Legislature(2001 - 2002)
05/11/2002 06:08 PM House STA
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* first hearing in first committee of referral
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+ 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.
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