03/29/1999 01:40 PM House FIN

HOUSE BILL NO. 45                                                                                                               
                                                                                                                                
"An Act relating to initiative and referendum                                                                                   
petitions; and providing for an effective date."                                                                                
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 7                                                                                                    
                                                                                                                                
Proposing an amendment to the Constitution of the State                                                                         
of Alaska relating to initiative and referendum                                                                                 
petitions.                                                                                                                      
                                                                                                                                
REPRESENTATIIVE BILL WILLIAMS stated that HJR 7 and its                                                                         
companion measure HB 45, were introduced to ensure statewide                                                                    
support of an issue prior to it being put before the voters.                                                                    
                                                                                                                                
The legislation would require signatures from 10% of those                                                                      
who voted in the preceding general election in at least 75%                                                                     
of the house districts for a question to reach the ballot.                                                                      
It would require signatures from 10% of the total number of                                                                     
voters in the prior election.                                                                                                   
                                                                                                                                
Representative Williams noted, currently, because of the                                                                        
population dispersal, initiative sponsors could easily                                                                          
gather the required signatures from a single area of the                                                                        
State.  The current system does not require a statewide                                                                         
perspective in determining which topics will appear on the                                                                      
ballot as amendments to State law.                                                                                              
                                                                                                                                
Co-Chair Therriault clarified the manner in which the two                                                                       
pieces of legislation would work together.  He pointed out                                                                      
that signing up for the signature process would be 10% of                                                                       
the past and previous vote and that those voters would                                                                          
represent 3/4 of the House election districts.  He argued                                                                       
that such a system could be "extra" complicated.                                                                                
                                                                                                                                
Representative Grussendorf suggested that HJR 7 had the                                                                         
greatest merit of the three resolutions before the                                                                              
Committee's consideration, however, he voiced concerned with                                                                    
the 10% calculation.  Representative Williams advised that                                                                      
he had originally recommended 15%, and that in the House                                                                        
State Affairs Committee, it was changed to 10%.                                                                                 
                                                                                                                                
Representative J. Davies spoke to the significance of the                                                                       
proposed increase.  He questioned how large the bar would                                                                       
need to be to require 10% in each of the 3/4 (30) voting                                                                        
districts.  He emphasized that it would be a substantial                                                                        
change and questioned if it could wipe out the referendum-                                                                      
initiative process.  Representative Williams referenced the                                                                     
handout "Districts" in member's packets, which illustrates                                                                      
how many voters turned out in the last election and what the                                                                    
10% percentage amount would be for each district.  [Copy on                                                                     
File].                                                                                                                          
                                                                                                                                
Representative Williams believed that telecommunications                                                                        
would make it easier to access the signatures.                                                                                  
Representative J. Davies explained that a person would need                                                                     
to be "physically" in each district to collect the                                                                              
signatures.  He reemphasized how large of a change this                                                                         
would be.  Representative J. Davies suggested that lowering                                                                     
the percentage would make it easier than implementing it in                                                                     
electoral districts. He believed that there could be better                                                                     
ways to assure a more broad base input.                                                                                         
                                                                                                                                
Co-Chair Therriault wondered if during the initial                                                                              
constitutional debate, it had been envisioned that the 2/3                                                                      
count would be taken from one or two districts, or had it                                                                       
been intended that the count would be evenly distributed                                                                        
throughout the State.  Representative Williams explained                                                                        
that the problem had arisen as communication resources                                                                          
available today were not understood at that time.  Co-Chair                                                                     
Therriault asked what prompted the determination to move                                                                        
from 2/3 to 3/4 and, additionally, add the 10% to each                                                                          
district.  Representative Williams stated that it would                                                                         
provide a better statewide perspective.                                                                                         
                                                                                                                                
(Tape Change HFC 99 - 55, Side 2).                                                                                              
                                                                                                                                
Co-Chair Therriault inquired if most initiatives acquiring                                                                      
signatures were currently being taken in Anchorage.                                                                             
                                                                                                                                
Representative Grussendorf suggested that this legislation                                                                      
could create problems for the "grass root" ideas which would                                                                    
not have the financial resources needed to wage a petition                                                                      
throughout the State.  Co-Chair Therriault agreed,                                                                              
commenting that a well-financed group would be able to                                                                          
better place an initiative because of their resources.                                                                          
                                                                                                                                
Representative Foster referenced back-up material from the                                                                      
original Constitutional Convention at which time, present                                                                       
day rural concerns were addressed.  He emphasized that                                                                          
material, when written, was protective of the Bush areas.                                                                       
[Copy on File].                                                                                                                 
                                                                                                                                
Representative Bunde asked if HJR 7 would meet the criteria                                                                     
established in Brooks vs. Wright case.  Mr. Utermohle stated                                                                    
that he had not been involved in the drafting of                                                                                
Representative William's resolution and was not familiar                                                                        
with the issues underlining it.  However, he believed that                                                                      
it would not constitute a revision.                                                                                             
                                                                                                                                
Co-Chair Therriault pointed out that the resolution was                                                                         
specific to the initiative process.  Representative J.                                                                          
Davies disagreed, reiterating that it was making a "sweeping                                                                    
change" to the current procedure.  The process before had no                                                                    
limitation on the percentage of votes taken per district.                                                                       
                                                                                                                                
HB 45 and HJR 7 were HELD in Committee for further                                                                              
consideration.