Legislature(2009 - 2010)CAPITOL 120
03/12/2010 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB253 | |
| HJR38 | |
| HB408 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 253 | TELECONFERENCED | |
| *+ | HB 408 | TELECONFERENCED | |
| + | HJR 38 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 38 - CONST. AM: INCREASE NUMBER OF LEGISLATORS
1:52:59 PM
CHAIR RAMRAS announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 38, Proposing amendments to the
Constitution of the State of Alaska relating to and increasing
the number of members of the house of representatives to forty-
eight and the number of members of the senate to twenty-four.
[Before the committee was CSHJR 38(STA).]
1:53:40 PM
REPRESENTATIVE PEGGY WILSON, Alaska State Legislature,
paraphrased from the following written sponsor statement
[original punctuation provided]:
HJR 38 will put a constitutional amendment before the
voters in the 2010 general election that would
increase the size of the legislature to 44
representatives and 22 senators. Upon voter approval,
the measure would apply to the 2012 determination of
new boundary's for the election district.
In the first 50 years of statehood, Alaska has not
changed the 20 senator, 40 representative size of its
legislative body, the smallest bicameral legislature
in the nation. In this time span, the population of
the state has more than tripled. Most significantly,
the population increase is disproportionate, strongly
favoring large urban areas over rural and small
community areas. The task then of applying the
proscriptions of Article VI, above, has
correspondingly become more difficult and contentious.
Except for the 1960 reapportionment, all subsequent
reapportionments have faced successful legal
challenges, requiring boundary adjustments and on
several occasions, a court constructed plan.
Federal protections of the U.S. Voter Rights Act of
1965 for large minority concentrations further
complicate Alaska's reapportionment process. Indeed,
they can act to counter the Section 6 requirements.
Rural election district distortions are evident in the
current plan. There is a probability that the new
population distribution of the 2010 census cannot
reconcile Section 6 and the Voter Rights Act without
increasing the size of the legislature.
Between 1960 and 2006, twenty nine states have changed
the size of their legislative body. For the nine
states with small populations similar to Alaska
(509,000 to 1,429,000), the average size of their
legislative bodies is 134 members.
Another measure of the effect of the state's growth
and complexity on the work of the legislature is its
budget responsibilities. Legislative expenditures for
government programs and projects has risen from a
figure of $104 million in FY 61 to somewhere in the
neighborhood of $7 billion currently. This is an
increase from $2700 per capita in 1961 nominal dollars
to $10,000 per capita today.
For these reasons, putting a proposal to increase the
size of the legislature before the voters is timely
and merited.
[Chair Ramras passed the gavel to Vice Chair Dahlstrom.]
REPRESENTATIVE P. WILSON then remarked that HJR 38 would provide
Alaskans that reside in expanding rural districts better access
to their legislators. Although rural residents will never have
the ease of access urban residents experience, an increase in
the size of the legislature may maintain access similar to what
currently exists. For the aforementioned reasons,
Representative Wilson requested the committee forward HJR 38 so
that the initiative can be placed before voters in 2010.
REPRESENTATIVE P. WILSON, in response to comments and questions,
directed the committee's attention to a map entitled "State of
Alaska - Amended Final Redistricting Plan" which highlights just
one Senate district. She opined that the large and spread out
district illustrates how difficult it has become for some
legislators to represent and know the people in their district.
If nothing is done, the highlighted district will become much
larger, and the remaining districts will become more condensed
in the urban areas. Representative P. Wilson characterized it
as a fairness issue to the legislator and the constituents. She
informed the committee that the district illustrated on the map
is the largest district in the United States.
REPRESENTATIVE HERRON questioned why an individual would be
concerned about the size of a state since the 1965 Voting Rights
Act changed [national representation] to be based on population
rather than area. Therefore, he inquired as to who would
advocate for the ballot measure in rural areas besides rural
legislators.
2:02:28 PM
REPRESENTATIVE GRUENBERG offered his belief that HJR 38 will
benefit [urban districts]. For example, he represents the
distinct socio-economic area of Mountain View and this
resolution would allow the district to be small and cohesive
much like in rural districts that have the same heritage,
language, and economy.
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]
REPRESENTATIVE GRUENBERG opined that to get HJR 38 passed and
before the voters it will be essential for urban supporters of
the resolution to join with rural supporters. Although the
resolution may allow rural districts to retain a couple of
seats, the main accomplishment of the resolution will be to keep
districts small. In further response to comments,
Representative Gruenberg said that he wouldn't have a problem
advocating for the proposed ballot measure.
REPRESENTATIVE HERRON said he supports HJR 38.
CHAIR RAMRAS related a discussion he had regarding HJR 38 and
keeping the Senate at 20 members and increasing the House to 60.
Although the aforementioned would make the House the People's
House, the fiscal note would be large.
2:08:32 PM
REPRESENTATIVE GATTO pointed out that under HJR 38, the
representation doesn't change as every resident would continue
to have one representative and one senator. With regard to the
large district referenced earlier, the resolution would reduce
its size but it would remain large. Furthermore, constituents
aren't happy with [government], and therefore he questioned why
anyone would vote to increase the number of legislators.
REPRESENTATIVE GRUENBERG surmised that if the resolution and
subsequent ballot measure is approved, it would have to be
precleared by the U.S. Department of Justice. He inquired as to
when the preclearance occurs.
2:11:28 PM
MARGARET PATON WALSH, Assistant Attorney General, Labor and
State Affairs Section, Department of Law (DOL), explained that
the preclearance would occur after the ballot measure is
approved. However, the preclearance paperwork could be prepared
ahead of time so that if the ballot measure is approved, the
paperwork could be then filed with the U.S. Department of
Justice (DOJ) the next [business] day. She further explained
that the DOJ has a 60-day turnaround time during which it could
ask for more information, approve, or disapprove of the ballot
measure. If the U.S. Department of Justice requests more
information, then another 60-day period begins. Ms. Paton Walsh
said that although the timing would be tight, it could be
achieved, particularly if the DOJ was amenable to the amendment.
2:12:38 PM
REPRESENTATIVE GRUENBERG surmised, then, that it would be
possible to implement for the election in 2012.
MS. PATON WALSH related that the redistricting process will
begin in early 2011 and each state's data will be issued from
mid January through April. Although she said she didn't know
when Alaska will receive its data, last time the states were
provided the data in alphabetic order of the states. Therefore,
DOL is planning to be prepared for an early January date. Ms.
Paton Walsh explained that if the data is received in mid
January, then the [redistricting] board would be provided 30
days to develop plans and another 60 days of hearings for those
plans in order to have adopted a plan by April. By the time the
[redistricting] board starts its work, DOL will want to know how
many districts are going to be created. She reviewed a scenario
in which it would be early January, which would be just prior to
receipt of data from the U.S. Census Bureau. As long as the DOJ
preclears within the 60-day timeframe, the process should
proceed fine.
2:14:15 PM
REPRESENTATIVE GRUENBERG asked whether Ms. Paton Walsh is aware
of any other issue in Alaska that will need to be precleared.
MS. PATON WALSH responded no, not other than the plan itself.
Although she noted that the Division of Elections may have some
changes that would require preclearance, the preclearance
requests are independent. Therefore, she didn't believe that
any other preclearance issues for the state would impact this
situation.
2:15:52 PM
BRUCE BOTELHO, after mentioning that although he's the mayor of
the City & Borough of Juneau, he's speaking in his private
capacity. He then mentioned he has served as attorney general
and deputy attorney general for the state and was intensely
involved with reapportionment for the 1990 plus plan that was
finally adopted in 1994 and in 2002. Mr. Botelho related his
support for HJR 38. In response to earlier questions and
comments, Mr. Botelho explained that since the U.S. Constitution
has been interpreted to mean one person one vote, that will be
the case regardless of the size of the legislature. With regard
to why, then, it should be changed and who will speak for the
ballot measure, Mr. Botelho opined that people intuitively know
that a person who represents a more compact district will have
an easier time communicating with his/her constituents than a
person with a larger district. Without a change to the state
constitution, the challenge to the next reapportionment board
will be great and will exacerbate the geographic disparity in
the state. In conclusion, Mr. Botelho recommended the
resolution as it was originally proposed with a House body of 48
as it would minimize the increase of the footprint of any given
district while preserving the symmetry in the constitution,
particularly with regard to super majority votes whether they be
two-thirds or three-quarters votes.
REPRESENTATIVE GATTO opined that although there is an optimum
number, he doubted that it's 48 and suggested that it's more
likely that we should reflect New Hampshire. He asked why Mr.
Botelho chose 48.
MR. BOTELHO answered that 48 most nearly represents districts in
geographic size as they are today, that is the largest
districts. He remarked that there is no optimum number as one
must consider the expense, the space, and the functionality of
the body versus the ability to provide better access between
representatives and their constituents.
2:21:23 PM
REPRESENTATIVE GRUENBERG asked if Mr. Botelho knows how other
local governments feel about this proposal.
MR. BOTELHO related his understanding that the only body that
has extensively debated the issue is the Conference of Southeast
Mayors, which has adopted a resolution in support.
2:22:09 PM
REPRESENTATIVE GATTO, referring to the fiscal note, asked if
there is any part of analysis of this proposal that will cost
the state money that isn't included in the fiscal note.
2:22:53 PM
KARLA SCHOFIELD, Deputy Director, Accounting, Legislative
Administrative Services, Legislative Affairs Agency, answered
not that she is aware of, although she said the fiscal note is
the best judgment of what to expect. In further response to
Representative Gatto, Ms. Schofield pointed out that there are
funds in the contractual line item for an increase in office
space rent. However, until after redistricting it won't be
apparent whether the Anchorage Legislative Information Office
(LIO) or the smaller LIOs will require increased space or
whether there would be the need for an LIO in a new location.
There is also funding for a position for part-time LIO officers
for session only. She pointed out that the funding is included
in the personal services line item and is outlined on page 2 of
the fiscal note. The $1.9 million in personal services includes
salaries and benefits for the legislators and their staff as
well as additional LAA staff, including an additional attorney,
two LIO officers, and one enroller or Help Desk technician. She
then pointed out that the office rent is included in the
contractual line item, which includes an increased amount for
allowance accounts for the additional legislators as well as
connectivity costs and an increase in office space rent.
2:25:31 PM
CHAIR RAMRAS, upon ascertaining no one else wished to testify,
closed public testimony on HJR 38.
2:25:43 PM
REPRESENTATIVE HERRON moved to report CSHJR 38(STA) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHJR 38(STA) was
reported from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HJR38 Sponsor Statement.pdf |
HJUD 3/12/2010 1:00:00 PM |
|
| 03 HJR38 CS(STA)-LEG-COU-2-18-10.pdf |
HJUD 3/12/2010 1:00:00 PM |
|
| 04 HJR38 -OOG-DOE-2-1-10.pdf |
HJUD 3/12/2010 1:00:00 PM |
|
| 05 HJR38 District Numbers.pdf |
HJUD 3/12/2010 1:00:00 PM |
|
| 06 HJR38 Article re two redistrictings possible.pdf |
HJUD 3/12/2010 1:00:00 PM |
|
| 02 HJR38 Bill HSTA CS v. R.pdf |
HJUD 3/12/2010 1:00:00 PM |
|
| 01 HB253 Sponsor Statement.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 253 |
| 02 HB253 ver A.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 253 |
| 03 HB253 Fiscal Note-CED-COM-2-26-10.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 253 |
| 04 HB253 Letters of Support.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 253 |
| 01 HB408 Sponsor Statement.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |
| 02 HB408 Bill v. A.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |
| 03 HB408-LAW-CRIM-03-08-10.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |
| 04 HB408 NRA Background information.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |
| 05 HB408 Leg. Legal opinion 2.16.10.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |
| 06 HB408 Caron v. US.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |
| 07 HB408 Gabrielle v. DPS.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |
| 08 HB408 Support.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |
| HB408 AS11.61.20011_05_08.pdf |
HJUD 3/12/2010 1:00:00 PM |
HB 408 |