Legislature(2009 - 2010)BUTROVICH 205
04/14/2010 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB408 | |
| HB251 | |
| HB253 | |
| HB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 36 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 251 | ||
| = | HB 253 | ||
| = | HB 408 | ||
HB 36-INITIATIVES: CONTRIBUTIONS/ PROCEDURES
8:37:57 AM
CHAIR FRENCH announced the consideration of HB 36. The committee
heard an overview of the bill yesterday and public testimony was
taken. He welcomed Lieutenant Governor Campbell and noted that
he was available to answer questions. [CSSSHB 36(FIN) AM was
before the committee.]
CHAIR FRENCH moved to adopt Amendment 1, labeled 26-LS0197\CA.2,
and objected for the purpose of discussion. He explained that it
clarifies that the hearings on initiatives will be certified by
the lieutenant governor and it narrows the scope of the work
that the Legislature will do to review an initiative.
AMENDMENT 1
Page 7, lines 30 - 31:
Delete "Review of initiatives certified by
the lieutenant governor by standing committees of the
legislature"
Insert "Legislative hearings on initiatives
certified by the lieutenant governor"
Page 8, line 3:
Delete "conduct reviews"
Insert "hold at least one hearing"
8:39:20 AM
CHAIR FRENCH moved to adopt a conceptual amendment to Amendment
1 on page 8, line 3, to clarify that the presiding officers of
the House and Senate shall select the standing committee that
will hear the initiative.
SENATOR WIELECHOWSKI asked if on page 8, line 1, the phrase
"shall consider an initiative" will be changed to "have a
hearing".
CHAIR FRENCH agreed the language should be consistent throughout
the bill.
Finding no objection to the conceptual amendment, Chair French
announced that it is adopted and that Amendment 1 is again
before the committee.
SENATOR WIELECHOWSKI suggested it would be reasonable to add the
language in subsection (c) on page 7, lines 16-17 to Section 15
of the bill.
CHAIR FRENCH agreed. Finding no further objection, he announced
that Amendment 1, [as conceptually amended], is adopted.
8:44:02 AM
SENATOR MCGUIRE moved Amendment 2.
AMENDMENT 2
Page 8, line 1:
Delete "consider"
Insert "hold a hearing on"
There being no objection, Amendment 2 was adopted.
CHAIR FRENCH said Amendment 3, by Senator Wielechowski, is to
add to Section 15, the language that is in subsection (c) of
Section 12.
SENATOR WIELECHOWSKI suggested making it applicable to the whole
chapter.
CHAIR FRENCH said he completely agrees with the idea of adding
it to Section 15, but he'd want to hear from Mr. Bullard before
going further than that.
8:45:40 AM
SENATOR WIELECHOWSKI moved to adopt conceptual Amendment 3.
CONCEPTUAL AMENDMENT 3
Add the following language to Section 15:
"Penalties for a violation of this section may not
include removal of an initiative from the ballot."
SENATOR COGHILL objected. Noting that there isn't an affirmative
penalty, he asked if the idea is to leave it open for other
penalties.
CHAIR FRENCH asked Mr. Bullard to comment.
ALPHEUS BULLARD, attorney, Legislative Legal Services,
Legislative Affairs Agency, said he wouldn't advise this
language being applied anywhere. It's clear in the Constitution
that the only way that an initiative can be removed from the
ballot is if the Legislature passes a substantially similar
measure or if a court finds that it's an unconstitutional use of
the initiative power. Including the proposed language throughout
the bill obscures that fact, he said.
CHAIR FRENCH summarized that Mr. Bullard is cautioning against
the Legislature inserting itself statutorily when the
Constitution already gives clear direction.
MR. BULLARD agreed that is his position.
SENATOR WIELECHOWSKI questioned the harm in including the
provision.
MR. BULLARD replied the fact that the language is in Section 12
begs the question of why it wasn't included in Section 15 and
others. "While it won't change what the constitution provides, I
think that it obscures that reality," he said.
SENATOR WIELECHOWSKI said that's why he advocates applying it to
the whole chapter.
CHAIR FRENCH reviewed Article 11 of the Alaska Constitution
8:49:24 AM
SENATOR WIELECHOWSKI offered to withdraw the amendment if the
committee wanted to think about it overnight.
CHAIR FRENCH asked Miss Christensen to tell the committee about
the House debate on this provision.
SONIA CHRISTENSEN, staff to Representative Johansen, explained
that the language in Section 12, subsection (c) was conceptual
added in the House Finance Committee. Representative Gara wanted
to make it clear that "funny business" by the Legislature or the
lieutenant governor would not result in an initiative being
defaulted from the ballot. The sponsor doesn't object to adding
the provision to Section 15, she said.
CHAIR FRENCH asked if Representative Gara made the conceptual
amendment with the benefit of counsel from Legislative Legal
Services.
MS CHRISTENSEN replied she wasn't sure.
CHAIR FRENCH asked Senator Wielechowski if he would withdraw the
amendment because Senator Coghill had to leave due to another
commitment.
SENATOR WIELECHOWSKI said the point that it could set off legal
challenges if it's in one section and not another is well taken,
which is why he would urge consistency.
CHAIR FRENCH said he's considered removing the provisions about
a public hearing and hearings by the Legislature because some
people see it as an impediment to the initiative process.
8:52:54 AM
SENATOR WIELECHOWSKI withdrew conceptual Amendment 3.
SENATOR MCGUIRE asked the committee to consider adding a
severability clause.
CHAIR FRENCH asked Mr. Bullard to remind the committee about
severability.
MR. BULLARD advised that there is a severability clause in Title
1 of the statutes, so while it would do no harm to include it,
it's not necessary.
CHAIR FRENCH said the basic idea behind Amendment 4 is to ask
the lieutenant governor to make reasonable efforts to broadcast
the hearings so that they reach people who aren't living in
population centers.
8:55:34 AM
CHAIR FRENCH moved Amendment 4, labeled 26-LS0197\CA.5.
AMENDMENT 4
Page 7, following line 17:
Insert a new subsection to read:
"(d) If the lieutenant governor determines that
it is technologically and economically feasible, the
division shall provide a live audio and video
broadcast of each hearing held under (a) of this
section on the division's Internet website."
There being no objection, Amendment 4 was adopted.
CHAIR FRENCH, noting that HB 36 was drafted before the Citizens
United decision, asked Mr. Bullard if the language could be
tightened by substituting the word "person" for "individual,
person, nongroup entity, or group" throughout the bill.
MR. BULLARD cautioned that he hadn't had much time for review,
but the language could be amended a little in sections 1 and 6.
Section 1, page 1, lines 6 and 8, could read "every person" on
each line. Section 6, page 3, line 7, could read "An initiative
committee or other person".
CHAIR FRENCH asked if he agrees that this changes nothing; it
simply makes it more concise.
MR. BULLARD replied he was hesitant to say that's completely
true because he hadn't given it the time to know for certain.
CHAIR FRENCH said he wouldn't offer the amendment just yet, but
it's on his mind.
CHAIR FRENCH announced he would hold HB 36 in committee for
further work.
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