03/10/2011 08:00 AM House STATE AFFAIRS

           HJR 14-CONST AM: SEC. OF STATE REFERENCES                                                                        
                                                                                                                                
8:32:50 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the final order of  business was HOUSE                                                               
JOINT   RESOLUTION   NO.   14,  Proposing   amendments   to   the                                                               
Constitution  of   the  State  of  Alaska   to  correct  obsolete                                                               
references to  the office of  secretary of state  by substituting                                                               
references to the office of lieutenant governor.                                                                                
                                                                                                                                
8:33:20 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:33 a.m. to 8:35 a.m.                                                                       
                                                                                                                                
8:35:21 AM                                                                                                                    
                                                                                                                                
TED  MADSEN, Staff,  Representative Max  Gruenberg, Alaska  State                                                               
Legislature,  presented  HJR  14   on  behalf  of  Representative                                                               
Gruenberg, sponsor.  He explained  that in 1970, the public voted                                                               
in support  of amending the  Constitution of the State  of Alaska                                                               
so that the term "secretary  of state" was changed to "lieutenant                                                               
governor";  however, two  references to  secretary of  state were                                                               
overlooked  [in  Article  II,  Section 5,  and  in  Article  III,                                                               
Section 25], and HJR 14 would correct that oversight.                                                                           
                                                                                                                                
8:36:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  noted that Article  II, Section 5,  of the                                                               
Constitution of the State  of Alaska addresses disqualifications.                                                               
He  referred  to a  sentence  within  Section  5, which  read  as                                                               
follows:                                                                                                                        
                                                                                                                                
     During  the term  for which  elected and  for one  year                                                                    
     thereafter,  no legislator  may be  nominated, elected,                                                                    
     or appointed to any other  office or position of profit                                                                    
     which has been created, or  the salary or emoluments of                                                                    
     which have been increased, while he was a member.                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON asked  about per  diems received  by those                                                               
serving on, for example, legislative task forces.                                                                               
                                                                                                                                
8:37:15 AM                                                                                                                    
                                                                                                                                
MR.  MADSEN  said  he  is  not   an  expert  in  matters  of  the                                                               
Constitution of the State of  Alaska, and he highlighted that the                                                               
purpose  of  the  proposed  resolution  is  only  to  change  the                                                               
remaining references  to secretary  of state,  so that  they read                                                               
lieutenant governor.                                                                                                            
                                                                                                                                
8:37:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   offered   his   understanding   that                                                               
Representative  Seaton's  query  is  addressed in  a  legal  case                                                               
related to Nick Begich.                                                                                                         
                                                                                                                                
8:38:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  said he  has  no  objection to  the  name                                                               
change proposed  in the  bill, but was  curious about  the matter                                                               
related to position of profit.                                                                                                  
                                                                                                                                
8:38:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  offered her belief that  the purpose of                                                               
a per diem is to cover  expenses; therefore, it is not considered                                                               
profit.                                                                                                                         
                                                                                                                                
8:39:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN concurred.                                                                                              
                                                                                                                                
8:39:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  observed  that   the  resolution  is  not                                                               
mandatory  in making  the  Constitution of  the  State of  Alaska                                                               
understood, but is more of a housekeeping matter.                                                                               
                                                                                                                                
8:39:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG, in  response to Representative Seaton's                                                               
previous remark, read the annotations to Article II, Section 5.                                                                 
                                                                                                                                
8:41:02 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN asked if there was anyone else who wished to testify.                                                                
                                                                                                                                
8:41:19 AM                                                                                                                    
                                                                                                                                
MR. MADSEN,  in response to Representative  Keller's observation,                                                               
said  in case  law "secretary  of  state" is  understood to  mean                                                               
"lieutenant governor";  however, he said the  correction proposed                                                               
in HJR 14 would uphold the  reputation of the Constitution of the                                                               
State of Alaska  as being one of the best  state constitutions in                                                               
the country.                                                                                                                    
                                                                                                                                
8:41:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  expressed his  appreciation of  the narrow                                                               
resolution title.                                                                                                               
                                                                                                                                
8:41:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to  report HJR  14 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  HJR 14 was reported out of the                                                               
House State Affairs Standing Committee.