Legislature(2007 - 2008)CAPITOL 106
04/10/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR7 | |
| HJR15 | |
| HB193 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 7 | TELECONFERENCED | |
| *+ | HJR 15 | TELECONFERENCED | |
| *+ | HB 193 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 7-CONST AM: GENDER-NEUTRAL REFERENCES 8:07:08 AM VICE CHAIR ROSES announced that the first order of business was HOUSE JOINT RESOLUTION NO. 7, Proposing amendments to the Constitution of the State of Alaska to avoid the use of personal pronouns and similar references that denote masculine or feminine gender in that document. 8:07:41 AM SANDRA WILSON, Intern to Representative Carl Gatto, Alaska State Legislature, responded to concerns expressed by committee members during a prior hearing on HJR 7, on behalf of Representative Gatto, prime sponsor. She explained that the resolution simply proposes to substitute all masculine pronouns with titles. For example, she said, "his" might be "governor." The meaning, she added, would not be changed. 8:08:19 AM REPRESENTATIVE COGHILL said he had requested a legal opinion on HJR 7, as well as conducting a thorough search of the legislation himself, to discern whether or not the resolution would have any unintended consequence. He directed attention to a sentence from [a memorandum in the committee packet, from Jack Chenoweth, Assistant Revisor, Legislative Legal and Research Services, dated April 4, 2007], which read as follows: The material in the resolution is arguably wholly technical and not intended to make a substantive change in a matter of constitutional law. REPRESENTATIVE COGHILL said although the changes are so vast, he could not think of any concern he still has regarding the policy call of HJR 7. 8:10:19 AM REPRESENTATIVE CARL GATTO, Alaska State Legislature, as prime sponsor of HJR 7, said he conducted the same search as Representative Coghill, after which he was assured that HJR 7 would do what it is intended to do. 8:11:14 AM REPRESENTATIVE COGHILL mentioned court cases, and he said there is a point at which a huge quantitative change could be considered a revision, which would require a constitutional convention. 8:12:14 AM REPRESENTATIVE GRUENBERG revisited the issue he brought up during the prior hearing on HJR 7, regarding the occurrence of the term "secretary of state" within HJR 7. [He had suggested the need to change that term, and had been told that that should not be done as part of HJR 7.] He related that subsequent to that hearing, [his staff had] spoken with Mr. Chenoweth, whose recommendation echoed that which Representative Gruenberg had been given at the prior hearing. 8:12:50 AM NORMAN COHEN, Staff to Representative Max Gruenberg, on behalf of Representative Gruenberg, explained that Mr. Chenoweth's concern was that "it could then get into the area of revision ...." 8:13:22 AM REPRESENTATIVE GRUENBERG recommended that the House Judiciary Standing Committee consider the issue of gender and the reference to secretary of state. VICE CHAIR ROSES, after ascertaining that there was no one else to testify, closed public testimony. 8:14:31 AM REPRESENTATIVE DOLL directed attention to an article in the committee packet, entitled, "States Balance He's And She's," and quoted one sentence, which read as follows: "State constitutions are living historical documents that need to reflect the day and time in which they are protecting their citizens." For that reason, she said, she strongly supports HJR 7. 8:15:04 AM REPRESENTATIVE GRUENBERG directed attention to page 3, line 18 of the resolution, where "[HIS]" would be deleted. He said it would be awkward without a replacement such as "the election" or "the governor". 8:15:59 AM REPRESENTATIVE GATTO concurred. 8:16:16 AM REPRESENTATIVE GRUENBERG moved to adopt Amendment 1 as follows: On page 3, line 18: Before "election" Insert "the governor's" 8:16:52 AM REPRESENTATIVE COGHILL objected. He pointed out that the beginning of the sentence in question already makes mention of "the governor"; therefore, he questioned the need to use it again. REPRESENTATIVE GRUENBERG said he would agree to just saying "the election". VICE CHAIR ROSES announced that the committee is amending Amendment 1, so that the language would now read: "following the election". REPRESENTATIVE COGHILL removed his objection to Amendment 1, as amended. There being no further objection, Amendment 1, as amended, was adopted. 8:18:20 AM REPRESENTATIVE COGHILL said he would vote to move HJR 7 out of committee; however, he said he struggles with "changing the whole constitution this way." He explained that he can see the benefit of the resolution, but he said any move toward political correctness always make him a little nervous. He pointed out all the offices currently held by females, and he said he understands why the masculine gender is not always appropriate; however, he related that in most of the literature he has read, both historical and contemporary, the word "he" refers to gender neutral. He indicated that he supports equality, but would not support wiping out all references to the male gender. 8:23:26 AM REPRESENTATIVE DOLL said she thinks HJR 7 is a significant step that has nothing to do with putting one gender down or bringing another up. She emphasized the necessity of recognizing equality by making language gender neutral. 8:24:21 AM REPRESENTATIVE GRUENBERG stated his support of HJR 7. 8:24:57 AM REPRESENTATIVE COGHILL moved to report HJR 7, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHJR 7(STA) was reported out of the House State Affairs Standing Committee. [VICE CHAIR ROSES handed the gavel back over to Chair Lynn.] 8:25:21 AM CHAIR LYNN concurred with the action of the committee.
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