Legislature(1993 - 1994)

01/23/1993 08:00 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                        January 23, 1993                                       
                            8:00 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Al Vezey, Chair                                               
  Representative Pete Kott, Vice Chair                                         
  Representative Harley Olberg                                                 
  Representative Jerry Sanders                                                 
  Representative Gary Davis                                                    
  Representative Fran Ulmer                                                    
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative Bettye Davis (excused)                                        
                                                                               
  OTHER HOUSE MEMBERS PRESENT                                                  
                                                                               
  Representative Terry Martin                                                  
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HJR 1:    Proposing amendments to the Constitution of the                    
            State of Alaska authorizing the use of the                         
            initiative to amend the Constitution of the State                  
            of Alaska by approval of two-thirds of the votes                   
            cast on the proposed amendment.                                    
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  HJR 8:    Proposing amendments to the Constitution of the                    
            State of Alaska authorizing the use of the                         
            initiative to amend the Constitution of the State                  
            of Alaska                                                          
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  HJR 9:    Proposing an amendment to the Constitution of the                  
            State of Alaska prohibiting the imposition of                      
            state personal income taxation, state ad valorem                   
            taxation on real property, or state retail sales                   
            taxation without the approval of the voters of the                 
            state.                                                             
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  HJR 11:   Proposing an amendment to the Constitution of the                  
            State of Alaska relating to repeal of regulations                  
            by the legislature.                                                
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Representative Terry Martin                                                  
  State Capitol, Room 411                                                      
  Juneau, AK  99811-1182                                                       
  465-3783                                                                     
  Position Statement: Prime Sponsor, HJR 8 & HJR 9                             
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HJR  1                                                                
  SHORT TITLE: USE OF INITIATIVE TO AMEND CONSTITUTION                         
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Bunde                                 
  TITLE: Proposing amendments to the Constitution of the State                 
  of Alaska authorizing the use of the initiative to amend the                 
  Constitution of the State of Alaska by approval of                           
  two-thirds of the votes cast on the proposed amendment.                      
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  01/04/93        21    (H)   PREFILE RELEASED                                 
  01/11/93        21    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/93        21    (H)   STATE AFFAIRS, JUDICIARY,                        
                              FINANCE                                          
  01/19/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/21/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/23/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  HJR  8                                                                
  SHORT TITLE: USE OF INITIATIVE TO AMEND CONSTITUTION                         
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) MARTIN,Kott,Green,Olberg                       
  TITLE: Proposing amendments to the Constitution of the State                 
  of Alaska authorizing the use of the initiative to amend the                 
  Constitution of the State of Alaska.                                         
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  01/04/93        23    (H)   PREFILE RELEASED                                 
  01/11/93        23    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/93        23    (H)   STATE AFFAIRS, JUDICIARY,                        
                              FINANCE                                          
  01/12/93        49    (H)   COSPONSOR(S): OLBERG                             
  01/19/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/21/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/23/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  HJR  9                                                                
  SHORT TITLE: VOTER APPROVAL FOR NEW TAXES                                    
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) MARTIN                                         
  TITLE: Proposing an amendment to the Constitution of the                     
  State of Alaska prohibiting the imposition of state personal                 
  income taxation, state ad valorem taxation on real property,                 
  or state retail sales taxation without the approval of the                   
  voters of the state.                                                         
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  01/04/93        23    (H)   PREFILE RELEASED                                 
  01/11/93        23    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/93        23    (H)   STATE AFFAIRS, JUDICIARY,                        
                              FINANCE                                          
  01/19/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/21/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/23/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  HJR 11                                                                
  SHORT TITLE: REPEAL OF REGULATIONS BY LEGISLATURE                            
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Brice                                 
  TITLE: Proposing an amendment to the Constitution of the                     
  State of Alaska relating to repeal of regulations by the                     
  legislature.                                                                 
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  01/11/93        24    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/93        24    (H)   STATE AFFAIRS, JUDICIARY,                        
                              FINANCE                                          
  01/21/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/23/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-5, SIDE A                                                            
  Number 000                                                                   
                                                                               
  CHAIRMAN AL VEZEY called the meeting to order at 8:01 a.m.,                  
  and noted a quorum was present.                                              
                                                                               
  HJR 1:  USE OF INITIATIVE TO AMEND CONSTITUTION                              
  HJR 8:  USE OF INITIATIVE TO AMEND CONSTITUTION                              
                                                                               
  CHAIRMAN VEZEY read the title of HJR 1, and opened                           
  discussion on HJR 1 and HJR 8.                                               
                                                                               
  Number 040                                                                   
                                                                               
  REPRESENTATIVE HARLEY OLBERG, CO-SPONSOR OF HJR 8, stated he                 
  was a fan of the initiative process and that he did not fear                 
  the people.  Alaska was unique because of the Permanent                      
  Fund, he said, and until the question regarding the                          
  Permanent Fund Dividend was answered he could not support                    
  either HJR 1 or HJR 8.                                                       
                                                                               
  Number 057                                                                   
                                                                               
  CHAIRMAN VEZEY referred to the National Conference of State                  
  Legislators' (NCSL) summary of nineteen states which have                    
  provisions in their Constitution to amend by the initiative                  
  process.  He said that all nineteen states had a simple                      
  majority with restrictions on subjects that could be brought                 
  by initiative.  He defined the differences with simple or                    
  super majority.                                                              
                                                                               
  Number 137                                                                   
                                                                               
  REPRESENTATIVE GARY DAVIS stated that the preparation of the                 
  wording on the ballot should be addressed.  He was also                      
  concerned that the wording be simple and not misleading.                     
                                                                               
  Number 157                                                                   
                                                                               
  REPRESENTATIVE TERRY MARTIN stated that the public needed to                 
  know what they were voting on.  The Department of Law would                  
  help with the wording.  Advice would be given regarding the                  
  constitutionality of what was stated.  The Judiciary                         
  Committee and the Division of Elections would review and                     
  help prepare the sample ballot, he added.                                    
                                                                               
  Number 200                                                                   
                                                                               
  CHAIRMAN VEZEY summarized Representative Martin's testimony                  
  and clarified that the Department of Law was the Attorney                    
  General's Office.                                                            
                                                                               
  Number 220                                                                   
                                                                               
  REPRESENTATIVE MARTIN stated there were checks and balances                  
  to the wording, and that the legislature would review the                    
  ballot wording.                                                              
                                                                               
  Number 240                                                                   
                                                                               
  REPRESENTATIVE PETE KOTT shared concerns regarding the                       
  Permanent Fund Dividend and other funds.  He asked if there                  
  could be an amendment to allow voters to amend the                           
  Constitution with the exception of various funds.                            
                                                                               
  Number 254                                                                   
                                                                               
  CHAIRMAN VEZEY made reference to the NCSL report of states                   
  that restricted specific subjects.                                           
                                                                               
  Number 270                                                                   
                                                                               
  REPRESENTATIVE MARTIN stated that the NCSL inspired him.  He                 
  referenced the support by the American Bar Association.  A                   
  limit or restrictions from opening appropriations to the                     
  public could be done within the Constitution's framework, he                 
  said.  He reminded the committee that the Constitution was                   
  the voice of the people.                                                     
                                                                               
  Number 341                                                                   
                                                                               
  CHAIRMAN VEZEY made reference to statutes directing                          
  appropriations.                                                              
                                                                               
  Number 357                                                                   
                                                                               
  REPRESENTATIVE MARTIN said the public should have the right                  
  to use the initiative process yet with restrictions of                       
  criteria that could be changed.                                              
                                                                               
  Number 365                                                                   
                                                                               
  REPRESENTATIVE OLBERG shared concern that the public could                   
  use the initiative process to get a $25,000 check for each                   
  person and dissolve the Permanent Fund.  With that much                      
  money on the plate they would find a way, he said                            
                                                                               
  Number 370                                                                   
                                                                               
  CHAIRMAN VEZEY reviewed the process to initiate a                            
  referendum.                                                                  
                                                                               
  Number 394                                                                   
                                                                               
  REPRESENTATIVE MARTIN also reviewed the initiative process                   
  and the difficulty to follow through before it was placed on                 
  the ballot.                                                                  
                                                                               
  Number 432                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS discussed that regulations were                      
  written from bills that the public had to comply with.                       
  HJR 9:  VOTER APPROVAL FOR NEW TAXES                                         
  HJR 11:  REPEAL OF REGULATIONS BY LEGISLATURE                                
                                                                               
  Number 442                                                                   
                                                                               
  CHAIRMAN VEZEY noted there were no further comments                          
  regarding HJR 1 and HJR 8, so he moved on to HJR 9.  He read                 
  the title and then asked for comments.  With no comments he                  
  moved on to HJR 11.  He stepped back to HJR 8 and HJR 1 to                   
  ask the committee for an amendment.                                          
                                                                               
  Number 470                                                                   
                                                                               
  REPRESENTATIVE OLBERG commented on amending HJR 8 and HJR 1.                 
                                                                               
  Number 474                                                                   
                                                                               
  CHAIRMAN VEZEY said that the amendment should state an                       
  exclusion to sections in the Constitution which related to                   
  the Permanent Fund.                                                          
                                                                               
  Number 482                                                                   
                                                                               
  REPRESENTATIVE MARTIN included sources of revenue to the                     
  amendment conversation.                                                      
                                                                               
  Number 501                                                                   
                                                                               
  REPRESENTATIVE OLBERG asked if there would be an open door                   
  to amend the Constitution and thus open up the excluded                      
  sections.                                                                    
                                                                               
  Number 505                                                                   
                                                                               
  CHAIRMAN VEZEY stated that sections would be restricted.                     
                                                                               
  Number 516                                                                   
                                                                               
  REPRESENTATIVE OLBERG restated his concern for the Permanent                 
  Fund and requested the Office of the Attorney General write                  
  an opinion on whether restricting sections from being                        
  amended would protect the Fund.                                              
                                                                               
  Number 530                                                                   
                                                                               
  CHAIRMAN VEZEY reminded members that each Saturday would be                  
  teleconferenced and that members may join the meeting by                     
  teleconference when they were out of town.  He also reminded                 
  them that in order to have a quorum or to vote, members must                 
  be present in Juneau.                                                        
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  With no further comments on HJR 11, Chairman Vezey adjourned                 
  the meeting at 8:35 a.m.                                                     

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