03/04/2003 08:00 AM House STA
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ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 4, 2003
8:00 a.m.
MEMBERS PRESENT
Representative Bruce Weyhrauch, Chair
Representative Jim Holm, Vice Chair
Representative Nancy Dahlstrom
Representative Bob Lynn
Representative Paul Seaton
Representative Ethan Berkowitz
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 140
"An Act relating to benefits for retired teachers or employees
who participated in retirement incentive programs and are
subsequently reemployed as a commissioner; and providing for an
effective date."
- MOVED HB 140 OUT OF COMMITTEE
HOUSE BILL NO. 31
"An Act relating to initiative and referendum petitions; and
providing for an effective date."
- HEARD AND HELD
HOUSE JOINT RESOLUTION NO. 5
Proposing an amendment to the Constitution of the State of
Alaska relating to initiative and referendum petitions.
- HEARD AND HELD
PREVIOUS ACTION
BILL: HB 140
SHORT TITLE:BENEFITS FOR CERTAIN RIP PARTICIPANTS
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR
Jrn-Date Jrn-Page Action
02/28/03 0340 (H) READ THE FIRST TIME -
REFERRALS
02/28/03 0340 (H) STA
02/28/03 0340 (H) FN1: ZERO(ADM)
02/28/03 0340 (H) GOVERNOR'S TRANSMITTAL LETTER
02/28/03 0340 (H) REFERRED TO STATE AFFAIRS
03/04/03 (H) STA AT 8:00 AM CAPITOL 102
BILL: HB 31
SHORT TITLE:INITIATIVE/REFERENDUM PETITIONS
SPONSOR(S): REPRESENTATIVE(S)WILLIAMS
Jrn-Date Jrn-Page Action
01/21/03 0039 (H) PREFILE RELEASED (1/10/03)
01/21/03 0039 (H) READ THE FIRST TIME -
REFERRALS
01/21/03 0039 (H) STA, JUD
01/21/03 0039 (H) REFERRED TO STATE AFFAIRS
03/04/03 (H) STA AT 8:00 AM CAPITOL 102
BILL: HJR 5
SHORT TITLE:CONST AM: INITIATIVE/REFERENDUM PETITIONS
SPONSOR(S): REPRESENTATIVE(S)WILLIAMS
Jrn-Date Jrn-Page Action
01/21/03 0025 (H) PREFILE RELEASED (1/10/03)
01/21/03 0025 (H) READ THE FIRST TIME -
REFERRALS
01/21/03 0025 (H) STA, JUD, FIN
01/21/03 0025 (H) REFERRED TO STATE AFFAIRS
03/04/03 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
GUY BELL, Director
Division of Retirement & Benefits
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Presented HB 140.
TIM BARRY, Staff
to Representative Bill Williams
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the sponsor of HB 31
and the accompanying HJR 5.
ACTION NARRATIVE
TAPE 03-15, SIDE A
Number 0001
CHAIR BRUCE WEYHRAUCH called the House State Affairs Standing
Committee meeting to order at 8:00 a.m. Representatives Holm,
Dahlstrom, Lynn, Seaton, and Weyhrauch were present at the call
to order. Representatives Berkowitz and Gruenberg arrived as
the meeting was in progress.
HB 140-BENEFITS FOR CERTAIN RIP PARTICIPANTS
[Contains mention of HB 20]
Number 0030
CHAIR WEYHRAUCH announced that the first order of business was
HOUSE BILL NO. 140, "An Act relating to benefits for retired
teachers or employees who participated in retirement incentive
programs and are subsequently reemployed as a commissioner; and
providing for an effective date."
Number 0062
GUY BELL, Director, Division of Retirement & Benefits,
Department of Administration, noted that HB 140 is similar to
HB 20, which passed out of the House State Affairs Standing
Committee [as CSHB 20(STA) on February 18, 2003], but is
narrower in focus. It allows someone who has participated in a
state-sponsored retirement incentive program to return to state
employment for the specific purpose of becoming a commissioner
of a state agency. Highlighting the zero fiscal note, he
explained that there is no cost to the retirement system because
the full actuarial cost of the retirement incentive program was
paid at the time the person retired, by the employer and the
employee. He said there is no cost to the state, the Public
Employees' Retirement System (PERS), or the Teachers' Retirement
System (TRS).
CHAIR WEYHRAUCH ascertained that there were no questions from
the committee and nobody waiting to testify.
Number 0188
REPRESENTATIVE HOLM moved to report HB 140 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 140 was reported from the House
State Affairs Standing Committee.
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.]
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
8:20 a.m.
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