Legislature(2005 - 2006)HOUSE FINANCE 519

03/24/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL TELECONFERENCED
Moved CSHB 190(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 266 VEHICLE WEIGHTS AND INSURANCE TELECONFERENCED
Moved CSHB 266(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 377 EXEMPTION: RES. BLDG. DRAWINGS & SPECS TELECONFERENCED
Moved CSHB 377(L&C) Out of Committee
-- Testimony <Invitation Only> --
+= SB 172 INITIATIVE/REFERENDUM BALLOT SUMMARY TELECONFERENCED
Moved HCS SB 172(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 278 RETIREMENT SYSTEM BONDS TELECONFERENCED
Moved CSHB 278(FIN) Out of Committee
-- Testimony <Invitation Only> --
SENATE BILL NO. 172                                                                                                           
                                                                                                                                
     An Act relating  to the presentation of  initiatives and                                                                   
     referenda on the ballot.                                                                                                   
                                                                                                                                
Vice Chair  Stoltze MOVED to  ADOPT work draft  #24-LS0859\U,                                                                   
Kurtz,  3/24/06,  as  the  version of  the  bill  before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
SUZANNE  CUNNINGHAM,   STAFF,  REPRESENTATIVE   KEVIN  MEYER,                                                                   
addressed   the   modifications   made   to   the   committee                                                                   
substitute.  There  are two essential changes  from the House                                                                   
Judiciary Committee (HJC) version.                                                                                              
                                                                                                                                
   · In the HJC version, there was a requirement that the                                                                       
     summary  be no  more than  100 words  for each  section.                                                                   
     The  House Finance  Committee  (HFC) substitute  reduces                                                                   
     that to 50 words per session.                                                                                              
   · The HFC version requires the Division of Elections to                                                                      
     prepare and publish a pamphlet  for the primary election                                                                   
     if  there  is an  initiative  that  will appear  on  the                                                                   
     ballot.   There is  already a  requirement in  State law                                                                   
     that the  Division of Elections  prepare a  pamphlet for                                                                   
     the  General  Election  ballot,   except  for,  in  that                                                                   
    description, the summary would be 50 words or less.                                                                         
                                                                                                                                
2:00:12 PM                                                                                                                    
                                                                                                                                
Representative   Hawker  asked   if  the  interpretation   as                                                                   
proposed  was  for the  100  words  and  was meant  for  each                                                                   
section  or the  entire bill.   Ms.  Cunningham replied  that                                                                   
when preparing  the summery,  the Division  of Elections,  in                                                                   
describing each  section of the  initiative, could use  up to                                                                   
50 words only.  There is no aggregate limit.                                                                                    
                                                                                                                                
ANNETTE  KREITZER,   CHIEF  OF  STAFF,  OFFICE   OF  THE  LT.                                                                   
GOVERNOR,  clarified that  would be  a technical  correction.                                                                   
It is the job  of the Lt. Governor to make  that description,                                                                   
not the Division of Elections.                                                                                                  
                                                                                                                                
2:01:54 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  asked  further  clarification.    Ms.                                                                   
Kreitzer reiterated  it was  clear to  their office,  that it                                                                   
would be 50 words or less per section.                                                                                          
                                                                                                                                
2:04:07 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer acknowledged concerns  but realized there must                                                                   
be a limit  to keep encouraging  citizens to vote.   The bill                                                                   
also requires  an information  pamphlet  sent out before  the                                                                   
election.                                                                                                                       
                                                                                                                                
Representative  Hawker  asked  if  that was  what  was  truly                                                                   
intended.   Ms.  Kreitzer stated  that  the Legislature  must                                                                   
make  the policy  call  and then  the  Lt.  Governor and  the                                                                   
Division of Elections will carry it out.                                                                                        
                                                                                                                                
2:05:30 PM                                                                                                                    
                                                                                                                                
JOE  BALASH, STAFF,  SENATOR  GENE THERRIAULT,  responded  to                                                                   
queries  by Representative  Hawker  noting  that the  sponsor                                                                   
supports the proposed approach.                                                                                                 
                                                                                                                                
Representative  Kelly asked  what other  states are  doing to                                                                   
address such concerns.  Mr. Balash  offered to research that.                                                                   
                                                                                                                                
Representative  Kelly indicated his  concern with  the fiscal                                                                   
note.                                                                                                                           
                                                                                                                                
Representative  Kerttula MOVED to  ADOPT Amendment #2.   Vice                                                                   
Chair Stoltze OBJECTED.                                                                                                         
                                                                                                                                
Representative  Kerttula noted  that she supported  including                                                                   
the  information  in  the  voter  pamphlet  as  voters  could                                                                   
actually take time  to read it.  The intent  of the amendment                                                                   
is to keep the  ballot the same as it currently  looks at 100                                                                   
words; she  did not  think voters would  actually read  a 50-                                                                   
word ballot.   The  amendment is meant  to leave  the 25-word                                                                   
title limit alone but limit the description to 100 words.                                                                       
                                                                                                                                
2:09:21 PM                                                                                                                    
                                                                                                                                
Mr. Balash commented that the  sponsor was satisfied with the                                                                   
product of the Committee.                                                                                                       
                                                                                                                                
Representative  Hawker worried  how  realistic the  amendment                                                                   
would be.   He thought  that the Lt.  Governor needs  to have                                                                   
the expanded  authority to  decide what  is contained  in the                                                                   
voter's pamphlet.  He did not support the amendment.                                                                            
                                                                                                                                
Representative  Kerttula explained  that her  concern is  the                                                                   
actual ballot.   Placing too many words on  the actual ballot                                                                   
is not good and the amendment could save money.                                                                                 
                                                                                                                                
Co-Chair Meyer  hoped that including  the information  in the                                                                   
pamphlet,  the voter  would then  be  able to  make the  most                                                                   
educated  voting decision.   Representative  Kerttula  agreed                                                                   
about the  pamphlet but  thought that  the extra language  on                                                                   
the ballot will make it more expensive and confusing.                                                                           
                                                                                                                                
2:12:44 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:      Kerttula, Moses, Weyhrauch                                                                                       
OPPOSED:       Kelly, Stoltze, Foster, Hawker, Meyer                                                                            
                                                                                                                                
Representative  Holm,   Representative  Joule   and  Co-Chair                                                                   
Chenault were not present for the vote.                                                                                         
                                                                                                                                
The MOTION FAILED (3-5).                                                                                                        
                                                                                                                                
2:14:28 PM                                                                                                                    
                                                                                                                                
Representative Kelly reiterated  concerns regarding how other                                                                   
states are addressing the concern.                                                                                              
                                                                                                                                
2:15:42 PM                                                                                                                    
                                                                                                                                
WHITNEY BREWSTER, DIRECTOR, DIVISION  OF ELECTIONS, OFFICE OF                                                                   
THE LT. GOVERNOR,  stated that the Municipality  of Anchorage                                                                   
has the  full language  on their ballot  and had  heard mixed                                                                   
reactions to that.                                                                                                              
                                                                                                                                
Representative Kelly hoped that  researched information could                                                                   
be brought  forward to the  House Rules Committee.   Co-Chair                                                                   
Meyer noted that Mr. Balash would research it.                                                                                  
                                                                                                                                
2:16:34 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  pointed out  that the  Lt. Governor  would be                                                                   
receiving  plenty  of latitude  with  up  to  50 words.    He                                                                   
pointed out the new fiscal note.                                                                                                
                                                                                                                                
Ms. Cunningham  advised that there had been  discussions with                                                                   
the Office of the Lt. Governor  and the Division of Elections                                                                   
regarding  the  changes  made   in  the  version  before  the                                                                   
Committee, particularly  the provision that requires  them to                                                                   
print a pamphlet.   If there was a need for  something on the                                                                   
general  election  ballot,  they prepared  a  cost  estimate,                                                                   
indicated  by  fiscal  note  dated   3/24/06,  itemizing  the                                                                   
contractual  costs.    Through  continuing  discussions,  the                                                                   
Division has "real concerns" regarding  the length of various                                                                   
initiatives that  may appear on the ballot.   She recommended                                                                   
both notes be moved with the bill:                                                                                              
                                                                                                                                
   ·    The one dated 2/10/06, Office of the Lt. Governor,                                                                      
        and                                                                                                                     
   ·    The new one proposed by the House Finance Committee.                                                                    
                                                                                                                                
Ms. Cunningham  believed the final  costs could  be rectified                                                                   
during the Conference Committee action.                                                                                         
                                                                                                                                
2:19:48 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer knew that the Lt.  Governor's office wanted to                                                                   
avoid  a supplemental  request.   Ms.  Kreitzer  acknowledged                                                                   
that  was correct.   She  appreciated  the Committee  working                                                                   
with their Office to avoid such action.                                                                                         
                                                                                                                                
2:20:23 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch appreciated the testimony.                                                                             
                                                                                                                                
Representative  Foster MOVED to  REPORT HCS  CS SB  172 (FIN)                                                                   
out  of Committee  with individual  recommendations and  with                                                                   
the accompanying  fiscal note.  There being  NO OBJECTION, it                                                                   
was so ordered.                                                                                                                 
                                                                                                                                
2:21:24 PM                                                                                                                    
                                                                                                                                
Ms. Cunningham  pointed  out that the  substitute adopted  by                                                                   
the Committee,  includes a  reference to election  pamphlets,                                                                   
which must  be incorporated  into the  title.   Consequently,                                                                   
there is an accompanying title change resolution.                                                                               
                                                                                                                                
Co-Chair  Meyer stated  that the  bill would  be passed  from                                                                   
Committee   including    the   accompanying    title   change                                                                   
resolution.                                                                                                                     
                                                                                                                                
HCS CS SB 172 (FIN) was reported  out of Committee with a "do                                                                   
pass"  recommendation,  with  two  new fiscal  notes  by  the                                                                   
Office of  the Lt. Governor  and the House Finance  Committee                                                                   
and with the accompanying title change resolution.                                                                              
                                                                                                                                
2:23:02 PM                                                                                                                    
                                                                                                                                

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