Legislature(2001 - 2002)

05/02/2002 03:47 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
           SB 370-CONSTITUTIONAL CONVENTION PROCEDURES                                                                      
                                                                                                                                
CHAIRMAN  THERRIAULT  said  the  Senate  State  Affairs  Committee                                                              
introduced SB  370 at his  request.  He  said the bill  deals with                                                              
the  constitutional  convention question  that  is  on the  ballot                                                              
every 10 years and  would be on the ballot this year.   He said he                                                              
looked into the  events that would occur if the  voters approved a                                                              
constitutional convention.   He said  the lieutenant  governor was                                                              
responsible for issuing the call  for a constitutional convention.                                                              
This call was  to be issued as  close as possible to  the original                                                              
call for the  Alaska Constitutional Convention in  1955 unless the                                                              
legislature placed different provisions  in statute, which had not                                                              
been done.                                                                                                                      
                                                                                                                                
He said he wasn't sure we would want  the delegates to be selected                                                              
in  the same  districts  that  they  had been  in  1955.   He  was                                                              
concerned  that  those districts  would  not meet  court  approval                                                              
because they wouldn't  stand up to the one man  one vote standard.                                                              
He  said SB  370 would  restrict the  call from  being issued  for                                                              
approximately one year until October  1, 2003.  He said this delay                                                              
would allow  the next  legislature and  governor to negotiate  the                                                              
passage of  legislation to  spell out  the parameters under  which                                                              
the call  would be made.   He said  the legislature could  look at                                                              
the geographical areas the delegates should be elected from.                                                                    
                                                                                                                                
DR. GERALD MCBEATH said he participated  in two recent symposia on                                                              
the constitutional  convention ballot referendum that  would be on                                                              
the ballot this  fall.  One was for the statewide  League of Women                                                              
Voters convention in  Kenai.  The other was a  symposium sponsored                                                              
by Common  Ground, which is an  organization that looks  at public                                                              
issues.   He  said  there  were several  questions  regarding  the                                                              
uncertainty of  what would  happen if the  voters were  to approve                                                              
the referendum calling  for a constitutional convention.   He said                                                              
SB 370 reduces uncertainty by spelling  out when the call would be                                                              
made  and how  delegates would  be  selected.   At both  symposia,                                                              
there was a question about whether  the delegates would be subject                                                              
to the Alaska Public Offices Commission  (APOC) rules.  He said SB
370 addresses that concern.                                                                                                     
                                                                                                                                
                                          st                                                                                    
He said  it was  not clear  why October  1   was selected  in Sec.                                                              
15.50.080.  The  current Lieutenant Governor could  issue the call                                                              
              th                                                                                                                
on November  6  but  SB 370 would  eliminate that possibility  and                                                              
only allow  the incoming  lieutenant governor  to issue  the call.                                                              
He said  this would  give the legislature  an opportunity  to have                                                              
                                              rd                                                                                
hearings  during the first  session of  the 23   Legislature.   He                                                              
said Sec.  15.50.090 laid out a  system of electing  80 delegates.                                                              
He felt  80 delegates would  be too many.   He suggests  mirroring                                                              
the  legislative  election  districts  by  having  60  seats,  one                                                              
delegate  from  each  house  district  and one  from  each  senate                                                              
district.   According  to  SB  370 the  constitutional  convention                                                              
would be  held in  Fairbanks.   He said  this makes sense  because                                                              
that was where the original convention  was held but the Fairbanks                                                              
of 1955 was very  different from Fairbanks today.   He believed SB
370  was  a step  in  the  right  direction  and served  a  useful                                                              
purpose.                                                                                                                        
                                                                                                                                
CHAIRMAN THERRIAULT asked for his affiliation.                                                                                  
                                                                                                                                
DR. MCBEATH  said he was a  professor of political science  at the                                                              
University  of Alaska Fairbanks  and was  considered an  expert in                                                              
the field.   He wrote The  Alaska State Constitution:  A Reference                                                              
Guide, which was published in 1997.                                                                                             
                                                                                                                                
SENATOR PHILLIPS  asked if he had  any practical experience  as an                                                              
elected official.                                                                                                               
                                                                                                                                
DR.  MCBEATH said  he served  on the  Fairbanks Northstar  Borough                                                              
Board of Education from 1986 to 1995.                                                                                           
                                                                                                                                
                                    st                                                                                          
CHAIRMAN THERRIAULT  said October  1  was  chosen as the  date for                                                              
the call in order  to put the issue before the  legislature during                                                              
the next session.   He said it was a fairly arbitrary  date but it                                                              
allowed for enough  time for the legislature to  hold hearings and                                                              
work out  a piece of legislation  with the administration.   There                                                              
would also be time after that to  bring the public up to speed and                                                              
allow the candidates enough time to run a campaign.                                                                             
                                                                                                                                
CHAIRMAN  THERRIAULT  said  he understood  the  concern  over  the                                                              
number of delegates and would be  open to changing the number.  He                                                              
said he selected  80 delegates because he was  concerned about the                                                              
rural districts, which  cover large geographical areas.   In those                                                              
districts,  there was  the potential  for two  delegates from  the                                                              
same community  to be elected  because that community  happened to                                                              
have  the  largest  population  in  the district.    He  said  Dr.                                                              
McBeath's proposal seemed to be a  compromise between the original                                                              
55 delegates at the 1955 convention  and the 80 delegates proposed                                                              
in SB 370.                                                                                                                      
                                                                                                                                
He  said individuals  campaigning  to  be  delegates ought  to  be                                                              
subject to  APOC provisions.   If the  public was concerned  about                                                              
money  influencing campaigns  for  legislators,  then he  expected                                                              
there would be the same level of  concern when the candidate would                                                              
be making structural changes to the constitution.                                                                               
                                                                                                                                
SENATOR PHILLIPS asked why the original  Constitutional Convention                                                              
was held in Fairbanks.                                                                                                          
                                                                                                                                
DR.  MCBEATH said  he spoke  with  Thomas Stewart,  who served  as                                                              
Secretary to the  Convention and was a Superior Court  judge.  Mr.                                                              
Stewart said  the main  reason they wanted  to get the  Convention                                                              
out of Juneau was  because there were too many bars.   He said the                                                              
second reason  was because they  felt that holding  the Convention                                                              
in the  atmosphere of  a university town  would contribute  to the                                                              
development of a model constitution.   He said they also wanted it                                                              
away from the site of legislative activity.                                                                                     
                                                                                                                                
SENATOR  PHILLIPS  asked  if  the  convention  would  be  held  in                                                              
October.                                                                                                                        
                                                                                                                                
MR.  JOE BALASH,  Senate State  Affairs Committee  Aide, said  the                                                              
call  would not  be made  until October  of 2003.   The  delegates                                                              
would be elected at the next general  election in 2004.  The dates                                                              
of  the convention  would be  up  to the  lieutenant governor  and                                                              
would be one of the items in the call.                                                                                          
                                                                                                                                
SENATOR  PHILLIPS  said if  the  convention  was held  during  the                                                              
academic year, there might not be enough room on campus.                                                                        
                                                                                                                                
MR. BALASH  said the intent  of SB 370 was  not to spend a  lot of                                                              
time with the details.   He said the dates of  the convention were                                                              
certainly something that should be  considered.  Delaying the call                                                              
for one  year would  give the legislature  an opportunity  to have                                                              
hearings on the issue and work out the details.                                                                                 
                                                                                                                                
SENATOR  PHILLIPS  said  the original  Convention  was  held  from                                                              
November of 1955 through February or March of 1956.                                                                             
                                                                                                                                
DR.  MCBEATH agreed.   He  said there  was  a break  to allow  the                                                              
delegates to return  to their communities and  discuss the issues.                                                              
He said the temperature that year was 30 below zero.                                                                            
                                                                                                                                
CHAIRMAN  THERRIAULT said  the dates  of the  convention were  not                                                              
figured into  the determination of October  1  as the  date of the                                                              
call.                                                                                                                           
                                                                                                                                
                                st                                                                                              
MR.  BALASH said  the  October  1   date would  also  allow for  a                                                              
special session if it were necessary because of a veto.                                                                         
                                                                                                                                
SENATOR PHILLIPS  said 30  below was a  good incentive to  get the                                                              
job done quickly.                                                                                                               
                                                                                                                                
CHAIRMAN THERRIAULT  joked that Fairbanks  had torn down a  lot of                                                              
its bars since 1955.                                                                                                            
                                                                                                                                
SENATOR STEVENS  joked that the convention  could be held  in Adak                                                              
where there were no bars.                                                                                                       
                                                                                                                                
CHAIRMAN THERRIAULT said he was open  to suggestions regarding the                                                              
number of delegates.                                                                                                            
                                                                                                                                
SENATOR PHILLIPS said 60 sounded  like a more workable number than                                                              
80.   He noted  that the Senate  with 20 members  was able  to get                                                              
things  done faster  than  the House  of  Representatives with  40                                                              
members.                                                                                                                        
                                                                                                                                
SENATOR  STEVENS  said  it  looked   like  some  of  the  original                                                              
delegates in 1955 were elected from judicial districts.                                                                         
                                                                                                                                
DR. MCBEATH  said in  1955 the  Legislature drew  up a new  scheme                                                              
rather  than  using  the  legislative  districts.   Seven  of  the                                                              
districts were based on judicial  districts and 12 to 15 delegates                                                              
were elected  on a statewide  basis.   He noted that  scheme would                                                              
not meet the one man one vote Supreme Court requirement.                                                                        
                                                                                                                                
CHAIRMAN THERRIAULT said SB 370 was  intended as default language.                                                              
If the legislature wanted to come  up with something different, it                                                              
could.  He  said without an  agreement by the legislature,  SB 370                                                              
would be  the default rather than  the 1955 language,  which would                                                              
cause a problem with the one man one vote requirement.                                                                          
                                                                                                                                
SENATOR   STEVENS  asked   how  many   times  the   constitutional                                                              
convention question had been on the ballot since statehood.                                                                     
                                                                                                                                
DR. MCBEATH said this would be the fifth time.                                                                                  
                                                                                                                                
SENATOR PHILLIPS noted that it passed in 1970.                                                                                  
                                                                                                                                
DR.  MCBEATH  said  it  passed in  1970  but  was  challenged  and                                                              
invalidated.   He said  the question  was on  the ballot  again in                                                              
1972 and that is why we now have  the question on the ballot every                                                              
10  years  from 1972.    He  noted  that the  ballot  measure  was                                                              
defeated  in 1972,  1982 and  1992.   In  1992, the  vote was  63%                                                              
against.                                                                                                                        
                                                                                                                                
SENATOR STEVENS  asked what  the voter  turnout was  in 1992.   He                                                              
said voter turnout in 1982 was 50%.                                                                                             
                                                                                                                                
CHAIRMAN THERRIAULT  asked Senator Phillips  if he wanted  to move                                                              
an amendment to change the number of delegates to 60.                                                                           
                                                                                                                                
SENATOR  PHILLIPS  moved  Amendment  #1, changing  the  number  of                                                              
delegates  to 60, one  elected from  each house  district and  one                                                              
from each senate district.                                                                                                      
                                                                                                                                
CHAIRMAN  THERRIAULT  clarified   that  "Two  delegates  shall  be                                                              
elected  from each house  district"  would be  deleted on page  1,                                                              
line  12 and  replaced with  language electing  one delegate  from                                                              
each house  district and  one delegate  from each senate  district                                                              
for a total of 60 delegates.  He  asked if there was any objection                                                              
to Amendment #1.                                                                                                                
                                                                                                                                
SENATOR PHILLIPS asked Dr. McBeath if 60 was a good number.                                                                     
                                                                                                                                
DR. MCBEATH  noted that  there were 55  delegates in  1955 because                                                              
there were 55  framers of the American Constitution  and they felt                                                              
that was  a significant  number.   He said 60  seemed like  a good                                                              
number because  60 people could fit  in one room and have  a floor                                                              
discussion on an issue.                                                                                                         
                                                                                                                                
CHAIRMAN THERRIAULT asked if there  might be a problem with having                                                              
an even number rather than an odd number of delegates.                                                                          
                                                                                                                                
DR. MCBEATH said that was always a question.                                                                                    
                                                                                                                                
CHAIRMAN THERRIAULT said that just  meant there would be a tie and                                                              
things  would  fail.    He  said   Amendment  #1  was  before  the                                                              
committee.  He asked if there was any objection to Amendment #1.                                                                
                                                                                                                                
There being no objection, Amendment #1 was adopted.                                                                             
                                                                                                                                
CHAIRMAN  THERRIAULT asked  if there  were  any other  amendments.                                                              
There were none.  He asked if there  were any other issues to come                                                              
before the committee on SB 370.  There were none.                                                                               
                                                                                                                                
SENATOR  PHILLIPS  moved  CSSB  370(STA)  out  of  committee  with                                                              
attached fiscal note and individual recommendations.                                                                            
                                                                                                                                
There being  no objection,  CSSB 370(STA)  moved out of  committee                                                              
with attached fiscal note and individual recommendations.                                                                       

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