02/26/1996 01:30 PM Senate JUD

             SJR 32 CONSTITUTIONAL DEFENSE COUNCIL                            
                                                                              
 SENATOR TAYLOR, prime sponsor of SJR 32, informed committee members           
 the measure would amend the Alaska Constitution to create a                   
 constitutional defense council which could, on behalf of the state,           
 bring actions or intervene in actions, involving questions of state           
 or federal constitutional law.  In the past year, the Governor                
 dismissed the Babbitt case a few days before it was to be heard               
 before the Ninth Circuit Court of Appeals.  That case decided who             
 would implement federal regulations concerning subsistence in                 
 Alaska.  Dismissal of that case allowed the federal government to             
 proceed, without objection, in drafting and imposing regulations on           
 Alaskans which is in violation of the Alaska Constitution according           
 to the Alaska Supreme Court. The legislature attempted to bring               
 that action but was denied on the basis of standing.  Similarly, an           
 appeal was recently dismissed regarding tribal status.  Dismissal             
 of that appeal forfeited significant state constitutional rights.             
 SJR 32 would allow voters to amend the Constitution to establish a            
 council comprised of five appointed members, subject to                       
 confirmation by a majority of the legislature with the presiding              
 officers of each house serving as ex-officio members.  One member             
 would be appointed by the Governor, two by the House Speaker, and             
 two by the Senate President.  Appointed members would serve five-             
 year terms, and could be removed for cause only by the appointing             
 authority.  Terms would be staggered.  The constitutional amendment           
 would be placed before the voters during the next election cycle.             
                                                                               
 Number 085                                                                    
                                                                               
 SENATOR GREEN asked if SJR 32 is patterned after constitutional               
 amendments from other states.  SENATOR TAYLOR replied two other               
 states have amended their constitutions.  In both states, the                 
 council acts in an advisory capacity to the Governor, however both            
 states have an elected attorney general.  If the governor disagrees           
 with the advisory group, public debate would likely bring about               
 intervention or involvement in litigation to protect the state's              
 constitution.  That amendment is considered to be a first step in             
 both of those states, but if it does not prove to be effective,               
 legislation similar to SJR 32 will be introduced.                             
                                                                               
 SENATOR ADAMS asked which states have amended their constitutions.            
 SENATOR TAYLOR responded Arizona and Utah.  SENATOR ADAMS asked,              
 had this council been in place, what issues it would have                     
 challenged.  SENATOR TAYLOR replied, aside from the two cases                 
 previously mentioned, there have been times in the past when the              
 legislature attempted to intervene in litigation and was denied               
 that opportunity due to standing.                                             
                                                                               
 Number 136                                                                    
                                                                               
 BERNARD GOODNO, testifying from Delta Junction, stated he believes            
 a constitutional defense council is unnecessary.  If legislators              
 uphold their oath of office, every law passed would conform to the            
 Constitution.  Any publically-elected official not upholding that             
 oath is committing treason and should be tried.                               
                                                                               
 SENATOR TAYLOR noted this bill does not address legislation passed            
 in the state, as adequate procedures and precautions exist, however           
 it does address federal legislation which mandates action be taken            
 in the state.  He felt removal of office to be a harsh standard to            
 use if a better method is available.                                          
                                                                               
 MR. GOODNO stated he is reviewing other court cases regarding                 
 jurisdiction of the federal government and offered to send                    
 information to the committee.                                                 
                                                                               
 GENE OTTENSTROER, testifying from Delta Junction, did not believe             
 a council is necessary, and questioned whether its formation would            
 be legal since the council would not be publically elected yet have           
 power to change the Constitution.  He questioned whether a council,           
 appointed by government officials, should have that power.                    
                                                                               
 SENATOR TAYLOR explained the council would only have the authority            
 to bring suit if it believed the Alaska Constitution was being                
 violated.  MR. OTTENSTROER disagreed, and believed it could make              
 changes to the Constitution.                                                  
                                                                               
 There being no further testimony, SENATOR GREEN moved SJR 32 out of           
 committee with individual recommendations.  SENATOR ADAMS objected.           
 The motion carried with Senators Taylor, Green, and Miller voting             
 "yea," and Senator Adams voting "nay."  SENATOR ADAMS wished                  
 Senator Taylor luck in obtaining 14 votes.