SB 69-ADVISORY VOTE ON ELECTED AG MARK HODGINS, legislative aide to Senator Ward, co-sponsor of SB 69, gave the following presentation. SB 69 authorizes an advisory vote by the people on whether to elect the attorney general. Many states elect their attorneys general, as opposed to having that important position be determined by a political appointment. The states of Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming have attorneys general appointed by their governors; Maine has an attorney general elected by its Legislature; and the attorney general of Tennessee is appointed by the judges of its Supreme Court. Many believe an elected attorney general is likely to be more loyal to the state's residents and its Constitution. Tam Cook, Director of the Division of Legal Services, prepared a memo which lists the arguments for and against the election of the attorney general, included in committee packets. One argument for election is that if the attorney general acts as the legal advisor to the Governor and other state officials, he/she is compromised as far as working for issues for the people of the State of Alaska. SENATOR PHILLIPS questioned how the judges of the Tennessee Supreme Court are selected. MR. HODGINS did not know. SENATOR ELTON asked about the fiscal note for SB 69. MR. HODGINS replied the fiscal note was just delivered and contains a cost of $1,500 to place the question on the ballot, except that the cost will increase slightly if the ballot contains more than six questions. Number 239 JIM BALDWIN, Assistant Attorney General, Department of Law, stated he has had the pleasure of serving under governors of three parties, so his perspective is from the institution of the office of the attorney general. The function of the Alaska attorney general's office has been viewed as one of legal advisor to the governor; not as legal advisor to the people. Alaska government was constructed so that the Governor was to be the statewide officer elected by the people and served by his appointees. One of the reasons the state government was not designed to have a lot of other elected officials was to ensure accountability. If the government is not efficient, the people can hold one person responsible. If a multitude of elected officers existed, one could blame the other for the inefficiencies. During the Constitutional Convention, the common practice electing people to official positions to diffuse federal power was changed because Alaska would no longer need to shield itself from federal power. A legal issue that merits consideration is that under Article 12 of the Alaska Constitution, a constitutional amendment is meant to be a specific legislative proposal put before the people; an advisory vote asks voters to vote on a concept. Number 308 SENATOR PHILLIPS noted two advisory votes were voted on by Alaskans in the past 20 years that were never acted upon by the Legislature: the unicameral legislature and the annuity for the Longevity Bonus Program. He stated an advisory vote is merely a check on the pulse of the people at that moment in time and should not be feared. MR. BALDWIN said in his view, the best way for the peoples' voice to be heard is through the legislators they elected. He added the problem with advisory votes is that they are difficult to put into action. SENATOR PHILLIPS replied an advisory vote is another tool for legislators to use to determine how the public wants it to respond to certain issues. Number 348 SENATOR GREEN questioned what type of vote was considered in the Governor's proposal to ask voters to determine the best way to capture resources through various state accounts to cover the budget shortfall. MR. BALDWIN said that proposal called for an advisory vote, but it had a very substantive effect because the Legislature would be making appropriations that would take effect when a certain vote was certified from that election. The reason it was called an advisory vote was because of the lurking legal issue concerning delegation of legislative functions. The theory is that the Legislature is sent to Juneau to enact laws, and a legal question arises when that function is transferred to someone else, such as the people. In the Governor's bill, the people would not be determining the law, they would be determining when it would take effect. There being no further testimony on SB 69, SENATOR GREEN moved SB 69 from committee with individual recommendations. SENATOR ELTON objected and stated he believes Alaskans have been well served by the attorneys general of the past and because the same kind of information can be obtained by conducting a poll. The motion carried with Senators Green, Phillips, Wilken, and Ward voting "Yea," and Senator Elton voting "Nay."