Proposal would let Legislature put bills on ballot

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Giving the Legislature power to order a statewide vote on proposed laws could encourage legislators to duck tough decisions, a lawmaker said, while lobbyists for schools and public employees were dubious about the idea.

The House's Constitutional Revision Committee on Wednesday debated a proposed constitutional amendment, offered by Rep. Rick Berg, R-Fargo, that would allow the Legislature to put selected bills to a public vote. The House will vote on the amendment later.

At present, the North Dakota Constitution allows only the public to put laws on the ballot by collecting initiative petition signatures. The Legislature may put proposed constitutional amendments to a statewide vote if both the House and Senate approve, but it lacks authority to do the same for other legislation.

At Wednesday's hearing, Berg said the power would be useful in deciding issues that rouse strong opinions among North Dakotans, such as smoking restrictions and the legal drinking age. A statewide vote carries more authority than legislative action in settling questions, he said.

Berg's proposed amendment says if North Dakotans approve a measure put on the ballot by the Legislature, it cannot be changed for seven years without two-thirds approval of both the House and Senate. The constitution already has an identical restriction for successful voter initiatives.

The proposal "has the potential to provide another opportunity to engage the people," Berg said. "I look at this as probably another step … where I believe the people would appreciate the connection that they would have with the Legislature."

Rep. Kari Conrad, D-Minot, said the change could tempt lawmakers to toss difficult issues to the voters. She compared it to voting "present," which is allowed in some state legislatures but is not an option in North Dakota. Lawmakers must either vote "yes" or "no" on bills and resolutions.

"This is where we could kind of say, 'We don't want to have to make a decision on this. Let's just put it to the people,'" Conrad said.

Stuart Savelkoul, director of the North Dakota Public Employees Association, said Berg's proposal could force voters to sort out contradictory measures.

If legislators want to put an issue on the ballot, they may do so already by organizing an initiative campaign themselves, Savelkoul said.

"The benefit of this bill … already exists," he said.

Greg Burns, a spokesman for the North Dakota Education Association, said the present citizen initiative and legislative procedures work well.

"I am still not persuaded that we need yet a third method to accomplish what these other two methods appear to be very good at," Burns said.

Dustin Gawrylow, director of the North Dakota Taxpayers Association, supported the proposal, saying the procedure would be another tool "to better engage public opinion on issues."

"It will create a public vote of confidence in the direction that the Legislature is moving," Gawrylow said.

Berg's proposed amendment is one of 20 that lawmakers have introduced in the 2009 Legislature. None of them have had final legislative approval, although the Senate on Wednesday endorsed one intended to strengthen the jurisdiction of North Dakota's small-claims court.

The amendment is HCR3055.

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