Legislature(1995 - 1996)
02/22/1995 08:05 AM House FIN
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* first hearing in first committee of referral
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HOUSE JOINT RESOLUTION NO. 5
Proposing amendments to the Constitution of the State
of Alaska relating to terms of legislators.
Representative Therriault provided members with Amendment 1,
9-LS0226\M.3 (Attachment 2). He observed that the amendment
deletes language regarding terms served through appointment.
He maintained that the language is redundant in lieu of
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language added by the House State Affairs Committee. The
amendment by the House State Affairs Committee clarifies
that members who reach the end of their term limit while
partially through an elected term will be allowed to finish
the term. Co-Chair Hanley observed that the amendment
eliminates all references to appointment. If a member is
appointed to a regular legislative session the session
served would be counted as if the member were elected.
Representative Therriault MOVED to adopt Amendment 1.
Representative Kelly OBJECTED for purpose of discussion.
Representative Kelly indicated his intention to offer a
conflicting amendment. Representative Kelly WITHDREW his
objection. There being NO OBJECTION, Amendment 1 was
adopted.
Representative Kelly provided members with Amendment 2
(Attachment 3). He explained that Amendment 2 would place a
16 year term limit on the legislature and allow that no more
than 8 years be served in a single body without taking a
break during two regular sessions.
Representative Therriault argued against the adoption of
Amendment 2
In response to a question by Representative Grussendorf, Co-
Chair Hanley clarified that "session" refers to a regular
121 day legislative session. Special sessions would not be
counted.
Co-Chair Hanley expressed concern that 16 year term limits
are too long. He stressed that an inequity would exist
between House districts since half of the district
representatives would not have a Senate seat open at the end
of their eight year terms. Half of the House members would
not be able to extend their service past 8 years by moving
to the Senate.
Representative Kelly emphasized that consideration be given
to what is fair to the district. Co-Chair Hanley argued
that the amendment is inequitable to half the districts. He
summarized that Amendment 2 would treat the House and Senate
differently.
Representative Therriault echoed concerns regarding the
inequity between bodies as provided in Amendment 2.
A roll call vote was taken on the MOTION to adopt Amendment
2.
IN FAVOR: Brown, Grussendorf, Kelly, Mulder
OPPOSED: Kohring, Martin, Navarre, Parnell, Therriault,
Hanley, Foster
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The MOTION FAILED (4-7).
Representative Brown provided members with Amendment 3
(Attachment 4). She explained that the amendment would
trigger term limits beginning in the year 2000 if the
constitutional amendment is ratified in 1996. She explained
that the effective dated is delayed to allow a Senate term
beginning in 1996 to be finished.
Representative Brown MOVED to adopt Amendment 3.
Representative Martin spoke in support of Amendment 3.
Representative Brown clarified that all previous service
would be counted beginning in the year 2000.
Representative Therriault stated that he considered adopting
the approach taken by the amendment. He expressed concern
that the amendment may affect the passage of the
legislation. Co-Chair Hanley felt that the amendment would
prevent the legislation's passage. Representative Martin
asserted that the amendment is a good compromise from an
immediate effective date.
Representative Grussendorf noted that he would oppose the
amendment. He stated that he would support the amendment if
it is introduced as a House floor amendment.
A roll call vote was taken on the MOTION to adopt Amendment
3.
IN FAVOR: Martin, Navarre, Parnell, Brown
OPPOSED: Grussendorf, Kelly, Kohring, Mulder, Therriault,
Foster, Hanley
The MOTION FAILED (4-7).
Co-Chair Foster spoke in opposition to HJR 5. He pointed
out that the political strength of the Municipality of
Anchorage can only be countered by rural areas through
seniority of rural members.
Representative Therriault pointed out that members can
return to service after the two year break.
Representative Kelly spoke against term limits. He observed
that national term limits are disadvantageous to the State
of Alaska. He noted the position the Alaskan Congressional
Delegation has recently gained through seniority. He
maintained that citizens' constitutional right to elect
whoever they choose must be considered.
Representative Grussendorf observed the high rate of
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turnover in the Alaska State Legislature. He noted that his
district encourages long service by their representatives.
Representative Martin pointed out that the Constitution is a
contract with the people they elect to govern them. He
observed that the contract can be changed by the people. He
maintained that the framers of the Constitution intended
that the Constitution remain flexible. He emphasized that
the constitutional amendment would be voted on by the
citizens of the state.
(Tape Change, HFC 95-27, Side 2)
Representative Mulder questioned who and what is driving the
push and urgency of the concept of term limits. He stressed
that the framers included limits in other governing bodies.
He supposed that the framers did not want to limit the
voters' range of choices. He maintained that voters are
frustrated by a lack of contact with their legislators. He
noted the large turnover of members in the previous
election.
Representative Brown asserted that term limits are a "double
edged sword". She emphasized that the balance of power
would be changed between the legislative and executive
branch of government by the adoption of term limits. She
acknowledged that term limits would be an improvement to the
accumulation of power that long time members have acquired.
She stressed the weight of incumbent financing. She
maintained that due to incumbent financing members may be
returned to the legislature regardless of their
representation. She summarized that she would like to see
more turnover and greater representation by women and
minorities. She surmised that term limits will benefit
under-represented groups. She stated that she would support
HJR 5.
Representative Navarre stated his intention to support HJR
5. He expressed his doubt that term limits would fix
legislative problems. He hypothesized that voter apathy
would be increased by term limits. He observed that the
public does not have access to the same amount of
information as their elected representatives. He emphasized
that members must try to digest the information available to
them and make the best decision in the public's interest.
He stated that term limits in Alaska are not necessarily
needed. He maintained that if term limits serve to take
away a negative perception by the public in regards to the
legislative process than term limits would be useful.
Representative Therriault reminded members that HJR 5 will
place the question before the voters.
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Representative Kohring MOVED to report CSHJR 5 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSHJR 5 (FIN) was reported out of Committee with a "do pass"
recommendation and with a zero fiscal note by the Office of
the Governor, dated 2/3/95.
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