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