Legislature(2013 - 2014)CAPITOL 120
02/19/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB47 | |
| HJR18 | |
| HJR1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 18 | TELECONFERENCED | |
| + | HJR 1 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 47 | TELECONFERENCED | |
HJR 18-CONST. AM: ELECTED ATTORNEY GENERAL
2:06:11 PM
CHAIR KELLER announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 18, Proposing amendments to the
Constitution of the State of Alaska relating to the office of
attorney general.
CHAIR KELLER announced that HJR 18 will be held in committee
today.
2:06:33 PM
REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, speaking
as the sponsor of HJR 18, advised that HJR 18 places the issue
of an elected attorney general before the voters. This measure
has been before the legislature multiple times and has been a
bi-partisan endeavor, but the resolution has never been before
the voters. The framers of the Alaska State Constitution
appropriately made amending it difficult by requiring an
affirmative vote by two-thirds of each house. He highlighted
that this proposed change can only be initiated within the
legislature. Alaska is only one of seven states without an
elected attorney general. However, Representative Stoltze
opined the public would embrace the proposed change to the
Alaska State Constitution. He emphasized that HJR 18 is not a
statement of inadequacy, inappropriateness, or disrespect to
current or past attorneys general.
2:11:25 PM
CHAIR KELLER advised that as a member of the House State Affairs
Standing Committee he agreed to consider amendments wherein both
the lieutenant governor and governor are of the same party.
2:12:08 PM
REPRESENTATIVE STOLTZE stated that as HJR 18 is currently
written [the attorney general] is a separate elected position.
He acknowledged there was a suggestion to make the lieutenant
governor and attorney general positions more closely tied to a
partisan position so the [the governor and lieutenant governor]
run on a slate adding to the lieutenant governor's position the
position of attorney general. He advised he did not have a
preference and considered such an amendment a compromise that
would not do damage to the resolution.
2:13:51 PM
CHAIR KELLER recalled that in the House State Affairs Standing
Committee there were questions as to whether there should be a
standard for the removal of an attorney general and whether an
individual must meet the same qualifications as the governor.
2:14:29 PM
REPRESENTATIVE LEDOUX pointed out that the resolution specifies
that an individual seeking the position of attorney general must
meet the same qualifications as a superior court judge rather
than governor.
2:14:41 PM
REPRESENTATIVE STOLTZE advised he was following language from
previous iterations and had no strong possession of that
section. He clarified that if he was setting the
qualifications, an individual seeking the position of attorney
general would be a member of the bar in good standing.
2:15:56 PM
REPRESENTATIVE LEDOUX expressed her agreement with the sponsor
that if the attorney general position is elected, the individual
should not be vetted by the Alaska Judicial Council as he/she
will be vetted during the election process. Therefore, she
suggested the language be changed to say "a member of the bar in
good standing."
2:16:42 PM
REPRESENTATIVE STOLTZE interjected his preference to
specifically refer "the Alaska Bar," although the attorney
general will likely be a member of the Alaska Bar Association
because HJR 18 requires the same residency and citizenship
requirements for the attorney general as the lieutenant governor
and governor. Representative Stoltze indicated his agreement
with Representative LeDoux as he did not want to impose the
Alaska Bar Association process in determining the qualification
for the attorney general.
2:19:03 PM
REPRESENTATIVE LEDOUX, noting that she like the idea of HJR 18,
inquired as to how [the process] works in states where the
attorney general, [lieutenant governor and governor] do not run
as a slate, and therefore could result in a governor and
lieutenant governor from one political party and an attorney
general from another political party.
REPRESENTATIVE STOLTZE conveyed that most commonly the attorney
general runs independently, which can result in [the attorney
general] being from a different political party than [the
governor and lieutenant governor]. He opined, however, that to
say our Alaska's attorneys general are not political is a
misconception. Representative Stoltze noted for historical
reference that the average length of an attorney general's
tenure is about 18 months. However, in the early 1990s when a
sitting attorney general was retained by the incoming governor
there was some contention that the attorney general was not
confirmed and was a hold over as has been the case with other
commissioners. Alaska, he highlighted, had an unelected
attorney general serve for almost a decade. Therefore, Alaska
had an unelected attorney general with the power to make law on
the advice of an assistant attorney general for almost 10 years.
2:21:22 PM
REPRESENTATIVE LEDOUX reiterated her understanding that in some
states governors and lieutenant governors run on separate
tickets, and theoretically could be elected from different
political parties. In those instances, she surmised the
governor would never leave the state.
2:22:02 PM
REPRESENTATIVE MILLETT inquired as to the reasoning of the
framers of the Alaska State Constitution regarding choosing to
have an appointed rather than elected attorney general. She
also inquired as to how many states have changed their
constitution from an appointed attorney general to an elected
attorney general. Such information would be helpful for the
committee.
REPRESENTATIVE STOLTZE indicated those are questions he will
investigate. The power, he opined, should rest with the people
whether electing U.S. Senators or a state attorney general. He
further opined that other than the power of succession, an
attorney general on a day-to-day basis is far more powerful than
a lieutenant governor.
2:25:19 PM
REPRESENTATIVE GRUENBERG noted that HJR 18 states the heads of
various departments must be confirmed by the legislature, which
is also the case in another section of Article III, the heads of
independent boards such as the Board of Fisheries, Board of
Game, and State Board of Education and Early Development.
Although there is no allowance for the legislature to confirm a
deputy commissioner exists or is included in the resolution, he
suggested that perhaps some of the sub-cabinet position with a
lot of power should go through a confirmation process.
REPRESENTATIVE STOLTZE recalled that Representative Gruenberg
might be speaking of the Bradner decision. The only change made
in this resolution is adding the attorney general along with the
lieutenant governor and governor as an elected official.
REPRESENTATIVE GRUENBERG then expressed the notion that perhaps
the powerful positions of the head of the House and Senate
Finance Committees should be elected as well.
2:29:08 PM
CHAIR KELLER opened public testimony.
2:29:00 PM
GEORGE PIERCE stated all commissioners and "everyone" should be
elected rather than appointed as sometimes governors "stack the
deck" with their appointments to boards and commissions.
Alaskans recently voted against a constitutional convention and
he yet it seems that every other piece of legislation being
introduced is about changing or amending the constitution. Some
of the legislation being introduced to change the Alaska State
Constitution is absurd, he said. Alaskans, he reiterated, have
said they don't want the constitution amended. He opined that
the proposed amendments are for special interest groups not
Alaskans.
2:30:46 PM
CHAIR KELLER questioned if Mr. Pierce is in favor of the
election of the attorney general, but not for amending the
constitution to do so.
MR. PIERCE answered yes; it would be good electing the attorney
general. However, he reiterated that Alaskans just voted
against a constitutional convention. Thus he encouraged members
to stop picking and choosing which aspects of the Alaska State
Constitution to change.
REPRESENTATIVE GRUENBERG surmised that Mr. Pierce's meant that
once the legislature starts amending the constitution it becomes
a slippery slope and becomes easier and easier to amend
[provisions in] the constitution.
[Mr. Pierce was no longer online to respond.]
2:31:59 PM
STUART THOMPSON strongly advised that legislators carefully
review the materials the Alaska Constitutional Convention
members studied about [this issue], including the extensive
debate regarding unelected versus elected attorneys general. He
requested that the wheel not be re-invented as many questions
and queries that are now being raised were covered in 1955. He
added that confirmation of appointments by the legislature is
worthy of consideration.
2:33:54 PM
CHAIR KELLER, upon determining no one else wished to testify,
close public testimony.
2:34:41 PM
REPRESENTATIVE STOLTZE, in response to Representative LeDoux
advised that similar resolutions were introduced between the
[24th] and 27th Alaska State Legislatures; it was first
introduced by Senator Fred Dyson, and Representative Harry
Crawford introduced the legislation in the 25th and 26th Alaska
State Legislatures, and most recently by Senator Bettye Davis in
the 27th Alaska State Legislature. He added that Tennessee
Senator Mae Beavers has introduced a constitutional amendment
such that the attorney general would change from being appointed
to a "hybrid" election. In further response to Representative
LeDoux, Representative Stoltze recalled that a similar
resolution reached the [House] Rules Standing Committee, but
that no such resolution has ever made it to the floor of either
house in the 1990s.
REPRESENTATIVE STOLTZE, in responding to Representative LeDoux,
advised he did not believe the Alaska legislation ever made it
to the floor of either house in the 1990s.
2:38:38 PM
REPRESENTATIVE MILLETT stated she has materials available
regarding discussions during the Alaska Constitutional
Convention and believes that historical context is important to
the committee's conversation.
2:40:04 PM
CHAIR KELLER announced that HJR 18 would be set aside.
2:40:23 PM
The committee took a brief at-ease.
[Chair Keller passed the gavel to Vice Chair Lynn.]
2:41:18 PM