HB 155 - MUNICIPAL ASSEMBLY APPORTIONMENT CHAIRMAN KOTT announced the next order of business is HB 155, "An Act relating to municipal assembly forms of representation and apportionment." Number 0190 REPRESENTATIVE HAROLD SMALLEY, Alaska State Legislature, came before the committee as sponsor of the bill. He noted that Linda Murphy may be on-line as clerk of the Kenai Peninsula School District [Kenai Peninsula Borough]. He explained that she contacted him and suggested legislation that would allow flexibility for boroughs and municipalities across the state regarding elections in times of reapportionment and boundary lines. He noted that there are conflicts and confusion, especially on the Kenai Peninsula. In some precincts there are four different assembly positions. This bill would allow the flexibility to follow existing policy or to wait until such time the state has drawn the boundary lines. He noted to the committee members that there is a sectional analysis in the bill packet. The big change is in Section 3, which allows for the flexibility. The new language reads, "The assembly may provide, by ordinance, for a change in an existing apportionment of the assembly whenever a final state redistricting plan is changed as a result of federal or court action." Hopefully, by allowing boroughs to wait there would be fewer challenges to ballots, and a lot less confusion in regards to whether or not a voter is in the right precinct. Number 0393 CHAIRMAN KOTT noted that the bill had a previous committee of referral - House Community and Regional Affairs - with six "due passes." Number 0408 REPRESENTATIVE ROKEBERG noted that there are a number of people on the Kenai Peninsula lined up to testify. He asked Representative Smalley whether there is a particular problem there regarding this issue. Number 0418 REPRESENTATIVE SMALLEY replied Ms. Murphy can probably answer that question better. There have been some difficulties in the past, and the potential is even greater because there are at least four assembly seats in the area with different boundary lines. Number 0448 REPRESENTATIVE JAMES noted that there is area-wide representation in the Fairbanks North Star Borough. She asked Representative Smalley what is the positive effect of having district representation for the assembly seats. REPRESENTATIVE SMALLEY replied Ms. Murphy can probably answer that question better. It's a direction that the borough chose some time ago. It is done with the school board and assembly seats. It has to do with community members feeling that they are better represented. REPRESENTATIVE SMALLEY noted that the council seats for the city of Kenai are basically open, but the assembly and school board seats are apportioned. Number 0518 CHAIRMAN KOTT opened the meeting to public testimony. Number 0533 LINDA MURPHY, Borough Clerk, Kenai Peninsula Borough, testified via teleconference from Utah. She informed the committee that Representative Smalley drafted HB 155 per her request. Under current state law, boroughs with district assembly seats must present the voters with a reapportionment plan prior to the time the state reveals its plan. When the state reapportions, the state's voter precinct lines are shifted and changed. Ms. Murphy explained that it is easier for areas with district seats to have the area's assembly lines follow state precinct lines because then the voter only has one ballot. Currently, there is no way of knowing where the state's voter precinct lines will fall. As mentioned, one precinct in the Kenai Peninsula Borough contains portions of four different assembly seats. Such a situation is confusing for the volunteer election workers, for qualifying someone to run for a district seat, and for absentee ballot requests in those precincts. This legislation would provide the borough with the flexibility to present its redistricting plan to the voters after the state has done reapportionment. She urged the committee to pass HB 155. REPRESENTATIVE ROKEBERG pointed out that Section 4, of existing statute, says that the ordinance will be submitted to the voters. He asked whether the voters have to ratify the reapportionment plan under the existing statute. MS. MURPHY replied yes. REPRESENTATIVE ROKEBERG asked whether there is anything in statute that mandates that there "shall" be a reapportionment. MS. MURPHY clarified that Representative Rokeberg was referring to Section 3, which does not deal with the initial reapportionment after the decennial census. Once the state adopts a plan, the state's plan must be cleared by the Department of Justice in Washington, D.C. because Alaska falls under the Federal Voting Rights Act. Therefore, the state's adopted plan could be changed by the federal government or challenged in court by anyone in the state. If an area adopts a plan based on the state's plan, which is subsequently overturned or changed by the federal government or the court, that area would be able to revise the plan and present the voters with a new plan based on the new lines for the state. The current state law only allows boroughs to present a new plan to the voters if the borough determines that apportionment does not meet state standards. CHAIRMAN KOTT closed the meeting to public testimony. Number 0873 REPRESENTATIVE GREEN moved to report HB 155 out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, HB 155 was so moved from the House Judiciary Standing Committee.