Legislature(2005 - 2006)BELTZ 211
04/19/2005 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing | |
| SB172 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 172 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 19, 2005
3:36 p.m.
MEMBERS PRESENT
Senator Gene Therriault, Chair
Senator Thomas Wagoner, Vice Chair
Senator Charlie Huggins
Senator Bettye Davis
MEMBERS ABSENT
Senator Kim Elton
COMMITTEE CALENDAR
Confirmation Hearings:
State Commission for Human Rights: M. Chris Hayes, Barbara J.
(Tamie) Miller, Randy H. Eledge, Lester C. Lunceford
CONFIRMATIONS ADVANCED
SENATE BILL NO. 172
"An Act relating to the presentation of initiatives and
referenda on the ballot."
MOVED SB 172 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 172
SHORT TITLE: INITIATIVE/REFERENDUM BALLOT SUMMARY
SPONSOR(s): SENATOR(s) THERRIAULT
04/13/05 (S) READ THE FIRST TIME - REFERRALS
04/13/05 (S) STA
04/19/05 (S) STA AT 3:30 PM BELTZ 211
WITNESS REGISTER
BARBARA (TAMIE) J. MILLER
Human Rights Commission
800 A Street, Suite 204
Anchorage, AK 99501-3669
POSITION STATEMENT: Human Rights Commission Confirmation
Candidate
RANDY H. ELEDGE
Human Rights Commission
800 A Street, Suite 204
Anchorage, AK 99501-3669
POSITION STATEMENT: Human Rights Commission Confirmation
Candidate
M. CHRIS HAYES
Human Rights Commission
800 A Street, Suite 204
Anchorage, AK 99501-3669
POSITION STATEMENT: Human Rights Commission Confirmation
Candidate
LESTER C. LUNCEFORD
Human Rights Commission
800 A Street, Suite 204
Anchorage, AK 99501-3669
POSITION STATEMENT: Human Rights Commission Confirmation
Candidate
JOE BALASH,
Staff to Senator Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 172
ACTION NARRATIVE
CHAIR GENE THERRIAULT called the Senate State Affairs Standing
Committee meeting to order at 3:36:25 PM. Present were Senators
Wagoner, Huggins, Davis and Chair Therriault.
^CONFIRMATION HEARING
CONFIRMATION HEARINGS
CHAIR GENE THERRIAULT opened the confirmation hearings for
appointments to the Alaska Commission for Human Rights.
3:37:07 PM
The previous link contains an interview by the Senate State
Affairs Committee of Barbara (Tamie) J. Miller who was up for
initial appointment to the Alaska Commission for Human Rights.
3:41:54 PM
The previous link contains an interview by the Senate State
Affairs Committee of Randy H. Eledge who was up for initial
appointment to the Alaska Commission for Human Rights.
3:44:06 PM
The previous link contains an interview by the Senate State
Affairs Committee of M. Chris Hayes who was up for initial
appointment to the Alaska Commission for Human Rights.
3:46:45 PM
The previous link contains an interview by the Senate State
Affairs Committee of Lester C. Lunceford who was up for
reappointment to the Alaska Commission for Human Rights.
3:48:49 PM
CHAIR THERRIAULT informed the nominees that the interviews were
brief because he hadn't heard any concerns expressed. He asked
for a motion.
SENATOR WAGONER motioned to report the names of Chris Hayes,
Barbara Miller Randy Eledge, and Lester Lunceford forward to the
full body for confirmation.
CHAIR THERRIAULT announced that without objection the names
would be forwarded for consideration at a joint session.
He called an at ease from 3:49:47 PM to 3:53:31 PM.
SB 172-INITIATIVE/REFERENDUM BALLOT SUMMARY
3:53:33 PM
SENATOR GENE THERRIAULT announced SB 172 to be up for
consideration.
JOE BALASH, Staff to Senator Therriault, explained SB 172 deals
with the presentation of an initiative or a referendum and
specifically how the language would appear on the ballot.
Current statute provides that the title of an initiative or
referenda ballot question must be no more than six words. In
addition there is a word limitation on the summary. Looking at
some of the initiatives that have been filed with the Division
of Elections it is apparent that they are becoming more
sophisticated in the nuance of what they do, which makes it more
difficult to stay within the six word limitation. SB 172
proposes to increase the number of words to a maximum of 25.
Allowing the Lieutenant Governor up to 25 words for the ballot
title would provide opportunity for a more accurate description
of the contents of the proposed law or the contents of a piece
of legislation that is repealed or up for repeal by means of a
referendum.
CHAIR THERRIAULT asked him to read the titles of some of the
documents he reviewed.
MR. BALASH read from a petition submitted on April 6, 2004: "An
initiative requiring the State of Alaska to vote on an act
providing children and their families specific rights when
children are in the custody of State Children's Services."
Another example was: "An initiative requiring seventy-five
percent legislative majority or voter approval to impose new
taxes or increase existing taxes, prohibiting real estate
transfer taxes and providing for certain local options."
Distilling either to just six words would be a challenge so this
is an effort to try and make sure that voters have a fair
understanding of what they are voting on.
CHAIR THERRIAULT asked if all six words have always been used
because his concern and reason for introducing the bill relates
to the quip that politics is boiled down to a bumper sticker.
The six-word limitation seems to lend the initiative process to
that quip, but it would be more beneficial to the voter to have
something that is more descriptive so they can better understand
what is encapsulated.
He asked Mr. Balash if he had reviewed issues from recent
ballots.
MR. BALASH replied in the 2004 general election there was the
temporary appointment of a U.S. Senator, which was easy to
describe and therefore not an issue. However, prohibiting bear
baiting or feeding was more problematic because the issue was
more complex than a simple prohibition. The issue of crimes and
penalties was involved and went far beyond the practice of bear
baiting.
In 2002 the issue of moving the legislative session to a
different location was complicated because it called for a
temporary move to Anchorage followed by a permanent move to Mat-
Su.
A current issue that has the potential for a referenda is SB
141, the PERS/TRS issue. The bill contains 102 pages and the
title doesn't even fit on one page. Clearly there is an
organized group that could mount a referendum challenge.
Another has to do with the duties of the Department of Health
and Social Services (DHSS) on public health and public health
emergencies and disasters. The Alaska Civil Liberties Union
(AkCLU) has raised issues and it's an organized group that might
be willing to make some sort of effort. That title is nine lines
long.
Clearly the issues are becoming more complex and that's
particularly true with the more controversial issues. Therefore,
the suggestion is to allow wider latitude.
CHAIR THERRIAULT questioned what level of authority the
lieutenant governor would have to allow for description without
imposing advocacy in titles.
MR. BALASH replied the statute requires that the title indicate
the general subject of the proposition. It doesn't give
authority to move one way or the other. He suggested that it's
likely that a group would be territorial with regard to the
impartiality granted by the lieutenant governor in the ballot
title if it made the effort to get the issue on the ballot. It's
likely the group would be willing to go to court over that.
CHAIR THERRIAULT asked if he had conversations with the Division
of Elections or the Lieutenant Governor's Office over how they
might construe to give the general subject and prevent either
side from entering into advocacy.
MR. BALASH replied the conversation he had with the Lieutenant
Governor's Office was to clarify that there would not be a
requirement that a title contain 25 words. He hadn't been
successful in discussing the issue with the director of the
Division of Elections but he wasn't sure that they had any
concerns that hadn't been addressed.
4:03:42 PM
SENATOR THOMAS WAGONER made the statement that he likes the
proposition. The easier a proposition is to read and understand
the better off you are.
CHAIR THERRIAULT said those who propose initiatives have to
strike a balance between length for description and brevity to
maintain the reader's attention. You're more likely to vote no
if don't understand what you read.
4:04:59 PM
CHAIR THERRIAULT noted Annette Kreitzer from the Lieutenant
Governors Office was available for questions.
CHAIR THERRIAULT mentioned the one zero fiscal note and asked
for the will of the committee.
4:05:22 PM
SENATOR WAGONER motioned to report SB 172 and attached fiscal
note from committee with individual recommendations.
CHAIR THERRIAULT announced that without objection SB 172 would
be forwarded to the next committee of referral.
There being no further business to come before the committee,
Chair Therriault adjourned the meeting at 4:05:31 PM
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