Legislature(2003 - 2004)
03/04/2003 08:00 AM House STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HB 31-INITIATIVE/REFERENDUM PETITIONS HJR 5-CONST AM: INITIATIVE/REFERENDUM PETITIONS Number 0240 CHAIR WEYHRAUCH announced that the next order of business would be HOUSE BILL NO. 31, "An Act relating to initiative and referendum petitions; and providing for an effective date." [Also before the committee was HOUSE JOINT RESOLUTION NO. 5, Proposing an amendment to the Constitution of the State of Alaska relating to initiative and referendum petitions.] Number 0302 TIM BARRY, Staff to Representative Bill Williams, Alaska State Legislature, presented HB 31 and the accompanying HJR 5 on behalf of Representative Williams, sponsor. He told members: The right of the people to use the initiative process is an important part of Alaska's democracy. The framers of our constitution crafted an article in the state's constitution allowing citizens to get initiatives on the ballot, a right that does not exist in 26 other ... states. However, the framers tempered that right by requiring a substantial number of voters from a wide area of the state to sign a petition before any initiative gets on the ballot. The signatures must total at least 10 percent of the people who voted in the most recent general election, and there has to be at least one signature from two- thirds of House districts, or 27 districts. The framers of the constitution specifically included this geographical distribution requirement in order to prevent any one area of the state from dominating the process. The legislation before you changes the signature- gathering requirements to more accurately account for changes in communication and population distribution in Alaska since the constitution was written in 1956. HB 31/HJR 5 would require petition sponsors to get signatures equaling at least 7 percent of the number of voters in the most recent general election in at least three-quarters of House districts, that is, 30 rather than 27 districts. This change supports the letter and spirit of the constitution, and brings more Alaskans from more parts of the state into the initiative process. The proposal exports and expands democracy. Of the 24 ... states that have an initiative process, 13 have some sort of geographic distribution requirement for signatures. It is important that Alaska's initiative process be fair and represent the entire state, to avoid the kind of undue influence by interest groups and local areas that the framers of the constitution sought to avoid. This bill and the accompanying resolution, if passed by the legislature, will not change Alaskan law. The decision will be made by the people of Alaska in a vote on a constitutional amendment in November 2004. Number 0547 REPRESENTATIVE HOLM asked what problems exist that call for this legislation. MR. BARRY said he is new to Representative Williams' staff and doesn't know any specific motivation. He noted that other states such as California and Oregon have had a lot of initiatives that received a press coverage, and surmised that this could be one concern. CHAIR WEYHRAUCH informed Representative Holm that the sponsor had advised him that information from the National Council of State Legislatures and information regarding initiatives in Alaska would be made available to the committee. In response to a question by Representative Berkowitz, he said his own intention wasn't to move [HB 31 and HJR 5] at the present hearing. Number 0754 REPRESENTATIVE BERKOWITZ agreed with the need to be shown that there exists a substantial problem before the committee advances a constitutional amendment. He mentioned information in the committee packet regarding what 7 percent would do. He said it seems fairly insubstantial in [comparison with] obstacles it would have raised for the initiatives listed there. He requested more information regarding whether 7 percent and a three-quarters [vote] are "magic" numbers. MR. BARRY responded that the framers of the constitution discussed numbers such as two-thirds or three quarters. He highlighted the current requirement that [a petition] must have at least 10 percent of voters statewide, but said the number is arbitrary. He said, "The framers did put in a geographic distributional requirement; they specifically wanted there to be representation from around the state." He noted that communications and population patterns in the state have changed considerably since 1956. He said he thinks the sponsor's intent is to try to get true input around the state on initiatives. Number 0920 REPRESENTATIVE BERKOWITZ opined that the constitution should not be messed with unless there is an indication it is broken and there is no recourse other than a constitutional amendment. REPRESENTATIVE SEATON requested that the sponsor supply his reason for the 7 percent and for changing the constitutionally mandated two-thirds [vote] to three-quarters. MR. BARRY replied that Article XI in the state constitution requires signatures from at least two-thirds of districts, which he said is arbitrary. He said the sponsor would like to see more involvement from people in more parts of the state. REPRESENTATIVE BERKOWITZ asked, "That being the case, why not have a lower percentile requirement from all the districts?" He added, "You could conceivably do three-quarters of the districts and leave huge swaths of this state untouched." He gave an example of how just four districts cover approximately half the state. MR. BARRY responded that various states use many different formulas. He said he thinks the sponsor would be interested in any formula offered by the legislature that would achieve his goal. Number 1155 CHAIR WEYHRAUCH noted that one purpose in hearing the proposed legislation again at a later date is to get people with specific knowledge of the constitution to testify. REPRESENTATIVE BERKOWITZ said he would withhold further comments until he'd heard other testifiers. Number 1237 The committee took an at-ease from 8:15 a.m. to 8:18 a.m. CHAIR WEYHRAUCH, noting the arrival of the sponsor, Representative Bill Williams, asked him if he would like to speak to the legislation. [Representative Williams declined. HB 31 and HJR 5 were held over.]
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