03/18/1998 01:35 PM Senate JUD

         SJR 36 - REAPPORTIONMENT BOARD & REDISTRICTING                        
                                                                               
CHAIRMAN TAYLOR indicated to the committee that they had a copy of             
a new committee substitute on their desks that brought the draft               
into line with the version in the House finance committee. It                  
establishes a five-member redistricting board appointed by the                 
Chief Justice of the Supreme Court, with one member from each                  
judicial district. He said due to the controversy surrounding                  
redistricting, a "Christ-like" figure has to be found to appease               
people. He said it is always difficult to find these people. He                
noted that the work draft was marked "GLOVER/B" version.                       
                                                                               
SENATOR PARNELL moved the adoption of the GLOVER/B version, dated              
3/12/98, as the working vehicle for the committee. Without                     
objection, it was so ordered.                                                  
                                                                               
MR. JIM BALDWIN, representing the Department of Law, came forward              
and noted that he had previously testified on the bill, but spoke              
to a different version and would like to make a few additional                 
comments. CHAIRMAN TAYLOR indicated he should do so.                           
                                                                               
MR. BALDWIN said the bill is similar to HJR 44, with the exception             
of one provision that he believes was excluded due to his testimony            
in the House. MR. BALDWIN pointed out a few problematic provisions             
still existing in the bill. Page three, lines 2-3 state, "the Chief            
Justice shall appoint a redistricting board, subject to the                    
provisions of this section and as may be provided by law"; MR.                 
BALDWIN said this would impose additional criteria for the                     
appointment of redistricting board members. He mentioned that the              
House attempted to come up with an unassailable process which did              
not involve the Governor. He commented this provision might allow              
partisan politics to creep back into the process, if criteria                  
specified included political parties or other similar                          
considerations.                                                                
                                                                               
MR. BALDWIN remarked that the Attorney General has traditionally               
provided legal counsel for the reapportionment board, and he                   
assumes if the board was moved to another branch that the court                
system would provide for that. He mentioned the department has                 
provided a fiscal note to the House version of the bill and they               
feel it may be an involved process to preclear the change. They                
anticipate that some interest may come forward to challenge                    
preclearance, so the fiscal note takes into account the possibility            
of consulting experts to help assemble the preclearance                        
application. He indicated the fiscal note on the House side was                
approximately $60,000.                                                         
                                                                               
MR. BALDWIN pointed out that a provision beginning on page three,              
dealing with the schedule of the board, would effectively reduce               
the time line by 60 days. Currently, the board has 90 days to                  
formulate a plan and then transmit the plan to the Governor, the               
Governor then has 90 days to review the plan and present a final               
plan, and MR. BALDWIN indicated all of this time is necessary to               
accommodate public comment and make adjustments.                               
                                                                               
MR. BALDWIN concluded by saying he had no further comments, other              
than those he had made during his previous testimony.                          
                                                                               
CHAIRMAN TAYLOR asked who the fifth member would be since Alaska               
only has four judicial districts. MR. BALDWIN replied the fifth                
member would be decided by the four appointed members.                         
                                                                               
CHAIRMAN TAYLOR asked if there was a challenge that could be made              
to this bill under the "one man, one vote" rule, since it                      
apportions the board that will reapportion the state based on                  
judicial districts and might diminish the influence of major                   
population centers in comparison to rural areas.                               
                                                                               
TAPE 98-18, SIDE B                                                             
Number 001                                                                     
                                                                               
MR. BALDWIN said he had not considered that, but believed that                 
since the current practice in the Constitution is obsolete (relying            
on geography rather than population), apportionment is not required            
to adhere to the letter of the Constitution, only to attempt to                
obtain some geographic balance and distribution. He said this is an            
interesting issue, one he hadn't considered. MR. BALDWIN noted that            
the board itself has not been apportioned in the past and CHAIRMAN             
TAYLOR agreed he'd never seen it done either.                                  
                                                                               
MR. RALPH BENNETT said that if there was a  provision missing from             
the bill he was not aware of it. MR. BALDWIN restated that he                  
believes the provision was purposefully deleted.                               
                                                                               
SENATOR PARNELL made a motion to move CSSJR 36 from committee with             
individual recommendations. SENATOR ELLIS objected and CHAIRMAN                
TAYLOR indicated the bill would be held in committee.