Legislature(1993 - 1994)

02/09/1993 01:35 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  HOUSE BILL 94                                                                
                                                                               
       "An Act  making a supplemental  appropriation for costs                 
       of elections operations; and providing for an effective                 
       date."                                                                  
                                                                               
  CHARLOT THICKSTUN,  DIRECTOR, DIVISION OF  ELECTIONS, OFFICE                 
  OF THE  LIEUTENANT  GOVERNOR, provided  the  Committee  with                 
  handouts [Attachments  3-6].  Attachment #4  illustrated the                 
  current work  plan from  the Division  from 2/01/93  through                 
  4/30/93.                                                                     
                                                                               
       1.   Catch-up after General  Election continues;  input                 
            of voter information in  time to produce  precinct                 
            registers  for  REAA/CRSA,  municipal and  borough                 
            elections.   Archiving   General   Election  voted                 
            ballots and precinct materials in progress.                        
                                                                               
       2.   Input  of registration  forms  from the  Permanent                 
            Fund Dividend packet  running over a thousand  per                 
            week,  statewide.    Input  required  in  time  to                 
            produce   precinct   registers    for   REAA/CRSA,                 
            municipal and borough elections.                                   
                                                                               
                                6                                              
                                                                               
                                                                               
       3.   Budget-Fiscal   Work   -  FY   94  reapportionment                 
            increment   being    submitted.       Supplemental                 
            legislation  in  House  and   Senate  in  process.                 
            Responding  to  requests  for  fiscal  notes   and                 
            testifying   in    legislative   committees,    as                 
            necessary.      Legislative   budget   and   audit                 
            continues.  Training fiscal staff on-going.                        
                                                                               
  Co-Chair Larson asked  if the  requested amount of  $372,963                 
  dollars  would  pay  for  present   staff  and  provide  the                 
  necessary funds  to meet  voter registration  until 5/01/93.                 
  Ms. Thickstun stated it would.                                               
                                                                               
  Co-Chair MacLean questioned the  calculation of the  request                 
  provided  by  the  Division  of  Elections.   Ms.  Thickstun                 
  offered to provide the corrected  figures.  Co-Chair MacLean                 
  questioned the travel component for February.  Ms. Thickstun                 
  replied the figure included travel and contractual fees.                     
                                                                               
  Representative Brown added  the total request as  of 1/19/93                 
  was  $891,500  dollars.   She  asked if  the  current budget                 
  submitted would  be a reduction from that request.  Co-Chair                 
  Larson pointed  out that  the original  request was  through                 
  6/30/93.    The  current  figures  cover  operations through                 
  5/01/93.                                                                     
                                                                               
  Representative  Hanley  questioned  the  $4 thousand  dollar                 
  difference  between requests  made in  April and  May.   Ms.                 
  Thickstun  replied   that  operating  costs   and  personnel                 
  services would be less in April.                                             
                                                                               
  Co-Chair MacLean pointed  out accurate figures had  not been                 
  provided  to  the Committee.    She suggested  discussion be                 
  continued when  the Division  of Elections  can provide  the                 
  corrected figures.                                                           
                                                                               
  (Tape Change HFC 93-19, Side 1).                                             
                                                                               
  Co-Chair Larson provided the Committee with Attachment #7, a                 
  memorandum  and  order provided  by  Judge Weeks  addressing                 
  attorney  fees due  municipalities from  the reapportionment                 
  suit.  He  asked for discussion  and consideration of HB  94                 
  and the fees.                                                                
                                                                               
  REPRESENTATIVE  ULMER asked  the  Committee to  consider the                 
  information provided from the 2/08/93  order, as provided by                 
  Superior Court Judge Weeks, as the exact amount of money due                 
  to the plaintiffs for  attorney fees and costs.  There is no                 
  longer   any    dispute   regarding   that   part   of   the                 
  reapportionment lawsuit at  the Superior  Court level.   She                 
  asked  the  Committee  to  include   these  amounts  in  the                 
                                                                               
                                7                                              
                                                                               
                                                                               
  supplemental provided to the Division of Elections.                          
                                                                               
  Representative  Grussendorf  supported  paying   these  fees                 
  itemized in  Attachment #7.  He noted the process has cost a                 
  lot of money  and the political subdivisions  should receive                 
  the amount of money which they  have spent and to which they                 
  are legally entitled.                                                        
                                                                               
  Co-Chair Larson asked the Committee to consider alternatives                 
  to HB  94.   Representative Hanley  stated his concern  with                 
  guaranteeing  elections  to  continue  in  March  and April.                 
  Representative   Parnell   echoed   Representative  Hanley's                 
  concerns and suggested that the issues be kept separate.                     
                                                                               
  Representative  Hoffman  pointed   out  that  the  requested                 
  allocations  need  to  be  refigured   by  the  Division  of                 
  Elections.   He asked that they  provide more information to                 
  the Committee.                                                               
                                                                               
  Representative  Therriault asked  if the fees  determined by                 
  Superior Judge Weeks were negotiable.   Representative Ulmer                 
  stated these fees are what is owed by the State of Alaska.                   
                                                                               
  Representative Therriault thought the  two matters should be                 
  kept separate.                                                               
                                                                               
  Representative Parnell asked if the  plaintiffs can move for                 
  reconsideration  of  the amounts  granted through  the court                 
  order.                                                                       
                                                                               
  DON CLOCKSIN,  ESQ., WAGSTAFF,  POPE &  CLOCKSIN, ANCHORAGE,                 
  ALASKA,  stated  that  technically  there  is  a  right  for                 
  reconsideration of any order.   Although, he added, there is                 
  nothing left to reconsider from the  court order provided by                 
  Judge Weeks.   Judge Weeks ruled in favor of the State.  The                 
  figures are much lower than the  total amount of money which                 
  was accrued by the  parties litigating the case.   The State                 
  does have the authority to appeal the decision.                              
                                                                               
  Representative  Brown   asked  if  the  figures   listed  in                 
  Attachment #7 included  interest.  Mr. Clocksin  stated that                 
  interest had not yet been calculated.                                        
                                                                               
  Representative Hanley asked  to hear from the  Department of                 
  Law.   Co-Chair MacLean  pointed out that  the Department of                 
  Law  does  have  $1.87  million  dollars  allocated  in  the                 
  supplemental,  although  that does not cover  the total fees                 
  to date.   Representative Grussendorf  pointed out that  the                 
  plaintiffs represented are constituents and he would like to                 
  see  them  repaid.   He  added  the Department  of  Law will                 
  represent the Office of the Governor.                                        
                                                                               
                                                                               
                                8                                              
                                                                               
                                                                               
  Representative Brown  suggested the  plaintiffs be  provided                 
  the designated allocations.   Currently there are  new plans                 
  for reapportionment and this would allow them to participate                 
  in  those  proceedings.    Representative  Brown  added  the                 
  corrected information from the Division of Elections and the                 
  plaintiff's  allocations should  be included in  a committee                 
  substitute bill.                                                             
                                                                               
  Representative  Martin  disagreed  with paying  the  amounts                 
  allocated in the Superior Court order.  He referenced papers                 
  submitted  last year  containing  information regarding  the                 
  effect  of reapportionment  and specifically  the Democratic                 
  Party's involvement.                                                         
                                                                               
  Co-Chair   Larson  stated   the   Committee  was   currently                 
  discussing the judgement provided by  Judge Weeks.  Co-Chair                 
  Larson and  Co-Chair MacLean  disagreed with  Representative                 
  Martin.                                                                      
                                                                               
  Mr. Clocksin assured  the Committee  that the Court  ordered                 
  award is  for work  directly involved  with litigation  over                 
  reapportionment.    Representative  Ulmer  stated  that  the                 
  reapportionment lawsuit is directly related to  the Division                 
  of Elections supplemental.   She stressed the  importance of                 
  the timeliness in paying  this debt.   It would be best  for                 
  the  plaintiffs  and  best  for  the  State  because of  the                 
  accumulated interest.                                                        
                                                                               
  Representative Brown  stated she disagrees with the comments                 
  of Representative  Martin.  Representative  Grussendorf felt                 
  that  if   the  House   Finance  Committee   reimburses  the                 
  plaintiffs,  the Administration  would  then more  carefully                 
  consider their future proposal.                                              
                                                                               
  Co-Chair Larson asked  the Division of Elections  to provide                 
  corrected information to the Committee.  He noted that Legal                 
  Services  would  be  requested  to  draft a  proposed  bill,                 
  sponsored  by  the  House Finance  Committee,  dealing  with                 
  reimbursement  to the  municipalities for  expenses incurred                 
  during reapportionment (HB 146).                                             
                                                                               
  Representative Hoffman reiterated his concern  with the high                 
  turnover   in   fiscal  officers   and   the  organizational                 
  efficiency within the Division of Elections.                                 
                                                                               
  Co-Chair Larson stated that HB 94 would be HELD in Committee                 
  for further discussion.                                                      

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