Legislature(2013 - 2014)CAPITOL 120
02/19/2014 01:00 PM House JUDICIARY
Audio | Topic |
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Start | |
HB47 | |
HJR18 | |
HJR1 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | HJR 18 | TELECONFERENCED | |
+ | HJR 1 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 47 | TELECONFERENCED | |
HJR 18-CONST. AM: ELECTED ATTORNEY GENERAL 2:06:11 PM CHAIR KELLER announced that the next order of business would be HOUSE JOINT RESOLUTION NO. 18, Proposing amendments to the Constitution of the State of Alaska relating to the office of attorney general. CHAIR KELLER announced that HJR 18 will be held in committee today. 2:06:33 PM REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, speaking as the sponsor of HJR 18, advised that HJR 18 places the issue of an elected attorney general before the voters. This measure has been before the legislature multiple times and has been a bi-partisan endeavor, but the resolution has never been before the voters. The framers of the Alaska State Constitution appropriately made amending it difficult by requiring an affirmative vote by two-thirds of each house. He highlighted that this proposed change can only be initiated within the legislature. Alaska is only one of seven states without an elected attorney general. However, Representative Stoltze opined the public would embrace the proposed change to the Alaska State Constitution. He emphasized that HJR 18 is not a statement of inadequacy, inappropriateness, or disrespect to current or past attorneys general. 2:11:25 PM CHAIR KELLER advised that as a member of the House State Affairs Standing Committee he agreed to consider amendments wherein both the lieutenant governor and governor are of the same party. 2:12:08 PM REPRESENTATIVE STOLTZE stated that as HJR 18 is currently written [the attorney general] is a separate elected position. He acknowledged there was a suggestion to make the lieutenant governor and attorney general positions more closely tied to a partisan position so the [the governor and lieutenant governor] run on a slate adding to the lieutenant governor's position the position of attorney general. He advised he did not have a preference and considered such an amendment a compromise that would not do damage to the resolution. 2:13:51 PM CHAIR KELLER recalled that in the House State Affairs Standing Committee there were questions as to whether there should be a standard for the removal of an attorney general and whether an individual must meet the same qualifications as the governor. 2:14:29 PM REPRESENTATIVE LEDOUX pointed out that the resolution specifies that an individual seeking the position of attorney general must meet the same qualifications as a superior court judge rather than governor. 2:14:41 PM REPRESENTATIVE STOLTZE advised he was following language from previous iterations and had no strong possession of that section. He clarified that if he was setting the qualifications, an individual seeking the position of attorney general would be a member of the bar in good standing. 2:15:56 PM REPRESENTATIVE LEDOUX expressed her agreement with the sponsor that if the attorney general position is elected, the individual should not be vetted by the Alaska Judicial Council as he/she will be vetted during the election process. Therefore, she suggested the language be changed to say "a member of the bar in good standing." 2:16:42 PM REPRESENTATIVE STOLTZE interjected his preference to specifically refer "the Alaska Bar," although the attorney general will likely be a member of the Alaska Bar Association because HJR 18 requires the same residency and citizenship requirements for the attorney general as the lieutenant governor and governor. Representative Stoltze indicated his agreement with Representative LeDoux as he did not want to impose the Alaska Bar Association process in determining the qualification for the attorney general. 2:19:03 PM REPRESENTATIVE LEDOUX, noting that she like the idea of HJR 18, inquired as to how [the process] works in states where the attorney general, [lieutenant governor and governor] do not run as a slate, and therefore could result in a governor and lieutenant governor from one political party and an attorney general from another political party. REPRESENTATIVE STOLTZE conveyed that most commonly the attorney general runs independently, which can result in [the attorney general] being from a different political party than [the governor and lieutenant governor]. He opined, however, that to say our Alaska's attorneys general are not political is a misconception. Representative Stoltze noted for historical reference that the average length of an attorney general's tenure is about 18 months. However, in the early 1990s when a sitting attorney general was retained by the incoming governor there was some contention that the attorney general was not confirmed and was a hold over as has been the case with other commissioners. Alaska, he highlighted, had an unelected attorney general serve for almost a decade. Therefore, Alaska had an unelected attorney general with the power to make law on the advice of an assistant attorney general for almost 10 years. 2:21:22 PM REPRESENTATIVE LEDOUX reiterated her understanding that in some states governors and lieutenant governors run on separate tickets, and theoretically could be elected from different political parties. In those instances, she surmised the governor would never leave the state. 2:22:02 PM REPRESENTATIVE MILLETT inquired as to the reasoning of the framers of the Alaska State Constitution regarding choosing to have an appointed rather than elected attorney general. She also inquired as to how many states have changed their constitution from an appointed attorney general to an elected attorney general. Such information would be helpful for the committee. REPRESENTATIVE STOLTZE indicated those are questions he will investigate. The power, he opined, should rest with the people whether electing U.S. Senators or a state attorney general. He further opined that other than the power of succession, an attorney general on a day-to-day basis is far more powerful than a lieutenant governor. 2:25:19 PM REPRESENTATIVE GRUENBERG noted that HJR 18 states the heads of various departments must be confirmed by the legislature, which is also the case in another section of Article III, the heads of independent boards such as the Board of Fisheries, Board of Game, and State Board of Education and Early Development. Although there is no allowance for the legislature to confirm a deputy commissioner exists or is included in the resolution, he suggested that perhaps some of the sub-cabinet position with a lot of power should go through a confirmation process. REPRESENTATIVE STOLTZE recalled that Representative Gruenberg might be speaking of the Bradner decision. The only change made in this resolution is adding the attorney general along with the lieutenant governor and governor as an elected official. REPRESENTATIVE GRUENBERG then expressed the notion that perhaps the powerful positions of the head of the House and Senate Finance Committees should be elected as well. 2:29:08 PM CHAIR KELLER opened public testimony. 2:29:00 PM GEORGE PIERCE stated all commissioners and "everyone" should be elected rather than appointed as sometimes governors "stack the deck" with their appointments to boards and commissions. Alaskans recently voted against a constitutional convention and he yet it seems that every other piece of legislation being introduced is about changing or amending the constitution. Some of the legislation being introduced to change the Alaska State Constitution is absurd, he said. Alaskans, he reiterated, have said they don't want the constitution amended. He opined that the proposed amendments are for special interest groups not Alaskans. 2:30:46 PM CHAIR KELLER questioned if Mr. Pierce is in favor of the election of the attorney general, but not for amending the constitution to do so. MR. PIERCE answered yes; it would be good electing the attorney general. However, he reiterated that Alaskans just voted against a constitutional convention. Thus he encouraged members to stop picking and choosing which aspects of the Alaska State Constitution to change. REPRESENTATIVE GRUENBERG surmised that Mr. Pierce's meant that once the legislature starts amending the constitution it becomes a slippery slope and becomes easier and easier to amend [provisions in] the constitution. [Mr. Pierce was no longer online to respond.] 2:31:59 PM STUART THOMPSON strongly advised that legislators carefully review the materials the Alaska Constitutional Convention members studied about [this issue], including the extensive debate regarding unelected versus elected attorneys general. He requested that the wheel not be re-invented as many questions and queries that are now being raised were covered in 1955. He added that confirmation of appointments by the legislature is worthy of consideration. 2:33:54 PM CHAIR KELLER, upon determining no one else wished to testify, close public testimony. 2:34:41 PM REPRESENTATIVE STOLTZE, in response to Representative LeDoux advised that similar resolutions were introduced between the [24th] and 27th Alaska State Legislatures; it was first introduced by Senator Fred Dyson, and Representative Harry Crawford introduced the legislation in the 25th and 26th Alaska State Legislatures, and most recently by Senator Bettye Davis in the 27th Alaska State Legislature. He added that Tennessee Senator Mae Beavers has introduced a constitutional amendment such that the attorney general would change from being appointed to a "hybrid" election. In further response to Representative LeDoux, Representative Stoltze recalled that a similar resolution reached the [House] Rules Standing Committee, but that no such resolution has ever made it to the floor of either house in the 1990s. REPRESENTATIVE STOLTZE, in responding to Representative LeDoux, advised he did not believe the Alaska legislation ever made it to the floor of either house in the 1990s. 2:38:38 PM REPRESENTATIVE MILLETT stated she has materials available regarding discussions during the Alaska Constitutional Convention and believes that historical context is important to the committee's conversation. 2:40:04 PM CHAIR KELLER announced that HJR 18 would be set aside. 2:40:23 PM The committee took a brief at-ease. [Chair Keller passed the gavel to Vice Chair Lynn.] 2:41:18 PM