SB 146-MODIFIED BLANKET PRIMARY ELECTION  CHAIRMAN THERRIAULT said that the committee heard lengthy testimony on this bill in a previous hearing. He asked committee members to look on page 2, lines 5, 6 and 7 of the C version of the proposed committee substitute and find that language after "AS 15.25.012(b)" on line 5 and before "voter" on line 7, had been blacked out. It was his preference to adopt the modified language in the C version for the working document. The committee substitute (CS) is the result of his review of the document and eliminating extra findings and changing language referring to an open or blanket ballot to ballots. The blacked out language referred to ballots with restricted access. In section 3 it was clarified that a political party has a right, by its bylaws, to limit individuals who have access to their ballot. It was his intention to cull language that was not necessary and put together a framework upon which the regulations could be built. SENATOR PEARCE moved to adopt CSSB 146 Kurtz \C version dated 3/28/01 with the deletion of the language on page 2, lines 5 through 7. There was no objection. CHAIRMAN THERRIAULT asked Joe Balash to explain the proposed amendment. JOE BALASH, staff to the Senate State Affairs Committee, testified that Chairman Therriault and the bill drafter were trying to make sure that the number of ballots and which ballots are prepared is clear in the statute and that language removed in the original version did not interfere with that objective. A question arose about what happens with individuals that will be on the ballot by virtue of a petition. In 1995, the legislature passed a bill stating that all petition candidates will be placed on the primary ballot. Under AS 5.25.02(b), if a modified ballot is prepared, there is the potential for multiple ballots and Chairman Therriault wanted to make certain that those petition candidates would be placed on every ballot. In addition, whenever the legislature adjourns more than 90 days before the primary election, any ballot initiatives appear on the primary ballot as opposed to the general election ballot. They wanted to assure that all the questions from the initiative make it onto the ballot prepared for the primary. CHAIRMAN THERRIAULT asked whether there were any questions about amendment C.1 and there were none. He moved amendment 1 and it was adopted with no objection. Number 1159 SENATOR PHILLIPS said that he wanted to address a concern brought up in several constituent meetings about the fact that election workers have not had a raise in 20 years. He asked a Division of Elections' representative to explain the payment schedule. GAIL FENUMIAI, Election Program Specialist for the Division of Elections, said that Senator Phillips was correct in stating that election workers have not received a pay increase since their pay was put in regulation in 1982. The chairperson for a precinct is paid $8 per hour and the election workers are paid $7.50 per hour. There are other pay scales set out for absentee and question counting board members, state review board members, absentee voting officials and absentee voting officials who work at an absentee station. The division has been discussing the pay scale and has received numerous calls on the issue. They propose to raise the workers pay by $5 an hour. There would also be a review made after a certain number of years and the pay rate would be reevaluated at that time. Election workers throughout the northwest region of the state are paid from $9.50 an hour to $19.99 an hour. Election workers work hard for long hours and deserve a raise. CHAIRMAN THERRIAULT called attention to a note in the committee packets dated 3/28/01 at 10:59 and asked Senator Phillips to comment on the projected pay increase. SENATOR PHILLIPS said he asked the division to make recommendations. MS. FENUMIAI said that the division chose a $5 increase for all positions. The draft fiscal note is based on a $5 increase and reflects an increase of $76,600 in even numbered fiscal years in which regional education attendance area elections and coastal resource service area elections are conducted. In odd numbered fiscal years, in which primary, general, REAA and CRSA elections are held, the increase pay to workers would equal $464,000. CHAIRMAN THERRIAULT said that it is his preference to not put a pay raise in the bill. The finance committee will hear the bill and they are in a position to evaluate the affordability of the pay raise. He suggested that committee members convey their desire to see an increase but leave the particulars to that committee. SENATOR PEARCE asked for a reading of the last line of the fiscal note. MS. FENUMIAI read the following: "This fiscal note also reflects a pay increase for election workers. Election workers have not had a pay increase since 1982. The increased costs in FY02, FY04, and FY06 for election workers employed for the conduct of the REAA and CRSA elections is $76.6. The increased cost in FY03, FY05 and FY07 for election workers employed for the conduct of primary, general, REAA and CRSA elections is $464.0." SENATOR PEARCE asked if those amounts are just the increase. MS. FENUMIAI said yes, they are in addition to what is currently budgeted. SENATOR PEARCE asked the number of statewide election workers, the number of hours they generally work and whether overtime is paid. MS. FENUMIAI said approximately 2,500 workers work from 14 to 18 hours per day with no overtime because the job is for just one day and is not based on a 40-hour workweek. SENATOR PHILLIPS asked whether there is much interest in the raise. CHAIRMAN THERRIAULT said that most workers do so for reasons of civic responsibility rather than monetary compensation. He did not know whether a $5 per hour increase would change the motivation for those individuals but, since there has not been a raise in a length of time, he would like the finance committee to consider whether a raise is possible. SENATOR PHILLIPS asked whether they would send a letter to the finance committee. CHAIRMAN THERRIAULT said that, as chairman of the Senate State Affairs Committee, he would send a letter. He asked whether there were any other questions on the CS. There was some discussion of whether the legislature needed to do anything on the issue. He did receive a memo from Catherine Kurtz saying, "If the statute is not replaced with something else, there will be no clear statutory direction to the Division of Elections as to how the primary ballot should be prepared and distributed." If no action is taken this year there is the chance for action next year but the Division of Elections will be in turmoil about what they are expected to do and the entire issue will become a legal discussion between the political parties, the division and the court's interpretation. It is for that reason that he prepared the CS. He asked for other proposed amendments or questions from committee members. There were none. He asked for the will of the committee. SENATOR PEARCE moved CSSB 146 (STA) and original fiscal note from committee with individual recommendations. CHAIRMAN THERRIAULT said that before final action was taken, he wanted to ask MS. FENUMIAI about the fiscal impact to the division if there is no legislation passed this year. MS. FENUMIAI said if there was no statute in place for the primary election, she wasn't sure what route the division would take as to what rules to follow for the primary election. It is her assumption that if emergency regulations were required again they would probably find themselves in the same situation as during the last primary: they would have to ask for a supplemental request to cover additional costs. CHAIRMAN THERRIAULT asked whether there was objection to moving CSSB 146 (STA) with fiscal note dated 3/28/01. There was none.