Legislature(2003 - 2004)
02/05/2004 08:05 AM House STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 414-U.S.SENATE VACANCY/DEF OF POLITICAL PARTY Number 1330 CHAIR WEYHRAUCH announced that the next order of business was HOUSE BILL NO. 414, "An Act relating to filling the vacancy in the office of United States senator, and to the definition of 'political party.'" Number 1380 REPRESENTATIVE SEATON moved to adopt [Conceptual] Amendment 1, which read, [original punctuation provided, some formatting changed]: (Delete existing Section 7 starting at page 3, line 15 and insert new Sec. 7.) *Sec.7. AS 15.60.010921) is amended to read: (21) "political party" means an organized group of voters that represents a political program and that either nominated a candidate for governor who received at least three percent of the total votes cast for governor at the preceding general election; or if the office of United States senator was on the ballot, that nominated a candidate for United States senator who received at least three percent of the total votes cast for United [sic] senator at that general election, or that nominated a candidate for United States representative who received at least three percent of the total votes cast for United States representative at that general election or has registered voters in the state equal in number to at least three percent of the total votes cast for governor at the preceding general election; Number 1385 REPRESENTATIVE SEATON explained that the purpose of [Conceptual] Amendment 1 is to allow greater flexibility for third parties to qualify [a candidate for governor]. He maintained that HB 414 made it more difficult [for the parties]. He explained that the wording in the old version of the bill says that, if there is a gubernatorial election, there has to be a candidate in that election, and the candidate has to have [received] 3 percent [of the total votes cast for governor at the preceding general election or has registered voters in the state equal in number to at least three percent of the total votes cast in the preceding election]. He said that was true for a Senatorial election, as well, and it didn't matter if [the party] receives "20 percent in the U.S. House race that was conducted at the same time." He stated that when there was not a gubernatorial or Senatorial election, [the party] would have to have a candidate for the U.S. House and would have to garner 3 percent to maintain [its] qualifications. He said he did not think that was the spirit in which [the bill] was offered. He said he had talked to the sponsor of HB 414 [House Judiciary Chair, Lesil McGuire], who supports proposed [Conceptual] Amendment 1. REPRESENTATIVE SEATON explained that [Conceptual] Amendment 1 makes it so that at a gubernatorial election, a [party] with 3 percent, either in the governor's race, the Senatorial race, or the House of Representatives race, would qualify as a political party. He said he believes that is the spirit of [the bill], as offered in the current legal opinion. Number 1512 REPRESENTATIVE GRUENBERG referred to the memo from Laura Glaiser, [Director, Division of Elections], and asked Representative Seaton if it provided clarification. REPRESENTATIVE SEATON replied that he did not have the memo. Number 1563 LAURA GLAISER, Director, Division of Elections, Office of the Lieutenant Governor, asked for clarification on [Conceptual] Amendment 1. She wondered who chooses which of the three [races] to use. She asked if only one of the 3 percent [numbers] was allowed. As the Director, she felt the language was vague and would be hard to administer. Number 1607 REPRESENTATIVE SEATON replied: The intent of having the "ors" in [Amendment 1] is that it is 3 percent of the governor's race, or 3 percent of the U.S. Senator race, if that's on the ballot at the same time, or 3 percent of the U.S. Representative race, if that's on the ballot. You wouldn't have to have all three; those are "ors," not "ands." Number 1647 MS. GLAISER said that was fine as long as it was clear enough to administer and did not hurt the intent, which is to help a party seeking to gain status. Number 1668 REPRESENTATIVE BERKOWITZ said he thought Representative McGuire indicated that the "Trust the People" initiative had been certified. He wondered if Ms. Glaiser knew if that was true. MS. GLAISER replied that the Division of Elections has begun verifying signatures, but the process has not been completed and, therefore, cannot be certified by the lieutenant governor. CHAIR WEYHRAUCH stated that Representative Berkowitz's question was not related to [Conceptual] Amendment 1. REPRESENTATIVE BERKOWITZ asked if [Conceptual] Amendment 1 would have any impact on when parties get certified. MS. GLAISER replied that it could. She gave an example of when the Green Party lost its status. Number 1760 CHAIR WEYHRAUCH withdrew his objection to [Conceptual] Amendment 1. He asked if there were any further objections. There being none, [Conceptual] Amendment 1 was adopted. Number 1784 REPRESENTATIVE GRUENBERG moved to adopt Amendment 2, labeled 23- LS1514\H.1, Kurtz, 2/4/04, which read: Page 1, following line 3: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT. It is the desire of this legislature that the provisions of this Act, which is substantially similar to that proposed in an initiative petition, not be repealed for at least two years after the Act's effective date." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. CHAIR WEYHRAUCH objected for discussion purposes. REPRESENTATIVE GRUENBERG explained he had discussed Amendment 2 with Representative McGuire, who had no objections to the amendment. He said it provides legislative intent that the provisions of the Act, which are substantially similar to the initiative, not be repealed for at least two years after the Act's effective date. He stated that he knows, technically, [the bill] could not bind future legislatures, but he wants to state the intent. Number 1860 CHAIR WEYHRAUCH stated his reluctance to include a provision that might be illegal. He said he feels the public maintains a distrust for legislators who take such actions. Number 1898 REPRESENTATIVE BERKOWITZ maintained there was nothing illegal about including a statement of intent. CHAIR WEYHRAUCH said he understands where Representative Berkowitz is coming from, but he disagrees. Number 1934 REPRESENTATIVE SEATON said he would object if the amendment was incorporated [within] the law, but emphasized he is not concerned about sending this bill to the floor with the intent included. Number 1982 REPRESENTATIVE COGHILL said he objects to the amendment because he does not want to put anything into statute without the intent for it to be followed. CHAIR WEYHRAUCH further explained his objection to binding future legislators by adding intent language to a bill instead of binding statutory language. Number 2103 REPRESENTATIVE GRUENBERG further explained that his intent language was written to provide comfort to the general public, in an effort to show [the current] legislature's good faith. He said it is an important piece of legislation, whether it comes through the initiative or as a bill. The purpose was to assure the public that [this legislature] does not intend to repeal [this law] for at least two years after the Act's effective date. CHAIR WEYHRAUCH asked for further discussion of [Amendment 2]. He maintained his objection and asked for a roll call. A roll call vote was taken. Representatives Seaton, Lynn, Berkowitz, and Gruenberg voted in favor of Amendment 2. Representatives Coghill, Holm, and Weyhrauch voted against it. Therefore, Amendment 2 passed by a vote of 4-3. Number 2200 CHAIR WEYHRAUCH referred to the memo from Ms. Glaiser and asked if there were further questions for her. There were none, so Chair Weyhrauch thanked her for her participation. Number 2248 CHAIR WEYHRAUCH asked if there was any objection to moving HB 414, as amended, out of committee with individual recommendations [and the accompanying fiscal notes]. REPRESENTATIVE BERKOWITZ objected, stating that the bill usurps the initiative that 50,000 Alaskans signed. He said he believes [the bill] is based on political motivation, and he hopes that this legislature will show some integrity and consistency, and not pass legislation that many of the members have repeatedly voted against in the past. He emphasized that the matter "has been taken from our hands and now belongs to the people." CHAIR WEYHRAUCH renewed the offer [he made previously at the January 27, 2004 meeting to hear Representative Berkowitz's bill, which is also on this issue]. REPRESENTATIVE BERKOWITZ said he appreciates Chair Weyhrauch's offer but doesn't care whether his bill moves or not. He stated for the record that, in the past, he has asked for hearings on this particular issue many times, only to have the requests denied. He repeated again that the issue "belongs to the 50,000 people." Number 2411 REPRESENTATIVE SEATON objected to [Representative Berkowitz's] characterization, saying that this is a new legislature and the majority of the members of the committee are new. He said that past actions do not bind [the current committee from] considering good public policy. He stated that the bill is perfectly in alignment with the statutes and the Constitution of the State of Alaska, and that it is within the purview [of the committee] to pursue good public policy. He stated he believes this bill is good public policy, and he supports it for that reason. Number 2444 REPRESENTATIVE COGHILL reiterated that it is well within [the committee's] right. He said, "To characterize it as losing our right, I think, is a mischaracterization." He stated that public policy could be "hammered out here," and said he thought that that was what was going on. Number 2475 A roll call vote was taken. Representatives Coghill, Lynn, Holm, Seaton, and Weyhrauch voted in favor of HB 414, as amended. Representatives Berkowitz and Gruenberg voted against it. Therefore, CSHB 414(STA) was reported out of the House State Affairs Standing Committee by a vote of 5-2.
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