Legislature(2005 - 2006)FAHRENKAMP 203
01/26/2005 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB14 | |
| SB51 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 14 | TELECONFERENCED | |
| *+ | SB 51 | TELECONFERENCED | |
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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