Legislature(2003 - 2004)
02/05/2004 08:05 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 322-MUNI INITIATIVE AND REFERENDUM ELECTIONS CHAIR WEYHRAUCH announced that the final order of business would be HOUSE BILL NO. 322, "An Act requiring a municipal initiative or municipal referendum to be submitted to the voters at the next regular election occurring not sooner than 60 days after certification of the initiative or referendum petition." He stated that Version D was before the committee. Number 1876 REPRESENTATIVE SEATON, co-sponsor of the bill, moved to adopt HB 322, for discussion purposes. There being no objection, it was so ordered. REPRESENTATIVE SEATON explained the purpose of HB 322 is to clarify and streamline the [initiative referendum] process for local governments so that they don't have to incur huge expenses. The bill would allow them to hold initiative referendums and elections on the following municipal election. He added that expenses can be extraordinary on Second Class cities and boroughs. REPRESENTATIVE SEATON explained that recently the Fairbanks North Star Borough held a special election to eliminate emission that cost $52,000. He said the election could have been held at the next general election without the expense. He said that first class and home rule cities and boroughs would not be affected by this bill. He added that the bill also would provide for an extra 15 days for the city clerks to prepare for the election. Number 1725 REPRESENTATIVE HOLM, co-sponsor of HB 322, said the issue is much greater than the cost [of $52,000] and that there are many more factors which [Fairbanks North Star Borough Clerk], Ms. Drexler, will speak to. Number 1680 LINDA MURPHY, Borough Clerk, Kenai Peninsula Borough, encouraged support of HB 322 as written, removing the mandate that a municipality conduct a special election in response to an initiative or referendum petition. She agreed with Representatives Seaton and Holm that special elections are expensive for municipalities, many of which are experiencing financial difficulties. In addition, she added that it is often difficult to recruit election workers for special elections during certain times of the year. Many workers are retired and spend time outside of Alaska, making it especially difficult to find workers during January and February. She also pointed out that special elections attract fewer voters than regular elections, which increases the possibility that the results do not reflect the true will of the community. Number 1575 REPRESENTATIVE GRUENBERG said the bill sounds non-controversial and he is prepared to support it. Number 1536 MONA L. DREXLER, CMC, Borough Municipal Clerk, Fairbanks North Star Borough, spoke strongly in favor of HB 322. She spoke in support of the right of citizens to petition their government to add, change, amend, or repeal any law. With HB 322, this [right] would still occur, it just would not occur in a special election at various times of the year, she said. She spoke about the recent North Star Borough election where the people were not able to get their petition signatures in time to make the October ballot. They had 90 days to get the signatures, which they did, and then they went to ballot on January 27. She explained that in order to conduct that election she had to dedicate one staff member full time for 25 days to seek election workers because of the problem of finding workers at off-times of the year. She said she also had to relocate two precincts and notify all of the registered voters in those precincts. This caused a lot of confusion for the voters, she said. Number 1381 MS. DREXLER reported that, traditionally, voter turnouts are lower in special elections. She emphasized how angry the voters were about the special election in January. She stated that HB 322 is a simple fix for second class boroughs and general law municipalities. Ms. Drexler concluded by saying that [Jim Whitaker], the mayor of Fairbanks North Star Borough (FNSB) and Presiding Officer Bartos have sent a letter in support of the bill [included in the committee packet]. She noted that the FNSB and the Alaska Association of Municipal Clerks would both be addressing resolutions in support of HB 322 in the near future. Number 1265 CHAIR WEYHRAUCH asked whether this bill would thwart the initiative process by delaying the opportunity for voters to vote on an issue. He wondered if, by the election date, the public would forget the issue. MS. DREXLER replied that October elections [focus on] candidates and other ballot issues, and there is more information all in one place pertaining to the issue. She said it is up to the people who initiate the petition to continue to get their word out. She reiterated how few people actually vote in the special elections. REPRESENTATIVE GRUENBERG said he is comfortable with this bill. He opined that the initiative process must be balanced with the cost of government. Number 1078 REPRESENTATIVE SEATON noted that the Alaska Municipal League supports HB 322, as seen by the letter in the committee packet. Number 1064 REPRESENTATIVE HOLM moved to report HB 322 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 322 was reported from the House State Affairs Standing Committee.
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