05/08/2004 08:55 AM House 414
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ALASKA STATE LEGISLATURE
CONFERENCE COMMITTEE ON HB 414
May 8, 2004
8:55 a.m.
HOUSE MEMBERS PRESENT
Representative Lesil McGuire, Chair
Representative Tom Anderson
Representative Harry Crawford
HOUSE MEMBERS ABSENT
All members present
SENATE MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Thomas Wagoner
Senator Hollis French
SENATE MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 414
"An Act relating to filling the vacancy in the office of United
States senator, and to the definition of 'political party.'"
- MOVED CCS HB 414 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 414
SHORT TITLE: U.S.SENATE VACANCY/DEF OF POLITICAL PARTY
SPONSOR(S): JUDICIARY
01/28/04 (H) READ THE FIRST TIME - REFERRALS
01/28/04 (H) STA, JUD
02/03/04 (H) STA AT 8:00 AM CAPITOL 102
02/03/04 (H) Heard & Held
02/03/04 (H) MINUTE(STA)
02/04/04 (H) JUD AT 1:00 PM CAPITOL 120
02/04/04 (H) -- Meeting Canceled --
02/05/04 (H) STA AT 8:00 AM CAPITOL 102
02/05/04 (H) Moved CSHB 414(STA) Out of Committee
02/05/04 (H) MINUTE(STA)
02/09/04 (H) JUD AT 1:00 PM CAPITOL 120
02/09/04 (H) <Bill Hearing Postponed to 2/16/04>
02/12/04 (H) STA RPT CS(STA) 3DP 1DNP 3NR
02/12/04 (H) DP: SEATON, COGHILL, WEYHRAUCH;
02/12/04 (H) DNP: BERKOWITZ; NR: GRUENBERG, HOLM,
02/12/04 (H) LYNN
02/16/04 (H) JUD AT 1:00 PM CAPITOL 120
02/16/04 (H) Moved CSHB 414(JUD) Out of Committee
02/16/04 (H) MINUTE(JUD)
02/18/04 (H) JUD RPT CS(JUD) NT 5DP 2NR
02/18/04 (H) DP: SAMUELS, ANDERSON, OGG, HOLM,
02/18/04 (H) MCGUIRE; NR: GRUENBERG, GARA
03/04/04 (H) TRANSMITTED TO (S)
03/04/04 (H) VERSION: CSHB 414(JUD)
03/05/04 (S) READ THE FIRST TIME - REFERRALS
03/05/04 (S) STA, JUD
03/18/04 (S) STA AT 3:30 PM BELTZ 211
03/18/04 (S) Moved SCS CSHB 414(STA) Out of
Committee
03/18/04 (S) MINUTE(STA)
03/22/04 (S) STA RPT SCS 3DP 1DNP SAME TITLE
03/22/04 (S) DP: STEVENS G, COWDERY, STEDMAN;
03/22/04 (S) DNP: GUESS
03/24/04 (S) JUD AT 8:00 AM BUTROVICH 205
03/24/04 (S) Heard & Held
03/24/04 (S) MINUTE(JUD)
04/19/04 (S) JUD RPT SCS 3DP 2DNP TECH TITLE CHANGE
04/19/04 (S) DP: SEEKINS, THERRIAULT, OGAN;
04/19/04 (S) DNP: FRENCH, ELLIS
04/19/04 (S) JUD AT 8:00 AM BUTROVICH 205
04/19/04 (S) Moved SCS CSHB 414(JUD) Out of
Committee
04/19/04 (S) MINUTE(JUD)
04/20/04 (S) JUD SCS ADOPTED Y12 N8
04/22/04 (S) VERSION: SCS CSHB 414(JUD)
05/02/04 (S) RECEDE MESSAGE READ AND HELD
05/03/04 (S) RECEDE MESSAGE TAKEN UP
05/04/04 (H) CONFERENCE COMMITTEE APPOINTED
05/04/04 (H) MCGUIRE, CHAIR; ANDERSON, CRAWFORD
05/04/04 (S) CONFERENCE COMMITTEE APPOINTED
05/04/04 (S) SEEKINS, CHAIR; WAGONER, FRENCH
05/05/04 (H) LIMITED POWERS REQUEST READ AND HELD
05/05/04 (H) LIMITED POWERS FREE CONFERENCE GRANTED
05/05/04 (S) LIMITED POWERS REQUEST READ AND HELD
05/05/04 (S) LIMITED POWERS FREE CONFERENCE GRANTED
05/05/04 (H) 414 AT 0:00 AM CAPITOL 120
05/05/04 (H) -- Meeting Canceled --
05/05/04 (S) 414 AT 0:00 AM CAPITOL 120
05/05/04 (S) -- Meeting Canceled --
05/06/04 (H) 414 AT 0:00 AM CAPITOL 120
05/06/04 (H) -- Meeting Canceled --
05/06/04 (S) 414 AT 7:00 PM CAPITOL 120
05/06/04 (S) -- Meeting Canceled --
05/07/04 (H) 414 AT 3:00 PM CAPITOL 120
05/07/04 (H) -- Meeting Canceled --
05/07/04 (S) 414 AT 5:00 PM CAPITOL 120
05/07/04 (S) -- Rescheduled to 5/8/04 --
05/08/04 (H) 414 AT 8:30 AM CAPITOL 120
05/08/04 (S) 414 AT 8:30 AM CAPITOL 120
WITNESS REGISTER
HEATH HILYARD, Staff
to Representative Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided input on behalf of Representative
McGuire, chair of the House Judiciary Standing Committee, which
sponsored HB 414.
ACTION NARRATIVE
TAPE 04-1, SIDE A
Number 0001
CHAIR McGUIRE called the Conference Committee on HB 414 to order
at 8:55 a.m. Representatives McGuire, Anderson, and Crawford
and Senators Seekins, Wagoner, and French were present at the
call to order.
#hb18
HB 414-U.S.SENATE VACANCY/DEF OF POLITICAL PARTY
CHAIR McGUIRE announced that the only order of business would be
HOUSE BILL NO. 414, "An Act relating to filling the vacancy in
the office of United States senator, and to the definition of
'political party.'" [Before the committee were SCS CSHB
414(JUD), the version that passed the Senate, labeled 23-
LS1514\X, and CSHB 414(JUD), the version that passed the House,
labeled 23-LS1514\U.]
Number 0038
CHAIR McGUIRE referred to a letter dated May 4, 2004, to the
Speaker of the House and the President of the Senate saying the
committee had limited powers of free conference pursuant to
Rule 42. She explained that there would be two items before the
committee [in determining which language from the two bill
versions would be included in a new conference committee
substitute (CCS)]. First was reinclusion [into the language of
SCS CSHB 414(JUD)] of the legislative intent language in
Section 1 of [CSHB 414(JUD)]. The second pertained to
provisions governing the selection and appointment of temporary
appointees to the office of U.S. Senator following the vacancy
of the office and prior to the special election; that is in
Section 3 on page 2, lines 4-10 [of CSHB 414(JUD)].
Number 0119
REPRESENTATIVE ANDERSON moved to [adopt Amendment 1], to insert
and renumber the legislative intent language from CSHB 414(JUD),
page 1, lines 6-8 [into the language in SCS CSHB 414(JUD) in
crafting the CCS].
Number 0146
CHAIR McGUIRE acknowledged a remark by Chair Seekins as an
objection for discussion purposes.
CHAIR SEEKINS said he didn't necessarily object to reinserting
the language, although he believed it was meaningless. He
explained that he'd favored eliminating it from the Senate
version because he believed it was "legislative clutter" and
would have no binding effect.
Number 0202
SENATOR FRENCH reported that he'd made a motion on the Senate
floor to reinsert this language and is strongly in favor of it.
CHAIR McGUIRE noted that she and Chair Seekins had discussed
this previously. She clarified that her desire to reinclude
this in no way reflects skepticism about others' motives, for
instance; rather, as [chair of the House Judiciary Standing
Committee, sponsor of HB 414], she became "attached to the
language" and would like it to be part of the bill.
CHAIR SEEKINS remarked that if this language is reinserted in
exactly the same form, he doesn't object.
CHAIR McGUIRE pointed out that's the only way it can be included
under the limited powers.
REPRESENTATIVE ANDERSON said he respects Chair Seekins' opinion,
but believes legislative intent has an instructive element that
sometimes needs to be added to a bill.
CHAIR SEEKINS reiterated that he has no objection to inserting
that exact language, and said the Twenty-Fourth Alaska State
Legislature won't even be bound by it.
Number 0353
CHAIR McGUIRE asked whether Chair Seekins was removing his
objection.
CHAIR SEEKINS answered affirmatively. [The committee's action
in adopting Amendment 1 was later rescinded for procedural
reasons, and the same amendment was adopted as Amendment 3.]
Number 0365
CHAIR McGUIRE turned attention to what would become Amendment 2.
Highlighting the temporary-appointment language [Section 3 of
CSHB 414(JUD)], she referred to a letter [marked "confidential"
and dated May 6, 2004, from Lieutenant Governor Loren Leman],
noted its importance to her, and explained:
There was a legal opinion, and that's what Senator
Seekins acted on dutifully, ... that stated that there
may be a chance ... that the lieutenant governor could
say ... that the initiative was not substantially
similar with this temporary-appointment language in
there. ... And I understood the concern. And so that
language was removed.
I want it in there because this is the practical
problem that plays out. If ... going to a method
where you have a special election for a vacancy for
the United States Senator, it's a place where we hold
the most power, frankly, as a small state. And you
can envision a situation where we could have ... up to
three months of a vacancy while preparing to
administer a special election. So we got that letter
from Lieutenant Governor Leman, who assures us that he
will rule it's substantially similar. And so that's
the reasoning for it.
Number 0446
CHAIR SEEKINS asked what "temporarily" means and whether the
person would be sworn in as a temporary U.S. Senator or would
sit as a fully empowered U.S. Senator until the next election.
CHAIR McGUIRE replied that it's a good question. She provided
her understanding that the person wouldn't be temporary and
would be [a fully empowered] U.S. Senator, but would be a
"placeholder." She recalled a past appointment for a vacant
state legislative seat when the governor had hoped the person he
appointed wouldn't want to run again. Chair McGuire remarked:
Those things can be worked out one way or the other.
... We chose not to address the fact that if somebody
were a temporary appointee ... they would be
disqualified, because I don't think that you can do
that; ... that's not constitutional. So whatever
agreements would be worked out, I guess, by the shake
of a hand or so on, they would be a United States
Senator, and they would act on our interests during
that vacancy. But I think that's better than the
alternative, which is nobody acting on our behalf at
all.
Number 0623
HEATH HILYARD, Staff to Representative Lesil McGuire, Alaska
State Legislature, noted that Representative Stepovich will fill
one session's worth of time for that seat [in the Alaska State
Legislature], for instance. Citing examples of congressional
appointees from other states, including one for a month or so,
he related his understanding that those appointees were afforded
full rights and responsibilities in the U.S. Senate for whatever
period of time they were elected or appointed by their
respective states.
CHAIR SEEKINS responded that he has no problem if "temporarily"
means during the interim. If it means there's any restriction
imposed by this legislation on the ability for that person to
act as a full U.S. Senator, however, he has a problem with it.
CHAIR McGUIRE clarified that [the latter] isn't her intent;
rather, the person would be a full-fledged member of the Senate
and "vote for us and act on our behalf." She noted that if
someone dies, for example, it takes time to get a special
election together, since it's statewide and requires
administrative procedures.
Number 0743
CHAIR McGUIRE, in response to a question from Representative
Anderson, noted that the Senate version of the bill omitted that
language contained in the House version, and thus the question
is whether to include it [in the CCS].
CHAIR SEEKINS emphasized his desire for agreement on the record
that "temporarily" means "for the interim," with no intent to
limit the powers of that individual to act as [the U.S.
Senator].
REPRESENTATIVE CRAWFORD pointed out that this isn't breaking new
ground, since many states do it. He suggested that the
necessary path is clear, that "temporary" here means just until
the next election, that nothing says the person cannot run [for
the office], and that the person would have the full powers of
the U.S. Senate.
SENATOR WAGONER said he could live with "temporarily" either in
or out.
Number 0846
REPRESENTATIVE ANDERSON moved to adopt Amendment 2, to insert
Section 3, page 2, lines 4-10, from [CSHB 414(JUD) into SCS CSHB
414(JUD) in crafting the CCS].
MR. HILYARD offered his belief that there wasn't a proper motion
with regard to the legislative intent language [Amendment 1].
CHAIR McGUIRE asked whether there was any objection to
Amendment 2. Hearing none, she indicated it was adopted.
Number 0880
CHAIR McGUIRE moved to rescind the action on Amendment 1. There
being no objection, she indicated it was rescinded and that
Amendment 1 would be relabeled as Amendment 3.
Number 0893
REPRESENTATIVE ANDERSON moved to adopt [the previous Amendment 1
as Amendment 3], to insert the legislative intent language from
CSHB 414(JUD), page 1, lines 6-8 [into the language in SCS CSHB
414(JUD) in crafting the CCS]. There being no objection, it was
so ordered.
Number 0919
MR. HILYARD pointed out the need to clarify that the title from
SCS CSHB 414(JUD) is being retained, since it contains language
relating to an effective date.
CHAIR McGUIRE acknowledged that. She requested a motion on the
new CCS based on the previous amendments.
Number 0943
SENATOR FRENCH moved [to report SCS CSHB 414(JUD), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes]. There being no objection,
CCS HB 414 was reported from the Conference Committee on HB 414.
ADJOURNMENT
There being no further business before the committee, the
Conference Committee on HB 414 meeting was adjourned at
9:09 a.m.
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