Legislature(1999 - 2000)

1999-04-22 House Journal

Full Journal pdf

1999-04-22                     House Journal                      Page 0917
SB 99                                                                        
The following, which had been held to today's calendar (page 902),             
was read the second time:                                                      

1999-04-22                     House Journal                      Page 0918
SB 99                                                                        
CS FOR SENATE BILL NO. 99(FIN)                                                
"An Act to clarify the meaning of 'decennial census of the United             
States' in art. VI, Constitution of the State of Alaska, to prevent            
discrimination in the redistricting of the house of representatives            
and the senate, and to prohibit expenditures of public funds for               
population surveys or sampling for certain purposes relating to                
legislative redistricting without an appropriation."                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  HCS(JUD) NT 3DP 1DNP 1NR                                 791         
	SENATE ZERO FN (S.FIN/LAW) 3/22/99                                792         
                                                                               
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 99(JUD)                                   
"An Act providing for preparation for redistricting before                    
appointment of the Redistricting Board; relating to preclearance               
under the Voting Rights Act of 1965, as amended; clarifying the                
meaning of 'decennial census of the United States' in art. VI,                 
Constitution of the State of Alaska; prohibiting discrimination and            
use of census numbers that are estimates or that have been                     
adjusted based on sampling in the redistricting of the house of                
representatives and the senate; and prohibiting expenditures of                
public funds for population surveys or sampling for certain                    
purposes relating to legislative redistricting without an                      
appropriation."                                                                
                                                                               
	(new title pending authorization by HCR 7)                                    
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 3, line 28, following "residency":                                        
	Insert ", except where the Board determines that the official 	               
decennial census of the United States has                                      
		(1) under-counted a racial or linguistic minority; or                       
		(2) over-counted military or civilian populations not 	                     

1999-04-22                     House Journal                      Page 0919
SB 99                                                                        
eligible to vote in Alaska State elections because of their non-	             
resident status; and                                                           
		(3) such under-counting or over-counting will result in the                 
regression of voting strength of a racial or linguistic minority"              
                                                                               
Page 4, line 3, following "purpose":                                           
	Insert ", except under circumstances where such procedures are                
	permitted in AS 15.10.200(b)"                                                 
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Green objected.                                                 
                                                                               
**The presence of Representative Therriault was noted.                         
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 99(JUD)                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  16   NAYS:  21   EXCUSED:  1   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf,            
Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan,                    
Smalley, Williams                                                              
                                                                               
Nays:  Austerman, Barnes, Bunde, Coghill, Cowdery, Dyson, Foster,              
Green, Halcro, Harris, James, Kohring, Kott, Mulder, Murkowski,                
Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker                         
                                                                               
Excused:  Masek                                                                
                                                                               
Absent:  Moses, Sanders                                                        
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Green:                           

1999-04-22                     House Journal                      Page 0920
SB 99                                                                        
Page 1, line 3, following "amended" (title amendment):                       
	Insert ", and legal representation of the state in matters                   
concerning redistricting"                                                     
                                                                               
Page 1, line 4 (title amendment):                                              
	Delete "prohibiting discrimination and use"                                 
	Insert "relating to adjustment"                                             
                                                                               
Page 1, line 5 (title amendment):                                              
	Delete "that are estimates or that have been adjusted based on"             
	Insert "by using estimates, population surveys, or"                         
                                                                               
Page 1, line 8, following "appropriation" (title amendment):                 
	Insert "; and providing for an effective date"                              
                                                                               
Page 3, lines 24 - 26:                                                         
	Delete "The redistricting plan adopted under art. VI, Constitution            
of the State of Alaska, may not use census numbers that are estimates          
or that have been adjusted based on sampling, nor may the redistricting        
plan exclude or discriminate"                                                  
	Insert "In adopting a redistricting plan under art. VI, Constitution          
of the State of Alaska, the redistricting board may not adjust the             
census numbers by using estimates, population surveys, or sampling             
for the purpose of excluding or discriminating"                                
                                                                               
Page 4, line 4:                                                                
	Delete "review.":                                                           
	Insert "review and legal representation.  (a)"	                             
                                                                               
Page 4, line 10, following "(2)":                                              
	Delete "represent the state"                                                  
	Insert "defend the plan and board"                                            
                                                                               
Page 4, line 13, following "affirmation":                                      
	Insert "; the board shall have sole discretion to enter a settlement          
agreement and control litigation strategy that affects the final               
proclamation issued under art. VI, sec.10, Constitution of the State of        
Alaska."                                                                       
                                                                               
Page 4, following line 13:                                                     
	Insert a new subsection to read:                                              

1999-04-22                     House Journal                      Page 0921
SB 99                                                                        
	"(b)  Nothing in this section denies or creates standing in the              
governor, the legislature, or another person to be a party to the              
proceedings described in subsection (a)."                                      
                                                                               
Page 4, line 14, through page 5, line 16:                                      
	Delete all material and insert:                                               
					"Article 3.  Redistricting.                                              
	Sec. 15.10.300.  Preparation for legislative redistricting.  (a)          
There is created as an independent agency of the state the                     
Redistricting Planning Committee.  The committee shall be                      
composed of five members.  One member shall be appointed by                    
the president of the senate, one member shall be appointed by the              
speaker of the house of representatives, one member shall be                   
appointed by the chief justice of the Alaska Supreme Court, and                
two members shall be appointed by the governor.                                
	(b)  Four members of the committee constitute a quorum to                    
transact business.  Meetings of  the  committee  are  subject  to              
AS 44.62.310.                                                                  
	(c)  The committee may make necessary preparations and                       
arrangements for the Redistricting Board provided for in art. VI,              
sec. 8, Constitution of the State of Alaska.  The committee may                
arrange for office space for the board and its staff before the                
convening of the board, including the leasing of appropriate                   
facilities and office equipment.                                               
	(d)  The committee may compile or contract for the                           
compilation of information necessary for the Redistricting Board               
to begin its work, including                                                   
		(1)  paper maps or a computer data base received from the                   
United States Bureau of the Census describing all units of census              
geography;                                                                     
		(2)  a computer data base of election and voter registration                
information from the division of elections to assist the                       
Redistricting Board in determining compliance with 42 U.S.C.                   
1973-1973l (Voting Rights Act of 1965, as amended) and other                   
statutory and constitutional requirements;                                     
		(3)  information indicating the location of cultural,                       
economic, geographic, demographic, and trade area factors in the               
state; and                                                                     
		(4)  information or analysis of state and federal court                     
decisions concerning reapportionment.                                          
                                                                               

1999-04-22                     House Journal                      Page 0922
SB 99                                                                        
	(e)  The committee shall develop and issue a request for                     
competitive sealed proposals to procure a computerized system                  
that uses census data and maps to prepare plans for state senate               
and house districts in conformity with statutory and constitutional            
criteria and within applicable time constraints.  The committee                
may award a contract for the acquisition of computer software and              
hardware and for the provision of computer services to the                     
responsible and responsive offeror whose proposal is determined                
to be the most advantageous to the state, taking into consideration            
price and evaluation factors set out in the request for proposals.             
The computer system must be developed so that it is available for              
use by the Redistricting Board immediately upon the board's                    
convening.                                                                     
	(f)  The committee may seek assistance as necessary from the                 
legislative council, the Department of Administration, the                     
Department of Labor, the Department of Law, and the division of                
elections.                                                                     
	(g)  In the event that the committee is determined to be                     
unlawful, the legislative council shall assume the committee's                 
responsibilities and perform its duties as described in this section.          
	(h)  In this section, "committee" means the Redistricting                    
Planning Committee."                                                           
                                                                               
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
                                                                               
Page 5, following line 19:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 5.  This Act takes effect immediately under                       
AS01.10.070(c)."                                                               
                                                                               
                                                                               
Representative Green moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           

1999-04-22                     House Journal                      Page 0923
SB 99                                                                        
                                                                               
HCS CSSB 99(JUD)                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula,              
Kohring, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan,                
Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker,            
Williams                                                                       
                                                                               
Excused:  Masek                                                                
                                                                               
And so, Amendment No. 2 was adopted and the new title appears                  
below:                                                                         
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 99(JUD) am H                              
"An Act providing for preparation for redistricting before                    
appointment of the Redistricting Board; relating to preclearance               
under the Voting Rights Act of 1965, as amended, and legal                     
representation of the state in matters concerning redistricting;               
clarifying the meaning of 'decennial census of the United States'              
in art. VI, Constitution of the State of Alaska; relating to                   
adjustment of census numbers by using estimates, population                    
surveys, or sampling in the redistricting of the house of                      
representatives and the senate; and prohibiting expenditures of                
public funds for population surveys or sampling for certain                    
purposes relating to legislative redistricting without an                      
appropriation; and providing for an effective date."                           
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Croft:                           
                                                                               
Page 3, line 18 through Page 4, line 13:                                       
	Delete all material.                                                          
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               

1999-04-22                     House Journal                      Page 0924
SB 99                                                                        
Objection was heard.                                                           
                                                                               
Amendment to Amendment No. 3 was offered  by Representative Croft:              
                                                                               
Change "Page 4, line 13" to:                                                   
	"Page 4, line 3"                                                              
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment to Amendment No. 3 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
The question being:  "Shall Amendment No. 3 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
HCS CSSB 99(JUD) am H                                                          
Second Reading                                                                 
Amendment No. 3 as amended                                                     
                                                                               
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule,            
Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Smalley,             
Whitaker, Williams                                                             
                                                                               
Nays:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson,               
Foster, Green, Halcro, Harris, Hudson, James, Kohring, Mulder,                 
Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault               
                                                                               
Excused:  Masek                                                                
                                                                               
And so, Amendment No. 3 as amended was not adopted.                            
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Berkowitz:                       
                                                                               
Page 5, lines 17 - 19:                                                         
	Delete all material.                                                          
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Green objected.                                                 

1999-04-22                     House Journal                      Page 0925
SB 99                                                                        
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 99(JUD) am H                                                          
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule,            
Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley                            
                                                                               
Nays:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson,               
Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Morgan,           
Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders,                  
Therriault, Whitaker, Williams                                                 
                                                                               
Excused:  Masek                                                                
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
Representative Green moved and asked unanimous consent that HCS                
CSSB 99(JUD) am H be considered engrossed, advanced to third                   
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
HCS CSSB 99(JUD) am H was read the third time.                                 
                                                                               
The question being:  "Shall HCS CSSB 99(JUD) am H pass the                     
House?"  The roll was taken with the following result:                         
                                                                               
HCS CSSB 99(JUD) am H                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  24   NAYS:  15   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster,                
Green, Halcro, Harris, Hudson, James, Kohring, Kott, Mulder,                   
Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault,              
Whitaker, Williams                                                             
                                                                               

1999-04-22                     House Journal                      Page 0926
SB 99                                                                        
Nays:  Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Grussendorf,          
Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Smalley             
                                                                               
Excused:  Masek                                                                
                                                                               
And so, HCS CSSB 99(JUD) am H passed the House.                                
                                                                               
Representative Green moved and asked unanimous consent that the                
effective date clause be adopted.  There being no objection, it was so         
ordered.                                                                       
                                                                               
Representative Berkowitz gave notice of reconsideration of his vote on         
HCS CSSB 99(JUD) am H.                                                         
                                                                               
                                                                               
The Speaker stated that, without objection, the House would revert to: