Legislature(1999 - 2000)
1999-04-22 House Journal
Full Journal pdf1999-04-22 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: