SB 307 am - U.S. SENATE VACANCIES Number 0009 CHAIR JAMES announced the first order of business was SB 307 am, "An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date." She noted she had before her a committee substitute that was identical to the original bill. Number 0020 REPRESENTATIVE FRED DYSON made a motion to adopt proposed committee substitute, 0-LS1574\F, Glover, 3/20/98 as the working draft. There being no objection, that version was before the committee. Number 0026 BILL STOLTZE, Legislative Administrative Assistant to Senator Rick Halford, Alaska State Legislature, explained that the version of SB 307 just adopted by the committee does not contain an amendment adopted on the Senate floor that required confirmation by the legislature. He indicated that he heard Assistant Attorney General Jim Baldwin's testimony given at the previous meeting and understood the committee's concerns. He stated he would have spoken in favor of Representative Berkowitz's amendment on Senator Halford's behalf at that same meeting, but did not have the opportunity to do so. CHAIR JAMES maintained that there is a good rationale for Representative Berkowitz's amendment but her concern is its cost. She asked Mr. Stoltze if Senator Halford would be happy with the adoption of that amendment. Number 0047 MR. STOLTZE said he does not expect the provision of the amendment will need to be implemented, and hopes it will not, but Senator Halford feels the cost will probably be a one-time expenditure. Mr. Stoltze stated, "We've seen the value of a U.S. Senate seat. I guess it's a pretty good pay-off if you do it right the first time." CHAIR JAMES stated the committee would have to vote to rescind its action on failing to approve Amendment 1. Number 0066 REPRESENTATIVE ETHAN BERKOWITZ made a motion to rescind the committee's previous failure to adopt Amendment 1. There being no objection, it was so ordered. REPRESENTATIVE DYSON asked for an explanation of that action. CHAIR JAMES explained Amendment 1 was proposed by Representative Berkowitz. That amendment requires that a vacant U.S. Senate seat be filled by a special election, rather than by an appointment by the Governor. REPRESENTATIVE DYSON asked if committee members had a copy of the amendment. CHAIR JAMES said a copy should be in each committee members' packet. Number 0106 CHAIR JAMES announced Representative Ivan had arrived. She informed him that the committee had just rescinded its action failing to adopt Amendment 1. REPRESENTATIVE BERKOWITZ indicated the amendment essentially requires a special election to be held to fill a U.S. Senate seat under all circumstances, instead of requiring a gubernatorial appointment. Number 0133 CHAIR JAMES noted Representative Ivan wanted to hear from Mr. Stoltze on this issue. MR. STOLTZE confirmed that Senator Halford does support the amendment that was proposed by Representative Berkowitz because it moves the legislature in the same direction as it is going with the constitutional problems of legislative confirmation. CHAIR JAMES stated the motion to adopt Amendment 1 was before the committee. REPRESENTATIVE DYSON maintained the election of public officers is inordinately precious in our process, and although he appreciates the concerns expressed about the cost, he believes a participatory democracy is so precious that the legislature should bite the bullet and spend the money. Number 0165 CHAIR JAMES asked if there are any objections to the amendment. There being no objection, Amendment 1 was adopted. Number 0170 REPRESENTATIVE BERKOWITZ made a motion to move HCSSB 307(STA) out of committee with individual recommendations and the attached fiscal notes. There being no objection, HCSSB 307(STA) moved out of the House State Affairs Standing Committee. BARBARA COTTING, Legislative Assistant to Chair James, asked if she would have to get another fiscal note on the bill. CHAIR JAMES responded there may not be a fiscal note because no special election is scheduled.