Legislature(1995 - 1996)
02/20/1995 01:34 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HOUSE JOINT RESOLUTION NO. 5
Proposing amendments to the Constitution of the State
of Alaska relating to terms of legislators.
Representative Therriault, sponsor of HJR 5, gave a brief
overview of the legislation. He noted that the resolution
is designed to bring term limits to the State of Alaska
Legislature. He observed that the legislation treats the
House and Senate the same. Members of each body would be
limited to twelve regular sessions of continuous service
before being required to depart for two regular sessions.
He noted that discussions had suggested that term limits
from 8 to 16 years be adopted. He observed that "regular
sessions" served will be used to calculate "sessions"
served. A person could not serve more than 12 consecutive
regular legislative sessions. They could not hold office
again until two regular legislative sessions have elapsed.
Representative Therriault observed that section 2 clarifies
that special sessions do not count toward the 12 regular
sessions. He added that the House Judiciary Committee
amended the legislation to allow a Senate term to be
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completed if the 12 years fell in the middle of a term.
Representative Therriault noted that a member could be
appointed to serve before, during or after they run for
elective office. The legislation states that an appointment
to fill a vacancy shall not be considered when tabulating
tenure, unless it is the result of resignation from one
House to fill the appointment in the other House.
Representative Navarre expressed support for HJR 5. He
preferred an immediate effective date. He suggested that
House terms be staggered terms of four years. He emphasized
the high expense and time required to ensure a successful
election.
In response to a question by Representative Mulder,
Representative Therriault clarified that any combination of
House and Senate service that equals 12 consecutive years
would trigger the cut off, unless the individual is half way
through a Senate term, in which case they would finish the
term.
Representative Therriault stressed problems associated with
an immediate effective date. He noted that the resolution
would not be voted on untill the next election. He
emphasized that members could be immediately cut off if they
have served 12 years, even if they were just elected.
Representative Kelly questioned if a series of plans could
be put on the ballot. Representative Therriault stated that
a resolution could not list different options. He did not
feel that a member's effectiveness would be limited by the
knowledge that they would not be allowed to run during the
next election. He stressed that they could run after the
two year waiting period. He emphasized that the intent is
to try and reduce the incumbent's advantage.
Representative Brown suggested that the resolution be
effective two years after being adopted during a general
election. She questioned the necessity of creating an
exception for members being appointed to another House. She
asked how appointments would be counted. Representative
Therriault clarified that appointments would not be count
toward the 12 years. He clarified that the intent in
providing an exception for members who resign from one House
to fill the appointment in the other House, is to prevent
the appointment from being interpreted as a break in service
that would invalidate the prior time served.
Representative Navarre noted the high percentage of turnover
among House members.
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Representative Martin emphasized that the resolution will
result in public debate. He emphasized that the
constitutional amendment needs to be clearly stated. He
observed that the National State Legislative Conference
recommends term limits of 12 years.
Representative Therriault agreed that the Alaska State
Legislature has a healthy turnover. He emphasized that the
legislation is designed for the exception. He argued that a
member can effectively serve their district in 12 years. He
reiterated that a member can run again after the two year
break.
In response to a question by Representative Parnell,
Representative Therriault observed that the United States
Supreme Court has agreed to take under consideration the
State of Arkansa's Supreme Court ruling that the State could
not restrict eligibility of federal candidates.
Representative Kelly stated his preference for the addition
of "in one body" after "consecutively" on page 1, line 9;
and the change from "12" to "8". The amendment would allow
a person to serve 8 years in the House and then 8 years in
the Senate without a break.
Co-Chair Hanley clarified that a person would have to sit
out two years before serving again in the same body.
Representative Brown asked if subsection (c) on page 2 would
be affected. Co-Chair Hanley pointed out that the amendment
as suggested would allow a member to return to the House
after serving 8 years in the Senate and 8 years in the
House. A member could continue to serve if they switched
bodies every 8 years. Representative Kelly clarified his
intent that a member be allowed to serve eight years in the
House then 8 years in the Senate, and then be required to
sit out two years before returning to service. Co-Chair
Hanley suggested that the amendment would need further
drafting.
Representative Martin reiterated that constitutional
amendments should be short and clear.
Representative Therriault pointed out that members that did
not move to the Senate would be limited to eight years in
the House. He argued in favor of the original bill. Co-
Chair Hanley expressed support for Representative
Therriault's original version.
Representative Kelly argued that the right of the people to
elect the representative of choice should be protected. He
asserted that the needs of the district must be considered.
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Representative Therriault noted that 22 states have passed
initiatives to limit the terms of their congressional
members. Of those 22 all but 2 (Alaska and North Dakota)
have also enacted term limits for their state
representatives.
HJR 5 was HELD in Committee for further discussion.
(Tape Change, HFC 95-24, Side 2)
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