Legislature(2003 - 2004)
02/24/2004 03:37 PM Senate STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SB 227-MUNI INITIATIVE AND REFERENDUM ELECTIONS
CHAIR GARY STEVENS announced SB 227 to be up for consideration
and that he was the sponsor. He paraphrased the following
sponsor statement:
Senator Bill 227 is "An Act relating to municipal
initiative and referendum elections."
The bill was introduced to help local governments who
are facing cost increases and having to avoid costly
special initiative elections and referendums that
voters bring forward.
In many cases the issues are not so pressing that they
cannot wait for the regular municipal election.
Special elections are costly and often have a lower
voter turnout than regular elections.
Under current law, municipalities are forced to hold
initiative elections and referendums within 75 days
and because elections are normally held in October, it
is often quite costly and burdensome to the
municipalities.
Recently, the Fairbanks North Star Borough had over 46
petitions filed in four months. There was only one
special election, but it cost $35,000 plus volunteer
help and the workload on municipal employees. Still
there was the potential to have many more special
elections at enormous cost to the municipality.
This bill would result in cost savings to communities
that choose to wait until the next general election to
consider the issue then saving both time and money for
the municipalities.
This legislation would give the governing body the
option of calling a special election if the council or
assembly wanted to have the initiative or referendum
considered in a more timely basis. Examples might be
for bonding issues, special initiatives that are not
particularly time-sensitive. In those cases, any local
governing assembly can vote to hold a special election
so there is that option - special election or regular
election.
The bill is supported by the Municipal League, the
Fairbanks North Star Borough, the Kenai Peninsula
Borough, and the Alaska Association of Municipal
Clerks. It streamlines the special initiative and
referendum process by giving local governments an
option to cut costs and hold a special election during
their annual election cycle.
SENATOR GRETCHEN GUESS observed there would be a 13-month wait
if the next regular election fell less than 60 days after a
petition was certified.
She said she would like further explanation of the local control
option.
CHAIR GARY STEVENS initially pointed out that Anchorage isn't
affected because it is a first class city. Then he explained
that municipalities could continue with a special election or
referendum if they chose to do so or they could elect to
postpone until the regular October election. This simply gives
another option so municipalities aren't forced to hold special
elections on every issue that comes before them.
SENATOR BERT STEDMAN remarked that the issue of cost savings can
be substantial and this gives cities more fiscal control.
CHAIR GARY STEVENS told Senator Guess he would come back to her
in awhile if she had more questions.
SENATOR JOHN COWDERY noticed that there was a change from 45 to
60 days and he wondered what had to be prepared within 60 days
of the election.
CHAIR GARY STEVENS told him everything that's associated with a
regular election has to be done including ballot preparation and
staff arrangements.
JOHN COWDERY asked if all polling stations would stay the same.
CHAIR GARY STEVENS said they would.
SENATOR GUESS asked what would happen if a petition was
certified 30 days before the regular election.
CHAIR GARY STEVENS read Section 1, but wasn't clear about her
question.
SENATOR LYMAN HOFFMAN said the language creates a disqualifying
window for petitions that are certified less than 60 days prior
to a regular election.
SENATOR COWDERY wasn't certain that he read Section 1 correctly.
CHAIR GARY STEVENS asked his staff whether he had clarification.
DOUG LETCH, staff to Senator Gary Stevens, said "it comes down
to local option that does exist that says that if you have a
more pressing matter that comes before the governing body they
do have that option of putting on a special election." He
thought the Kenai clerks might be able to elaborate.
CHAIR GARY STEVENS said a Ketchikan Gateway Borough
representative was online and might be able to answer the
question.
SCOTT BENDT-ERICKSEN, attorney with the Ketchikan Gateway
Borough, thanked the Chair for introducing the legislation and
said municipal attorneys and clerks support the bill and the
concept. He said he did have some specific suggestions and he
though he could answer some of the questions that were raised.
The reason for the change from 45 to 60 days is because
elections require pre-clearance from the Justice Department and
it would be difficult to complete the clearance in less than 60
days. With regard to Senator Guess's question, he said that if a
petition is certified less than 60 days prior to a regular
election, it could be as long as 14 months before that
initiative measure appears on the ballot.
MR. BENDT-ERICKSEN suggested changing the word "regular" on page
1, line 5 to "regular or special" or simply remove the word
"regular" to make it clear that there was an option.
He also suggested that if there isn't a regular election within
75 days of a petition being certified, there should be some
provision for the measure to be suspended until there is a vote
on the referendum petition.
The balance of Mr. Bendt-Ericksen's testimony was indiscernible.
CHAIR GARY STEVENS asked him to comment to the issue of voter
turnout in regular elections versus special elections.
MR. BENDT-ERICKSEN stated that special elections frequently have
half or less than half the turnout of regular elections.
SENATOR COWDERY noted that most of the language on line 6 was
not new but it was confusing nonetheless. He then asked what the
outer limit might be.
MR. BENDT-ERICKSEN replied the greatest length of time would be
about 14 months. If a petition weren't certified until 59 days
before the next regular election, it wouldn't go on that regular
election. It would go on the regular election one year later. A
special election could be called if the matter was pressing.
CHAIR GARY STEVENS restated the timeframe, which would be
between 60 days and 14 months and then made the point that a
local governing body could make the decision to have a special
election.
SENATOR GUESS asked which statute gives municipalities the local
option because it isn't contained in the bill.
MR. LETCH supplied, "Title 29, line [chapter] 60."
CHAIR GARY STEVENS asked Mr. Bendt-Ericksen to explain the issue
of referendums.
MR. BENDT-ERICKSEN explained that a referendum typically comes
about because someone wants to repeal or undo an action of a
governing body. He continued, " Under the current provisions, if
the referendum petition is submitted before the effective date
then the issue can be suspended until the vote. If the measure
has already gone into effect, then it's not suspended until
there is a vote on the issue."
CHAIR GARY STEVENS announced he would hold the bill to address
the issues that were raised.
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