Legislature(1995 - 1996)
04/22/1995 10:05 AM Senate JUD
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SENATE JUDICIARY COMMITTEE
April 22, 1995
10:05 a.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Al Adams
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 1
Proposing an amendment to the Constitution of the State of Alaska
relating to repeal of regulations by the legislature.
CS FOR HOUSE JOINT RESOLUTION NO. 5(FIN) am
Proposing amendments to the Constitution of the State of Alaska
relating to terms of legislators.
SENATE BILL NO. 154 - SCHEDULED BUT NOT HEARD
"An Act relating to an aggravating factor at sentencing."
SENATE BILL NO. 155 - SCHEDULED BUT NOT HEARD
"An Act to permit a court to order a defendant who receives a
sentence of imprisonment for a misdemeanor to serve the sentence by
electronic monitoring; and relating to the crime of unlawful
evasion in the second degree."
CS FOR HOUSE BILL NO. 42 (STA) am
"An Act relating to absentee voting, to electronic transmission of
absentee ballot applications, and to delivery of ballots to
absentee ballot applicants by electronic transmission, and enacting
a definition of the term 'state election' for purposes of absentee
voting."
PREVIOUS SENATE COMMITTEE ACTION
HJR 1 - No previous Senate action to report.
HB 42 - See State Affairs minutes dated 3/28/95.
HJR 5 - No previous Senate action to report.
WITNESS REGISTER
Kyle Parker
Legislative Aide
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Testified for sponsor of HJR 1
Tom Anderson
Legislative Aide
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Testified for sponsor of HB 42
Rep. Gene Therriault
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Sponsor of HJR 5
ACTION NARRATIVE
TAPE 95-24, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 10:05 a.m. The first order of business was HJR 1.
HJR 1 REPEAL OF REGULATIONS BY LEGISLATURE
KYLE PARKER, legislative aide to Representative Gail Phillips,
sponsor of HJR 1, gave the following testimony. HJR 1 is a
proposal to place a constitutional amendment before the voters on
the 1996 general election ballot. The amendment would permit the
Legislature to repeal regulations promulgated by state agencies
that do not properly implement state statutes. Although many
regulations do conform to and accurately implement the laws passed
by the Legislature, often legislative directives or regulations are
promulgated that go far beyond the scope of the legislative intent,
and once regulations go into effect, they have the full force of
law. This is the one area that is beyond voter access, yet the
regulations affect every aspect of the voters' lives. This
proposal has been before the voters three different times, and has
failed each time, however with clear presentation and ballot
language, Alaskans now understand how regulations affect their
daily lives, and will most likely support this ballot measure.
Number 071
SENATOR GREEN asked if HJR 1 has received widespread support. MR.
PARKER replied it has received support from a variety of groups
across the state and most testimony has been favorable. He added
it passed the House by a vote of 34 to 4.
Number 085
SENATOR TAYLOR noted the Department of Law is opposed to HJR 1.
MR. PARKER commented the Department of Law has sent the identical
letter in opposition each time the proposal has been introduced.
Number 100
SENATOR ADAMS noted his opposition to placing the measure before
the voters, since it has failed repeatedly.
SENATOR TAYLOR commented no past Governor has supported this
proposal. MR. PARKER agreed but added the Lt. Governor voted in
favor of the proposal last year.
Number 116
SENATOR MILLER moved HJR 1 from committee with individual
recommendations. SENATOR ADAMS objected. The motion carried with
Senators Taylor, Green, and Miller voting "Yea," and Senator Adams
voting "Nay."
HB 42 ABSENTEE VOTING & USE OF FAX
TOM ANDERSON, legislative aide to Representative Martin, sponsor of
HB 42, testified before the committee. HB 42 is a reintroduction
of HB 49, which was introduced in 1992. HB 42 has not changed
significantly through the committee process. HB 42 attempts to
open up the constrained and sometimes disenfranchising electronic
absentee voting standards. Many absentee voters have been unable
to vote due to problems with the mail system. HB 42 allows people
to apply, receive and complete a ballot by electronic transmission,
either by fax or modem. The fiscal costs are low, and include the
purchase of several fax machines and the costs of an operator.
ACCESS of Alaska supports the measure, as well as several senior
citizens, out-of-state students, and business persons travelling
abroad. Jack Chenoweth of the Division of Legal Services, and John
Gaguine of the Department of Law have prepared legal opinions on
the measure. Mr. Chenoweth's opinion compares other states'
constitutional mandates and conflicts in states that currently
allow electronic ballot transmission. Mr. Gaguine's opinion
focussed on the right to privacy issue, and purports the minor
infringement of ballot secrecy would be outweighed by the bill's
affect in enfranchising voters. The bill would not replace mail-in
ballots, it would add an alternative method.
Number 194
SENATOR ADAMS questioned the constitutionality of the measure and
asked for further clarification of Mr. Chenoweth's legal opinion.
MR. ANDERSON explained Mr. Chenoweth's opinion was that if a voter
fails to adhere to a deadline, the voluntary waiving of ballot
secrecy is justified in light of the importance of voting.
Number 214
SENATOR MILLER clarified the voter who uses a fax machine knows the
ballot will be viewed by the operator receiving the fax, and is
therefore voluntarily waiving the right to privacy.
Number 223
SENATOR ADAMS asked if the voter waives the legal ability to sue
the Division of Elections if a human error occurs, such as
inaccurate reporting, or in the case of an electronic transmission
failure or phone line failure.
MR. ANDERSON believed that is unlikely to happen, but if it did he
assumed the voter would waive that right.
SENATOR ADAMS discussed the unreliability of fax and phone lines in
villages such as Anatuvuk Pass.
MR. ANDERSON believed most people would be able to vote in ample
time to prevent such problems.
Number 247
SENATOR GREEN asked about the participation level in states that
use electronic ballot transmission. MR. GREEN replied
participation is limited because most people mail their ballots in
ahead of time.
SENATOR GREEN asked if this is an additional alternative for
unforeseen last minute problems. MR. ANDERSON replied
affirmatively. SENATOR GREEN asked for a description of electronic
transmission methods. MR. ANDERSON responded that would include
the facsimile machine and computer modem. The Division of
Elections would have to develop a program to use the modem, and he
did not foresee that happening in time for the next election.
Number 270
SENATOR TAYLOR asked who the Election Transition Team members are.
SENATOR ADAMS believed they would be the same people appointed by
Lt. Governor Ulmer. SENATOR TAYLOR noted they expressed concern
about the constitutionality of the measure and technical
implementation.
SENATOR TAYLOR felt the committee should further review those
concerns, and stated the bill would be rescheduled the following
week. SENATOR ADAMS requested Mr. Gaguine reply to the committee's
concerns about the constitutionality of the measure.
HJR 5 LIMITING TERMS OF STATE LEGISLATORS
The next item of business before the committee was CSHJR 5(FIN)am.
REP. GENE THERRIAULT, sponsor of the measure, gave the following
presentation.
CSHJR 5 (FIN)am resticts a legislator from serving more than 12
regular sessions and would require that legislator to wait two
consecutive sessions prior to running for election again. In
previous attempts to address this issue, the time limit was
determined by the number of years served and became complicated due
to dates the Legislature convened. CSHJR 5 (FIN) am refers to
sessions to simplify the intent of limiting legislative
participation to 12 consecutive years. Section 2 exempts periods
served during the interim, such as special sessions, and allows a
person to complete a term of office after 11 years if they were
appointed to a seat. Section 3 was added on the House floor, and
enacts the term limit retroactively with the convening of the first
legislative session in the year 2001. The ballot question will be
issued in the next general election, therefore a person could be
elected but find he/she is precluded from holding office if the
bill becomes effective earlier. Section 4 places the question on
the general election ballot.
Number 339
SENATOR TAYLOR noted there is a proposed committee substitute that
expands the restriction to judges and all other elected officers in
the state, including school board and city council members. He
stated if term limitation is valid and beneficial, then it should
apply to all office holders.
Number 349
SENATOR GREEN asked whether CSHJR 5(FIN) am would override shorter
term limits that might currently exist in a city. SENATOR TAYLOR
suggested that the measure be amended to allow cities to enact
shorter limits.
SENATOR ADAMS noted borough mayors are limited to two terms, or six
years.
Number 362
REP. THERRIAULT was unaware of what limits are currently in place
in cities.
SENATOR MILLER moved to adopt the Judiciary committee substitute
(Cook, 4/22/95) in lieu of CSHJR 5(FIN)am, as a working document.
There being no objection, the motion carried.
SENATOR TAYLOR explained the District Court and Alaska Court of
Appeals were created legislatively, not constitutionally. The
courts that were created by the Constitution provide for the first
retention election to occur three years after the first
appointment. The Judiciary committee substitute restricts judges
to serving 15 years, to synchronize the resolution with those
requirements.
Number 380
SENATOR MILLER asked how that would affect the tenure term of
supreme court judges. SENATOR TAYLOR replied the terms would be
modified to two six year terms. Currently, district court judges
are elected every four years, and superior court judges are elected
every six years.
Number 391
REP. THERRIAULT questioned whether Section 6 in the committee
substitute would make the effective date of the bill the year 2005.
SENATOR MILLER stated the date was not changed from the House
version. SENATOR ADAMS noted that change was added in the House
Finance Committee, but was deleted in the Senate Judiciary
committee substitute.
SENATOR TAYLOR speculated the House Finance Committee's intent was
to extend the date far enough into the future so that no person
currently living would ever be affected by this measure.
Number 410
SENATOR GREEN asked if the committee had received any comments on
the measure from parties affected by its passage. SENATOR TAYLOR
stated the latest version had just been received by the committee,
therefore no one has had time to respond. He announced the bill
would be held until the following week for further review and
discussion.
SENATOR ADAMS commented that term limits are unnecessary since
people already have the right to remove a person from office in the
voting process. He noted the turnover in the House was 60 percent,
and in the Senate, 18 percent.
SENATOR ADAMS asked about the retroactive clause. REP. THERRIAULT
replied that although the bill does not take effect until the year
2001, all time served to that date would be counted.
SENATOR TAYLOR asked if time served in both bodies of the
Legislature was counted. REP. THERRIAULT replied affirmatively.
Number 450
REP. THERRIAULT asked if the resolution would need a referral to
the Senate Finance Committee since a small fiscal note accompanies
the bill. SENATOR ADAMS responded that all constitutional
amendments with a fiscal note have been reviewed by the Finance
Committee in the past.
SENATOR TAYLOR announced SCSCS HJR 5 (JUD) would be calendared on
Monday (April 24) if possible and adjourned the meeting 10:38 a.m.
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