Legislature(1999 - 2000)

02/10/1999 01:08 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE JUDICIARY STANDING COMMITTEE                                                                                     
                 February 10, 1999                                                                                              
                     1:08 p.m.                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
OVERVIEW:  CENSUS AND REDISTRICTING                                                                                             
                                                                                                                                
TAPE(S)                                                                                                                         
                                                                                                                                
99-4, SIDE(S) A & B                                                                                                             
99-5, SIDE(S) A                                                                                                                 
                                                                                                                                
CALL TO ORDER                                                                                                                   
                                                                                                                                
REPRESENTATIVE PETE KOTT, Chairman, convened the House Judiciary                                                                
Standing Committee meeting at 1:08 p.m.                                                                                         
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Committee members present at the call to order were Representatives                                                             
Kott, Green, Rokeberg and Kerttula.  Representative(s) Croft and                                                                
Murkowski arrived as the meeting was in progress.                                                                               
                                                                                                                                
SUMMARY OF INFORMATION                                                                                                          
                                                                                                                                
OVERVIEW:  CENSUS AND REDISTRICTING                                                                                             
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner, Office of the Commissioner,                                                                
Department of Labor, came before the committee and introduced                                                                   
Kathryn Lizik as the program coordinator.                                                                                       
                                                                                                                                
KATHRYN LIZIK, Coordinator, Census and Geographic Information                                                                   
Network, Department of Labor, came before the committee and gave an                                                             
overview on the status of Public Law 94-171, the federal law that                                                               
sets up the Census 2000 Redistricting Data Program, and Phase I, II                                                             
and III.                                                                                                                        
                                                                                                                                
MS. LIZIK indicated that Phase I, known as the Block Boundary                                                                   
Suggestion Program (BBSP), was just completed consisting of                                                                     
approximately 120,000 blocks.  Phase II, known as the Voting                                                                    
District Project (VTDP), will start mid-March.  Phase II will                                                                   
consist of bringing the existing voting precincts in statute into                                                               
conformity with the census blocks.  The Department of Labor and                                                                 
Division of Elections will work together on Phase II and will have                                                              
six months to complete the phase.  Phase III, known as the Data                                                                 
Delivery Project (DDP), will be the delivery of the maps and                                                                    
electronic files to the states sometime between January 1 and April                                                             
1, 2001.  The data will consist of population by race categories                                                                
and 18-year-plus age categories.  In addition, there will be                                                                    
summary levels for every precinct, city boundary, and house                                                                     
district.  The delivery date of the census data will commence the                                                               
redistricting clock for the state.                                                                                              
                                                                                                                                
MS. LIZIK further indicated that the cost for Phase I was about                                                                 
$40,000, and the cost for Phase II will be around $25,000.  Mr.                                                                 
Perkins indicated that at some point the Department of Labor will                                                               
be coming forward with a request for funds this year for software                                                               
and hardware to complete Phase II.                                                                                              
                                                                                                                                
DANA LATOUR, Administrative Officer, Division of Elections, Office                                                              
of the Lieutenant Governor, came before the committee and answered                                                              
questions regarding the division's role in the census and                                                                       
redistricting project.  She noted that the division is working on                                                               
cleaning up its voter lists in accordance with statute.  She                                                                    
explained the biggest burden to the division begins once the board                                                              
has completed its work.  At that point, the division will be                                                                    
charged with making necessary changes to the precincts within the                                                               
new district boundaries.  The new precincts will then have to be                                                                
cleared by the U.S. Department of Justice.  The cost to the                                                                     
division will include additional voter cards and temporary staff.                                                               
                                                                                                                                
KATHLEEN STRASBAUGH, Assistant Attorney General, Governmental                                                                   
Affairs Section, Civil Division, Department of Law, came before the                                                             
committee to discuss the pre-clearance by the U.S. Department of                                                                
Justice of the constitutional amendment.  The U.S. Department of                                                                
Justice will be reviewing the amendment in regards to a possible                                                                
negative impact on minority voting - a violation of the Voting                                                                  
Rights Act.  She noted that once the Department of Law sends the                                                                
amendment, the U.S. Department of Justice can either say yes, no,                                                               
or request more information.  The Department of Law is anticipating                                                             
a request for additional information because of the removal of the                                                              
word "civilian" in Article VI, Section 3 of the state constitution.                                                             
She does not anticipate a problem with the board selection process,                                                             
but that does not preclude a public objection/concern.  She noted                                                               
that the process will take a few months.                                                                                        
                                                                                                                                
KEVIN JARDELL, Staff to Representative Green, Alaska State                                                                      
Legislature, came before the committee to discuss the U.S. Supreme                                                              
Court's decision regarding sampling versus enumeration.  He noted                                                               
that there were two arguments made before the court.  One referring                                                             
to the constitution and one referring to a federal statute.  The                                                                
court based its decision on the federal statute argument,                                                                       
therefore, the constitutionality has not been decided.  The                                                                     
decision requires the use of sampling, if feasible, but sampling                                                                
numbers cannot be used for congressional apportionment.  Thus,                                                                  
sampling numbers will be used for congressional districts while                                                                 
enumeration numbers will be used to determine the number of                                                                     
congressional representatives.  The states, however, have the                                                                   
authority to decide which numbers to use for their own                                                                          
redistricting.  The state of Alaska, in the recent constitutional                                                               
amendment, stated that it will use the official census numbers to                                                               
keep a board from manipulating numbers and subjecting it to attack.                                                             
The U.S. Census Bureau says it will publish the sample numbers as                                                               
the official numbers and the enumeration numbers will be disclosed                                                              
on its web site.  The U.S. Census Bureau is anticipating a 2                                                                    
percent to 3 percent variance between the sampling and enumeration                                                              
numbers.                                                                                                                        
                                                                                                                                
CHAIRMAN KOTT noted that his staff will draft a letter to the                                                                   
leadership recommending the establishment of a task force to work                                                               
with the Administration on this issue.                                                                                          
                                                                                                                                
COMMITTEE ACTION                                                                                                                
                                                                                                                                
The committee took no action.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
The meeting adjourned at 2:43 p.m.                                                                                              
                                                                                                                                
NOTE:                                                                                                                           
                                                                                                                                
The meeting was recorded and handwritten log notes were taken.  A                                                               
copy of the tape(s) and log notes may be obtained by contacting the                                                             
House Records Office at 130 Seward Street, Suite 211, Juneau,                                                                   
Alaska  99801-1182, (907) 465-2214, and after adjournment of the                                                                
second session of the Twenty-first Alaska State Legislature, in the                                                             
Legislative Reference Library.                                                                                                  
                                                                                                                                

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