SJR 32 CONSTITUTIONAL DEFENSE COUNCIL  SENATOR TAYLOR, prime sponsor of SJR 32, informed committee members the measure would amend the Alaska Constitution to create a constitutional defense council which could, on behalf of the state, bring actions or intervene in actions, involving questions of state or federal constitutional law. In the past year, the Governor dismissed the Babbitt case a few days before it was to be heard before the Ninth Circuit Court of Appeals. That case decided who would implement federal regulations concerning subsistence in Alaska. Dismissal of that case allowed the federal government to proceed, without objection, in drafting and imposing regulations on Alaskans which is in violation of the Alaska Constitution according to the Alaska Supreme Court. The legislature attempted to bring that action but was denied on the basis of standing. Similarly, an appeal was recently dismissed regarding tribal status. Dismissal of that appeal forfeited significant state constitutional rights. SJR 32 would allow voters to amend the Constitution to establish a council comprised of five appointed members, subject to confirmation by a majority of the legislature with the presiding officers of each house serving as ex-officio members. One member would be appointed by the Governor, two by the House Speaker, and two by the Senate President. Appointed members would serve five- year terms, and could be removed for cause only by the appointing authority. Terms would be staggered. The constitutional amendment would be placed before the voters during the next election cycle. Number 085 SENATOR GREEN asked if SJR 32 is patterned after constitutional amendments from other states. SENATOR TAYLOR replied two other states have amended their constitutions. In both states, the council acts in an advisory capacity to the Governor, however both states have an elected attorney general. If the governor disagrees with the advisory group, public debate would likely bring about intervention or involvement in litigation to protect the state's constitution. That amendment is considered to be a first step in both of those states, but if it does not prove to be effective, legislation similar to SJR 32 will be introduced. SENATOR ADAMS asked which states have amended their constitutions. SENATOR TAYLOR responded Arizona and Utah. SENATOR ADAMS asked, had this council been in place, what issues it would have challenged. SENATOR TAYLOR replied, aside from the two cases previously mentioned, there have been times in the past when the legislature attempted to intervene in litigation and was denied that opportunity due to standing. Number 136 BERNARD GOODNO, testifying from Delta Junction, stated he believes a constitutional defense council is unnecessary. If legislators uphold their oath of office, every law passed would conform to the Constitution. Any publically-elected official not upholding that oath is committing treason and should be tried. SENATOR TAYLOR noted this bill does not address legislation passed in the state, as adequate procedures and precautions exist, however it does address federal legislation which mandates action be taken in the state. He felt removal of office to be a harsh standard to use if a better method is available. MR. GOODNO stated he is reviewing other court cases regarding jurisdiction of the federal government and offered to send information to the committee. GENE OTTENSTROER, testifying from Delta Junction, did not believe a council is necessary, and questioned whether its formation would be legal since the council would not be publically elected yet have power to change the Constitution. He questioned whether a council, appointed by government officials, should have that power. SENATOR TAYLOR explained the council would only have the authority to bring suit if it believed the Alaska Constitution was being violated. MR. OTTENSTROER disagreed, and believed it could make changes to the Constitution. There being no further testimony, SENATOR GREEN moved SJR 32 out of committee with individual recommendations. SENATOR ADAMS objected. The motion carried with Senators Taylor, Green, and Miller voting "yea," and Senator Adams voting "nay." SENATOR ADAMS wished Senator Taylor luck in obtaining 14 votes.