Legislature(2013 - 2014)CAPITOL 120
02/28/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB269 | |
| HJR18 | |
| HB284 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HJR 18 | TELECONFERENCED | |
| += | HB 284 | TELECONFERENCED | |
| += | HB 269 | TELECONFERENCED | |
HJR 18-CONST. AM: ELECTED ATTORNEY GENERAL
1:36:46 PM
CHAIR KELLER announced 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.
1:36:51 PM
CHAIR KELLER briefly summarized testimony from the previous
committee meeting on HJR 18, and also stated there have been no
amendments, and announced that public testimony is still open.
1:38:10 PM
REPRESENTATIVE Bill STOLTZE, Alaska State Legislature, stated he
is available to answer questions and noted he has responded in
writing to all questions that have been posed thus far.
1:40:06 PM
CHAIR KELLER closed public testimony.
1:40:33 PM
REPRESENTATIVE GRUENBERG remarked that he cannot support the
passage of HJR 18 and virtually no amendment would change his
mind.
1:41:23 PM
CHAIR KELLER stated he has no commitment or promise or intention
of moving HJR 18 until all questions have been laid out before
the committee and thoroughly discussed.
1:41:42 PM
REPRESENTATIVE GRUENBERG referred to page 1, lines 14-16,
regarding the language which relates that the election for
attorney general is at the same time and term as the governor.
He then recalled that during the 2/19/14 House Judiciary
Standing Committee there was a discussion regarding whether the
governor and attorney general would possibly run on the same
ticket.
REPRESENTATIVE STOLTZE interjected that he had responded to the
discussion and did not recall advocating.
1:42:16 PM
REPRESENTATIVE GRUENBERG then questioned whether there was a
reason the resolution calls for the [governor and attorney
general] to be elected during the same election rather than
during intervening elections, which would seem to offer a sense
of continuity.
REPRESENTATIVE STOLTZE stated his belief that [electing the
governor and attorney general at the same time] is logical and
consistent as Alaska has only one statewide election for a state
constitutional officer that heads the state. He noted that
critics have remarked the resolution could cause the governor
and attorney general to be of separate parties while others
having remarked it creates a partisan ticket. Representative
Stoltze related his preference to defer to the voters on this
issue, which is the premise of the resolution, as he does not
have the same allegiance to the Alaska Bar Association as
others.
1:44:43 PM
REPRESENTATIVE LEDOUX, noting that members of the Alaska Bar
Association have differing opinions on this matter and commented
she believes in the concept of letting the people vote,
particularly since an elected attorney general may not have
qualms investigating the administration. She then pointed out
that Alaska is in the minority of states that appoint their
attorney general.
1:47:12 PM
REPRESENTATIVE GRUENBERG offered that his position is based on
his own analysis. He then referred to page 2, [lines 6-7] which
limits the amount of successive terms an attorney general can
serve to only two full successive terms, which would be 8 years.
He recalled that at least one attorney general, Bruce Botelho,
served under governors of both parties; two years under Governor
Walter J. Hickel and eight years under Governor Tony Knowles.
He opined there are very good arguments why the attorney general
should not be term limited, and particularly if the position is
an elected position as it is the chief law enforcement officer
and the chief attorney for the state. He likened term limited
[for an elected attorney general] to removing a senior partner
of a law firm with extensive experience. Term limits for the
attorney general should be up to the voters, he opined.
1:49:47 PM
REPRESENTATIVE STOLTZE informed the committee that the average
tenure of an attorney general in Alaska is close to 18 months.
He then stated what is proposed in HJR 18 is consistent with the
state's limits on the only two constitutional statewide
officers, the governor and the lieutenant governor which he
opined, made sense.
1:52:11 PM
REPRESENTATIVE GRUENBERG, referring to subsection (c), page 2,
lines 8-12, surmised that the election of the attorney general
would take place at the first general election date that is at
least 6 months after the vacancy. He further surmised that the
interim appointment could be up to two years and five months,
which according to the sponsor; the interim appointment would be
longer than the tenure of most of Alaskan attorneys general to
date. According to the language of HJR 18, he opined, an
attorney general may be elected from a different party than the
governor and, in fact, may be a member of the minority party in
the legislature. The way HJR 18 reads, he explained, is if
there is a vacancy, the [governor's] appointee may come from the
party opposite of the party from which the attorney general was
from, as it is strictly a gubernatorial appointment subject to
confirmation. He believes that HJR 18 is fraught with danger in
that the language reads that the position of attorney general is
determined by voters, and then [due to a vacancy] it is turned
over to the governor and the legislature. In the past, through
an initiative, the [people] did not agree to [the above] process
for a U.S. Senate seat and, he believes, a special election was
held.
REPRESENTATIVE STOLTZE stated that the proposal in HJR 18 is
similar to a current Alaska State Constitutional provision
replacing the lieutenant governor. He recalled when there was a
vacancy in the lieutenant governor's position and the
legislature confirmed Craig Campbell; there was no legal
requirement that Mr. Campbell be a democrat, republican, Alaska
independent, or libertarian, and the governor could have picked
any one of his commissioners. The constitutional process in
replacing a lieutenant governor is very similar to the proposal
in HJR 18 and, he noted, the core of the resolution is having an
[attorney general] that is accountable to the people. He stated
that the succession in replacement is an interim issue and is
subject to collective ideas.
1:58:21 PM
REPRESENTATIVE GRUENBERG explained to Representative Stoltze
that there is a difference between the process of selecting the
lieutenant governor and the process proposed in HJR 18 under
this resolution for electing the attorney general. The law
requires the lieutenant governor to be a member of the
governor's party and run as a ticket in the general election,
which is quite the opposite of HJR 18, he opined.
1:59:08 PM
REPRESENTATIVE STOLTZE stated that he would investigate [the
law] in preparation for the next House Judiciary Standing
Committee meeting on the resolution.
1:59:19 PM
CHAIR KELLER announced that set HJR 18 would be set aside.
1:59:26 PM
REPRESENTATIVE GRUENBERG advised he will be a do not pass out of
this committee, and will not offer amendments on the resolution.
2:01:01 PM
REPRESENTATIVE GRUENBERG advised he has not sought out witnesses
and assumes the time is too late for witnesses.
2:01:15 PM
The committee took a brief at-ease.
2:01:48 PM
CHAIR KELLER remarked that as Representative Stoltze intends for
a deliberative process he will open public testimony on Monday.
2:03:47 PM
REPRESENTATIVE LEDOUX asked whether the sponsor intends to bring
witnesses from states with elected attorneys general to testify
as to how the process works in their state.
REPRESENTATIVE STOLTZE advised that in 1998 Attorney General
Grant Woods of Arizona testified, but noted he has not sought
out witnesses.
REPRESENTATIVE LEDOUX suggested that if the committee is going
to hear from people who oppose the resolution, then perhaps the
committee should hear from someone who has lived the experience.
2:04:46 PM
REPRESENTATIVE GRUENBERG remarked he would send an email to
people who might be interested as this may be the best committee
for a record of people on both sides of this resolution.
2:06:25 PM
CHAIR KELLER announced that HJR 18 would be held over and passed
the gavel to Representative Lynn.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HJR 18~Responses to Feb 19 House Judiciary Questions.pdf |
HJUD 2/28/2014 1:00:00 PM |
HJR 18 |
| HJR 18 Support Document~AK Constitutional Convention Minutes on Electing Attorney General.pdf |
HJUD 2/28/2014 1:00:00 PM |
HJR 18 |
| HB 269 Leg. Legal Response to Questions.pdf |
HJUD 2/28/2014 1:00:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 269 |
| CSHB 269 (JUD) ver. C Draft.pdf |
HJUD 2/28/2014 1:00:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 269 |