Legislature(1997 - 1998)

03/04/1998 01:50 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE JOINT RESOLUTION NO. 44                                                  
                                                                               
Proposing amendments to the Constitution of the State                          
of Alaska relating to redistricting of the legislature.                        
                                                                               
Co-Chair Therriault noted that Work Draft, 0-LS538\I was                       
adopted on 3/3/98.                                                             
                                                                               
Co-Chair Therriault MOVED to ADOPT Amendment 1 (copy on                        
file).  Amendment 1 would add "and as may be provided by                       
law" after "section" on page 3, line 3.  Representative                        
Davies OBJECTED.  Co-Chair Therriault stated that the intent                   
is to clarify that the legislature may add additional                          
clarifications through statute.                                                
                                                                               
JIM SOURANT, STAFF, REPRESENTATIVE PORTER observed that                        
Amendment 1 would allow the legislature to provide                             
additional firm guidelines for the chief justice in the                        
process of selecting the five board members.                                   
                                                                               
Co-Chair Therriault observed that the Court indicated that                     
it would be more comfortable with greater direction by the                     
legislature.  Mr. Sourant agreed.  Co-Chair Therriault noted                   
that clarification might pertain to the length of residency                    
or a prohibition against all members being from one                            
political party.                                                               
                                                                               
Representative Davies stated his objection based on the fact                   
that the other criteria would not be known at the time the                     
question goes on the ballot.  He stressed that specific                        
concerns could be addressed in the resolution.                                 
                                                                               
Representative Mulder spoke in support of the amendment.  He                   
maintained that the intent is to make the process fair and                     
equitable.                                                                     
                                                                               
Co-Chair Therriault noted that geographical balance would be                   
maintained by requiring one member to be appointed from each                   
judicial district.                                                             
                                                                               
Mr. Sourant emphasized that changes to the Constitution                        
should be minimal.  He stated that additional statutory                        
clarification could not be contrary to the Constitution.                       
                                                                               
Representative Davies asked if the language "subject to the                    
provisions of this section" is necessary.                                      
                                                                               
Co-Chair Therriault stated that the language clarifies that                    
the Constitution contains some requirements and that                           
additional changes may be placed in law.                                       
                                                                               
Representative Davies asserted that Amendment 1 would open                     
the process to political influences.                                           
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Mulder, Davis, Foster, Kelly, Kohring, Therriault                    
OPPOSED: Davies, Grussendorf, Hanley                                           
                                                                               
Representatives Moses and Martin were absent from the vote.                    
                                                                               
The MOTION PASSED (6-3).                                                       
                                                                               
Co-Chair Therriault MOVED to ADOPT Amendment 2 (copy on                        
file).  He observed that the amendment clarifies when                          
members of the redistricting board are to be appointed.  He                    
observed that the current version would provide that they be                   
appointed between January 1st and 16th of the year following                   
the census.  He emphasized that board members have been                        
appointed before the information is actually available.  He                    
observed that members could use the time to review court                       
cases and establish procedures.  The amendment would provide                   
that board members be appointed by September 1st of the year                   
of the census.                                                                 
                                                                               
There being NO OBJECTION, Amendment 2 was adopted.                             
                                                                               
Co-Chair Therriault MOVED to ADOPT Amendment 3 (copy on                        
file).  Representative Grussendorf OBJECTED for the purpose                    
of discussion.  Co-Chair Therriault noted that Amendment 3                     
would require members to reside in the judicial district                       
that they are appointed to represent.  He added that members                   
would be appointed based on judicial districts in existence                    
on January 1, 1999.                                                            
                                                                               
In response to a question by Representative Davies, Co-Chair                   
Therriault stated that the provision would retain 5 members                    
on the committee.  Geographical representation would be                        
maintained.                                                                    
                                                                               
(Tape Change, HFC 98 -52, Side 1)                                              
                                                                               
Representative Davies felt that it would make sense for the                    
board to reflect changes in judicial districts.  He spoke in                   
support of one member from each of the judicial district and                   
one member at-large.  Co-Chair Therriault spoke against a                      
mechanism that would expand the board.  Co-Chair Hanley                        
pointed out that an additional judicial district could                         
result in an even number of members on the board.  He                          
observed that the at-large member could come from the new                      
district if another one is created.                                            
                                                                               
Representative Davies WITHDREW his objection.  There being                     
NO OBJECTION, Amendment 3 was adopted.                                         
                                                                               
Co-Chair Therriault MOVED to ADOPT Amendment 4 (copy on                        
file).  Representative Davies OBJECTED.                                        
                                                                               
MIKE TIBBLES, STAFF, REPRESENTATIVE THERRIAULT explained                       
that Amendment 4 would change the effective date from the                      
year 2001 to the year 2000.  This change corresponds to the                    
appointment of board members.  Co-Chair Therriault clarified                   
that the new mechanism would be before the board when they                     
are appointed in the year 2000.                                                
                                                                               
Mr. Tibbles noted that the amendment addresses subsection                      
(b).  The amendment would delete the effective date of                         
December 31, 2000.   The section would be effective on the                     
date that the lieutenant governor certifies that a majority                    
of the voters have approved the amendment.  Section 12 is                      
amended to reflect the year 2000 date.                                         
                                                                               
Representative Martin noted that the transitional section is                   
not part of the Constitution.                                                  
                                                                               
Co-Chair Therriault noted that section 8 on page 4 provides                    
that the current redistribution plan stay in place until the                   
new plan is approved.                                                          
                                                                               
Co-Chair Hanley pointed out that constitutional amendments                     
are enacted under the provisions of the Constitution.  He                      
questioned the need for section 8.                                             
                                                                               
Mr. Baldwin clarified that Article XIII of the Constitution                    
provides that amendments are effective 30 days after the                       
certification of the election returns, unless otherwise                        
provided in the amendment.                                                     
                                                                               
Co-Chair Therriault asked if it would be possible for the                      
Governor to impanel a redistricting board in 1998 or 1999                      
based on old census information.  Mr. Baldwin did not think                    
that a governor could appoint a board based on the prior                       
census.  He noted that reapportionment boards have been                        
impaneled before the end of a governor's term.  Governor                       
Cowper appointed a board before the end of his term.                           
Governor Hickel discharged the board when he came to office.                   
There must be some dramatic circumstance to do a midterm                       
reapportionment.  Co-Chair Hanley pointed out that under the                   
legislation, the chief justice would appoint the board.  He                    
noted that the board could not recommend a reapportionment                     
plan until they receive the new census data.                                   
                                                                               
In response to a question by Co-Chair Hanley, Mr. Baldwin                      
reiterated his belief that the transitional section provides                   
for a 12-year cycle.  He emphasized that the provision                         
encourages litigation to keep the present plan in place for                    
another legislative term.  He observed that litigation was                     
not resolved on the 1990 reapportionment until 1994.                           
                                                                               
Co-Chair Hanley summarized that if the transitional language                   
were removed the amendment would take effect under normal                      
constitutional provisions.                                                     
                                                                               
Mr. Baldwin stressed his concern that section 8 would result                   
in the retention of the current plan for an additional 2                       
years.                                                                         
                                                                               
Representative Martin pointed out that a governor would need                   
an appropriation to fund a reapportionment board.  He                          
observed that the first United States census for the state                     
of Alaska was done in 1990.  He maintained that the state of                   
Alaska would not receive census information before                             
September.                                                                     
                                                                               
Mr. Sourant explained that the 2001 effective date was                         
arbitrarily picked.  He did not object to changing the                         
effective date.  He agreed that reapportionment can only                       
occur once every 10 years unless there is a compelling                         
reason.  He did not see any reason for a delayed effective                     
date.                                                                          
                                                                               
Co-Chair Therriault WITHDREW Amendment 4.  He MOVED to ADOPT                   
Amendment 5, to delete section 11 on page 5, lines 15 - 24.                    
There being NO OBJECTION, it was so ordered.                                   
                                                                               
Co-Chair Hanley observed that the Constitution states that                     
the reapportionment and redistricting shall be effective for                   
the members of the legislature until after the official                        
reporting of the next decennial census.  The new criteria                      
would be sixty days after the adoption and final                               
adjudication of the succeeding redistricting plan.                             
                                                                               
Co-Chair Therriault observed that at the time of the last                      
redistricting, Representative Miller's district had doubled                    
in population while other districts had dropped.  He                           
observed that the Representative would not have wanted to                      
see litigation continue the inequity.                                          
                                                                               
Co-Chair Hanley summarized that the old system would remain                    
until all litigation were resolved.                                            
                                                                               
Representative Davies maintained that the "final plan" on                      
page 3, line 13 refers to the final plan of the                                
redistricting board.  He asserted that the language is                         
confusing and that there needs to be a distinction between                     
the final plan of the redistricting board and the existing                     
official plan.                                                                 
                                                                               
Mr. Sourant emphasized the need for a plan to be in place                      
prior to the election.  Co-Chair Therriault observed that a                    
temporary new plan would at least redistribute population.                     
Discussion ensued regarding the interpretation of section 8.                   
                                                                               
Mr. Sourant clarified that the sponsor's intent is that the                    
old plan remain in place until the new plan has been                           
resolved.                                                                      
                                                                               
Co-Chair Hanley agreed that "final plan" could be                              
interpreted to mean the new redistricting plan.                                
                                                                               
Representative Martin stressed that the inclination is to                      
prolong the process.                                                           
                                                                               
Mr. Sourant stated that the language on page 5, lines 15 -                     
24 would clarify that the "final plan" refers to the plan                      
that is in existence today.                                                    
                                                                               
Representative Mulder and Co-Chair Hanley agreed that the                      
language implies that the new plan would stay in place until                   
it is replaced by the final official plan.  Members                            
concluded that section 8 needed further clarification.                         
                                                                               
Representative Davies spoke in support of retaining the new                    
redistricting plan as a temporary plan until it is replaced                    
by a new adjusted plan.                                                        
                                                                               
Mr. Sourant stressed that language was added to expedite                       
Supreme Court consideration of litigation relating to the                      
redistricting plan.                                                            
                                                                               
HCR 44 was HELD in Committee for further consideration.                        

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