Legislature(2001 - 2002)

05/11/2002 06:08 PM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                          May 11, 2002                                                                                          
                           6:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Coghill, Chair                                                                                              
Representative Jeannette James                                                                                                  
Representative Hugh Fate                                                                                                        
Representative Peggy Wilson                                                                                                     
Representative Harry Crawford                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Gary Stevens                                                                                                     
Representative Joe Hayes                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 370(STA)                                                                                                 
"An Act establishing procedures relating to constitutional                                                                      
conventions."                                                                                                                   
                                                                                                                                
     - MOVED CSSB 370(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: SB 370                                                                                                                  
SHORT TITLE:CONSTITUTIONAL CONVENTION PROCEDURES                                                                                
SPONSOR(S): STATE AFFAIRS                                                                                                       
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/29/02     3024       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/29/02     3024       (S)        STA                                                                                          
05/02/02                (S)        STA AT 3:30 PM BELTZ 211                                                                     
05/02/02                (S)        Moved CS(STA) Out of                                                                         
                                   Committee                                                                                    
05/02/02                (S)        MINUTE(STA)                                                                                  
05/03/02     3145       (S)        DP: THERRIAULT, PHILLIPS; NR:                                                                
                                   STEVENS                                                                                      
05/03/02     3145       (S)        FN1: ZERO(GOV)                                                                               
05/03/02     3145       (S)        STA RPT CS 2DP 1NR SAME TITLE                                                                
05/07/02                (S)        RLS AT 9:30 AM FAHRENKAMP 203                                                                
05/07/02                (S)        RLS AT 11:45 AM FAHRENKAMP                                                                   
                                   203                                                                                          
05/09/02     3260       (S)        RULES TO CALENDAR 5/9/02                                                                     
05/09/02     3268       (S)        READ THE SECOND TIME                                                                         
05/09/02     3268       (S)        STA CS ADOPTED UNAN CONSENT                                                                  
05/09/02     3269       (S)        ADVANCED TO 3RD READING FLD                                                                  
                                   Y14 N6                                                                                       
05/09/02     3269       (S)        ADVANCED TO THIRD READING                                                                    
                                   5/10 CALENDAR                                                                                
05/10/02     3312       (S)        READ THE THIRD TIME CSSB
                                   370(STA)                                                                                     
05/10/02     3312       (S)        PASSED Y18 N- A2                                                                             
05/10/02     3321       (S)        TRANSMITTED TO (H)                                                                           
05/10/02     3321       (S)        VERSION: CSSB 370(STA)                                                                       
05/11/02                (H)        STA AT 1:00 PM CAPITOL 102                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOE BALASH, Staff                                                                                                               
to Senator Gene Therriault                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room                                                                                                          
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:   Presented  SB 370 on  behalf of  the Senate                                                               
State Affairs Committee, sponsor.                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-56, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  JOHN  COGHILL  called the  House  State  Affairs  Standing                                                               
Committee  meeting  to  order  at   6:08  p.m.    Representatives                                                               
Coghill, James,  Fate, and Crawford  were present at the  call to                                                               
order.   Representative  Wilson  arrived as  the  meeting was  in                                                               
progress.                                                                                                                       
                                                                                                                                
SB 370 - CONSTITUTIONAL CONVENTION PROCEDURES                                                                                 
                                                                                                                                
CHAIR COGHILL  announced that the  first order of  business would                                                               
be  CS  FOR  SENATE  BILL  NO.  370(STA),  "An  Act  establishing                                                               
procedures relating to constitutional conventions."                                                                             
                                                                                                                                
Number 0058                                                                                                                     
                                                                                                                                
JOE  BALASH,  Staff  to Senator  Gene  Therriault,  Alaska  State                                                               
Legislature,  presented SB  370  on behalf  of  the Senate  State                                                               
Affairs  Committee,  sponsor.    He  referred  to  article  XIII,                                                               
section 3  of the Alaska Constitution  and read:  "at  least once                                                               
every ten years  the voters are to be asked  whether they want to                                                               
convene constitutional  convention."   If the voters  approve the                                                               
convening  of a  convention  this fall,  the constitution  states                                                               
that  the lieutenant  governor  shall issue  the  call after  the                                                               
election  is certified,  unless otherwise  provided by  law.   If                                                               
there are  no other provisions in  law, the call is  to be issued                                                               
as closely  as possible to  the original call by  the territorial                                                               
legislature in 1955.  He noted  that the way that call was issued                                                               
may  not  be constitutional  itself  for  a variety  of  reasons.                                                               
Equal protection  decisions that  were rendered that  struck down                                                               
the old  Senate districts' structure  that was originally  in the                                                               
constitution could arguably be applied  to a call for convention.                                                               
He added that  there is some question as to  whether a lieutenant                                                               
governor really  has the ability  to issue a  constitutional call                                                               
for convention.                                                                                                                 
                                                                                                                                
Number 0261                                                                                                                     
                                                                                                                                
MR. BALASH  noted that rather  than try to  wade into all  of the                                                               
details,  the Senate  State Affairs  Committee proposed  to delay                                                               
the  call  of the  convention  to  be  issued by  the  lieutenant                                                               
governor until at least October 1  of the year after the question                                                               
is voted  on affirmatively.   If  the voters  choose to  have the                                                               
convention this  fall, the lieutenant  governor will not  be able                                                               
to issue the  call until October 1, 2003, at  the earliest.  That                                                               
will  give the  next legislature  an opportunity  to take  up the                                                               
issue, invite  scholars and experts  to investigate  these issues                                                               
and make  recommendations to  the legislature,  and it  will give                                                               
the legislature  an opportunity  to spell out  some of  the finer                                                               
points.                                                                                                                         
                                                                                                                                
Number 0374                                                                                                                     
                                                                                                                                
MR.  BALASH said  that in  the  event that  the next  legislature                                                               
isn't able  to reach agreement,  there will be 60  delegates, one                                                               
from  each House  district, and  one from  each Senate  district.                                                               
They  will be  subject to  the same  APOC [Alaska  Public Offices                                                               
Commission] provision  as candidates for  the State House.   That                                                               
would hopefully avoid the influence  of corporations, unions, and                                                               
other  outside  interest  groups  that  shouldn't  influence  the                                                               
conduct of the convention.                                                                                                      
                                                                                                                                
Number 0382                                                                                                                     
                                                                                                                                
MR. BALASH  told the committee  that the convention will  be held                                                               
at the University of Alaska Fairbanks campus.                                                                                   
                                                                                                                                
REPRESENTATIVE  JAMES inquired  about  any  specific issues  that                                                               
would be decided at a constitutional convention.                                                                                
                                                                                                                                
Number 0569                                                                                                                     
                                                                                                                                
MR. BALASH  explained that the  question on the ballot  this fall                                                               
will  simply  ask the  voters  whether  they  wish to  convene  a                                                               
constitutional convention.   Once the convention  is called, then                                                               
amendments,  revisions, or  an entirely  new constitution  can be                                                               
proposed.                                                                                                                       
                                                                                                                                
Number 0830                                                                                                                     
                                                                                                                                
CHAIR  COGHILL asked  for  an explanation  on  the provisions  in                                                               
AS 15.13.                                                                                                                       
                                                                                                                                
Number 0890                                                                                                                     
                                                                                                                                
MR.  BALASH  explained  that  candidates would  not  be  able  to                                                               
receive  more than  $500 each  year from  another individual;  no                                                               
more than  10 percent of the  money they receive may  come from a                                                               
source  outside the  state.   It  may not  come from  any of  the                                                               
prohibited  entities  -  generally  for-profit  corporations  and                                                               
unions  -  and  there  are requirements  for  certain  disclosure                                                               
reports at various times.                                                                                                       
                                                                                                                                
CHAIR COGHILL  commented that he  asked that question  because it                                                               
is  significantly   different  than  the   candidates'  selection                                                               
process for  the original call to  convention in the 1950s.   The                                                               
disclosure laws have changed significantly  from then to now, and                                                               
so has the whole party process.                                                                                                 
                                                                                                                                
Number 0912                                                                                                                     
                                                                                                                                
MR. BALASH pointed out one  issue that the next legislature would                                                               
want  to  consider   is  how  candidates  for   delegate  to  the                                                               
convention would get their name on the  ballot.  In 1955 it was a                                                               
petition process in which a person  had to get at least 5 percent                                                               
of  the voters  from  the  previous general  election  to sign  a                                                               
petition.  However, the size of  those districts varied to such a                                                               
degree that  a person had to  have at least 50  signatures but no                                                               
more  than 200.   He  indicated that  there are  a lot  of little                                                               
things to be considered if the people did vote yes.                                                                             
                                                                                                                                
CHAIR COGHILL asked why October 1 was chosen.                                                                                   
                                                                                                                                
MR.   BALASH  replied   that  October   1  was   chosen  somewhat                                                               
arbitrarily and  to give the  next legislature an  opportunity to                                                               
come to  some kind of agreement.   If by chance  it couldn't come                                                               
to agreement,  it would provide  an opportunity for  the governor                                                               
to issue  a special session if  necessary.  That way  there would                                                               
be enough  time between the end  of session in May  and October 1                                                               
for a reasonable  special session to be called, and  to take into                                                               
consideration people's summer activities.                                                                                       
                                                                                                                                
Number 1065                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD commented  that he  hopes the  wisdom of                                                               
the  people is  not  to  call a  constitutional  convention.   It                                                               
didn't pass the last  two times, and he doesn't know  if now is a                                                               
good time to  put this process in motion in  the eleventh hour of                                                               
the Twenty-Second Legislature.                                                                                                  
                                                                                                                                
Number 1120                                                                                                                     
                                                                                                                                
CHAIR COGHILL  commented that  this is the  first time  since the                                                               
original convention  that having a constitutional  convention has                                                               
been seriously  considered.   He noted  that there  are political                                                               
action groups forming  to have a constitutional  convention.  One                                                               
of the original signers of the  constitution is heading up one of                                                               
those groups.   He said it  is a significant issue  this year and                                                               
worthy of being dealt with.                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON asked  what some  of the  things are  that                                                               
people want to change in the constitution.                                                                                      
                                                                                                                                
MR. BALASH answered  that subsistence, the right  to privacy, the                                                               
permanent fund,  the whole spectrum  of resource issues,  and the                                                               
location  of the  capital are  things that  the convention  could                                                               
deal with.                                                                                                                      
                                                                                                                                
Number 1262                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE  moved  to   report  CSSB  370(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal notes.   There being no objection,  CSSB 370(STA) was                                                               
reported out of the House State Affairs Standing Committee.                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1292                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at                                                                       
6:24 p.m.                                                                                                                       

Document Name Date/Time Subjects