Legislature(1999 - 2000)
01/24/2000 01:44 PM Senate JUD
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HJR 7-CONST AM: INITIATIVE/REFERENDUM PETITIONS
HB 45-INITIATIVE/REFERENDUM PETITIONS
REPRESENTATIVE WILLIAMS, Sponsor of HJR 7 and HB 45, read the
following sponsor statement:
HJR 7 and HB 45 were introduced to ensure statewide
consideration and discussion of an initiative petition before
it is put on the ballot. The legislation requires signatures
equal to 10% of the ballots cast in the prior general election
(same as current law) and 4% of ballots cast from 30 of the 40
election districts.
In past elections the greatest support for initiatives has
come from one general area of the state, the Anchorage-MatSu
region. The legislation is intended to further statewide
discussion of an issue before it reaches the voters on
election day.
Alaska's population distribution is much different now than it
was when our Constitution was approved. Today, initiative
supporters can collect signatures in a limited area and get a
question on the ballot. The legislation will facilitate a
broader discussion of potential ballot questions, thus helping
to create a balanced question which considers effects on all
the citizens of Alaska.
As we write laws in the Capitol, many perspectives are taken
into account as issues are discussed through the committee
process. During this process healthy debate, from
representatives of all areas of the state, is conducted. This
healthy debate gives all members opportunity to see how their
lawmaking will affect areas that they do not represent.
Pertinent questions are asked and legislation is constantly
amended to take into account those concerns.
Currently, initiatives can be put onto the ballot with very
limited perspective. Constructive analysis of a question,
from a statewide perspective, does not currently occur. Right
now signatures equaling 10% of ballots cast is required. In
addition, initiative sponsors must obtain one signature from
27 districts. One signature from a district is hardly
representative of a district's opinion on an issue.
In closing, this legislation would get people from all over
the state more involved in the initiative process. This, in
turn, can create an atmosphere of healthy debate and ensure
questions which reach the ballot have a statewide perspective.
Number 1605
CHAIRMAN TAYLOR commented that the U.S. Supreme Court issued the
"Buckley" decision which changed some of the current statutory laws
concerning who can distribute an initiative, the type of
information on an initiative and the reporting requirements.
CHAIRMAN TAYLOR said he had been working with Representative
Williams' staff in getting Alaska law in compliance with the
supreme court decision.
Because no one on the committee has reviewed the new committee
substitute, Chairman Taylor announced the bill will be before the
committee again next week.
Number 1706
MR. PETE BUIST, Alaska Trappers Assn. and the Coalition for the
Alaskan Way of Life (CAL), stated that his organizations have seen
the common threat of "ballot box biology." Fighting reactive
campaigns against outside special interests is expensive and time
consuming. His organization supports HJR 7 in its original form,
along with some changes they have submitted. The current
initiative process makes it too easy to place an initiative on the
ballot, and he urges the committee to restore the original language
to HJR 7.
MR. DICK BISHOP, Alaska Outdoor Council (AOC), stated that AOC is
against "ballot box biology" regarding the management of fish and
wildlife. AOC advocates a constitutional amendment making fish and
wildlife issues ineligible for the initiative process. If the
legislature is unable to take this approach, AOC urges the
legislature to raise the number of petition signatures to 15% of
previous voters in each house district before the petition is
accepted.
MR. SCOTT KOHLHAAS, Libertarian Party of Alaska, stated he is
against HJR 7 and HB 45. HB 45 makes the first amendment right to
petition the government very difficult and he feels the initiative
process should be made easier and not more difficult.
MR. KEN JACOBUS, representing himself, stated there is no need for
a constitutional amendment because there is no problem now getting
information to the people. The entire process should not be harmed
to deal with one special interest group. He has sent a letter to
the committee and urges the members to read it.
CHAIRMAN TAYLOR commented the letter had not been received yet but
it would be distributed to committee members when it arrives.
Tape 00-2, Side B
MR. AL ANDERS, representing himself, stated the initiative process
is not a problem and does not need to be fixed. He feels the
process should be opened up more, and he is against HB 45 and HJR
7.
MR. BOB CROOM, SR., representing himself, stated he disagrees with
the 10% signature requirement because of the expense for rural
areas and the remoteness of much of Alaska.
MR. KEN JACOBUS stated he felt there needed to be changes in the
petition law. The provisions of the present law violate the U.S.
Constitution and need to be repealed. Removing the 30 day grace
period last year nearly killed the voluntary petition. This
almost guarantees that the only people who can petition are people
with money, and certain issues this year will not be on the ballot
because of the grace period. Another issue to be removed is the
dollar per signature limit, and public access also needs to be
reviewed.
CHAIRMAN TAYLOR acknowledged that the witnesses' comments would be
utilized on both HJR 7 and HB 45 because they are companion pieces
of legislation.
Number 1973
SENATOR ELLIS acknowledged that he agrees with Mr. Jacobus'
comments on both pieces of legislation and he will continue to
argue against restricting peoples' rights to petition the
government. The statutes from the federal case need to be cleared
up separately from this legislation.
SENATOR TORGERSON stated he agrees with both sides of the issue,
and a balance needs to be found so the process will not be too
restrictive.
CHAIRMAN TAYLOR wants to see "Buckley" utilized to clean up the
statutes and to create a clear understanding of the process.
Representative Williams' amendment may have to list fish and game
matters as ineligible for initiative action.
SENATOR ELLIS asked the Chairman for a preview of the committee
substitute.
CHAIRMAN TAYLOR said he has asked the legal drafter to work with
Representative Williams to integrate the changes that are necessary
under "Buckley."
Number 1719
MR. DICK COOSE, representing himself, stated he supports HJR 7 and
HB 45. Mr. Coose encouraged the committee members to read Undo
Influence by Ron Arnold. He wants outside influences stopped and
he feels this legislation will help.
MR. GABE SAM, Director of Wildlife and Parks for the Tanana
Chiefs Conference, read from a resolution by the Board of
Directors.
Resolution 99-19
Wildlife Management By Ballot Initiative
WHEREAS, in recent years wildlife management issues have been
brought to the voters by way of Ballot Initiatives,
which do not incorporate good science, but rely on
emotion driven by a few pictures or video clips and
allow the money to be spent on advertising; and
WHEREAS, rural residents would lose important opportunities to
provide subsistence food or cash economy by loss of an issue in
an election; and
WHEREAS, the management of fish and game resources is best left
to the professionals on a Federal Subsistence Board,
the Department of Fish and Game and the State Board of
Game; and
WHEREAS, there is a constitutional amendment (HJR 7) sponsored
by Representative Williams that would require 15% of
past voters' signatures in 3/4 of the State's election
districts for an issue to be certified for ballot
initiatives; and
WHEREAS, there is also a constitutional amendment resolution
(HJR 3) sponsored by Representative Bunde of Anchorage
that would require a 2/3 majority for any wildlife
management issue to pass by initiative.
NOW THEREFORE BE IT RESOLVED that the Tanana Chiefs Board of
Directors urges TCC staff to work in opposition to
wildlife management by ballot initiative, and to
support HJR 3 and 7 that would restrict the ability of
such issues to come to the voters.
This resolution was submitted by the McGrath Native Village
Council, last year, at their annual convention.
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