02/08/2006 05:02 PM Joint 036
| Audio | Topic |
|---|---|
| Start | |
| SB36 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
CONFERENCE COMMITTEE ON SB 36
February 8, 2006
5:02 p.m.
MEMBERS PRESENT
Senator Gene Therriault, Chair
Senator Charlie Huggins
Senator Albert Kookesh
Representative Jim Holm
Representative Max Gruenberg
MEMBERS ABSENT
Representative Paul Seaton
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 36(JUD)
"An Act relating to absentee ballots."
HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am H
"An Act relating to absentee ballots."
UNABLE TO TAKE ACTION, REQUEST DISCHARGE
PREVIOUS COMMITTEE ACTION
BILL: SB 36
SHORT TITLE: ABSENTEE BALLOTS
SPONSOR(s): SENATOR(s) THERRIAULT
01/11/05 (S) PREFILE RELEASED 1/7/05
01/11/05 (S) READ THE FIRST TIME - REFERRALS
01/11/05 (S) STA, JUD
01/20/05 (S) STA AT 3:30 PM BELTZ 211
01/20/05 (S) Heard & Held
01/20/05 (S) MINUTE(STA)
02/01/05 (S) STA AT 3:30 PM BELTZ 211
02/01/05 (S) Moved CSSB 36(STA) Out of Committee
02/01/05 (S) MINUTE(STA)
02/02/05 (S) STA RPT CS 3DP 1NR
NEW TITLE
02/02/05 (S) DP: THERRIAULT, WAGONER, HUGGINS
02/02/05 (S) NR: ELTON
02/08/05 (S) JUD AT 8:30 AM BUTROVICH 205
02/08/05 (S) Heard & Held
02/08/05 (S) MINUTE(JUD)
02/09/05 (S) JUD AT 8:30 AM BUTROVICH 205
02/09/05 (S) Moved CSSB 36(JUD) Out of Committee
02/09/05 (S) MINUTE(JUD)
02/10/05 (S) JUD RPT CS 3DP 1NR
NEW TITLE
02/10/05 (S) DP: SEEKINS, THERRIAULT, HUGGINS
02/10/05 (S) NR: FRENCH
03/02/05 (S) TRANSMITTED TO (H)
03/02/05 (S) VERSION: CSSB 36(JUD)
03/03/05 (H) READ THE FIRST TIME - REFERRALS
03/03/05 (H) STA, JUD
03/15/05 (H) STA AT 8:00 AM CAPITOL 106
03/15/05 (H) Heard & Held
03/15/05 (H) MINUTE(STA)
03/17/05 (H) STA AT 8:00 AM CAPITOL 106
03/17/05 (H) Moved HCS CSSB 36(STA) Out of Committee
03/17/05 (H) MINUTE(STA)
03/18/05 (H) STA RPT HCS(STA) 5DP 2NR
03/18/05 (H) DP: LYNN, GATTO, ELKINS, RAMRAS,
SEATON;
03/18/05 (H) NR: GARDNER, GRUENBERG
04/06/05 (H) JUD AT 1:00 PM CAPITOL 120
04/06/05 (H) <Bill Hearing Postponed>
04/22/05 (H) JUD AT 1:00 PM CAPITOL 120
04/22/05 (H) Scheduled But Not Heard
04/25/05 (H) JUD AT 1:00 PM CAPITOL 120
04/25/05 (H) Scheduled But Not Heard
04/27/05 (H) JUD AT 1:00 PM CAPITOL 120
04/27/05 (H) Moved HCS CSSB 36(JUD) Out of Committee
04/27/05 (H) MINUTE(JUD)
04/29/05 (H) JUD RPT HCS(JUD) 4DP 1NR 1AM
04/29/05 (H) DP: DAHLSTROM, GRUENBERG, ANDERSON,
MCGUIRE;
04/29/05 (H) NR: KOTT;
04/29/05 (H) AM: GARA
05/07/05 (H) VERSION: HCS CSSB 36(JUD) AM H
05/08/05 (S) CONCURRENCE MESSAGE READ AND HELD
05/09/05 (S) CONFERENCE COMMITTEE APPOINTED
05/09/05 (S) THERRIAULT (CHAIR), HUGGINS, KOOKESH
05/09/05 (H) RECEDE MESSAGE READ
05/09/05 (H) CONFERENCE COMMITTEE APPOINTED
05/09/05 (H) SEATON, HOLM, GRUENBERG
WITNESS REGISTER
Annette Kreitzer, Chief of Staff
Office of the Lieutenant Governor
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained suggested changes to SB 36
Whitney Brewster, Director
Division of Elections
Office of the Lieutenant Governor
P.O. Box 110017
Juneau, AK 99811-0017
POSITION STATEMENT: Provided information related to absentee
ballots
ACTION NARRATIVE
CHAIR GENE THERRIAULT called the Conference Committee meeting on
SB 36 to order at 5:02:39 PM. Present were Representative Jim
Holm, Representative Max Gruenberg, Senator Albert Kookesh,
Senator Charlie Huggins and Chair Gene Therriault.
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.
There being no further business to come before the committee,
Chair Therriault adjourned the meeting at 5:19:28 PM.
| Document Name | Date/Time | Subjects |
|---|