Legislature(2015 - 2016)BUTROVICH 205
03/29/2016 09:00 AM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SJR12 | |
| HB128 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 12 | TELECONFERENCED | |
| + | HB 128 | TELECONFERENCED | |
| + | TELECONFERENCED |
SJR 12-CONST. AM: ELECTED ATTORNEY GENERAL
9:01:36 AM
CHAIR STOLTZE announced the consideration of SJR 12. He noted
that the resolution was heard during the previous session and
public testimony was left open.
SENATOR COGHILL remarked that electing an attorney general was
something that the people of Alaska could and should decide. He
said he was in agreement with the forward motion on electing an
attorney general and noted that the legislation had been
proposed in the past by Republicans and Democrats alike. He
declared that the state has a very strong gubernatorial office,
but remarked that quite often a tension exists between an
advocate for the people of Alaska and an advocate for the
governor. He said his understanding was that under the Alaska
Constitution, the attorney general would be both an advocate for
the people of Alaska as well as the governor. He remarked that
tensions had clearly occurred in the past between the general
population and what the governor wanted. He opined that electing
an attorney general was one good way of a check and balance, a
concept that the government was built upon. He summarized that
he supported SJR 12 and noted that the 21st Legislature
initially proposed voting for an attorney general.
9:03:27 AM
CHAIR STOLTZE shared a quote from November 7, 1955 by Senator
William Egan of Valdez, territorial senator and chairman of the
Constitutional Convention as follows:
I am in favor of a strong executive branch of
government in order that the people might be able to
place the finger of responsibility without buck-
passing. There should be a minimum of other elected
officials. One office I feel should most certainly
remain elective is that of state attorney general. It
would seem to me that this would provide a safeguard
against a strong chief executive usurping the powers
of his office.
He noted that the attorney general was elected during
territorial days.
He remarked that Governor Egan was certainly a visionary given
that he was the state's first governor. He remarked that
Governor Egan certainly believed in a strong executive branch
and opined that a strong executive branch has largely served
Alaska well. He said as one of the state's founders, Governor
Egan predicted many of the things that did happen, but added
that he did not know if Governor Egan's position changed when he
was appointed attorney general.
SENATOR COGHILL asserted that one of the things that people felt
very strongly about was being able to have their voice. He
remarked that voting for an attorney general may place the
position into a political area, but electing an attorney general
was more about the people of Alaska getting their voice. He said
his experience throughout the years has been that the office of
the attorney general has been highly political based on what
governors want. He said SJR 12 may be a better approach to find
out what the people of Alaska want.
9:05:21 AM
SENATOR WIELECHOWSKI joined the committee meeting.
CHAIR STOLTZE announced that the committee would hear public
testimony.
9:06:36 AM
STUART THOMPSON, representing himself, Wasilla, Alaska,
testified in opposition of SJR 12. He said there was no need to
reinvent the wheel and suggested that the materials reviewed by
the framers during the Constitutional Convention be looked at
first. He summarized that having the people vote was a very
standard idea, but noted that he was concerned as to what
happens if the attorney general position was made an elected
office and its effect on people trying to get elected.
9:08:29 AM
SENATOR MCGUIRE joined the committee meeting.
9:10:34 AM
At ease.
9:10:58 AM
CHAIR STOLTZE called the committee back to order.
9:11:31 AM
LAURA BONNER, representing herself, Anchorage, Alaska, stated
that she opposed SJR 12 for the following reasons: removal would
require a recall, current confirmation process provided a more
thorough vetting process, politicizing the attorney general
position may result in legal positions being swayed by public
pressure, and a possible issue due to campaign contributions.
She noted that running for office costs a lot of money. She set
forth that she preferred the arms-length distance from the
political process for the selection of the attorney general.
9:13:57 AM
SENATOR MCGUIRE noted that she has heard previous testimony that
the idea of electing an attorney general would be more
political. She noted that a governor was politically elected and
asked how the act of a governor selecting the attorney general
was not political.
9:15:00 AM
MS. BONNER concurred that the governor selecting the attorney
general was political. She specified that the Legislature has
its own legal counsel and the governor should have a close
relationship with the attorney general as his or her own
counsel. She said she was mostly concerned about campaign
contributions and how an attorney general may be swayed, just as
judges should never be elected as well.
SENATOR MCGUIRE replied that Ms. Bonner's argument held weight
where having an attorney general and governor on opposite
philosophical or political positions would not be desired. She
opined that she was concerned that Alaska's attorney generals
have been acting less as the attorney general and more as the
legal counsel for the governor. She asked if Ms. Bonner would
consider allowing a governor to have their own legal counsel.
MS. BONNNER replied that Senator McGuire's proposal would cost
the state more and she remained opposed to SJR 12.
9:18:33 AM
CHAIR STOLTZE closed public testimony on SJR 12.
He related that in the past, constitutional amendments have had
a standard $1500 fiscal note for election pamphlet printing. He
revealed that the resolution's fiscal note was zeroed out and
the administration stated that they would absorb the cost. He
remarked that he did not mind if the resolution proceeded to
Senate Finance with a zero fiscal note, but pointed out that the
procedure was a change in policy within the administration.
SENATOR MCGUIRE asked Chair Stoltze if he had considered putting
language in the election pamphlet that said the governor was
entitled to legal counsel on his/her cabinet that could replace
another cabinet position.
9:20:00 AM
CHAIR STOLTZE replied that he thought the governor has all of
the ability to hire legal counsel and the act was probably being
done already.
SENATOR MCGUIRE responded that she would not hold the resolution
up, but added that she would continue to contemplate the topic.
CHAIR STOLTZE pointed out that the next committee of assignment
for SJR 12 was Senate Judiciary and remarked that he welcomed
Senator McGuire to do what she liked as Chair for the committee.
He admitted that SJR 12 had a deliberative journey, but noted
that only 20 days remained in the session. He pointed out that
hearing the resolution was delayed due to the committee's
deference to larger bills. He said Senator McGuire's proposition
was a good discussion point that had to be fleshed out and
formalized. He reiterated that he thought the governor was
currently entitled to legal counsel.
SENATOR MCGUIRE replied that she considers the number one
complaint would be from Alaskans saying that electing an
attorney general would be too political and that the governor
should be entitled to legal counsel. She asked if Chair Stoltze
had looked at other joint resolutions that were further along in
the process. She remarked that SJR 12 addressed legislation that
was ripe for consideration and she was troubled that the
resolution was so late in the session coming forward.
9:22:28 AM
CHAIR STOLTZE noted that the House's version had 18 or 20 co-
sponsors and that a lot of support was present in both bodies.
He conceded that getting two-thirds vote in both bodies was
always a big hurdle. He facetiously remarked that he was glad
that there were no politics in the attorney general's position,
that the current attorney general was not a major contributor to
the governor, was not the governor's business partner, and was
not a political operative in the governor's campaign. He
declared that the attorney general was his friend and the
information he previously recited was factual.
SENATOR HUGGINS remarked that Chair Stoltze's comment was a good
point. He noted that a district attorney based in Nome, June
Stein, was recently fired by the governor and added that the
attorney general was unaware of the firing. He asked if an
elected attorney general would have changed the dynamic where
the governor fires a district attorney.
CHAIR STOLTZE responded that what Senator Huggins pointed out
would be an enabling statute as well. He surmised that creating
a third constitutional officer would put the attorney general on
par with the lieutenant governor and governor. He detailed that
the attorney general would have the same constitutional powers
and autonomy that both the lieutenant governor and governor
have. He specified that a constitutional officer could not be
fired or hired.
9:25:18 AM
SENATOR HUGGINS moved to report SJR 12, [29-LS0095\W], from
committee with individual recommendations and attached fiscal
note.
9:25:25 AM
CHAIR STOLTZE announced that hearing no objection, SJR 12 moved
out of committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 128 Sponsor Statement.pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| HB 128 Support Document - Letter Alaska Seafood Marketing Institute 3-11-15.pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| HB 128 Support Document - Letter Alaska Trollers Association 3-16-15.pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| HB 128 Support Document - Letter United Fishermen of Alaska 3-16-15.pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| HB 128 Fiscal Note DOA-DGS 03-25-16 (Replaces #1 from 2015).pdf |
SSTA 3/29/2016 9:00:00 AM |
HB 128 |
| SJR 12 Support Document - CSG Attorneys General & Qualifications for Office (2015 Update).pdf |
SSTA 3/29/2016 9:00:00 AM |
SJR 12 |
| SJR 12 Current Governors and Attorneys General (Updated 03-28-16).pdf |
SSTA 3/29/2016 9:00:00 AM |
SJR 12 |
| SJR 12 Fiscal Note - LEG-SESS 03-28-2016 (Updated to 2016).pdf |
SSTA 3/29/2016 9:00:00 AM |
SJR 12 |