Legislature(1997 - 1998)
04/14/1998 06:45 PM House RLS
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 307 AM - U.S. SENATE VACANCIES Number 0055 CHAIRMAN KOTT announced the committee would hear SB 307 am, "An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date." He said the committee would be addressing a proposed committee substitute (CS), Version L. Number 0032 BILL STOLTZE, Legislative Administrative Assistant to Senator Rick Halford, Alaska State Legislature, came before the committee to explain the legislation. He stated that the bill actually makes two changes. He said, "It makes a statutory requirement that replacement - the U.S. Senate (indisc.) must be a member of the same party of the predecessor that (indisc.) which nominated them. For example, if it was somebody that switched parties between, you'd still have to appoint someone with the original nominated party. The intent is to try to do it is to upkeep the original will of the people. It makes changes to provide a clear statutory direction of how the appointment process is supposed to work in subsequent special elections. Special elections would actually be taking place at the time of a normal election." Number 0055 REPRESENTATIVE GAIL PHILLIPS referred to a situation where one of our senators was elected to office and had a 6-year term. He had completed on year of that 6-year term and something happened and he had to leave office. The replacement would be nominated and would be put in, but at the next regular primary and general election, that person would have to run again. MR. STOLTZE responded in the affirmative. REPRESENTATIVE PHILLIPS noted that would take the place of a special election. Number 0135 REPRESENTATIVE BRIAN PORTER stated that the election would be for the remainder of the terms as opposed to a new 6-year term. MR. STOLTZE said that is correct. REPRESENTATIVE KIM ELTON asked what changes have been made between the proposed committee substitute and the State Affairs Committee version. He said, "Was it just the change to ensure that if a member of the Senate changed their party while they were in office that it would then go back -- is that the reason for the party which nominated the predecessor on. Is that the only change?" Number 0220 MR. STOLTZE explained that was in the original language. He said, "I believe the State Affairs amendment would have just replaced the whole process with a special election, but I think our thought process was that our Senate seats are so important and having a gap in the Senate for the required period, being unrepresented to having our 1 percent with representation (indisc.) was too important to leave it open for a long gap in time. A special election process would take at least 90 days - 120 days. If that was during a critical land legislation or any other state interest would be unrepresented." REPRESENTATIVE PHILLIPS asked if the same political party language was in the original. MR. STOLTZE responded in the affirmative. CHAIRMAN KOTT said if the bill had been in effect several years ago, Governor Hickel wouldn't have had the opportunity to appoint Ted Stevens to replace Mr. Bartlett. MR. STOLTZE indicated that is correct. CHAIRMAN KOTT said there is a proposed committee substitute. Number 0422 REPRESENTATIVE PORTER moved to adopt the proposed committee substitute, Version L, dated 4/13/98. There being no objection, Version L was before the committee. CHAIRMAN KOTT noted there are two zero fiscal notes from the Governor's office and Elections. Number 0523 REPRESENTATIVE BILL WILLIAMS made a motion to move SB 307, Version L, out of committee with individual recommendations and with the attached zero fiscal notes. There being no objection, HCSSB 307(RLS) moved forward with two zero fiscal notes.
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