Legislature(2009 - 2010)BELTZ 105 (TSBldg)

02/02/2010 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SJR 21 CONST. AM: INCREASE NUMBER OF LEGISLATORS TELECONFERENCED
Moved SJR 21 Out of Committee
*+ SB 92 U.S. PRESIDENTIAL ELECTION COMPACT TELECONFERENCED
Moved SB 92 Out of Committee
                                                                                                                                
        SJR 21-CONST. AM: INCREASE NUMBER OF LEGISLATORS                                                                    
                                                                                                                                
8:59:47 AM                                                                                                                    
CHAIR MENARD announced  that the first order of  business to come                                                               
before the committee was SJR 21.                                                                                                
                                                                                                                                
SENATOR OLSON, sponsor  of SJR 21, said the  resolution would put                                                               
a constitutional amendment before the  voters in the 2010 general                                                               
election  to  increase  the  size  of  the  legislature  by  four                                                               
senators and  eight representatives.  In the  last 50  years, the                                                               
state  population has  more than  doubled and  state revenue  has                                                               
changed  significantly.  He  referred  to  Table  2,  "Population                                                               
Trends   for  Election   Districts  in   2010,"  comparing   each                                                               
district's  current  population  with  a  forecast  of  how  each                                                               
district's population will change if no action is taken.                                                                        
                                                                                                                                
9:02:07 AM                                                                                                                    
SENATOR MEYER joined the meeting.                                                                                               
                                                                                                                                
SENATOR  OLSON   referred  to  the   far  right   column  labeled                                                               
"Difference  from Average"  on the  first page  of the  table and                                                               
pointed  out the  significant negative  numbers  for Districts  1                                                               
through 5.  He referred to  the second  page and the  decrease in                                                               
population as it affects Northwest  Alaska. Redistricting will be                                                               
dramatic after the 2010 census.                                                                                                 
                                                                                                                                
SENATOR   OLSON   said   those   involved   in   performing   the                                                               
redistricting must also satisfy  federal guidelines and the Voter                                                               
Rights Act of 1965 when dealing with large minority populations.                                                                
                                                                                                                                
9:05:18 AM                                                                                                                    
SENATOR OLSON reiterated that it  is not just Alaska's population                                                               
that  has   changed,  but  also  its   demography  and  financial                                                               
situation. The  1960 fiscal  year had a  budget of  $104 million;                                                               
today  the  budget  is  $11   billion  and  the  same  number  of                                                               
legislators decides  where the money  goes under pressure  from a                                                               
90-day session. Some people in  villages feel their needs are not                                                               
being addressed because there are  so few legislators compared to                                                               
the  population. He  pointed out  that a  number of  other states                                                               
have increased the size of their legislatures.                                                                                  
                                                                                                                                
CHAIR MENARD  asked Senator Olson  to read the last  paragraph of                                                               
his sponsor statement.                                                                                                          
                                                                                                                                
SENATOR  OLSON referred  to his  sponsor statement,  stating that                                                               
between 1960 and  2006, 29 states have changed the  size of their                                                               
legislative  body. For  the nine  states  with small  populations                                                               
similar  to  Alaska's  -  between 500,000  and  1,500,000  -  the                                                               
average size of their legislative bodies is 134.                                                                                
                                                                                                                                
9:07:29 AM                                                                                                                    
DAVE GRAY,  aide to  Senator Hoffman, said  that the  urban areas                                                               
are also  affected by  population changes  taking place  in rural                                                               
areas. [Mr. Gray referred to large  maps on the wall.] He pointed                                                               
out  the significant  districting changes  that have  taken place                                                               
since 1984.                                                                                                                     
                                                                                                                                
9:10:19 AM                                                                                                                    
MR. GRAY said changes to  large rural districts impact urban area                                                               
representation too, such as the MatSu Borough and Kenai.                                                                        
                                                                                                                                
CHAIR MENARD pointed out that  Senator Kookesh's business card is                                                               
a good  visual illustration  for the huge  size of  his district:                                                               
his district  is colored in  on a map of  Alaska and is  half the                                                               
state.                                                                                                                          
                                                                                                                                
MR.  GRAY said  that  with the  2010 census  underway  this is  a                                                               
timely issue. The  approval of this legislation  could impact the                                                               
reapportionment   board's   decisions   as  opposed   to   making                                                               
criticisms after redistricting.  SJR 21 tries to  be proactive in                                                               
divvying up  the state  equally. He pointed  out that  under this                                                               
legislation,  the  Bush  districts   would  stay  the  same.  New                                                               
representatives would probably be from urban areas.                                                                             
                                                                                                                                
9:12:46 AM                                                                                                                    
SENATOR KOOKESH  asked if the  overall impact of  this resolution                                                               
would  be the  decrease from  15,000 to  13,000 people  per House                                                               
seat.                                                                                                                           
                                                                                                                                
SENATOR OLSON  said some  Alaska House  districts are  already at                                                               
13,000  and  SJR 21  attempts  to  ensure equitable  distribution                                                               
throughout the state related to the population.                                                                                 
                                                                                                                                
SENATOR  OLSON  said he  has  the  advantage  of having  only  54                                                               
communities in  his district. Though it  is large, he said  he is                                                               
centrally located and can fly to  his villages. But he noted that                                                               
Senator  Kookesh's district  encompasses 123  villages, and  it's                                                               
difficult for  a representative or  senator to get around  such a                                                               
district.  Reducing  the size  of  the  districts would  make  it                                                               
easier for representatives  to go to villages and  talk to people                                                               
there face to face.                                                                                                             
                                                                                                                                
9:15:02 AM                                                                                                                    
SENATOR MEYER asked whether or not  the objective of SJR 21 is to                                                               
decrease each House  District to a population of  13,000. If not,                                                               
he asked what the objective of SJR 21 is.                                                                                       
                                                                                                                                
SENATOR OLSON replied that state  legislators are spread thin and                                                               
people in remote communities can  easily feel disenfranchised. He                                                               
said he  is not stuck on  the numbers and increasing  senators to                                                               
24 and representatives to 48 is a starting suggestion.                                                                          
                                                                                                                                
SENATOR  MEYER  said he  does  not  know  the magic  number.  His                                                               
district of 30,000 concentrated  people is very manageable. Rural                                                               
areas have  unique challenges and  even with more  senators, some                                                               
villages still might not have the opportunity to see theirs.                                                                    
                                                                                                                                
9:17:53 AM                                                                                                                    
MR. GRAY advised  looking at the "Average  Population" numbers at                                                               
the bottom of the table  "Population Trend for Election Districts                                                               
in 2010."  The average population  for each district in  2000 was                                                               
about 15,000. The Department of  Labor estimates that the average                                                               
population per  district was  almost 17,000 in  2008 and  will be                                                               
17,309 in  2010. The  population is increasing,  but as  shown in                                                               
column four,  labeled "Difference  from Average,"  some districts                                                               
will have  to give  up some population  and other  districts will                                                               
have to  pick up some  population to  reach that average.  The 48                                                               
House  districts  proposed by  SJR  21  would create  an  average                                                               
district  population of  about  14,000, which  is  closer to  the                                                               
average in 2000;  rural districts would not have a  big change in                                                               
their average population size.                                                                                                  
                                                                                                                                
SENATOR  MEYER said  that Table  5 from  the National  Council of                                                               
State Legislatures  (NCSL) shows a  lot of variation  in district                                                               
populations. California  has 451,000  people per  House district;                                                               
New Hampshire  has 3,000  and Alaska  has 15,000.  It is  hard to                                                               
determine the right district population  size and add to that the                                                               
facts that  Alaska's large geographic  area and  small population                                                               
are unique.                                                                                                                     
                                                                                                                                
9:20:45 AM                                                                                                                    
SENATOR KOOKESH  commented that if  Alaska keeps the  same number                                                               
of  districts, his  district would  have to  go into  the Wasilla                                                               
area  for  its population  to  increase  enough and  the  Wasilla                                                               
district  population  to  decrease  enough.  Such  reapportioning                                                               
could be  challenged by  the Department  of Justice  and minority                                                               
voting  area   rules.  Additional  seats  must   be  created  for                                                               
Anchorage  and Wasilla  due to  their growth  or the  whole state                                                               
will have to be changed.                                                                                                        
                                                                                                                                
CHAIR MENARD  added that Representative Harris  from Valdez comes                                                               
as far as Sutton in the MatSu Borough.                                                                                          
                                                                                                                                
SENATOR  PASKVAN  said that  75  percent  of the  communities  in                                                               
Alaska  have populations  of  less  than 1000.    He  said it  is                                                               
important that these communities have  a voice in both the Senate                                                               
and the House.                                                                                                                  
                                                                                                                                
9:23:23 AM                                                                                                                    
CHAIR MENARD  asked Senator Olson  and Mr.  Gray to speak  to the                                                               
fiscal impact.                                                                                                                  
                                                                                                                                
SENATOR  OLSON said  a person  down on  the Lower  Yukon, in  the                                                               
White  Hampton  area  that  has  just  been  declared  a  federal                                                               
disaster  area,  has far  different  concerns  than a  person  in                                                               
another part  of his district that  provides 80 to 90  percent of                                                               
the revenues  for Alaska. The  person up  on the North  Slope has                                                               
got his own concerns that  are far different from a fishing-based                                                               
community  or a  whaling-based  community. He  said that  Senator                                                               
Kookesh is stretched even thinner.                                                                                              
                                                                                                                                
MR. GRAY  said the average  cost of  offices and staff  is fairly                                                               
straight  forward in  the fiscal  note. He  said that  Pam Varni,                                                               
Executive  Director  of  the Legislative  Affairs  Agency,  could                                                               
provide a more detailed explanation of those costs.                                                                             
                                                                                                                                
SENATOR  OLSON said  there are  two  fiscal notes.  One puts  the                                                               
resolution  on the  general election  ballot of  2010. The  other                                                               
relates  to implementing  four more  elected  senators and  eight                                                               
more elected representatives and starts  at roughly $6 million in                                                               
fiscal year 2013.                                                                                                               
                                                                                                                                
9:26:36 AM                                                                                                                    
SENATOR FRENCH  said SJR  21 is  a good  big-picture idea  and he                                                               
supported  it.  He  asked  how  the  capitol  building  would  be                                                               
redesigned    to   accommodate    four    senators   and    eight                                                               
representatives.                                                                                                                
                                                                                                                                
SENATOR  OLSON   said  the  new   building  could   provide  some                                                               
opportunity for  space and pointed  out that in the  past offices                                                               
have been around the capitol, not in the capitol proper.                                                                        
                                                                                                                                
SENATOR FRENCH asked about the chambers.                                                                                        
                                                                                                                                
SENATOR OLSON said things have  changed over the years; the House                                                               
Speaker  receptions are  now where  the original  Senate Chambers                                                               
used to be.                                                                                                                     
                                                                                                                                
CHAIR MENARD said  if the committee passed SJR 21  out today, the                                                               
next  committee could  address  the question  of  space with  Ms.                                                               
Varni.                                                                                                                          
                                                                                                                                
SENATOR FRENCH said that was satisfactory.                                                                                      
                                                                                                                                
9:28:31 AM                                                                                                                    
CHAIR MENARD opened testimony for SJR 21.                                                                                       
                                                                                                                                
GORDON  HARRISON,   former  Executive  Director  of   the  Alaska                                                               
Redistricting  Board,  said  that without  this  legislation  the                                                               
ideal district population will become  17,500 and rural districts                                                               
would  increase geographically  because most  are 3,000  to 4,000                                                               
people below this.  The importance of SJR 21 is  that it provides                                                               
effective  representation for  rural areas  which are  getting so                                                               
big that legislators  do not know their  constituents, never have                                                               
a chance to talk to them, and  do not know what their issues are.                                                               
Members of rural  communities do not know how to  vote for people                                                               
who  are,  in some  cases,  from  another world.  Campaigning  is                                                               
difficult and  expensive; so recruiting candidates  is difficult.                                                               
This  is an  important public  policy issue  of fair,  reasonable                                                               
representation  for  rural  areas.  Without an  increase  in  the                                                               
number of seats, rural districts will be huge or disappear.                                                                     
                                                                                                                                
9:31:28 AM                                                                                                                    
SENATOR  KOOKESH  said  that  to  get  to  Lime  Village  in  his                                                               
district,  he  has  to  fly  from Angoon  to  Juneau,  Juneau  to                                                               
Anchorage, Anchorage to Fairbanks,  Fairbanks to Aniak, and Aniak                                                               
to Lime Village  where he could then visit five  villages in that                                                               
area by small airplane. The cost,  just from Angoon to Juneau one                                                               
way is $125.                                                                                                                    
                                                                                                                                
CHAIR MENARD  noted that  Margaret Walsh  from the  Department of                                                               
Law was available for questions.                                                                                                
                                                                                                                                
SENATOR  FRENCH  asked  if  Mr. Harrison  would  comment  on  the                                                               
implications  of the  US Voting  Rights Act  of 1965  on Alaska's                                                               
districts.                                                                                                                      
                                                                                                                                
MR. HARRISON  explained that Section  5 of the Voting  Rights Act                                                               
applies to  Alaska and everything regarding  elections, including                                                               
redistricting,  is scrutinized  by  the  Justice Department.  The                                                               
standard  violation  in  Section   5  is  retrogression,  meaning                                                               
redistricting results  in fewer  minority districts.  Without SJR
21, Mr.  Harrison said he  did not  see how retrogression  can be                                                               
avoided.  He  said the  following  three  of the  nine  effective                                                               
Native majority districts could be  lost: House districts 5 and 6                                                               
and Senate district C.                                                                                                          
                                                                                                                                
9:34:51 AM                                                                                                                    
MR.  HARRISON suggested  that the  Justice Department  or federal                                                               
courts   may  not   prohibit  this   retrogression  because   the                                                               
demographics are so strong. He said  his layman's view is that if                                                               
the   redistricting   plan  follows   traditional   redistricting                                                               
principles  and  retrogression is  shown  to  be unavoidable  and                                                               
minimal,  the Voting  Rights Act  will  not prevent  the loss  of                                                               
these Native districts.                                                                                                         
                                                                                                                                
SENATOR MEYER  said he understands  that SJR 21 is  not primarily                                                               
concerned about the population of  each district, but rather with                                                               
keeping  districts more  compact so  legislators do  not have  to                                                               
travel hundreds  of miles to  see their constituents.  To achieve                                                               
that, each  district population  must be  reduced and  more house                                                               
and senate  districts would  be created  in the  highly populated                                                               
areas.                                                                                                                          
                                                                                                                                
MR. HARRISON  said that the  distribution of power  between rural                                                               
and urban areas  is population based and would stay  the same. He                                                               
agreed  that  all  new  districts  would go  to  the  Railbelt  -                                                               
Anchorage,  Fairbanks, Matsu  and the  Kenai Peninsula  - not  to                                                               
rural  areas. However,  additional  districts  would allow  rural                                                               
areas to hold on to what they have.                                                                                             
                                                                                                                                
9:37:11 AM                                                                                                                    
CHAIR  MENARD restated  Senator French's  earlier question  about                                                               
accommodating  more  legislators  in  the  chambers  and  in  the                                                               
Capitol building.                                                                                                               
                                                                                                                                
PAM VARNI, Executive Director,  Legislative Affairs Agency (LAA),                                                               
said that  the House and  Senate Chambers could both  utilize the                                                               
existing extra desk for the  presiding officer who always sits at                                                               
the  front.  Without a  capital  appropriation  to build  another                                                               
building or  expand, creativity and  the cooperation  of existing                                                               
legislators would  be required.  She noted that  the size  of the                                                               
different  offices in  the capitol  has been  increased over  the                                                               
years. She  suggested that the  Governor and  Lieutenant Governor                                                               
could be asked if they would  consider moving to the State Office                                                               
Building,  freeing up  the third  floor.  The LAA  would look  at                                                               
floor plans  and decide  how to  accommodate more  legislators as                                                               
economically as possible. She noted  that the fiscal note of $1.5                                                               
million for remodeling was a conservative figure.                                                                               
                                                                                                                                
9:40:37 AM                                                                                                                    
CHAIR MENARD closed public testimony.                                                                                           
                                                                                                                                
9:41:54 AM                                                                                                                    
At Ease.                                                                                                                        
                                                                                                                                
9:42:09 AM                                                                                                                    
CHAIR MENARD called the meeting back to order at 9:42.                                                                          
                                                                                                                                
SENATOR  MEYER  moved  to  report  SJR  21  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
9:42:48 AM                                                                                                                    
At Ease                                                                                                                         
                                                                                                                                
                                                                                                                                

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