SENATE BILL NO. 172 An Act relating to the presentation of initiatives and referenda on the ballot. 3:24:42 PM JOE BALASH, STAFF, SENATOR GENE THERRIAULT, addressed the bill. He noted that current law provides direction to the lieutenant governor to prepare both a ballot title and a summary for the election ballot. The summary must be "true and impartial" and is limited by the number of words allowed. There is a separate limitation for a ballot title. SB 172 began as a measure to increase the number of words in the title. As laws become more complex, more than six words are often needed to describe them. It became apparent that more words to describe the summary were also needed. He stated that the fiscal note was generated by the maximum allowable words per section, as set forth in the bill. Representative Hawker expressed a desire to discuss the fiscal note. WITNEY BREWSTER, DIRECTOR, DIVISION OF ELECTIONS, commented on the fiscal impact of the bill. She explained that the bill would make it likely that the Division of Elections would have to move to two ballots. She stated that the fiscal note reflects anticipated expenses for upcoming elections. She also noted that two initiatives would likely appear on the 2006 general election and primary ballots. 3:28:31 PM She noted that the division conducted a special election for the Municipality of Anchorage in 2004, which generated the figure to determine the cost for forty districts to have two ballots. She added that this could potentially increase to three ballots. Ms. Brewster pointed out that costs included hiring additional temporary employees, ballot shipping, postage, ballot translation into indigenous language, additional information in the election pamphlet, advertisement in the newspaper, and an increase in costs for archiving ballots after the election. She also noted that additional language on a ballot increases the time used in a voting booth to read the language. 3:31:22 PM Co-Chair Meyer opened the floor for public testimony. JOHN SHIVELY, HOLLAND AMERICA, ANCHORAGE, testified in support of the bill. He pointed out that initiatives pertaining to his industry could not be captured in 100 words. He suggested that as initiatives are becoming more complicated, more words are required on ballots. 3:33:08 PM Co-Chair Meyer CLOSED PUBLIC TESTIMONY. He stated his intention to hold the bill until conversations could be held with the Division of Elections, and to hold any amendments until that time. Representative Hawker raised questions regarding the fiscal note. He conceded that the trend of more complicated initiatives required some action, but expressed surprise at the extent of the fiscal note. Representative Hawker asked whether the fiscal note was generally correct. Mr. Balash noted that the sponsor's focus had been on the number of ballots required. Representative Hawker followed up by commenting on the size of the fiscal note. Mr. Balash stated that the sponsor did not question the assumptions of the fiscal note. 3:39:06 PM Representative Hawker asked whether a maximum of 500 words would be sufficient to describe even something as complicated as the cruise ship tax initiative. Mr. Balash recalled the previous year and the sponsor's concern about a very large bill with 129 words in the title. He speculated what would have happened if that bill was taken through a referendum process. He continued that it was difficult to describe the scope of such a large bill in few words. Representative Kerttula expressed concern that two pages on a ballot might make initiatives even more confusing. She also noted that it was more difficult to abridge than to expand a description. She suggested that it is a difficult issue. Representative Hawker asked for the sponsor's intentions on proceeding with the bill. Mr. Balash noted that his work with the bill had ended after leaving the Judiciary Committee, but he expressed openness to further suggestions. He referred to discussion with the Lieutenant Governor's office regarding the number of words per page. He referred to past ballots, such as those contained in the 2004 general election. He expressed concern from the sponsor that the type font not be reduced in order to accommodate the number of pages. 3:44:34 PM Representative Kerttula explained that Amendment #1 would allow for an attachment to a petition or referendum. She proposed that information be made available at the polling location, as opposed to having it contained on the actual ballot. Mr. Balash stated that the motivation of the sponsor is that the voters have the information. He asked how absentee ballots would be addressed. Representative Hawker recommended that for absentee ballots a check box could be included, or it could be printed in the official election pamphlet. 3:47:59 PM Mr. Balash thought those would be reasonable ideas for consideration. Representative Kelly asked about the $237,000 assumption. Mr. Balash said he understood the direction of the assumption, but preferred not to speak for the division. He asked if the division would speak to that. He noted that the sponsor accepted the assumption. Representative Kelly voiced concern about that. 3:50:07 PM ANNETTE KREITZER, CHIEF OF STAFF, OFFICE OF THE LIEUTENANT GOVERNOR, stated that there is no pamphlet during a primary election. She said that her office welcomes scrutiny on the fiscal note. She asked the director to not use the worse case scenario. Ms. Brewster commented on posting the language at the polling place. She said it is currently required by law and is posted in three locations in the polling place. She offered to answer questions associated with the note. 3:52:27 PM Co-Chair Chenault asked about the printing cost of $237,000. Ms. Brewster replied that it is a hard cost at .37 cents per ballot. The number of ballots printed in the 2004 general election was 642,000. Co-Chair Chenault asked why 642,000 ballots were printed. Ms. Brewster responded that the number included test ballots. The number is based on what was printed in the 2004 election. Co-Chair Chenault inquired how many people voted in that election. Ms. Brewster offered to provide that information. Co-Chair Chenault stated his intent to hold the bill to discuss the fiscal note costs. Ms. Brewster addressed solutions. She offered to provide an official election pamphlet, which would include all of the language and would provide a smaller note. 3:55:24 PM Co-Chair Chenault stated that would be discussed at the meeting. Representative Kerttula pointed out that the pamphlet would allow both sides to present their information. SB 210 was HELD in Committee for further consideration.