HB 309-APOC; CAMPAIGN CONTRIBUTIONS/REPORTING  4:52:15 PM CHAIR KREISS-TOMKINS announced that the next order of business would be HOUSE BILL NO. 309, "An Act exempting candidates for municipal office and municipal office holders in municipalities with a population of 15,000 or less from financial or business interest reporting requirements; relating to campaign finance reporting by certain groups; and providing for an effective date." [Before the committee was CSHB 309(CRA).] 4:52:52 PM REPRESENTATIVE CLAMAN moved to adopt the proposed committee substitute (CS) for HB 309, Version 32-LS0540\O, Bullard, 5/2/22, as the working draft. CHAIR KREISS-TOMKINS objected for the purpose of discussion. 4:53:14 PM CLAIR GROSS, Staff, Representative Jonathan Kreiss-Tomkins, Alaska State Legislature, on behalf of Representative Kreiss- Tomkins, provided a summary of changes in the proposed CS, ("Version O"), for CSHB 309(CRA). 4:59:15 PM REPRESENTATIVE EASTMAN directed attention to Section 8. He asked whether subsection (c) applied to paper records, or whether they were handled separately. CHAIR KREISS-TOMKINS shared his understanding that the public official financial disclosures (POFDs) submitted by a broader subset of public officials, such as judicial officers, division directors, et cetera, were not posted on the website. Instead, those POFDs were kept on file and available by request. He asked Ms. Hebdon whether that was accurate. 5:01:24 PM HEATHER HEBDON, Executive Director, Alaska Public Offices Commission (APOC), Department of Administration, confirmed that Section 8 indicated that filings submitted through the electronic filing system would be made available to the public; however, she was unsure whether it would impact previous statements that had been filed on paper. Paper statements, she said, applied to municipal officers that Version O sought to exempt. She reiterated that currently, not all electronically filed POFDs were readily available to the public, as APOC had chosen to publish certain statements on its website, such as candidates, seated legislators, the governor, and the lieutenant governor. REPRESENTATIVE EASTMAN sought to clarify which POFDs were published online and which POFDs were made available upon request. MS. HEBDON shared her understanding that Section 8 contemplated paper POFDs received by municipal officers who were not required to file electronically; however, portions of Version O sought to exempt municipal officers from filing regardless of the method. Should the bill pass in its current form, she understood that paper statements would no longer be received. She added that per Version O, all electronically filed POFDs would be made available to the public via the commission's Internet website. 5:05:39 PM CHAIR KREISS-TOMKINS sought to confirm that according to page 6, line 13 of Version O, all POFDs for elected public officials or candidates for elective office must be available online. 5:06:32 PM ALPHEUS BULLARD, Attorney, Legislative Legal Services, Legislative Affairs Agency (LAA), confirmed that the Chair Kreiss-Tomkin's summary was accurate. CHAIR KREISS-TOMKINS expressed his desire to reconcile the inconsistencies in Ms. Hebdon's answer to Representative Eastman's question. He invited her to provide additional comment to resolve any confusion. MS. HEBDON expressed her belief that there was no confusion. She reiterated her understanding that Version O was directing APOC to publish all POFDs of candidates for elected office, as well as elected public officials. 5:07:44 PM REPRESENTATIVE EASTMAN asked whether that would include candidates for elected office in the past six years and candidates for municipal office, which may not have been published online in the past. MS. HEBDON deferred to the bill sponsor. She was unsure whether the bill was retroactive. CHAIR KREISS-TOMKINS indicated that the commission would be responsible for interpreting Section 8 in the most practicable way. He suggested that if it were administratively onerous to apply the provision to past years' POFDs, it "wouldn't be a big deal." He emphasized that his intent was to reform the system moving forward. 5:09:19 PM REPRESENTATIVE VANCE asked whether it was necessary to include language that would affirmatively "grandfather in" POFDs that were submitted prior to the effective date of the proposed legislation. MR. BULLARD shared his understanding that Section 8 of Version O would require the commission to make POFDs including those filed in the last six years - accessible to the public online. CHAIR KREISS-TOMKINS asked whether retroactive application would be possible. MS. HEBDON acknowledged that retroactive application would require more work; however, she pointed out that most POFDs were already filed electronically. She shared her belief that the programming could be accomplished behind the scenes through the commission's internal programmer. She noted that her preference would be for the application of Section 8 to be from the effective date forward. 5:12:33 PM CHAIR KREISS-TOMKINS expressed his interest in pursuing an amendment to that effect. REPRESENTATIVE EASTMAN inquired about the distinction between elected officials who were no longer elected officials and candidates who were no longer candidates. MR. BULLARD agreed that the section could be further clarified. 5:13:50 PM CHAIR KREISS-TOMKINS removed his objection to the motion to adopt the proposed CS for HB 309, Version 32-LS0540\O, Bullard, 5/2/22, as the working document. There being no further objection, Version O was before the committee. REPRESENTATIVE VANCE proposed that Section 8 should be conceptually amended if the chair was amenable. 5:14:56 PM The committee took a brief at-ease. 5:16:08 PM REPRESENTATIVE VANCE moved to adopt Conceptual Amendment 1 to HB 309, Version O, such that "beginning July 1, 2022" would be inserted on page 6, line 16, after the first occurrence of the word "years". CHAIR KREISS-TOMKINS objected for purposes of discussion. REPRESENTATIVE VANCE clarified that should the conceptual amendment pass, Section 8 [lines 14-16] would read: "The commission shall keep a report filed under this chapter on file for six years beginning July 1, 2022." CHAIR KREISS-TOMKINS asked Mr. Bullard whether the conceptual amendment would suffice in terms of style and drafting guidelines given the allowance to make conforming changes. MR. BULLARD said he was unable to hear Conceptual Amendment 1. He recommended that the best way to propose a conceptual amendment was to explain what the committee wanted it to do and leave the drafting of language to Legislative Legal Services. 5:18:34 PM REPRESENTATIVE VANCE withdrew Conceptual Amendment 1. She moved to adopt Conceptual Amendment 2 to Version O, such that "beginning July 1, 2022" would be inserted on page 6, line 16, after the first occurrence of the word "years". CHAIR KREISS-TOMKINS objected for the purpose of discussion to specify that the intent was for Section 8 to apply after the effective date of the bill, thereby removing any retroactivity. CHAIR KREISS-TOMKINS asked Mr. Bullard whether the discussion regarding Conceptual Amendment 2 was sufficiently clear for Legislative Legal Services to draft the language accordingly. MR. BULLARD confirmed that the intent was clear. 5:20:41 PM CHAIR KREISS-TOMKINS removed his objection to the motion to adopt Conceptual Amendment 2 to Version O. There being no further objection, Conceptual Amendment 2 was adopted. 5:20:58 PM REPRESENTATIVE EASTMAN recalled a function of the search feature that no longer existed. He asked how difficult it would be to create a function for searching and sharing single transactions via a generated link for members of the public. MS. HEBDON asked when the ability to share permanent links to each transaction was available. REPRESENTATIVE EASTMAN answered in 2008. MS. HEBDON explained that a different database was used in 2008, adding that the data was never migrated to the new system. She shared her belief that the two systems were not compatible. REPRESENTATIVE EASTMAN asked how difficult it would be to build that functionality into the current system. MS. HEBDON did not know the answer. 5:25:53 PM REPRESENTATIVE CLAMAN moved to report CSHB 309, Version 32- LS0540\O, Bullard, 5/2/22, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 309(STA) was reported out of the House State Affairs Standing Committee.