Legislature(1999 - 2000)
04/15/2000 01:08 PM Senate RLS
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SENATE RULES COMMITTEE
April 15, 2000
1:08 p.m.
MEMBERS PRESENT
Senator Tim Kelly, Chair
Senator Loren Leman, Vice Chair
Senator Mike Miller
Senator Drue Pearce
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HOUSE BILL NO. 43
"An Act relating to police training surcharges imposed for
violations of municipal ordinances."
-MOVED HB 43 OUT OF COMMITTEE
HOUSE BILL NO. 99
"An Act relating to sexual assault and the definitions of 'sexual
contact,' 'sexual penetration,' and 'legal guardian' in AS 11."
-MOVED HB 99 OUT OF COMMITTEE
HOUSE BILL NO. 194
"An Act correcting, in the Alaska Disaster Act, a reference to the
former oil and hazardous substance release response fund to
describe that fund by its correct name."
-MOVED HB 194 OUT OF COMMITTEE
HOUSE BILL NO. 315
"An Act relating to elimination of the Alaska Administrative
Journal and instituting public notice requirements on the Alaska
Online Public Notice System; amending public notice publication
requirements for certain regulations; and providing for an
effective date."
-MOVED HB 315 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 428(FIN)
"An Act relating to interest on child support overpayments that are
disbursed to the obligor."
-MOVED CSHB 428(FIN) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 40
Proposing amendments to the Constitution of the State of Alaska
providing that the governor, United States senators, United States
representative, and electors of the President and Vice-President of
the United States be elected by a majority vote.
-MOVED ALL VERSIONS OF SJR 40 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
HB 43 - See Senate Judiciary Committee minutes dated 2/2/00.
HB 99 - See Judiciary minutes dated 4/12/00
HB 194 - See Resources Committee minutes dated 4/15/00.
HB 315 - No previous Senate action.
HB 428 - See Judiciary minutes dated 4/14/00.
SJR 40 - See Rules Committee minutes dated 4/6/00.
ACTION NARRATIVE
TAPE 00-10, SIDE A
CHAIRMAN KELLY called the Senate Rules Committee meeting to order
at 1:08 p.m. All members were present. Chairman Kelly announced
that SJR 40 would be heard by the Rules Committee at 3:00 p.m.
SENATOR MILLER moved to calendar, at the Chairman's discretion, HB
43-MUNI.ORDINANCES:POLICE TRAINING SURCHARGE with individual
recommendations and accompanying fiscal notes. There being no
objection, the motion carried.
SENATOR PEARCE moved to calendar, at the Chairman's discretion, HB
99-SEXUAL ASSUALT:VICTIM IN STATE CUSTODY with individual
recommendations and accompanying fiscal notes. There being no
objection, the motion carried.
SENATOR MILLER moved to calendar, at the Chairman's discretion, HB
194-DISASTER ASSISTANCE, with individual recommendations and
accompanying fiscal notes. There being no objection, the motion
carried.
SENATOR PEARCE moved to calendar, at the Chairman's discretion, HB
315-ONLINE SYSTEM REPLACES AK ADMIN JOURNAL with individual
recommendations and accompanying fiscal notes. There being no
objection, the motion carried.
SENATOR MILLER moved to calendar, at the Chairman's discretion, HB
428-INTEREST ON CHILD SUPPORT OVERPAYMENTS with individual
recommendations and accompanying fiscal notes. There being no
objection, the motion carried.
There being no further business to come before the committee,
CHAIRMAN KELLY recessed the meeting to 3:00 p.m.
SJR 40-CONST AM:ELECTION & TERMS OF GOV & LT GOV
CHAIRMAN KELLY called the Senate Rules Committee meeting back to
order at 3:16 p.m. and announced that Senators Pearce, Miller,
Leman and Ellis were present. He informed committee members that
a new proposed committee substitute (Version V) was prepared for
SJR 40. The Senate Rules Committee previously adopted a committee
substitute (1-LS1579/S); the new version is 1-LS1579/V.
SENATOR ELLIS asked for an explanation of the changes to Version V.
CHAIRMAN KELLY explained that Version V moves the start date for
the governor's term of office to the third Monday in February.
Version S had the term of office beginning on the third Tuesday in
January. Currently, under the Constitution, the governor's term
begins the first Monday in December. The four year term will
remain, however it will now begin on the third Monday in February
instead of the first Monday in December. That change will allow 60
days for overseas absentee ballots to be counted and to certify a
runoff election.
CHAIRMAN KELLY asked a representative from the Division of
Elections whether the date of February 18 will allow the division
to conduct and certify a general election and a runoff election, if
necessary, and seat a governor.
GAIL FENUMIAI, Elections Specialist at the Division of Elections,
noted the general election will take place on November 5, 2002 with
a tentative certification date of November 29, 2002. Barring any
recounts or litigation, a runoff election could take place and
certification could be completed prior to the third Monday in
February.
CHAIRMAN KELLY corrected himself and pointed out the third Monday
in February of 2003 will be February 17.
MS. FENUMIAI noted if the general election occurs on November 5,
the division could certify a runoff election around February 13 or
14.
SENATOR LEMAN moved to adopt Version V as the working document of
the committee. There being no objection, the motion carried.
SENATOR LEMAN asked why a specific date is necessary to seat the
governor when legislative terms are identified as the start date of
the legislature or as prescribed by law. He thought if the same
provision held true for the governor, the date could be established
by law, unless a runoff election is necessary, in which case
another date could apply.
CHAIRMAN KELLY asked the legal drafter to respond to whether the
resolution could say, "the third Monday in February or otherwise
prescribed by law."
MS. KATHRYN KURTZ, Division of Legal Services, answered that the
phrase, "the third Monday in February or otherwise prescribed by
law," would provide room in the law to prescribe a later date if a
runoff election was required.
CHAIRMAN KELLY asked if either an earlier or later date could be
prescribed.
MS. KURTZ said that changing the Constitution to include the phrase
"or otherwise as prescribed by law" would allow that latitude.
CHAIRMAN KELLY stated that the Constitution currently says the
legislature is supposed to convene the fourth Monday of every
January unless otherwise prescribed by law and, by law, that date
has been changed to the second Monday in January, or the third
during an election year. In addition, by law, the legislature can
convene earlier or later. Chairman Kelly said he wants to provide
the same flexibility with the governor's race because, under
existing law, it appears the third Monday in February is the
closest date that can be selected that will follow all of the laws
in place.
MS. FENUMIAI said that is correct.
SENATOR LEMAN moved an amendment (Amendment 1) to Version V that
changes the term of office of the governor to four years, beginning
at noon on the third Monday in February, following the
gubernatorial election, unless otherwise prescribed by law, and
ending at noon on the third Monday in February four years later.
CHAIRMAN KELLY suggested adding the phrase "unless otherwise
prescribed by law" after "four years later."
MS. KURTZ agreed that "four years later, unless otherwise
prescribed by law" is the correct language.
CHAIRMAN KELLY noted there is no direct mention of a runoff
election if a majority vote is not received. He asked Ms. Kurtz
how that specific language could be included.
MS. KURTZ said specific language about a runoff election could be
added into Article 5, Section 3, which is in Section 4 of Version
V, by inserting a sentence that says, "If no candidate for the
offices of governor and lieutenant governor receives a majority of
votes cast or 50 percent plus 1 of the votes cast at a general
election, then a runoff election will be held as prescribed by
law."
CHAIRMAN KELLY referred to page 1, Section 3, and asked if a
general election should be left in that section.
MS. KURTZ replied if "a general election" is left in, the
gubernatorial candidate would have to be chosen at the general
election so it would create a conflict.
CHAIRMAN KELLY noted that congressional races must be held on the
second Tuesday of November by federal law.
SENATOR ELLIS asked if that is why they were removed from the bill.
CHAIRMAN KELLY said that is correct.
SENATOR ELLIS asked why Version S eliminated the requirement that
the governor be elected at a general election by removing the word
"general."
CHAIRMAN KELLY answered that the idea was that if no candidate
receives 50 percent of the vote at the general election, a runoff
election will be held.
SENATOR ELLIS asked if removing the word "general" is necessary in
that case because it raises the prospect that a governor can be
elected at anything other than a general election.
MS. KURTZ replied, "I think the differences between a runoff of
that general election and a general election - I would take the
term 'general election' to mean the general election. There is
one, it happens on one date, and the runoff election is a separate
election that follows up on the general election. That would be
the reason to take out the word 'general'."
CHAIRMAN KELLY suggested that the committee take a second look at
that issue because the intention is that candidates for governor
will be on the general election ballot and if one candidate
receives 50 percent of the vote plus one, that candidate is
elected. He suggested retaining the word "general" and working
around it and adding specific language explaining that a runoff
election will be held if a candidate does not get at least 50
percent of the vote plus one at the general election. He also
suggested adding the words "of the top two vote getters." Chairman
Kelly asked how that phrase is used in existing statute.
MS. FENUMIAI replied that phrase does not appear in existing
statute. The statute says the candidate with the most votes is
declared the winner. She noted when other states hold runoffs
for primary elections, they talk about the top two vote getters.
CHAIRMAN KELLY thought that phrase has to be included.
SENATOR LEMAN remarked that he understands the purpose of
clarifying this procedure in the Constitution, but he is not sure
that phrase is necessary because Section 4 says methods of voting
shall be prescribed by law. He noted the law must be consistent
with the Constitution and the law will establish the methodology.
CHAIRMAN KELLY said that is true, however it is entirely possible
that someone will not prescribe that by law before the next
election, at which time anyone taking this to court will have to
rely on the constitutional amendment. He thought if it is not
prescribed by law right now in this amendment, people might be
confused or the next legislature might change it to the top three
candidates, for example. He said this legislature intends that
this apply to two candidates, which is why one must receive 50
percent plus one vote.
SENATOR ELLIS said it is hard to say as this bill breaks new ground
in the nation.
SENATOR MILLER pointed out that the State of Louisiana weeded out
all candidates in the primary to the top two for the general
election for a number of years. The general election could consist
of the top two vote getters which could have been two Democrats.
SENATOR ELLIS asked in what state the Senate decides who wins.
SENATOR MILLER replied that is the State of Mississippi.
CHAIRMAN KELLY asked Senator Robin Taylor if he agrees that the
bill should specifically say the top two candidates will advance to
the runoff election.
SENATOR TAYLOR replied, "You may need something like that. When it
comes to the question of a general and runoff election, there is a
possibility you can have a governor elected by a special election
also. You shouldn't discount that. That's why I think that
perhaps we took out the word 'general'."
CHAIRMAN KELLY asked how a governor could be elected in a special
election.
SENATOR TAYLOR answered that if an impeachment occurred early
enough in the term a special election could be held.
SENATOR LEMAN asked if the lieutenant governor would serve in that
circumstance.
SENATOR TAYLOR said there are provisions for a special election.
MS. FENUMIAI confirmed that those provisions do exist but she was
not prepared to speak to them at this time. She referred to AS
15.40 and noted a special election could occur for the offices of
U.S. senator or the governor within 30 days of the date of vacancy.
She pointed out that provision has special requirements.
CHAIRMAN KELLY asked that the committee adopt a conceptual
amendment pertaining to the top two vote getters and that Ms. Kurtz
work on the correct language.
SENATOR ELLIS asked for clarification of the conceptual amendment.
CHAIRMAN KELLY explained that the proposed amendment would pertain
to the top two candidates, resolve the general election concerns,
and make certain that it allows for a special election if needed.
SENATOR PEARCE asked if it would pertain to the top two vote
getters.
CHAIRMAN KELLY said yes, regardless of political parties. He noted
it is possible that both candidates could be Democrats or
Republicans.
SENATOR PEARCE asked for clarification and whether he was speaking
to the primary election.
CHAIRMAN KELLY said the top two vote getters, regardless of
political parties, will run in the general election.
SENATOR PEARCE said there is no way that two people from the same
party could get on the ballot for the general election.
CHAIRMAN KELLY said correct.
SENATOR LEMAN moved to adopt the conceptual amendment as described
by Chairman Kelly. There being no objection, the motion carried.
CHAIRMAN KELLY announced that as soon as the committee substitute
is prepared, it will be distributed to committee members.
SENATOR LEMAN moved to calendar CSSJR 40(RLS).
SENATOR ELLIS objected. The motion carried with Senators Leman,
Miller, Pearce, and Kelly voting "yea," and Senator Ellis voting
"nay."
There being no further business to come before the Senate Rules
Committee, Chairman Kelly adjourned the meeting at 3:35 p.m.
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