03/21/1998 10:07 AM House STA

SB 307 am - U.S. SENATE VACANCIES                                              
                                                                               
Number 0009                                                                    
                                                                               
CHAIR JAMES announced the first order of business was SB 307 am,               
"An Act relating to conditions for filling vacancies in the office             
of United States senator; and providing for an effective date."                
She noted she had before her a committee substitute that was                   
identical to the original bill.                                                
                                                                               
Number 0020                                                                    
                                                                               
REPRESENTATIVE FRED DYSON made a motion to adopt proposed committee            
substitute, 0-LS1574\F, Glover, 3/20/98 as the working draft.                  
There being no objection, that version was before the committee.               
                                                                               
Number 0026                                                                    
                                                                               
BILL STOLTZE, Legislative Administrative Assistant to Senator Rick             
Halford, Alaska State Legislature, explained that the version of SB
 just adopted by the committee does not contain an amendment                
adopted on the Senate floor that required confirmation by the                  
legislature.   He indicated that he heard Assistant Attorney                   
General Jim Baldwin's testimony given at the previous meeting and              
understood the committee's concerns.  He stated he would have                  
spoken in favor of Representative Berkowitz's amendment on Senator             
Halford's behalf at that same meeting, but did not have the                    
opportunity to do so.                                                          
                                                                               
CHAIR JAMES maintained that there is a good rationale for                      
Representative Berkowitz's amendment but her concern is its cost.              
She asked Mr. Stoltze if Senator Halford would be happy with the               
adoption of that amendment.                                                    
                                                                               
Number 0047                                                                    
                                                                               
MR. STOLTZE said he does not expect the provision of the amendment             
will need to be implemented, and hopes it will not, but Senator                
Halford feels the cost will probably be a one-time expenditure.                
Mr. Stoltze stated, "We've seen the value of a U.S. Senate seat.               
I guess it's a pretty good pay-off if you do it right the first                
time."                                                                         
                                                                               
CHAIR JAMES stated the committee would have to vote to rescind its             
action on failing to approve Amendment 1.                                      
                                                                               
Number 0066                                                                    
                                                                               
REPRESENTATIVE ETHAN BERKOWITZ made a motion to rescind the                    
committee's previous failure to adopt Amendment 1.  There being no             
objection, it was so ordered.                                                  
                                                                               
REPRESENTATIVE DYSON asked for an explanation of that action.                  
                                                                               
CHAIR JAMES explained Amendment 1 was proposed by Representative               
Berkowitz.  That amendment requires that a vacant U.S. Senate seat             
be filled by a special election, rather than by an appointment by              
the Governor.                                                                  
                                                                               
REPRESENTATIVE DYSON asked if committee members had a copy of the              
amendment.                                                                     
                                                                               
CHAIR JAMES said a copy should be in each committee members'                   
packet.                                                                        
                                                                               
Number 0106                                                                    
                                                                               
CHAIR JAMES announced Representative Ivan had arrived.  She                    
informed him that the committee had just rescinded its action                  
failing to adopt Amendment 1.                                                  
                                                                               
REPRESENTATIVE BERKOWITZ indicated the amendment essentially                   
requires a special election to be held to fill a U.S. Senate seat              
under all circumstances, instead of requiring a gubernatorial                  
appointment.                                                                   
                                                                               
Number 0133                                                                    
                                                                               
CHAIR JAMES noted Representative Ivan wanted to hear from Mr.                  
Stoltze on this issue.                                                         
                                                                               
MR. STOLTZE confirmed that Senator Halford does support the                    
amendment that was proposed by Representative Berkowitz because it             
moves the legislature in the same direction as it is going with the            
constitutional problems of legislative confirmation.                           
                                                                               
CHAIR JAMES stated the motion to adopt Amendment 1 was before the              
committee.                                                                     
                                                                               
REPRESENTATIVE DYSON maintained the election of public officers is             
inordinately precious in our process, and although he appreciates              
the concerns expressed about the cost, he believes a participatory             
democracy is so precious that the legislature should bite the                  
bullet and spend the money.                                                    
                                                                               
Number 0165                                                                    
                                                                               
CHAIR JAMES asked if there are any objections to the amendment.                
There being no objection, Amendment 1 was adopted.                             
                                                                               
Number 0170                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ made a motion to move HCSSB 307(STA) out              
of committee with individual recommendations and the attached                  
fiscal notes.  There being no objection, HCSSB 307(STA) moved out              
of the House State Affairs Standing Committee.                                 
                                                                               
BARBARA COTTING, Legislative Assistant to Chair James, asked if she            
would have to get another fiscal note on the bill.                             
                                                                               
CHAIR JAMES responded there may not be a fiscal note because no                
special election is scheduled.