Legislature(2005 - 2006)FAHRENKAMP 203

01/26/2005 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 14 MUNICIPAL ELECTIONS TELECONFERENCED
Heard & Held
*+ SB 51 PUBLIC ASSISTANCE PROGRAMS TELECONFERENCED
Moved SB 51 Out of Committee
                  SB  14-MUNICIPAL  ELECTIONS                                                                               
                                                                                                                              
1:35:34 PM                                                                                                                    
                                                                                                                              
CHAIR GARY  STEVENS announced the  first order of business  to be                                                               
SB 14,  which is a  bill that he  introduced last year,  but that                                                               
didn't make it through the  process after it was amended. Several                                                               
boroughs  have requested  the legislation,  which is  intended to                                                               
help  local  governments  avoid  costly  special  initiative  and                                                               
referendum  elections  because  these   types  of  elections  are                                                               
expensive  and  tend to  have  low  voter  turnout. SB  14  gives                                                               
communities  the  option  of  waiting   until  the  next  regular                                                               
election or proceeding with a  special election if they choose to                                                               
do so.                                                                                                                          
                                                                                                                                
1:36:58 PM                                                                                                                    
                                                                                                                                
SB 14  doesn't apply to  home rule municipalities and  the Alaska                                                               
Municipal League,  Fairbanks North Star Borough,  Kenai Peninsula                                                               
Borough, Mat-Su  Borough, Ketchikan Gateway Borough,  the City of                                                               
Juneau and  several other communities have  expressed support for                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR GARY STEVENS noted that  Mrs. Murphy from Kenai was largely                                                               
responsible for the bill.                                                                                                       
                                                                                                                                
MRS.  LINDA  MURPHY,  Kenai   Peninsula  Borough  clerk,  thanked                                                               
Senator Gary Stevens  for introducing the bill and  said that the                                                               
chair had  given a good  explanation of the bill.  She emphasized                                                               
that  special elections  can be  very expensive  to a  community.                                                               
Because they aren't budgeted items,  each time there is a special                                                               
election, a supplemental appropriation is necessary.                                                                            
                                                                                                                                
She urged  members to  move the  bill and  remarked that  she was                                                               
hopeful  it wouldn't  get held  up with  unrelated amendments  as                                                               
happened last year.                                                                                                             
                                                                                                                                
MONA  LISA DREXLER,  Fairbanks North  Star  Borough clerk,  spoke                                                               
with the  approval of her  assembly in  support of SB  14 stating                                                               
that  it's a  priority  for  her borough.  She  reported that  in                                                               
Alaska there are about 140  municipalities that must follow Title                                                               
29 on  special elections. About  21 municipalities are  home rule                                                               
communities and the bill would not affect them.                                                                                 
                                                                                                                                
1:39:58 PM                                                                                                                    
                                                                                                                                
In closing she said, "But  whether you're a municipality that has                                                               
a population  base of 340 people,  such as Elum, or  86,500, such                                                               
as  the  Fairbanks North  Star  Borough,  a special  election  is                                                               
costly, timely and traditionally the turnout is very low."                                                                      
                                                                                                                                
LAURIE SICA, City and Borough  of Juneau (CBJ) clerk, stated that                                                               
Juneau  is a  home rule  municipality  so they  follow their  own                                                               
rules for elections.                                                                                                            
                                                                                                                                
1:41:09 PM                                                                                                                    
                                                                                                                                
She reported  that the mayor  was not interested in  changing the                                                               
CBJ code unless  this change is made at the  state level, but she                                                               
would very much like SB 14 to  pass because in the last two years                                                               
CBJ  had  two special  elections  and  each cost  about  $35,000.                                                               
Although  she didn't  believe  the assembly  would  have put  the                                                               
issues  on  a  regular  ballot  because  they  were  timely,  she                                                               
anticipates another  issue for special  election in 2005  that is                                                               
not timely.                                                                                                                     
                                                                                                                                
1:42:12 PM                                                                                                                    
                                                                                                                                
CHAIR  GARY STEVENS  said the  only criticism  he's heard  on the                                                               
bill  is some  saying that  it takes  power out  of the  peoples'                                                               
hands. However, the local borough  assembly or council can decide                                                               
whether the  issue is timely  enough to hold a  special election.                                                               
If not, they  would have the option of waiting  until the regular                                                               
election. He asked whether she thought that was agreeable.                                                                      
                                                                                                                                
MS. SICA  replied it does  make it  a more political  decision at                                                               
the assembly, but  they certainly weigh the  timeliness of issues                                                               
and they are elected to serve the public.                                                                                       
                                                                                                                                
SENATOR JOHNNY  ELLIS noted that he  is new to the  committee and                                                               
was  unfamiliar with  the  issues  that came  up  last year  that                                                               
caused the bill to fail.                                                                                                        
                                                                                                                                
SENATOR GARY STEVENS  said an amendment was made  that brought in                                                               
the  Anchorage  elections,  which  resulted  in  the  bill  being                                                               
sidetracked. "Other than that, I  think the bill would have moved                                                               
right on through without any problem," he said.                                                                                 
                                                                                                                                
SENATOR ELLIS said he remembers the blowup                                                                                      
                                                                                                                                
SENATOR THOMAS  WAGONER announced that  he might amend  the bill.                                                               
He  explained  that  he  likes the  fact  that  Washington  State                                                               
requires a 60 percent voter  turnout for special elections or the                                                               
election isn't certified.  This forces issues to  be carried over                                                               
to a  regular election  whenever possible so  that a  majority of                                                               
the people decide  on the issue. As a result,  there are very few                                                               
special elections that promote special interest issues.                                                                         
                                                                                                                                
He said he would look into the matter further.                                                                                  
                                                                                                                                
1:45:14 PM                                                                                                                    
                                                                                                                                
SENATOR  GARY STEVENS  agreed that  special elections  frequently                                                               
have  a smaller  turnout  than regular  elections.  He said  that                                                               
working  for increased  voter turnout  is part  of the  rationale                                                               
behind SB 14.                                                                                                                   
                                                                                                                                
1:46:14 PM                                                                                                                    
                                                                                                                                
SENATOR GARY  STEVENS asked whether there  were further comments,                                                               
questions or  concerns. He said  the motion before  the committee                                                               
was  to approve,  with the  attached  fiscal note,  and asked  if                                                               
there was objection.                                                                                                            
                                                                                                                                
SENATOR ELLIS  asked whether  it was  a motion  to move  the bill                                                               
from committee with individual recommendations.                                                                                 
                                                                                                                                
SENATOR  GARY  STEVENS  asked  Senator  Wagoner  to  restate  his                                                               
motion.                                                                                                                         
                                                                                                                                
SENATOR  WAGONER  motioned to  move  SB  14 from  committee  with                                                               
individual recommendations and attached zero fiscal note.                                                                       
                                                                                                                                
SENATOR ELLIS asked  if an amendment might be  offered at another                                                               
stage of the process.                                                                                                           
                                                                                                                                
SENATOR WAGONER said  yes, he'd have to study  the matter further                                                               
and talk with legislative legal  to determine whether there was a                                                               
constitutional question.                                                                                                        
                                                                                                                                
SENATOR  ELLIS  asked  if  this  might  not  be  the  appropriate                                                               
committee to  consider the amendment  particularly since  this is                                                               
the only committee of referral.                                                                                                 
                                                                                                                                
SENATOR  GARY STEVENS  agreed that  this was  the only  committee                                                               
that would hear the bill.                                                                                                       
                                                                                                                                
SENATOR WAGONER  said he could  amend the  bill on the  floor and                                                               
assured  members  that  he  wouldn't  ambush  the  chair  or  the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR ELLIS pointed out that  although he wouldn't intend to do                                                               
so, committee work conducted on the floor could be problematic.                                                                 
                                                                                                                                
SENATOR WAGONER said it's up to the chair.                                                                                      
                                                                                                                                
SENATOR ELLIS asked how quickly he could prepare the amendment.                                                                 
                                                                                                                                
SENATOR  WAGONER said  he'd have  his staff  contact Tam  Cook in                                                               
legislative legal to discuss the possibilities.                                                                                 
                                                                                                                                
SENATOR  ELLIS stated  that if  there were  another committee  of                                                               
referral it would  be reasonable to move the bill  since the bill                                                               
presented no  problems in the  original form. He  assured members                                                               
that he had no  reason to block the bill, but  he thought the CRA                                                               
Committee  should consider  the  amendment if  it  could be  done                                                               
expeditiously.                                                                                                                  
                                                                                                                                
SENATOR GARY STEVENS  said he understood, but he  wasn't sure the                                                               
suggested amendment would fit within SB 14.                                                                                     
                                                                                                                                
1:48:26 PM                                                                                                                    
                                                                                                                                
SENATOR  WAGONER  said  people  that  run  municipal  governments                                                               
frequently have an agenda to  bring up special elections and this                                                               
wouldn't keep  them from  using that  authority to  further their                                                               
agenda. The taxpayers would lose  and his amendment would address                                                               
that.                                                                                                                           
                                                                                                                                
SENATOR GARY STEVENS said he was willing to hold the bill.                                                                      
                                                                                                                                
SENATOR WAGONER said that was agreeable.                                                                                        
                                                                                                                                
SENATOR  ELLIS thanked  the  chair  and said  this  was the  only                                                               
committee that  the public could  weigh in  on the idea  and that                                                               
was all he asked.                                                                                                               
                                                                                                                                
SENATOR GARY STEVENS announced he would hold SB 14 in committee.                                                                

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