Legislature(2009 - 2010)

04/16/2010 10:47 AM House FIN


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SENATE JOINT RESOLUTION NO. 21                                                                                                
                                                                                                                                
     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.                                                                                                                      
                                                                                                                                
7:26:23 PM                                                                                                                    
                                                                                                                                
SENATOR  DONALD OLSON,  SPONSOR,  reviewed the  legislation.                                                                    
The Alaska  legislature had been  expanded several  times in                                                                    
the  past. In  1913  the first  territorial legislature  was                                                                    
established with  8 senators  and 16  representatives. Then,                                                                    
in 1942,  the legislature was  increased to 12  senators and                                                                    
24 representatives.  In 1959, with  the ratification  of the                                                                    
state  constitution, the  legislature  was  increased to  20                                                                    
senators and 40 representatives. In  the 50 years since, the                                                                    
size of  the legislature had remained  unchanged. Alaska had                                                                    
the  smallest  bicameral  legislature  in  the  nation.  The                                                                    
population  of the  state had  tripled since  statehood, and                                                                    
the  increase  had  been  disproportionate,  favoring  large                                                                    
urban  areas  over  smaller rural  communities.  Without  an                                                                    
increase in  the size  of the  legislature, the  2010 Census                                                                    
could be reconciled  with Article 6, Section 6  of the state                                                                    
constitution,  which mandated  the  existence of  continuous                                                                    
compact and socioeconomic districts,  or the federal mandate                                                                    
under the U.S.  Voting Rights Act of 1965. He  noted that in                                                                    
the last 46  years, 29 states had changed the  size of their                                                                    
legislative  body   and  that   9  of  those   states,  with                                                                    
populations  comparable to  Alaska, had  a legislature  with                                                                    
134 members.                                                                                                                    
                                                                                                                                
7:29:44 PM                                                                                                                    
                                                                                                                                
DAVID GREY,  STAFF, SENATOR LYMAN  HOFFMAN, referred  to the                                                                    
handout "Population  Trend for Election Districts  in 2010",                                                                    
(copy on  file). The population distributions  for 2010 were                                                                    
calculated   based  on   the  Department   of  Labor   (DOL)                                                                    
estimations from 2008. He noted  that DOL used the permanent                                                                    
fund application  numbers as the basis  for the projections,                                                                    
but that the  2010 Census would provide  more valid numbers.                                                                    
He noted  that in crafting  the handout he had  included the                                                                    
numbers from  House Joint  Resolution 38,  which recommended                                                                    
and  increase  in  the  house to  44  members.  The  handout                                                                    
illustrated  the   numbers  applying  the  increase   of  44                                                                    
members, vs.  46, vs.  48. He pointed  out to  the committee                                                                    
the  fourth  column  of  numbers  labeled  "Difference  from                                                                    
Average", which  calculated the numbers  above or  below the                                                                    
ideal  average  for the  districts.  He  noted that  in  the                                                                    
southeastern and rural  areas of the state  the numbers were                                                                    
below average, where  as in the Mat-Su  and Anchorages areas                                                                    
the numbers were  high. The Supreme Court had  allowed for a                                                                    
plus  or minus  5 percent  in the  rural districts,  but had                                                                    
expected more accurate numbers in calculating urban areas.                                                                      
                                                                                                                                
Co-Chair Stoltze asked if the  plus or minus 5 percent would                                                                    
need to be reconciled in  a corresponding district. Mr. Grey                                                                    
believed so.                                                                                                                    
                                                                                                                                
Mr.  Grey continued  that in  urban  areas additional  votes                                                                    
were  easily available,  but  rural  districts with  smaller                                                                    
populations did not have the same ability.                                                                                      
                                                                                                                                
7:35:00 PM                                                                                                                    
                                                                                                                                
Representative Foster  spoke in support of  the legislation.                                                                    
He related  that in  urban areas  the average  citizen could                                                                    
walk door to door to garner  support. He noted that when the                                                                    
number  of rural  villages under  the representation  of one                                                                    
legislator was  increased, it became more  difficult for the                                                                    
average  person   to  campaign.   The  number   of  villages                                                                    
represented by one  legislator could be as high  as 30, with                                                                    
great distance between communities,  which would require air                                                                    
travel, and  necessitate a  substantial campaign  budget. He                                                                    
thought  that the  legislation would  allow for  the average                                                                    
person to represent in the  legislature rather than only the                                                                    
affluent.                                                                                                                       
                                                                                                                                
Senator Olson responded that  financial limitations had kept                                                                    
representatives  of many  rural villages  form visiting  and                                                                    
addressing the needs of small  communities. This had lead to                                                                    
a  feeling of  disenfranchisement, and  cynicism toward  the                                                                    
legislature.                                                                                                                    
                                                                                                                                
7:37:14 PM                                                                                                                    
                                                                                                                                
Representative   Gara  commented   that  urban   areas  also                                                                    
struggle   with  the   unavailability  of   legislators.  As                                                                    
districts  had grown,  people had  less  contact with  their                                                                    
legislators. He thought that something  needed to be done to                                                                    
address the increase in population.                                                                                             
                                                                                                                                
Representative  Doogan asked  about  the  increase of  house                                                                    
members, and  how the number  had been determined.  Mr. Grey                                                                    
stated that the number was chosen  (48) to see if the number                                                                    
would  keep each  district "hold  harmless". The  number was                                                                    
chosen in an attempt to preserve the status quo.                                                                                
                                                                                                                                
Senator   Olson   stated   that   the   number   took   into                                                                    
consideration  the division  of populations  in areas  where                                                                    
district  boundaries had  been  established  ten years  ago,                                                                    
and  factored  in  the  western  and  south  central  areas;                                                                    
Kodiak, the  Kenai Peninsula, down toward  Yakutat, and into                                                                    
southeast.                                                                                                                      
                                                                                                                                
7:40:06 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Thomas   appreciated    the   intent   of   the                                                                    
legislation.  He  listed several  reasons  for  flux in  the                                                                    
state's  population  in  the past  and  suggested  that  job                                                                    
creation could  help keep  people in  the state.  He relayed                                                                    
that the  numbers on the  handout reveal that  the districts                                                                    
he represented were the most affected by the issue.                                                                             
                                                                                                                                
Senator Olson shared that there  were legislators serving on                                                                    
the committee that  might not be back next  year without the                                                                    
passage of the legislation.                                                                                                     
                                                                                                                                
Co-Chair Stoltze closed public testimony.                                                                                       
                                                                                                                                
7:43:00 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  discussed the fiscal  notes number  one and                                                                    
two.  FN2  reflected the  $1500  ballot  charge to  put  the                                                                    
resolution  on the  ballot  for public  vote.  He noted  the                                                                    
technical error on  FN2; the $1500 was not  reflected in the                                                                    
required appropriation  column, and needed to  be corrected.                                                                    
Co-Chair  Hawker stated  that  FN1  reflected the  estimated                                                                    
$4,470,000  cost of  12 new  legislators, additional  staff,                                                                    
support time,  attorney fees, travel,  contractual allowance                                                                    
supplies, and capital outlay. He  noted that the legislature                                                                    
was budgeted at  $60 million per year,  which would increase                                                                    
if 12 more  legislators were added. He stated  that the full                                                                    
cost was yet unknown. He  wondered where room would be found                                                                    
for 12 more legislators and  35 staff members in the capital                                                                    
building.   He   suggested   that   the   fiscal   note   be                                                                    
indeterminate  for   "land  and   structures"  as   well  as                                                                    
miscellaneous, and that it be  made clear to the public that                                                                    
the cost of implementing the legislation was yet unknown.                                                                       
                                                                                                                                
7:46:37 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze stated that  the term "indeterminate" would                                                                    
be an accurate representation for the public.                                                                                   
                                                                                                                                
Representative   Joule  agreed   that   the   cost  of   the                                                                    
legislation was  indeterminate. He  countered that  the loss                                                                    
of the voices of  residents living in underrepresented areas                                                                    
could not be measured monetarily.                                                                                               
                                                                                                                                
Co-Chair Hawker voiced support for the legislation.                                                                             
                                                                                                                                
Senator  Olson  believed that  the  decision  was not  taken                                                                    
lightly and  that the will  of the people would  be revealed                                                                    
by a vote.                                                                                                                      
                                                                                                                                
Representative Salmon asked when  the increase in the number                                                                    
of legislators would go into effect.                                                                                            
                                                                                                                                
7:49:03 PM                                                                                                                    
                                                                                                                                
Mr. Grey  replied that the  reapportionment board  would not                                                                    
receive the 2010 Census numbers until March 2011.                                                                               
                                                                                                                                
Co-Chair Stoltze  noted that the  resolution did  not change                                                                    
the constitution, it only changed the math.                                                                                     
                                                                                                                                
Vice-Chair Thomas  MOVED to report  SJR 21 out  of Committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
notes. There being NO OBJECTION, it was so ordered.                                                                             
                                                                                                                                
SJR   21   was   REPORTED   out  of   Committee   with   "no                                                                    
recommendation" and  attached new fiscal impact  note by the                                                                    
Office of  the Governor  and new  indeterminate note  by the                                                                    
Legislative Affairs Agency.                                                                                                     
                                                                                                                                

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