Legislature(1997 - 1998)
03/18/1998 04:22 PM House RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HJR 44 - REAPPORTIONMENT BOARD & REDISTRICTING Number 2445 CHAIRMAN KOTT announced the next order of business would be HJR 44, "Proposing amendments to the Constitution of the State of Alaska relating to redistricting of the legislature." The committee took up HJR 44, Version 0-LS0528\N. Number 2445 CHAIRMAN KOTT stated the sponsor, Representative Brian Porter, has three housekeeping amendments. TAPE 98-5, SIDE B Number 0006 REPRESENTATIVE PORTER stated there are two main provisions in the election laws in the bill - changing the appointment of the reapportionment and redistricting panel by the governor to the chief justice of the Alaska Supreme Court, and establishing single- member districts for both the House of Representatives and Senate. The bill has gone through a number of reiterations and once the dust finally settled there were three amendments that were needed to clean it up. REPRESENTATIVE PORTER stated Amendment 1 (0-LS0528\N.1, Glover, 3/9/98) reads as follows: Page 3, lines 23-25: Delete "[THE BOARD SHALL ELECT ONE OF ITS MEMBERS CHAIRMAN AND MAY EMPLOY TEMPORARY ASSISTANTS.]" Insert "The board shall elect one of its members chairman and may employ temporary assistants." REPRESENTATIVE PORTER explained Amendment 1 merely reinstates language in the constitution that was taken out under a different reiteration that called for the chairman to be appointed in a different way. Now that it has returned to a single-appointment authority, the language needs to reflect it. Number 0053 CHAIRMAN KOTT asked the committee members whether everybody understands Amendment 1. It reinserts language that was taken out. Number 0057 REPRESENTATIVE PORTER made a motion to adopt Amendment 1. There being no objection, it was so adopted. Number 0067 REPRESENTATIVE PORTER stated Amendment 2 (0-LS0528\N.2, Glover 3/9/98) reads as follows: Page 5, following line 13: Insert a new bill section to read: "*Sec. 11. Article XV, Constitution of the State of Alaska, is amended by adding a new section to read: Section 29. Applicability of Amendments Providing for Redistricting of the Legislature. The 1998 amendments relating to redistricting of the legislature (art. VI and art. XIV) apply only to plans for redistricting and proclamations of redistricting adopted on or after January 1, 2001." Renumber the following bill sections accordingly. REPRESENTATIVE PORTER explained Amendment 2 deals with language suggested by the Legislative Legal Counsel Division. It inserts Section 11, a provision that indicates the amendments relating to redistricting would only apply to plans for redistricting adopted on or after January 1, 2001. "We do not want to set up a situation where because of the effective date of the bill we would perhaps have a plan that was not in conformance with the constitution, and consequently--or the law, and consequently could be challenged prior to this becoming effective with the new adoption of the new plan." It is language to merely reduce litigation. Number 0109 REPRESENTATIVE PORTER made a motion to adopt Amendment 2. There being no objection, it was so adopted. REPRESENTATIVE PORTER stated Amendment 3 (0-LS0528\N.5, Glover, 3/10/98) reads as follows: Page 1, line 10: Delete "after" Insert "following the official reporting of" Page 2, line 1: Delete "after" Insert "following the official reporting of" Page 2, line 9: Following "the": Insert "official decennial" Following "census": Insert "of the United States" Page 3, line 13: Delete "a" Insert "an official" Following "census": Insert "of the United States" Page 3, line 31: Delete "release" Insert "official reporting" Delete "population data" Insert "of the United States" Page 4, line 5: Following "and the": Insert "official reporting of the" Delete "population data has been released" Insert "of the United States" Page 4, line 16: Following "census": Insert "of the United States" REPRESENTATIVE PORTER explained Amendment 3 makes changes throughout the bill. The effect is to describe the census as the official United States decennial census so that there would not be confusion, and to prevent somebody else from doing a census thereby creating litigation. Number 0161 REPRESENTATIVE PORTER made a motion to adopt Amendment 3. Number 0165 REPRESENTATIVE ELTON stated he thought it was done to prevent redistricting in the period of time when a census was taken and before it was officially complied by the United States Census Bureau. It means that the redistricting process would not begin until after the official reporting of the bureau. He asked Representative Porter how long a period of time would that be. Number 0195 REPRESENTATIVE PORTER replied the appointment of the reapportionment board should happen a month or so before the official United States census report (early January). The bill provides that when both of those two things have happened the work begins. The only effect of the amendment is to make sure that any reference to a census is the official United States decennial census. CHAIRMAN KOTT asked the committee members whether there is any objection to the motion to adopt Amendment 3. There being no objection, it was so adopted. Number 0246 REPRESENTATIVE WILLIAMS made a motion to move the proposed CSHJR 44(FIN), as amended, out of committee with individual recommendations and the attached fiscal note(s). REPRESENTATIVE ELTON objected. A roll call vote was taken. Representatives Williams, Phillips, Porter and Kott voted in favor of moving the bill. Representatives Elton and Vezey voted against moving the bill. So CSHJR 44(RLS) was moved from the House Rules Standing Committee.
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