Legislature(1993 - 1994)
01/23/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HJR 8: USE OF INITIATIVE TO AMEND CONSTITUTION CHAIRMAN VEZEY read the title of HJR 1, and opened discussion on HJR 1 and HJR 8. Number 040 REPRESENTATIVE HARLEY OLBERG, CO-SPONSOR OF HJR 8, stated he was a fan of the initiative process and that he did not fear the people. Alaska was unique because of the Permanent Fund, he said, and until the question regarding the Permanent Fund Dividend was answered he could not support either HJR 1 or HJR 8. Number 057 CHAIRMAN VEZEY referred to the National Conference of State Legislators' (NCSL) summary of nineteen states which have provisions in their Constitution to amend by the initiative process. He said that all nineteen states had a simple majority with restrictions on subjects that could be brought by initiative. He defined the differences with simple or super majority. Number 137 REPRESENTATIVE GARY DAVIS stated that the preparation of the wording on the ballot should be addressed. He was also concerned that the wording be simple and not misleading. Number 157 REPRESENTATIVE TERRY MARTIN stated that the public needed to know what they were voting on. The Department of Law would help with the wording. Advice would be given regarding the constitutionality of what was stated. The Judiciary Committee and the Division of Elections would review and help prepare the sample ballot, he added. Number 200 CHAIRMAN VEZEY summarized Representative Martin's testimony and clarified that the Department of Law was the Attorney General's Office. Number 220 REPRESENTATIVE MARTIN stated there were checks and balances to the wording, and that the legislature would review the ballot wording. Number 240 REPRESENTATIVE PETE KOTT shared concerns regarding the Permanent Fund Dividend and other funds. He asked if there could be an amendment to allow voters to amend the Constitution with the exception of various funds. Number 254 CHAIRMAN VEZEY made reference to the NCSL report of states that restricted specific subjects. Number 270 REPRESENTATIVE MARTIN stated that the NCSL inspired him. He referenced the support by the American Bar Association. A limit or restrictions from opening appropriations to the public could be done within the Constitution's framework, he said. He reminded the committee that the Constitution was the voice of the people. Number 341 CHAIRMAN VEZEY made reference to statutes directing appropriations. Number 357 REPRESENTATIVE MARTIN said the public should have the right to use the initiative process yet with restrictions of criteria that could be changed. Number 365 REPRESENTATIVE OLBERG shared concern that the public could use the initiative process to get a $25,000 check for each person and dissolve the Permanent Fund. With that much money on the plate they would find a way, he said Number 370 CHAIRMAN VEZEY reviewed the process to initiate a referendum. Number 394 REPRESENTATIVE MARTIN also reviewed the initiative process and the difficulty to follow through before it was placed on the ballot. Number 432 REPRESENTATIVE G. DAVIS discussed that regulations were written from bills that the public had to comply with.
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