Legislature(2005 - 2006)

02/08/2006 05:02 PM Joint 036


Download Mp3. <- Right click and save file as

Audio Topic
05:02:39 PM Start
05:02:40 PM SB36
05:19:28 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
                 CSSB  36(JUD)-ABSENTEE BALLOTS                                                                             
             HCS SBSB  36(JUD)am H-ABSENTEE BALLOTS                                                                         
                                                                                                                              
5:02:40 PM                                                                                                                    
                                                                                                                              
CHAIR  THERRIAULT  announced  that  CSSB  36(JUD)  and  HCS  CSSB
36(JUD)  am H  were before  the committee.  He recapped  the bill                                                               
history including  the determination  that to make  the necessary                                                               
changes,  free powers  of conference  are required.  He clarified                                                               
that the committee could not  undertake those powers and that the                                                               
meeting  was  to  ensure  that   everyone  understood  what  this                                                               
committee  would ask  the  subsequent  conference committee  with                                                               
free powers to consider.                                                                                                        
                                                                                                                                
He asked Ms.  Kreitzer to come forward and explain  the issues on                                                               
behalf of the Division of Elections.                                                                                            
                                                                                                                                
5:04:08 PM                                                                                                                    
                                                                                                                                
ANNETTE KREITZER,  Chief of Staff to  Lieutenant Governor Lehman,                                                               
explained that  there were  issues with  the version  that passed                                                               
the House.  Since that happened,  HB 94 also passed.  The sponsor                                                               
was  informed and  given the  suggestion to  delete all  language                                                               
from  SB 36  that is  now  current law.  Doing so  would make  it                                                               
easier to follow SB 36.                                                                                                         
                                                                                                                                
A second issue relates to  problematic language in Sections 5 and                                                               
6 of  HCS CSSB 36(JUD)  am H. Both contain  broad cross-reference                                                               
to AS 15.20.081. She read Section 5,  page 3, lines 20 and 31 and                                                               
Section 6, page  4, line 18 and said she  asked the Department of                                                               
Law (DOL) to look at the issue.                                                                                                 
                                                                                                                                
Sarah Felix  (DOL) subsequently  issued a  memo stating  that the                                                               
DOL opinion  is that Sections 5  and 6 relating to  violations of                                                               
AS 15.20.081  should be more  specific. The sponsor was  asked if                                                               
he would agree to take the issue up in the conference committee.                                                                
                                                                                                                                
MS. KREITZER said she had no further changes to suggest.                                                                        
                                                                                                                                
CHAIR  THERRIAULT   restated  the  reason  for   requesting  free                                                               
conference  powers  and  therefore  a new  committee  is  because                                                               
language is being considered that  isn't in either version of the                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE   GRUENBERG   questioned   whether   the   current                                                               
committee couldn't request powers of free conference.                                                                           
                                                                                                                                
CHAIR THERRIAULT  explained that the  Uniform Rules state  that a                                                               
member who has served on  an earlier conference committee may not                                                               
serve on  a later committee  on the same measure.  Typically free                                                               
powers aren't requested  unless there is a  deadlock and although                                                               
that isn't the issue here, the rule still applies.                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  whether  the  committee  should                                                               
brief its successors on the  issue of Wesley Education Foundation                                                               
v. Cox.                                                                                                                         
                                                                                                                                
CHAIR THERRIAULT  responded that was  an initial concern,  but it                                                               
isn't of concern now.                                                                                                           
                                                                                                                                
5:09:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  announced he  would review the  case in                                                               
any event.                                                                                                                      
                                                                                                                                
CHAIR THERRIAULT asked Ms. Kreitzer  if she or Ms. Brewster could                                                               
speak to the Wesley case.                                                                                                       
                                                                                                                                
MS. KREITZER  said no internal  review was undertaken.  The issue                                                               
was forwarded to the Department of Law.                                                                                         
                                                                                                                                
CHAIR  THERRIAULT asked  Ms. Kreitzer  to review  the suggestions                                                               
Sarah Felix (DOL) made related to Sections 5 and 6.                                                                             
                                                                                                                                
MS.  KREITZER reiterated  that Sections  5 and  6 of  the version                                                               
that passed the  House must be particular about  what behavior is                                                               
being criminalized.  An amendment  was drafted that  was designed                                                               
to satisfy the sponsor and  Legislative Legal. She noted that the                                                               
Chair was holding that amendment in a pending file.                                                                             
                                                                                                                                
CHAIR  THERRIAULT   advised  that   Version  N   draft  committee                                                               
substitute  CS   was  prepared.  It  incorporates   the  specific                                                               
language regarding what activity is being criminalized.                                                                         
                                                                                                                                
He asked for  verification that Sections 5 and  6 became Sections                                                               
4 and 5 because some language  had been dropped. He recalled that                                                               
Representative Coghill  placed language  in SB  36 that  was also                                                               
included in HB 94.                                                                                                              
                                                                                                                                
MS. KREITZER agreed.                                                                                                            
                                                                                                                                
CHAIR  THERRIAULT added  that  Representative Coghill  ultimately                                                               
agreed that the language was  inadvisable and it was dropped from                                                               
HB 94.  As proposed, the language  would also be dropped  from SB
36.                                                                                                                             
                                                                                                                                
MS. KREITZER  said yes; it would  be dropped from SB  36 as well.                                                               
She continued  to explain  that the first  sentence of  Section 4                                                               
[HCS CSSB 36(JUD) am  H] is now law. That was  included in HB 94.                                                               
The second  sentence in that section  relates to a voter  who did                                                               
not indicate affiliation with a  political party or group. It was                                                               
added   as  a   House   floor  amendment,   but   at  that   time                                                               
Representative  Coghill   was  not  aware  of   the  Division  of                                                               
Elections policies  and procedures  when a voter  doesn't declare                                                               
affiliation when  registering to vote. She  advised that Director                                                               
Whitney Brewster was  available to speak to what  happens in that                                                               
instance.                                                                                                                       
                                                                                                                                
5:14:36 PM                                                                                                                    
                                                                                                                                
WHITNEY BREWSTER, Director, Division  of Elections, Office of the                                                               
Lieutenant Governor,  explained what the division  procedure when                                                               
a person doesn't designate a  ballot choice on an absentee ballot                                                               
application. If the person is  eligible for more than one ballot,                                                               
the division sends the individual  a letter stating that a ballot                                                               
designation was  not made. If  the individual doesn't  respond to                                                               
the letter, no ballot is sent.                                                                                                  
                                                                                                                                
She added  that the  absentee ballot  section has  more temporary                                                               
employees  this year  so that  increased effort  will be  made to                                                               
contact  individuals who  don't respond  by mail.  If some  other                                                               
means of  contact has been  designated the division make  a phone                                                               
call  or send  an  email to  ask the  individual  about a  ballot                                                               
choice.                                                                                                                         
                                                                                                                                
CHAIR THERRIAULT remarked that clears  up the issue about whether                                                               
the division is encouraging a person  to vote one way or another.                                                               
The instruction must come from the voter.                                                                                       
                                                                                                                                
MS. BREWSTER said that's correct.                                                                                               
                                                                                                                                
CHAIR  THERRIAULT  asked  for  verification  that  Representative                                                               
Coghill agreed to modify the language when HB 94 passed.                                                                        
                                                                                                                                
MS. KREITZER  answered yes.  Representative Coghill  indicated he                                                               
was  comfortable  dropping  the   language  from  bill  after  he                                                               
reviewed the  Division of Elections  policies and  procedures and                                                               
saw that the decision is solely the voter's decision.                                                                           
                                                                                                                                
CHAIR THERRIAULT  summarized the  modified language in  Section 4                                                               
passed into  law in  HB 94 so  that section falls  out of  SB 36.                                                               
Renumbering occurs and  the sections move up. The  new Sections 4                                                               
and 5 include the language suggested in the DOL email.                                                                          
                                                                                                                                
MS. KREITZER said yes.                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG reiterated the explanation.                                                                            
                                                                                                                                
CHAIR THERRIAULT  agreed and said  that leaves the  language that                                                               
the committee  doesn't have power  to adopt. He indicated  he had                                                               
prepared a  letter stating that  the committee took no  action on                                                               
any  bill   sections  and  respectfully  requests   that  a  free                                                               
conference committee  be appointed. He added  that this committee                                                               
would pass Version  N work draft CS on to  the next committee for                                                               
review.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether the next  committee would                                                               
have free  conference powers rather  than limited powers  of free                                                               
conference.                                                                                                                     
                                                                                                                                
CHAIR THERRIAULT answered yes.                                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  if the  current committee  could                                                               
remain  constituted if  limited  powers of  free conference  were                                                               
needed.                                                                                                                         
                                                                                                                                
CHAIR THERRIAULT  replied this  committee could  exercise limited                                                               
free powers.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  this committee  could accomplish                                                               
what it wanted to do with limited powers.                                                                                       
                                                                                                                                
CHAIR  THERRIAULT responded  Legislative  Legal  advised that  it                                                               
isn't possible because of the new language.                                                                                     
                                                                                                                                
5:19:01 PM                                                                                                                    
                                                                                                                                
CHAIR  THERRIAULT  asked   for  a  motion  to   report  that  the                                                               
conference committee on SB 36 took no action.                                                                                   
                                                                                                                                
SENATOR  CHARLIE  HUGGINS  said,   "So  moved."  There  being  no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
MS. KREITZER thanked the committee for its cooperation.                                                                         

Document Name Date/Time Subjects