03/05/1998 01:40 PM House FIN

HOUSE JOINT RESOLUTION NO. 36                                                  
                                                                               
Proposing amendments to the Constitution of the State                          
of Alaska relating to redistricting of the                                     
legislature, and repealing as obsolete language in the                         
article setting out the apportionment schedule used to                         
elect the members of the first state legislature.                              
                                                                               
Co-Chair Therriault spoke to changes made to Page 3, Line                      
19, resulting from Committee concerns.  The change keeps                       
the 60-day requirement which could be problematic.   Co-                       
Chair Therriault noted that Amendment #2 would address that                    
concern.  [Copy on file].  It would guarantee the                              
transition from one plan to the next.                                          
                                                                               
Co-Chair Therriault MOVED to adopt Amendment #2.                               
                                                                               
(Tape Change HFC 98- 54, Side 2).                                              
                                                                               
Co-Chair Therriault explained the intent addressed concerns                    
in those areas of the State which could loose                                  
representation because their population had declined. That                     
could result in litigation to keep the old plan in place                       
for two years.                                                                 
                                                                               
Representative Mulder questioned if the timing would cause                     
concern for the Court system.  Co-Chair Therriault noted                       
that the Court established a plan with minor flaws to work                     
as an interim plan.                                                            
                                                                               
Representative J. Davies voiced concern that should there                      
be a legal challenge and if that challenge was resolved 30                     
days before the election, then which plan would the                            
election be held under.  Co-Chair Therriault responded that                    
the Courts have moved the primary date back in previous                        
years to accommodate all the time lines.  In working with                      
the Division of Elections, the Court could make it work.                       
                                                                               
There being NO OBJECTIONS to Amendment #2, it was adopted.                     
                                                                               
Representative J. Davies MOVED to adopt Amendment #3.                          
[Copy on file].  Co-Chair Therriault OBJECTED.                                 
Representative J. Davies stated that Amendment #3 would                        
address an issue raised by Assistant Attorney General                          
Baldwin.  It would allow the redistricting board to take                       
into account and deduct non-resident military personnel and                    
dependants.                                                                    
                                                                               
Co-Chair Hanley opposed the amendment, which he felt would                     
be unconstitutional.  Representative Mulder added that from                    
the Hickel vs. Southeast Conference case in 1992, the Court                    
found it impossible to accurately identify non-resident                        
military personnel.  Representative Martin echoed his                          
opposition.  Representative J. Davies WITHDREW the MOTION                      
to adopt Amendment #3.  There being NO OBJECTION, it was                       
withdrawn.                                                                     
                                                                               
Representative Mulder MOVED to report CS HJR 36 (FIN) out                      
of Committee with individual recommendations and with the                      
accompanying fiscal note.                                                      
                                                                               
CS HJR 36 (FIN) was reported out of Committee with a "do                       
pass" recommendation and with a fiscal note by the Office                      
of the Lt. Governor dated 1/23/98.