HOUSE JOINT RESOLUTION NO. 5 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. Representative Therriault, sponsor of HJR 5, gave a brief overview of the legislation. He noted that the resolution is designed to bring term limits to the State of Alaska Legislature. He observed that the legislation treats the House and Senate the same. Members of each body would be limited to twelve regular sessions of continuous service before being required to depart for two regular sessions. He noted that discussions had suggested that term limits from 8 to 16 years be adopted. He observed that "regular sessions" served will be used to calculate "sessions" served. A person could not serve more than 12 consecutive regular legislative sessions. They could not hold office again until two regular legislative sessions have elapsed. Representative Therriault observed that section 2 clarifies that special sessions do not count toward the 12 regular sessions. He added that the House Judiciary Committee amended the legislation to allow a Senate term to be 6 completed if the 12 years fell in the middle of a term. Representative Therriault noted that a member could be appointed to serve before, during or after they run for elective office. The legislation states that an appointment to fill a vacancy shall not be considered when tabulating tenure, unless it is the result of resignation from one House to fill the appointment in the other House. Representative Navarre expressed support for HJR 5. He preferred an immediate effective date. He suggested that House terms be staggered terms of four years. He emphasized the high expense and time required to ensure a successful election. In response to a question by Representative Mulder, Representative Therriault clarified that any combination of House and Senate service that equals 12 consecutive years would trigger the cut off, unless the individual is half way through a Senate term, in which case they would finish the term. Representative Therriault stressed problems associated with an immediate effective date. He noted that the resolution would not be voted on untill the next election. He emphasized that members could be immediately cut off if they have served 12 years, even if they were just elected. Representative Kelly questioned if a series of plans could be put on the ballot. Representative Therriault stated that a resolution could not list different options. He did not feel that a member's effectiveness would be limited by the knowledge that they would not be allowed to run during the next election. He stressed that they could run after the two year waiting period. He emphasized that the intent is to try and reduce the incumbent's advantage. Representative Brown suggested that the resolution be effective two years after being adopted during a general election. She questioned the necessity of creating an exception for members being appointed to another House. She asked how appointments would be counted. Representative Therriault clarified that appointments would not be count toward the 12 years. He clarified that the intent in providing an exception for members who resign from one House to fill the appointment in the other House, is to prevent the appointment from being interpreted as a break in service that would invalidate the prior time served. Representative Navarre noted the high percentage of turnover among House members. 7 Representative Martin emphasized that the resolution will result in public debate. He emphasized that the constitutional amendment needs to be clearly stated. He observed that the National State Legislative Conference recommends term limits of 12 years. Representative Therriault agreed that the Alaska State Legislature has a healthy turnover. He emphasized that the legislation is designed for the exception. He argued that a member can effectively serve their district in 12 years. He reiterated that a member can run again after the two year break. In response to a question by Representative Parnell, Representative Therriault observed that the United States Supreme Court has agreed to take under consideration the State of Arkansa's Supreme Court ruling that the State could not restrict eligibility of federal candidates. Representative Kelly stated his preference for the addition of "in one body" after "consecutively" on page 1, line 9; and the change from "12" to "8". The amendment would allow a person to serve 8 years in the House and then 8 years in the Senate without a break. Co-Chair Hanley clarified that a person would have to sit out two years before serving again in the same body. Representative Brown asked if subsection (c) on page 2 would be affected. Co-Chair Hanley pointed out that the amendment as suggested would allow a member to return to the House after serving 8 years in the Senate and 8 years in the House. A member could continue to serve if they switched bodies every 8 years. Representative Kelly clarified his intent that a member be allowed to serve eight years in the House then 8 years in the Senate, and then be required to sit out two years before returning to service. Co-Chair Hanley suggested that the amendment would need further drafting. Representative Martin reiterated that constitutional amendments should be short and clear. Representative Therriault pointed out that members that did not move to the Senate would be limited to eight years in the House. He argued in favor of the original bill. Co- Chair Hanley expressed support for Representative Therriault's original version. Representative Kelly argued that the right of the people to elect the representative of choice should be protected. He asserted that the needs of the district must be considered. 8 Representative Therriault noted that 22 states have passed initiatives to limit the terms of their congressional members. Of those 22 all but 2 (Alaska and North Dakota) have also enacted term limits for their state representatives. HJR 5 was HELD in Committee for further discussion. (Tape Change, HFC 95-24, Side 2)