Legislature(2005 - 2006)CAPITOL 106

03/08/2005 08:00 AM House STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved Out of Committee
Moved CSHB 83(MLV) Out of Committee
Heard & Held
Heard & Held
Bills Previously Heard/Scheduled
HB  94-ELECTIONS                                                                                                              
CHAIR SEATON announced that the  last order of business was HOUSE                                                               
BILL  NO.  94, "An  Act  relating  to qualifications  of  voters,                                                               
requirements and procedures  regarding independent candidates for                                                               
President  and   Vice-President  of  the  United   States,  voter                                                               
registration and  voter registration records,  voter registration                                                               
through  a power  of attorney,  voter registration  using scanned                                                               
documents, voter  residence, precinct boundary and  polling place                                                               
designation  and  modification,   recognized  political  parties,                                                               
voters  unaffiliated  with  a   political  party,  early  voting,                                                               
absentee  voting,  application  for absentee  ballots  through  a                                                               
power  of  attorney,  or by  scanned  documents,  ballot  design,                                                               
ballot  counting, voting  by mail,  voting  machines, vote  tally                                                               
systems, initiative,  referendum, recall, and definitions  in the                                                               
Alaska Election  Code; relating  to incorporation  elections; and                                                               
providing for an effective date."                                                                                               
The committee took an at-ease from 9:23:32 AM to 9:28:44 AM.                                                                
9:29:21 AM                                                                                                                    
REPRESENTATIVE LYNN moved to adopt  the committee substitute (CS)                                                               
for HB 94, Version 24-GH1048\Y, Kurtz, 2/28/05, as a work draft.                                                                
9:30:10 AM                                                                                                                    
REPRESENTATIVE GRUENBERG objected.                                                                                              
9:30:18 AM                                                                                                                    
LAURA  GLAISER, Director,  Division of  Elections, Office  of the                                                               
Lieutenant   Governor,   in   response    to   a   request   from                                                               
Representative Gruenberg,  walked through Version Y  and told the                                                               
committee    where   previously    discussed   amendments    were                                                               
9:32:03 AM                                                                                                                    
REPRESENTATIVE  GRUENBERG removed  his  objection  to Version  Y;                                                               
therefore, Version Y was before the committee.                                                                                  
9:32:33 AM                                                                                                                    
REPRESENTATIVE GRUENBERG moved to  adopt Amendment 1, labeled 24-                                                               
GH1048\F.7, Kurtz, 2/16/05, which read as follows:                                                                              
     Page 9, line 1, following "2002).":                                                                                        
     Insert "The director may only approve a voting machine                                                                     
         or vote tally system if the machine or system                                                                          
     satisfies the requirements of AS 15.15.032(c)."                                                                            
9:33:24 AM                                                                                                                    
CHAIR SEATON objected for discussion purposes.                                                                                  
9:33:33 AM                                                                                                                    
REPRESENTATIVE  GRUENBERG  said Amendment  1  would  track a  law                                                               
passed last  year, which requires  the director [of  the Division                                                               
of Elections] to  provide a paper record  for each electronically                                                               
generated  ballot.    He  stated   his  understanding  that  "the                                                               
department has no objections."                                                                                                  
9:34:59 AM                                                                                                                    
MS.  GLAISER noted  that current  law does  say that  the current                                                               
director shall provide for a  paper record of each electronically                                                               
generated ballot;  therefore, she  said she doesn't  know whether                                                               
Amendment 1 is duplicative.                                                                                                     
9:35:37 AM                                                                                                                    
CHAIR SEATON  clarified that the  only thing [Amendment  1] would                                                               
do is say  that a voting machine could not  be approved without a                                                               
[paper] ballot.                                                                                                                 
9:36:17 AM                                                                                                                    
MS. GLAISER, in response to  a question from Representative Gatto                                                               
regarding  whether a  touch screen  [voting machine]  generates a                                                               
paper ballot, explained  that the current version  of the machine                                                               
owned by  the state does not  have an attachment that  provides a                                                               
"voter  verified paper  receipt."   She said  there is  a machine                                                               
currently in  development that  is being tested  and will  have a                                                               
paper receipt.  She clarified, "It's not a ballot."                                                                             
9:36:38 AM                                                                                                                    
CHAIR SEATON said it would provide for the possibility of a non-                                                                
electronic recount.                                                                                                             
9:36:53 AM                                                                                                                    
CHAIR SEATON removed his objection to Amendment 1.  There being                                                                 
no further objection, Amendment 1 was adopted.                                                                                  
9:37:08 AM                                                                                                                    
REPRESENTATIVE GRUENBERG moved to adopt Amendment 2, labeled                                                                    
F.4, which read as follows:                                                                                                     
     Page 6, following line 5:                                                                                                  
          Insert a new bill section to read:                                                                                    
      "* Sec. 9.  AS 15.15.032 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (d)  If the director provides for voting by use                                                                       
       of electronically generated ballots, the director                                                                        
       shall provide ballots in English, and may provide                                                                        
     ballots in one or more languages other than English."                                                                      
     Renumber the following bill sections accordingly.                                                                          
     Page 21, line 6:                                                                                                           
          Delete "secs. 20 - 43"                                                                                                
          Insert "secs. 21 - 44"                                                                                                
9:37:47 AM                                                                                                                    
CHAIR SEATON objected for discussion purposes.                                                                                  
9:37:59 AM                                                                                                                    
REPRESENTATIVE GRUENBERG said Amendment 2 "will help get out the                                                                
vote to a lot of people in the state."                                                                                          
9:38:23 AM                                                                                                                    
CHAIR SEATON offered his understanding that it would not be a                                                                   
requirement for a ballot to be provided in many different                                                                       
9:38:29 AM                                                                                                                    
MS. GLAISER  answered that's correct.   She said the  language is                                                               
"may",  thus   the  director   may  provide   alternative  ballot                                                               
languages.  She reported that  the division is currently required                                                               
by  federal  law to  translate  [ballots]  into Tagalog  for  the                                                               
precincts in  Kodiak.  She  said, "Right  now we would  attach no                                                               
fiscal note because  it says "may", but should ...  we have to do                                                               
that, there would  be a fiscal note, because we're  going to have                                                               
to hire  translators and the program  needs to be set.   She said                                                               
if  the ballot  is  done in  audio for  Yupik,  for example,  the                                                               
ballot would still  appear before the person  in English, because                                                               
there is written language.                                                                                                      
9:39:36 AM                                                                                                                    
CHAIR SEATON asked,  "Do you see this in  anyway diminishing your                                                               
capacity to do that in audio?"                                                                                                  
9:39:57 AM                                                                                                                    
MS. GLAISER  answered no.   In response  to a  follow-up question                                                               
from  Chair Seaton,  she said  the  division sees  no problem  in                                                               
having Amendment  2 in the bill.   She added, "The  point is that                                                               
...  there will  be  candidates and  pressure  to translate  into                                                               
other  languages, and  there  will  be an  increased  cost to  do                                                               
that."  She  clarified, "We aren't currently  mandated by federal                                                               
law to do that.   If we decide go this extra step,  it will be an                                                               
increased  cost."   She explained  that the  state does  not have                                                               
licensed translators.                                                                                                           
9:40:31 AM                                                                                                                    
CHAIR SEATON  asked if  there is any  difference in  the division                                                               
deciding  to  offer ballots  in  another  language or  in  audio,                                                               
versus "if this  language is in there and  somebody requests, and                                                               
you decide to do it or not to do it."                                                                                           
9:41:12 AM                                                                                                                    
MS. GLAISER replied no.  She  said she feels obligated to let the                                                               
committee know that there will be additional costs.                                                                             
9:41:34 AM                                                                                                                    
CHAIR  SEATON asked  Ms. Glaiser  if she  thinks there  may be  a                                                               
legal consequence  to the proposed  language that would  make the                                                               
division [feel it  had to approve requests  for certain languages                                                               
to appear on a ballot].                                                                                                         
9:41:57 AM                                                                                                                    
MS. GLAISER said she would have  to talk to the [U.S.] Department                                                               
of Justice to discern "whether it  puts the state in that kind of                                                               
bind or  obligation."  She questioned  where it would end  if the                                                               
division were to  provide a ballot in one language  and many more                                                               
languages  surfaced  for  consideration.   She  reiterated  that,                                                               
under current law,  the division could engage in  a pilot project                                                               
"to  test interests."    She said,  "It's a  policy  call by  the                                                               
legislature if  that's an investment  the state wants to  make in                                                               
translating the ballots in other languages."                                                                                    
9:42:43 AM                                                                                                                    
REPRESENTATIVE GATTO said this sounds  like the law of unintended                                                               
consequences.   He said  he heard  there are  up to  90 different                                                               
dialects in the Anchorage school  district alone, and there is no                                                               
way  that the  division  could  cover that  many  languages.   He                                                               
stated, "This  scares me."   He added, "And  I know it  only says                                                               
'may', but  I'm always suspicious  of maybe someone  requiring it                                                               
later."  He stated his discomfort with Amendment 2.                                                                             
9:43:45 AM                                                                                                                    
REPRESENTATIVE GARDNER asked what the  threshold would be and how                                                               
people  would  "request it."    She  asked  why just  Tagalog  is                                                               
9:44:17 AM                                                                                                                    
MS. GLAISER responded  that the federal law has  a standard based                                                               
on  the population  of  a  community.   She  noted the  languages                                                               
required in  California.  She  said the numbers are  derived from                                                               
the U.S. Census.  She said  the division is required to translate                                                               
not only  the ballots, but also  all of the voting  posters.  She                                                               
said,  "They actually  came in  and monitored  the division  this                                                               
year to  see that our training  was complete [and] that  our poll                                                               
workers could explain ...  how to get help."  No  one else in the                                                               
state  has reached  the federally  mandated threshold  to require                                                               
translated ballots.                                                                                                             
REPRESENTATIVE GARDNER indicated  that she would like  to see the                                                               
division continue to  do what is required by federal  law and, in                                                               
addition, offer the audio portion  of ballots to those indigenous                                                               
Alaskan languages that are not written.                                                                                         
9:46:35 AM                                                                                                                    
MS. GLAISER responded, "We can still  can do that.  This was just                                                               
further  clarification."   She said  the lieutenant  governor has                                                               
discussed the idea  of a pilot project  to be done in  one of the                                                               
Alaska Native languages.                                                                                                        
9:47:14 AM                                                                                                                    
CHAIR  SEATON asked  Ms. Glaiser  to get  a legal  opinion as  to                                                               
whether there would be any ramifications of passing Amendment 2.                                                                
9:47:59 AM                                                                                                                    
CHAIR SEATON  said he  would like  to hold  Amendment 2  for that                                                               
legal  opinion.    However,  he   observed  that  enough  of  the                                                               
committee members indicated  a readiness to vote  on Amendment 2;                                                               
therefore, he put Amendment 2 back before the committee.                                                                        
A  roll  call vote  was  taken.   Representatives  Gruenberg  and                                                               
Gardner voted  in favor of  Amendment 2.   Representatives Gatto,                                                               
Elkins, Lynn,  Ramras, and Seaton  voted against it.   Therefore,                                                               
Amendment 2 failed by a vote of 5-2.                                                                                            
9:49:42 AM                                                                                                                    
REPRESENTATIVE  GRUENBERG  moved  Am  3,  labeled  24-GH1048\F.3,                                                               
Kurtz, 8/3/05, which read as follows:                                                                                           
       Page 1, line 3, following the second occurrence of                                                                       
     "voter registration":                                                                                                    
          Insert "and other acts relating to voting that                                                                      
     may be done"                                                                                                             
     Page 1, following line 11:                                                                                                 
     Insert new bill sections to read:                                                                                          
        "* Section 1.  AS 13.26.332 is amended to read:                                                                     
          Sec. 13.26.332.  Statutory form power of                                                                            
     attorney.  A person who  wishes to designate another as                                                                  
     attorney-in-fact or  agent by a  power of  attorney may                                                                    
     execute  a  statutory  power of  attorney  set  out  in                                                                    
     substantially the following form:                                                                                          
                       GENERAL POWER OF ATTORNEY                                                                                
          THE POWERS GRANTED FROM THE PRINCIPAL TO THE                                                                          
     AGENT  OR AGENTS  IN THE  FOLLOWING  DOCUMENT ARE  VERY                                                                    
     BROAD.  THEY MAY  INCLUDE THE  POWER TO  DISPOSE, SELL,                                                                    
     CONVEY, AND  ENCUMBER YOUR REAL AND  PERSONAL PROPERTY,                                                                    
     AND  THE  POWER TO  MAKE  YOUR  HEALTH CARE  DECISIONS.                                                                    
     ACCORDINGLY,  THE  FOLLOWING  DOCUMENT SHOULD  ONLY  BE                                                                    
     USED  AFTER CAREFUL  CONSIDERATION.   IF  YOU HAVE  ANY                                                                    
     QUESTIONS   ABOUT  THIS   DOCUMENT,  YOU   SHOULD  SEEK                                                                    
     COMPETENT ADVICE.                                                                                                          
          YOU MAY REVOKE THIS POWER OF ATTORNEY AT ANY                                                                          
          Pursuant   to   AS 13.26.338   -   13.26.353,   I,                                                                    
          (Name  of  principal)     ,  of       (Address  of                                                                
     principal)     ,  do  hereby   appoint       (Name  and                                                                
     address  of agent  or agents)     ,  my attorney(s)-in-                                                                  
     fact to act as I have  checked below in my name, place,                                                                    
     and stead  in any  way which  I myself  could do,  if I                                                                    
     were personally present, with  respect to the following                                                                    
     matters, as  each of them  is defined  in AS 13.26.344,                                                                    
     to the  full extent that I  am permitted by law  to act                                                                    
     through an agent:                                                                                                          
          THE AGENT OR AGENTS YOU HAVE APPOINTED WILL HAVE                                                                      
     ALL THE POWERS LISTED BELOW UNLESS YOU                                                                                     
          DRAW A LINE THROUGH A CATEGORY; AND                                                                                   
          INITIAL THE BOX OPPOSITE THAT CATEGORY                                                                                
     (A)  real estate transactions                   (  )                                                                       
     (B)  transactions involving tangible personal                                                                              
          property, chattels, and goods              (  )                                                                       
     (C)  bonds, shares, and commodities transactions(  )                                                                       
     (D)  banking transactions                       (  )                                                                       
     (E)  business operating transactions            (  )                                                                       
     (F)  insurance transactions                     (  )                                                                       
     (G)  estate transactions                        (  )                                                                       
     (H)  gift transactions                          (  )                                                                       
     (I)  claims and litigation                      (  )                                                                       
     (J)  personal relationships and affairs         (  )                                                                       
     (K)   benefits  from government  programs and  military                                                                    
     service                                         (  )                                                                       
     (L)  records, reports, and statements           (  )                                                                       
     (M)  delegation                                 (  )                                                                       
     (N)  voting                                     (  )                                                                 
     (O)   all other  matters, including those  specified as                                                                
     follows:                                        (  )                                                                       
          IF YOU  HAVE APPOINTED MORE THAN  ONE AGENT, CHECK                                                                    
     ONE OF THE FOLLOWING:                                                                                                      
(  )  Each agent may exercise the powers conferred                                                                              
     separately, without the consent of any other agent.                                                                        
(  )  All agents shall exercise the powers conferred                                                                            
     jointly, with the consent of all other agents.                                                                             
          TO  INDICATE  WHEN   THIS  DOCUMENT  SHALL  BECOME                                                                    
     EFFECTIVE, CHECK ONE OF THE FOLLOWING:                                                                                     
(  )  This document shall become effective upon the date of                                                                     
     my signature.                                                                                                              
(  )  This document shall become effective upon the date of                                                                     
     my disability  and shall not  otherwise be  affected by                                                                    
     my disability.                                                                                                             
          IF  YOU HAVE  INDICATED THAT  THIS DOCUMENT  SHALL                                                                    
     BECOME EFFECTIVE  ON THE DATE OF  YOUR SIGNATURE, CHECK                                                                    
     ONE OF THE FOLLOWING:                                                                                                      
(  )  This document shall not be affected by my subsequent                                                                      
(  )  This document shall be revoked by my subsequent                                                                           
          IF  YOU HAVE  INDICATED THAT  THIS DOCUMENT  SHALL                                                                    
     BECOME EFFECTIVE  UPON THE DATE  OF YOUR  SIGNATURE AND                                                                    
     WANT TO LIMIT  THE TERM OF THIS  DOCUMENT, COMPLETE THE                                                                    
          This document  shall only  continue in  effect for                                                                    
     ________ (  ) years from the date of my signature.                                                                         
               NOTICE OF REVOCATION OF THE POWERS                                                                               
                    GRANTED IN THIS DOCUMENT                                                                                    
          You may revoke  one or more of  the powers granted                                                                    
     in  this document.  Unless otherwise  provided in  this                                                                    
     document, you  may revoke a  specific power  granted in                                                                    
     this power  of attorney  by completing a  special power                                                                    
     of attorney  that includes the  specific power  in this                                                                    
     document  that you  want  to  revoke. Unless  otherwise                                                                    
     provided  in  this document,  you  may  revoke all  the                                                                    
     powers granted in this power  of attorney by completing                                                                    
     a subsequent power of attorney.                                                                                            
                    NOTICE TO THIRD PARTIES                                                                                     
          A  third  party  who   relies  on  the  reasonable                                                                    
     representations of  an attorney-in-fact as to  a matter                                                                    
     relating  to a  power  granted by  a properly  executed                                                                    
     statutory  power   of  attorney  does  not   incur  any                                                                    
     liability  to  the  principal  or  to  the  principal's                                                                    
     heirs,  assigns, or  estate as  a result  of permitting                                                                    
     the attorney-in-fact to  exercise the authority granted                                                                    
     by the power  of attorney.  A third party  who fails to                                                                    
     honor  a  properly  executed statutory  form  power  of                                                                    
     attorney may be liable  to the principal, the attorney-                                                                    
     in-fact, the principal's heirs,  assigns, or estate for                                                                    
     a  civil   penalty,  plus  damages,  costs,   and  fees                                                                    
     associated  with   the  failure  to  comply   with  the                                                                    
     statutory  form power  of attorney.   If  the power  of                                                                    
     attorney  is  one  which  becomes  effective  upon  the                                                                    
     disability  of the  principal,  the  disability of  the                                                                    
     principal is  established by an affidavit,  as required                                                                    
     by law.                                                                                                                    
          IN WITNESS WHEREOF, I have hereunto signed my                                                                         
     name this ____ day of __________, ____.                                                                                    
                              Signature of Principal                                                                            
          Acknowledged         before          me         at                                                                    
     ____________________________   ________________________                                                                    
     on ______________________________.                                                                                         
     Signature of Officer or Notary                                                                                             
        * Sec. 2.   AS 13.26.344 is amended by  adding a new                                                                  
     subsection to read:                                                                                                        
          (p)  In a statutory form power of attorney, the                                                                       
     language  conferring general  authority with  regard to                                                                    
     voting shall  be construed to  mean that  the principal                                                                    
     authorizes  the  agent  to register  the  principal  to                                                                    
     vote, request an absentee ballot  for the principal, or                                                                    
     perform any  other act  relating to  voter registration                                                                    
     or voting  that a principal is  specifically authorized                                                                    
     by statute to delegate to an agent."                                                                                       
     Page 1, line 12:                                                                                                           
          Delete "Section 1"                                                                                                  
          Insert "Sec. 3"                                                                                                     
     Renumber the following bill sections accordingly.                                                                          
     Page 3, line 8:                                                                                                            
          Delete "specifically"                                                                                             
     Page 3, line 9, following "voter;":                                                                                    
          Insert "the division of elections shall provide a                                                                 
     power of attorney form for this purpose on request;"                                                                   
     Page 4, lines 16 - 17:                                                                                                     
          Delete "as set out in AS 15.07.050"                                                                               
     Page 7, lines 14 - 16:                                                                                                     
          Delete "that specifically authorizes the other                                                                    
      person to apply for an absentee ballot on behalf of                                                                   
     the voter"                                                                                                             
          Insert "; the division of elections shall provide                                                                 
     a power of attorney form for this purpose on request"                                                                  
     Page 21, line 6:                                                                                                           
          Delete "secs. 20 - 43"                                                                                                
          Insert "secs. 22 - 45"                                                                                                
9:50:50 AM                                                                                                                    
CHAIR SEATON objected to Amendment 3 for discussion purposes.                                                                   
9:50:58 AM                                                                                                                    
REPRESENTATIVE  GRUENBERG said  the word  "voting" is  defined on                                                               
page 4, lines 21-26 [as labeled on the amendment].                                                                              
9:51:49 AM                                                                                                                    
REPRESENTATIVE  GARDNER asked,  "Do I  understand correctly  that                                                               
this would  allow somebody  to vote  for someone  if they  have a                                                               
(indisc. -- voices overlapping)?"                                                                                               
9:52:00 AM                                                                                                                    
REPRESENTATIVE GRUENBERG  directed attention  to lines  25-26, on                                                               
page  4   [as  labeled  on   the  amendment],  and   offered  his                                                               
understanding that  "that would be  somebody to physically  do it                                                               
if the person  were incapacitated ...."  He asked  Ms. Glaiser if                                                               
she could confirm that.                                                                                                         
9:52:29 AM                                                                                                                    
MS.   GLAISER   responded   that   she  is   not   an   attorney.                                                               
Notwithstanding  that, she  noted  that the  division does  allow                                                               
someone  to assist  a person  who is  incapacitated with  his/her                                                               
ballot.  She questioned if "voting"  is the right word on Page 2,                                                               
line 25  [as labeled  on the  amendment].   She indicated  she is                                                               
concerned  that the  language does  not lead  someone to  believe                                                               
that  he/she -  with  the  power of  attorney  -  could vote  for                                                               
9:53:14 AM                                                                                                                    
REPRESENTATIVE GRUENBERG responded, "The  intent there ... was to                                                               
mark the ballot  at the direction of the person."   He offered to                                                               
make an amendment to Amendment 3 to clarify that point.                                                                         
9:53:36 AM                                                                                                                    
CHAIR SEATON said  he thinks part of the confusion  is on page 2,                                                               
line 25  [as labeled on  the amendment], where the  word "voting"                                                           
has  been inserted,  because that  is the  word that  people will                                                               
see.   He suggested  that Representative  Gruenberg use  a phrase                                                               
such as "voting related acts".  He offered further insight.                                                                     
9:54:24 AM                                                                                                                    
REPRESENTATIVE GRUENBERG moved to table Amendment 3.                                                                            
9:54:46 AM                                                                                                                    
CHAIR SEATON said, "Okay."  He  added, "I think that people agree                                                               
the concept is good - the wording needs to be clarified."                                                                       
9:55:13 AM                                                                                                                    
REPRESENTATIVE   GRUENBERG  moved   Amendment   4,  labeled   24-                                                               
GH1048\G.3, Kurtz, 2/9/05, which read as follows:                                                                               
     Page 5, lines 17 - 30:                                                                                                     
          Delete all material and insert:                                                                                       
        "* Sec.  7.  AS 15.10.090 is  repealed and reenacted                                                                
     to read:                                                                                                                   
          Sec. 15.10.090.  Notice of precinct boundary or                                                                     
     polling  place  designation   and  modification.    The                                                                  
     director shall  give full public  notice if  a precinct                                                                    
     is  established or  abolished, if  the boundaries  of a                                                                    
     precinct are designated, abolished,  or modified, or if                                                                    
     the location  of a  polling place  is changed.   Public                                                                    
     notice must include                                                                                                        
               (1)  whenever possible, sending written                                                                          
     notice of the change  to each affected registered voter                                                                    
     in the precinct;                                                                                                           
              (2)  providing notice of the change                                                                               
               (A)  by publication three times in a local                                                                       
     newspaper of general circulation in the precinct; or                                                                       
               (B)  if there is not a local newspaper of                                                                        
     general  circulation   in  the  precinct,   by  posting                                                                    
     written notice in three conspicuous  places as close to                                                                    
         the precinct as possible; at least one posting                                                                         
     location must be in the precinct;                                                                                          
               (3)  posting notice of the change on the                                                                         
     Internet website of the division of elections; and                                                                         
               (4)  providing notification of the change to                                                                     
     the appropriate  municipal clerks,  community councils,                                                                    
     tribal  groups,  presiding officers,  Native  villages,                                                                    
     and village regional  corporations established under 43                                                                    
     U.S.C. 1606 (Alaska Native Claims Settlement Act)."                                                                        
9:56:37 AM                                                                                                                    
REPRESENTATIVE GRUENBERG  explained that  Amendment 4  tracks the                                                               
work  that had  been  done  by last  year's  House State  Affairs                                                               
Standing Committee.                                                                                                             
9:57:08 AM                                                                                                                    
MS. GLAISER said obviously the  division offered language the way                                                               
it wanted it;  however, she added that this  is the legislature's                                                               
decision.   She said the amendment  would require a notice  to be                                                               
published  three times,  whereas the  division had  requested "on                                                               
three different  days".   She asked if  the proposed  language of                                                               
Amendment  4 would  allow for  three ads  to be  put in  the same                                                               
paper.   She  said, "I  think that  the way  it was  drafted, the                                                               
intent was to communicate that  on three different days you would                                                               
see  the same  language before  you."   Regarding the  posting of                                                               
notices in 3 conspicuous places,  she reiterated, "We had offered                                                               
that it be 1 conspicuous place,  ... because in many of the areas                                                               
it's difficult to find three  conspicuous places."  She explained                                                               
that in some of the small  communities it is sufficient to post a                                                               
notice on  a note  board that  is viewed by  the community.   She                                                               
indicated  that  the  posting  on the  division's  Web  site  has                                                               
increased.   She noted, "This  amendment actually requires  us to                                                               
send a  written notice directly  to each voter."   She questioned                                                               
whether there may be a point  at which the division would be over                                                               
notifying.  She reiterated that  the division will do whatever is                                                               
decided by  the legislature,  and she  noted, "the  fiscal note's                                                               
approximately $20,000 on  this."  She explained that  that is due                                                               
to increased mailing and notice costs.                                                                                          
9:58:47 AM                                                                                                                    
REPRESENTATIVE GRUENBERG in regard  to posting 3 times, proffered                                                               
that it  was certainly the  intent of last year's  committee that                                                               
it be on three different days.                                                                                                  
9:59:14 AM                                                                                                                    
REPRESENTATIVE GRUENBERG  moved an  amendment to Amendment  4, on                                                               
page [1], line  11 [as numbered on the  amendment], after "three"                                                               
to delete "times" and insert "different days".                                                                                  
CHAIR SEATON  asked if there  was any objection to  the amendment                                                               
to Amendment 4.  There being none, it was so ordered.                                                                           
9:59:47 AM                                                                                                                    
REPRESENTATIVE  GRUENBERG,  regarding three  conspicuous  places,                                                               
recollected that  last year's  committee spoke  at length  on the                                                               
subject and decided that there should  be three places to post in                                                               
every precinct.  He said,  "This may be slight over-notification,                                                               
but  people,  I  think,  may  observe  something  but  not  fully                                                               
register, and  they have  to see  it several  times."   He added,                                                               
"And that was  also the feeling, frankly, about  the sending [of]                                                               
written notice."  He concluded that  he would not offer to change                                                               
that language.                                                                                                                  
10:01:03 AM                                                                                                                   
REPRESENTATIVE  GARDNER  asked  Ms.  Glaiser which  part  of  the                                                               
fiscal note is the expensive part.                                                                                              
10:01:20 AM                                                                                                                   
MS. GLAISER  replied that the  posting in the  conspicuous places                                                               
is not  any different  than current law,  but the  requirement to                                                               
mail to every voter  and to post notice 3 times  in a paper would                                                               
increase costs.                                                                                                                 
10:02:05 AM                                                                                                                   
CHAIR SEATON announced  that Amendment 4, [as  amended], would be                                                               
10:02:36 AM                                                                                                                   
CHAIR SEATON  noted that he  may open  public testimony on  HB 94                                                               
again at  the next hearing  of the  bill, because he  thinks it's                                                               
such an important issue.                                                                                                        
[HB 94 was heard and held.]                                                                                                     

Document Name Date/Time Subjects