Legislature(2013 - 2014)CAPITOL 120
02/28/2014 01:00 PM House JUDICIARY
Audio | Topic |
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Start | |
HB269 | |
HJR18 | |
HB284 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
+= | HJR 18 | TELECONFERENCED | |
+= | HB 284 | TELECONFERENCED | |
+= | HB 269 | TELECONFERENCED | |
HJR 18-CONST. AM: ELECTED ATTORNEY GENERAL 1:36:46 PM CHAIR KELLER announced 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. 1:36:51 PM CHAIR KELLER briefly summarized testimony from the previous committee meeting on HJR 18, and also stated there have been no amendments, and announced that public testimony is still open. 1:38:10 PM REPRESENTATIVE Bill STOLTZE, Alaska State Legislature, stated he is available to answer questions and noted he has responded in writing to all questions that have been posed thus far. 1:40:06 PM CHAIR KELLER closed public testimony. 1:40:33 PM REPRESENTATIVE GRUENBERG remarked that he cannot support the passage of HJR 18 and virtually no amendment would change his mind. 1:41:23 PM CHAIR KELLER stated he has no commitment or promise or intention of moving HJR 18 until all questions have been laid out before the committee and thoroughly discussed. 1:41:42 PM REPRESENTATIVE GRUENBERG referred to page 1, lines 14-16, regarding the language which relates that the election for attorney general is at the same time and term as the governor. He then recalled that during the 2/19/14 House Judiciary Standing Committee there was a discussion regarding whether the governor and attorney general would possibly run on the same ticket. REPRESENTATIVE STOLTZE interjected that he had responded to the discussion and did not recall advocating. 1:42:16 PM REPRESENTATIVE GRUENBERG then questioned whether there was a reason the resolution calls for the [governor and attorney general] to be elected during the same election rather than during intervening elections, which would seem to offer a sense of continuity. REPRESENTATIVE STOLTZE stated his belief that [electing the governor and attorney general at the same time] is logical and consistent as Alaska has only one statewide election for a state constitutional officer that heads the state. He noted that critics have remarked the resolution could cause the governor and attorney general to be of separate parties while others having remarked it creates a partisan ticket. Representative Stoltze related his preference to defer to the voters on this issue, which is the premise of the resolution, as he does not have the same allegiance to the Alaska Bar Association as others. 1:44:43 PM REPRESENTATIVE LEDOUX, noting that members of the Alaska Bar Association have differing opinions on this matter and commented she believes in the concept of letting the people vote, particularly since an elected attorney general may not have qualms investigating the administration. She then pointed out that Alaska is in the minority of states that appoint their attorney general. 1:47:12 PM REPRESENTATIVE GRUENBERG offered that his position is based on his own analysis. He then referred to page 2, [lines 6-7] which limits the amount of successive terms an attorney general can serve to only two full successive terms, which would be 8 years. He recalled that at least one attorney general, Bruce Botelho, served under governors of both parties; two years under Governor Walter J. Hickel and eight years under Governor Tony Knowles. He opined there are very good arguments why the attorney general should not be term limited, and particularly if the position is an elected position as it is the chief law enforcement officer and the chief attorney for the state. He likened term limited [for an elected attorney general] to removing a senior partner of a law firm with extensive experience. Term limits for the attorney general should be up to the voters, he opined. 1:49:47 PM REPRESENTATIVE STOLTZE informed the committee that the average tenure of an attorney general in Alaska is close to 18 months. He then stated what is proposed in HJR 18 is consistent with the state's limits on the only two constitutional statewide officers, the governor and the lieutenant governor which he opined, made sense. 1:52:11 PM REPRESENTATIVE GRUENBERG, referring to subsection (c), page 2, lines 8-12, surmised that the election of the attorney general would take place at the first general election date that is at least 6 months after the vacancy. He further surmised that the interim appointment could be up to two years and five months, which according to the sponsor; the interim appointment would be longer than the tenure of most of Alaskan attorneys general to date. According to the language of HJR 18, he opined, an attorney general may be elected from a different party than the governor and, in fact, may be a member of the minority party in the legislature. The way HJR 18 reads, he explained, is if there is a vacancy, the [governor's] appointee may come from the party opposite of the party from which the attorney general was from, as it is strictly a gubernatorial appointment subject to confirmation. He believes that HJR 18 is fraught with danger in that the language reads that the position of attorney general is determined by voters, and then [due to a vacancy] it is turned over to the governor and the legislature. In the past, through an initiative, the [people] did not agree to [the above] process for a U.S. Senate seat and, he believes, a special election was held. REPRESENTATIVE STOLTZE stated that the proposal in HJR 18 is similar to a current Alaska State Constitutional provision replacing the lieutenant governor. He recalled when there was a vacancy in the lieutenant governor's position and the legislature confirmed Craig Campbell; there was no legal requirement that Mr. Campbell be a democrat, republican, Alaska independent, or libertarian, and the governor could have picked any one of his commissioners. The constitutional process in replacing a lieutenant governor is very similar to the proposal in HJR 18 and, he noted, the core of the resolution is having an [attorney general] that is accountable to the people. He stated that the succession in replacement is an interim issue and is subject to collective ideas. 1:58:21 PM REPRESENTATIVE GRUENBERG explained to Representative Stoltze that there is a difference between the process of selecting the lieutenant governor and the process proposed in HJR 18 under this resolution for electing the attorney general. The law requires the lieutenant governor to be a member of the governor's party and run as a ticket in the general election, which is quite the opposite of HJR 18, he opined. 1:59:08 PM REPRESENTATIVE STOLTZE stated that he would investigate [the law] in preparation for the next House Judiciary Standing Committee meeting on the resolution. 1:59:19 PM CHAIR KELLER announced that set HJR 18 would be set aside. 1:59:26 PM REPRESENTATIVE GRUENBERG advised he will be a do not pass out of this committee, and will not offer amendments on the resolution. 2:01:01 PM REPRESENTATIVE GRUENBERG advised he has not sought out witnesses and assumes the time is too late for witnesses. 2:01:15 PM The committee took a brief at-ease. 2:01:48 PM CHAIR KELLER remarked that as Representative Stoltze intends for a deliberative process he will open public testimony on Monday. 2:03:47 PM REPRESENTATIVE LEDOUX asked whether the sponsor intends to bring witnesses from states with elected attorneys general to testify as to how the process works in their state. REPRESENTATIVE STOLTZE advised that in 1998 Attorney General Grant Woods of Arizona testified, but noted he has not sought out witnesses. REPRESENTATIVE LEDOUX suggested that if the committee is going to hear from people who oppose the resolution, then perhaps the committee should hear from someone who has lived the experience. 2:04:46 PM REPRESENTATIVE GRUENBERG remarked he would send an email to people who might be interested as this may be the best committee for a record of people on both sides of this resolution. 2:06:25 PM CHAIR KELLER announced that HJR 18 would be held over and passed the gavel to Representative Lynn.
Document Name | Date/Time | Subjects |
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HJR 18~Responses to Feb 19 House Judiciary Questions.pdf |
HJUD 2/28/2014 1:00:00 PM |
HJR 18 |
HJR 18 Support Document~AK Constitutional Convention Minutes on Electing Attorney General.pdf |
HJUD 2/28/2014 1:00:00 PM |
HJR 18 |
HB 269 Leg. Legal Response to Questions.pdf |
HJUD 2/28/2014 1:00:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 269 |
CSHB 269 (JUD) ver. C Draft.pdf |
HJUD 2/28/2014 1:00:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 269 |