02/09/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB36 | |
| SJR1 | |
| SJR4 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | SB 36 | ||
| = | SJR 1 | ||
| = | SJR 4 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 9, 2005
9:19 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
MEMBERS ABSENT
Senator Gretchen Guess
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 1
Proposing amendments to the Constitution of the State of Alaska
relating to an appropriation limit.
HEARD AND HELD
SENATE JOINT RESOLUTION NO. 4
Proposing amendments to the Constitution of the State of Alaska
relating to the budget reserve fund and to uses of money in the
general fund available for appropriation at the end of each
fiscal year; and providing for an effective date for the
amendments.
MOVED SJR 4 OUT OF COMMITTEE
SENATE BILL NO. 36
"An Act relating to applications requesting the delivery of
absentee ballots by mail."
MOVED CSSB 36(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 1
SHORT TITLE: CONST. AM: APPROPRIATION LIMIT
SPONSOR(s): SENATOR(s) DYSON
01/11/05 (S) PREFILE RELEASED 12/30/04
01/11/05 (S) READ THE FIRST TIME - REFERRALS
01/11/05 (S) JUD, FIN
02/08/05 (S) JUD AT 8:30 AM BUTROVICH 205
02/08/05 (S) CONST AM: BUDGET RESERVE FUND
BILL: SJR 4
SHORT TITLE: CONST AM: BUDGET RESERVE FUND
SPONSOR(s): SENATOR(s) DYSON
01/26/05 (S) READ THE FIRST TIME - REFERRALS
01/26/05 (S) JUD, FIN
02/08/05 (S) JUD AT 8:30 AM BUTROVICH 205
02/08/05 (S) ABSENTEE BALLOT APPLICATIONS
BILL: SB 36
SHORT TITLE: ABSENTEE BALLOT APPLICATIONS
SPONSOR(s): SENATOR(s) THERRIAULT
01/11/05 (S) PREFILE RELEASED 1/07/05
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) Bills Previously Heard/Scheduled
WITNESS REGISTER
Ms. Laura Glaiser
Division of Elections
Office of the Lt. Governor
PO Box 110015
Juneau, AK 99811-0015
POSITION STATEMENT: Commented on SB 36
Senator Fred Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SJR 1 and SJR 4
Mr. Lucky Schultz
Staff to Senator Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SJR 1 and SJR 4
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 9:19:19 AM. Senators Gene
Therriault, Hollis French, Charlie Huggins and Chair Ralph
Seekins were present.
SB 36-ABSENTEE BALLOT APPLICATIONS
9:20:04 AM
CHAIR SEEKINS announced SB 36 to be up for discussion.
SENATOR THERRIAULT proposed a committee substitute for SB 36. He
moved to use version \I as the working document.
CHAIR SEEKINS announced the motion carried with no objection.
SENATOR THERRIAULT explained the changes in version \I.
Page 1, line 4 inserts the words "in person".
Page 1, line 5 clarifies "under this section".
Page 3, lines 7-9
(4) encourages or assists in a violation of AS
15.20.081 and has been previously convicted for
unlawful interference with voting in the second degree
under AS 15.56.035 (a) (5).
Page 3, line 25
(5) encourages or assists in a violation of AS
15.20.081.
CHAIR SEEKINS asked for comments from the Division of Elections.
MS. LAURA GLAISER, director, Division of Elections, supported
version \I.
CHAIR SEEKINS announced the committee adopted version \I.
SENATOR HOLLIS FRENCH asked if removing subsection (j) is the
intent of the committee - making it a crime to violate any part
of the entire statute.
SENATOR THERRIAULT answered yes.
SENATOR FRENCH said he wanted to make sure any initial violation
of AS 15.20.081 was a class A misdemeanor and a second violation
would be a felony.
CHAIR SEEKINS answered if it is knowingly and willfully done, it
would be a violation.
SENATOR FRENCH voiced concern with how a judge would view
Section 3, subsection (j), paragraph (2), and indicated there is
still a question as to who can be penalized for carrying
absentee ballots.
MS. GLAISER replied that the Division of Elections receives
applications through FedEx Express and DHL, which is another
form of service. The sponsor's intent was to make sure the
information in the application was concealed.
SENATOR FRENCH asked if the information was appropriately
concealed, what difference does it make who delivers the
application.
SENATOR THERRIAULT commented that no party has any right to
handle ballots. The intent is to restrict political groups from
ballot delivery.
CHAIR SEEKINS agreed.
SENATOR THERRIAULT moved CSSB 36 (JUD) out with individual
recommendations and a zero fiscal note.
CHAIR SEEKINS heard no objection and CSSB 36(JUD) was passed out
of committee.
SJR 1-CONST. AM: APPROPRIATION LIMIT
9:30:48 AM
CHAIR SEEKINS announced SJR 1 was up for consideration.
SENATOR FRED DYSON and Lucky Schultz, staff to Senator Dyson,
introduced themselves as sponsors of SJR 1.
SENATOR DYSON asked the committee to accept the conceptual
amendment to SJR 1.
CHAIR SEEKINS announced to the committee that they would
consider the amendment.
SENATOR DYSON informed Chair Seekins that the Finance committee
would deal with the numbers portion of SJR 1.
9:33:36 AM
CHAIR SEEKINS announced that his intent was to consider the
judiciary portion of SJR 1 and to allow the Finance committee to
look at the numbers.
SENATOR DYSON advised Chair Seekins that the base number has
been adjusted to cover the out years.
CHAIR SEEKINS referred to a conceptual amendment before the
committee and the committee members discussed the amendment
language.
CHAIR SEEKINS moved to adopt Amendment 2. Hearing no objection,
the committee adopted Amendment 2.
CHAIR SEEKINS referred back to Amendment 1 and asked the
committee "what if the Legislature itself deems that there are
extraordinary circumstances that needs to be addressed outside
of the Governor's request?"
MR. LUCKY SCHULTZ answered that a clause was added last year to
accomplish that scenario and if the committee prefers it could
be added to SJR 1.
9:38:34 AM
CHAIR SEEKINS advised that he is attempting to be proactive. He
said a political body (such as the Governor), which has fiscal
responsibility should never be allowed to consider special
circumstances.
SENATOR FRENCH referred to separation of powers.
CHAIR SEEKINS answered that he was not willing to give the
Governor too much power.
9:39:32 AM
SENATOR THERRIAULT said he wants to see a balance of power.
CHAIR SEEKINS agreed saying he would like to see that the
Legislature also has authority to determine what is an
extraordinary circumstance, by a two-thirds vote.
SENATOR THERRIAULT said the Governor can call a committee back
into special session but can't force them to make an
appropriation. The committee can pass an appropriation but the
Governor can veto it. It is a check and balance.
SENATOR DYSON advised that language from last year's bill covers
the issue. He read the language:
If the Legislature by law declares an extraordinary
circumstance exists upon affirmative vote of two-
thirds of the members of each house, Legislature may
pass an appropriation that exceeds the appropriation
limit under this section to address the extraordinary
circumstances. Notwithstanding Section 17 of Article
2, a bill declaring an extraordinary circumstance
passed by the Legislature may not become law unless
signed by the Governor.
Discussion last year was, "what if the Governor vetoes it? Would
there have to be a three-quarter vote to overrule the Governor?"
9:41:34 AM
CHAIR SEEKINS said when the Governor is faced with a veto or
with declaring extraordinary circumstances; the cat is already
out of the bag.
SENATOR DYSON offered to add a conceptual amendment with
language from last year's bill.
CHAIR SEEKINS said he would be more comfortable with that.
9:42:21 AM
SENATOR THERRIAULT asked Senator Dyson to work with the drafters
and come back to committee with the appropriate committee
substitute.
MR. SCHULTZ said if the Legislature passes an appropriation for
a special circumstance, it cannot become law until signed by the
Governor, but SJR1 says both parties must agree.
CHAIR SEEKINS said he feels more comfortable that it be subject
to the same procedure that any other bill would be.
9:43:24 AM
SENATOR HUGGINS agreed.
SENATOR DYSON said there is some reason to move SJR 1 with some
dispatch since budget decisions must be made soon. A spending
limit has populace appeal. The committee could ask the Senate
President to give additional referral back to the Judiciary
Committee once the Finance Committee has done its work.
CHAIR SEEKINS said the committee could pass SJR 1 out in the
next meeting.
9:46:07 AM
SENATOR DYSON said he would support any extra time and effort
spent on constitutional issues when considering amending the
constitution.
CHAIR SEEKINS referred to a point made by Senator French, which
was what if a big argument negatively affected the education
budget? The Legislature needs the override ability of the normal
course.
SENATOR DYSON agreed to finish the amendment before next
committee meeting.
SJR 1 was held in committee.
SJR 4-CONST AM: BUDGET RESERVE FUND
9:48:59 AM
CHAIR SEEKINS announced SJR 4 was up for consideration.
SENATOR DYSON asked if the Legislature should make repaying the
constitutional budget reserve (CBR) a priority in years with a
surplus, and getting it up to $5 billion dollars as a buffer
fund.
CHAIR SEEKINS said maybe there should be an escalator built into
the amendment so that the Legislature doesn't have to re-address
the dollar amount in the future.
SENATOR THERRIAULT said he does not like escalators. Setting the
buffer at $5 billion should cover things for the near future and
then it wouldn't be difficult to step it up when needed.
9:51:45 AM
CHAIR SEEKINS agreed and offered to consider a 5 or 10-year
review.
SENATOR THERRIAULT said SJR 4 should probably have gone to the
Finance Committee before the Judiciary Committee.
CHAIR SEEKINS announced the committee might request a second
referral after Finance has finished with SJR 4.
SENATOR DYSON agreed with Senator Therriault being wary of
escalators on the spending side. SJR 4 is different because it
is the financial back up that bonding ratings are dependent
upon. SJR 4 will bring voters because of the appeal of a
disciplined spending.
9:54:18 AM
CHAIR SEEKINS said the CBR fulfills two functions, it is a
buffer for bad years and it is a cash flow account. There must
be an amount in the CBR to handle cash flow variations.
9:54:55 AM
MR. SCHULTZ said last year the Governor suggested $1 billion
dollars as the minimum. SJR 4 does not limit the CBR to $5
billion dollars it limits the payments. The CBR can grow past $5
billion from other sources.
9:55:49 AM
CHAIR SEEKINS advised Senator Dyson and the committee that he
would watch SJR 4 and ask for a second referral back to the
Judiciary Committee.
SENATOR HUGGINS made a motion to move SJR 4 out of committee
with individual recommendations and zero fiscal notes.
CHAIR SEEKINS heard no objections and so the motion passed.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 9:57:19 AM.
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