Legislature(1999 - 2000)
04/21/1999 01:10 PM House JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 155 - MUNICIPAL ASSEMBLY APPORTIONMENT
CHAIRMAN KOTT announced the next order of business is HB 155, "An
Act relating to municipal assembly forms of representation and
apportionment."
Number 0190
REPRESENTATIVE HAROLD SMALLEY, Alaska State Legislature, came
before the committee as sponsor of the bill. He noted that Linda
Murphy may be on-line as clerk of the Kenai Peninsula School
District [Kenai Peninsula Borough]. He explained that she
contacted him and suggested legislation that would allow
flexibility for boroughs and municipalities across the state
regarding elections in times of reapportionment and boundary lines.
He noted that there are conflicts and confusion, especially on the
Kenai Peninsula. In some precincts there are four different
assembly positions. This bill would allow the flexibility to
follow existing policy or to wait until such time the state has
drawn the boundary lines. He noted to the committee members that
there is a sectional analysis in the bill packet. The big change
is in Section 3, which allows for the flexibility. The new
language reads, "The assembly may provide, by ordinance, for a
change in an existing apportionment of the assembly whenever a
final state redistricting plan is changed as a result of federal or
court action." Hopefully, by allowing boroughs to wait there would
be fewer challenges to ballots, and a lot less confusion in regards
to whether or not a voter is in the right precinct.
Number 0393
CHAIRMAN KOTT noted that the bill had a previous committee of
referral - House Community and Regional Affairs - with six "due
passes."
Number 0408
REPRESENTATIVE ROKEBERG noted that there are a number of people on
the Kenai Peninsula lined up to testify. He asked Representative
Smalley whether there is a particular problem there regarding this
issue.
Number 0418
REPRESENTATIVE SMALLEY replied Ms. Murphy can probably answer that
question better. There have been some difficulties in the past,
and the potential is even greater because there are at least four
assembly seats in the area with different boundary lines.
Number 0448
REPRESENTATIVE JAMES noted that there is area-wide representation
in the Fairbanks North Star Borough. She asked Representative
Smalley what is the positive effect of having district
representation for the assembly seats.
REPRESENTATIVE SMALLEY replied Ms. Murphy can probably answer that
question better. It's a direction that the borough chose some time
ago. It is done with the school board and assembly seats. It has
to do with community members feeling that they are better
represented.
REPRESENTATIVE SMALLEY noted that the council seats for the city of
Kenai are basically open, but the assembly and school board seats
are apportioned.
Number 0518
CHAIRMAN KOTT opened the meeting to public testimony.
Number 0533
LINDA MURPHY, Borough Clerk, Kenai Peninsula Borough, testified via
teleconference from Utah. She informed the committee that
Representative Smalley drafted HB 155 per her request. Under
current state law, boroughs with district assembly seats must
present the voters with a reapportionment plan prior to the time
the state reveals its plan. When the state reapportions, the
state's voter precinct lines are shifted and changed. Ms. Murphy
explained that it is easier for areas with district seats to have
the area's assembly lines follow state precinct lines because then
the voter only has one ballot. Currently, there is no way of
knowing where the state's voter precinct lines will fall. As
mentioned, one precinct in the Kenai Peninsula Borough contains
portions of four different assembly seats. Such a situation is
confusing for the volunteer election workers, for qualifying
someone to run for a district seat, and for absentee ballot
requests in those precincts. This legislation would provide the
borough with the flexibility to present its redistricting plan to
the voters after the state has done reapportionment. She urged the
committee to pass HB 155.
REPRESENTATIVE ROKEBERG pointed out that Section 4, of existing
statute, says that the ordinance will be submitted to the voters.
He asked whether the voters have to ratify the reapportionment plan
under the existing statute.
MS. MURPHY replied yes.
REPRESENTATIVE ROKEBERG asked whether there is anything in statute
that mandates that there "shall" be a reapportionment.
MS. MURPHY clarified that Representative Rokeberg was referring to
Section 3, which does not deal with the initial reapportionment
after the decennial census. Once the state adopts a plan, the
state's plan must be cleared by the Department of Justice in
Washington, D.C. because Alaska falls under the Federal Voting
Rights Act. Therefore, the state's adopted plan could be changed
by the federal government or challenged in court by anyone in the
state. If an area adopts a plan based on the state's plan, which
is subsequently overturned or changed by the federal government or
the court, that area would be able to revise the plan and present
the voters with a new plan based on the new lines for the state.
The current state law only allows boroughs to present a new plan to
the voters if the borough determines that apportionment does not
meet state standards.
CHAIRMAN KOTT closed the meeting to public testimony.
Number 0873
REPRESENTATIVE GREEN moved to report HB 155 out of committee with
individual recommendations and the accompanying zero fiscal note.
There being no objection, HB 155 was so moved from the House
Judiciary Standing Committee.
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