×

Fixing flaws

Initiated measure study aimed at improving process

Jill Schramm/MDN Sen. Karen Krebsbach, right, speaks to the crowd at the Chamber of Commerce’s legislative forum in Minot Saturday as Rep. Larry Bellew and Jim Hatlelid listen at left.

North Dakota’s initiated measure process shouldn’t be for sale to wealthy out-of-state interests, nor should measures overwhelm voters with their complexity, Sen. David Hogue told the crowd at the Minot Area Chamber of Commerce legislative forum Saturday.

Hogue spoke about his legislation, Senate Bill 2135, which would set up a committee to study the state’s initiated and referred measure processes. The bill, and flood protection funding, were among topics of interest addressed at the chamber’s first forum of the legislative session.

SB 2135 received its first committee hearing Friday. The bill would establish a review committee chaired by the chief justice of the Supreme Court and consisting of representatives of the Legislature, governor’s office, North Dakota Newspaper Association, Farm Bureau, Farmers Union and North Dakota Chamber of Commerce. Hogue said other groups, such as labor and tribes, also are interested in being represented on the review committee.

“The intent behind the committee is to have an interim study of our process because a lot of people believe, including myself, that the process has some weaknesses and vulnerabilities,” he said. He cited Marsy’s Law, a 2016 initiated measure funded by an out-of-state individual who placed similar measures on ballots in several states.

“If we want to have our self government – and the initiated measure process is part of self government – we want to look at that, because wealthy people with strong ideas aren’t going to go away,” Hogue said. He noted someone with enough money can employ an agency to prepare a ballot measure and hire people to collect signatures, then pay for extensive advertising.

“They will put a North Dakota face on it and they will pitch it to the public at the ballot box. So regardless of how you feel about Marsy’s Law, the idea that it is not part of a grassroots movement from within our state is disturbing to a lot of people,” he said.

He also cited the medical marijuana bill as an example of another weakness in the process. The 34-page measure was summarized in three sentences on the ballot. There’s no limit on how much can be placed in a measure and no way to amend that measure, he said.

“To me that’s just an inferior way of governing. In the Legislature, we study bills. We make amendments. We propose changes. We debate them,” Hogue said. “Maybe they should describe what they want to accomplish and direct the Legislature to implement that.”

The committee also should look at balloting fraud issues that the state hasn’t been addressing, including an incident in which petition circulators forged signatures, he said.

“We have had issues with the number of measures. In one election cycle, we had eight or nine measures on the ballot. There’s feeling out there that that’s voter fatigue. How can you reasonably expect voters as a group to know all the candidates, and then eight or nine measures?” Hogue said.

Rather than having the Legislature try to fix all these issues, Hogue said a committee representing the grassroots should see if it can formulate a better policy.

Sen. Oley Larsen, vice chairman of the Senate Human Services Committee, said a joint committee of the House and Senate meets Monday to determine how to implement the new medical marijuana law approved as an initiated measure. He said his committee was able to find $2.5 million in cost savings already during the session, but it appears that savings will be sucked up by expenses associated with medical marijuana implementation.

Legislators are looking at a need to hire about 17 new people in the health department.

“This measure that passed is a huge, huge piece of legislation. We just can’t fix it in a week or 80 days. It’s big,” Larsen said.

Another bill that will be significant for Minot is a State Water Commission bill carrying funding for flood protection in the Souris River Basin and the Northwest Area Water Supply project. The projects are competing for funding that is far less than in recent bienniums due to reduced oil tax revenues.

“We are going to do our best to get the money for flood protection,” said Sen. Karen Krebsbach. “We also have to keep in mind that we have to keep working on NAWS.”

Former Gov. Jack Dalrymple proposed spending $70 million for Souris Basin flood protection, which is less than the $127 million the Souris River Joint Board is requesting.

Krebsbach said she would like to see at least $110 million for Souris River flood protection and supported bonding if necessary.

“I think that’s OK to bond. They are long-time projects,” she said.

Hogue also spoke in support of bonding. Flood protection is a long-term project, and over time, costs are likely to rise, he said. Rising costs associated with waiting will more than counter any additional costs associated with going ahead now with bonding, he said.

Other legislators attending the first legislative forum of the session were Sen. Randy Burckhard, Rep. Andrew Maragos and Rep. Larry Bellew, who is serving as House Speaker. The next forum will be Jan. 28 at 9 a.m. in the North Dakota State Fair Center.

Jill Schramm/MDN Sen. Karen Krebsbach, right, speaks to the crowd at the Chamber of Commerce's legislative forum in Minot Saturday as Rep. Larry Bellew and Jim Hatlelid listen at left. Jill Schramm/MDN Sen. Oley Larsen addresses Minot-area residents at a Chamber of Commerce legislative forum Saturday.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

Starting at $4.62/week.

Subscribe Today