HOUSE JOINT RESOLUTION NO. 36 Proposing amendments to the Constitution of the State of Alaska relating to redistricting of the legislature, and repealing as obsolete language in the article setting out the apportionment schedule used to elect the members of the first state legislature. Co-Chair Therriault spoke to changes made to Page 3, Line 19, resulting from Committee concerns. The change keeps the 60-day requirement which could be problematic. Co- Chair Therriault noted that Amendment #2 would address that concern. [Copy on file]. It would guarantee the transition from one plan to the next. Co-Chair Therriault MOVED to adopt Amendment #2. (Tape Change HFC 98- 54, Side 2). Co-Chair Therriault explained the intent addressed concerns in those areas of the State which could loose representation because their population had declined. That could result in litigation to keep the old plan in place for two years. Representative Mulder questioned if the timing would cause concern for the Court system. Co-Chair Therriault noted that the Court established a plan with minor flaws to work as an interim plan. Representative J. Davies voiced concern that should there be a legal challenge and if that challenge was resolved 30 days before the election, then which plan would the election be held under. Co-Chair Therriault responded that the Courts have moved the primary date back in previous years to accommodate all the time lines. In working with the Division of Elections, the Court could make it work. There being NO OBJECTIONS to Amendment #2, it was adopted. Representative J. Davies MOVED to adopt Amendment #3. [Copy on file]. Co-Chair Therriault OBJECTED. Representative J. Davies stated that Amendment #3 would address an issue raised by Assistant Attorney General Baldwin. It would allow the redistricting board to take into account and deduct non-resident military personnel and dependants. Co-Chair Hanley opposed the amendment, which he felt would be unconstitutional. Representative Mulder added that from the Hickel vs. Southeast Conference case in 1992, the Court found it impossible to accurately identify non-resident military personnel. Representative Martin echoed his opposition. Representative J. Davies WITHDREW the MOTION to adopt Amendment #3. There being NO OBJECTION, it was withdrawn. Representative Mulder MOVED to report CS HJR 36 (FIN) out of Committee with individual recommendations and with the accompanying fiscal note. CS HJR 36 (FIN) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Office of the Lt. Governor dated 1/23/98.