Legislature(2021 - 2022)BUTROVICH 205
05/04/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB126 | |
| HB3 | |
| SB39 | |
| SB118 | |
| SB31 | |
| SB120 | |
| SJR12 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 39 | TELECONFERENCED | |
| += | SB 118 | TELECONFERENCED | |
| += | SB 120 | TELECONFERENCED | |
| += | SB 31 | TELECONFERENCED | |
| *+ | HB 3 | TELECONFERENCED | |
| *+ | SB 126 | TELECONFERENCED | |
| *+ | SJR 12 | TELECONFERENCED | |
| *+ | SB 108 | TELECONFERENCED | |
| *+ | SB 109 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 126-REPEAL 90 DAY SESSION LIMIT
3:34:29 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 126
"An Act relating to the duration of a regular session of the
legislature; and providing for an effective date."
3:34:42 PM
SENATOR GARY STEVENS, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 126, stated that the Alaska Constitution
recognizes a 120-day legislative session. In 1986, the
legislature met longer than 120 days and passed 29 bills after
the midnight deadline. After a court challenge, the Alaska
Supreme Court ruled that day one is ceremonial and therefore
sessions are 121 days.
SENATOR STEVENS provided an historical perspective of the 90-day
session limit. He explained that in 2006, two legislators
spearheaded a ballot initiative to end sessions after 90 days to
accommodate their personal needs as a fisherman and an hotelier.
The initiative narrowly passed, but the arguments used to pass
it have proven to be untrue. He offered his belief that the 90-
day sessions do not allow time for the legislature to do its
work and the short duration allows the executive branch and
lobbyists to dominate. The legislature needs relief from the
statutory constraint of a 90-day session to return to the 120
days set forth in the Alaska Constitution. He deferred further
introduction to Mr. Lamkin.
3:37:33 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, stated that SB 126 simply repeals
AS 24.05.150(b), which passed in 2006 and became effective in
2008, establishing a 90-day session. The bill restores the 120-
day session, which is in line with the Alaska Constitution. [The
Alaska Supreme Court ruled that day one of the legislative
session is ceremonial and sessions therefore are 121 days.
3:38:03 PM
CHAIR SHOWER recognized that Senator Costello had joined the
meeting on Teams. He asked her to state her presence and
location.
SENATOR COSTELLO identified herself and stated that she was in
her office, Capitol room 119.
MR. LAMKIN began the PowerPoint presentation on SB 126 starting
with the background and history. He explained that from 1913 to
1958, the Territorial Legislature met biennially for 60 days. A
60-day session was debated during the 1958 Constitutional
Convention but it was voted down by a 20:32 vote. Without a
limit, sessions were of varied length. In 1983 HJR 2 passed and
the issue was placed on the ballot. The measure passed in 1984
with roughly 60 percent in favor of a 120-day limit. It passed
with a margin of 52,000 votes. The 120-day sessions continued
until 2007 when the 2006 ballot initiative pursuing a 90-day
session became effective.
CHAIR SHOWER asked if a pattern for session length emerged based
on whether it was an election year or not.
3:40:54 PM
MR LAMKIN said he had several graphs later in the presentation
that would answer the question. He turned to slide 3 that
depicts the official results from the November 2006 vote. He
highlighted that this election was the third lowest turnout
since 1976. The measure passed with a 3,800 vote margin and
6,800 of the voters took a ballot but did not vote on this
issue. He offered his perspective that those who did not vote on
the issue perhaps thought that the legislature should make the
decision.
3:41:43 PM
MR. LAMKIN displayed an excerpt from the 2006 election pamphlet
showing the summary of the measure and the statement in support
a 90-day session. A primary theme was that there would be a
savings of 30 days of per diem and legislative operating
expenses. However, there has been no change in the legislative
budget. Monies were transferred from the session budget to the
interim budget in anticipation of more interim meetings and
special sessions, and the data shows this has happened. In fact,
travel, per diem, and technical expenses associated with holding
more interim meetings and special sessions have all increased.
The promised cost savings have been a wash.
3:43:31 PM
MR. LAMKIN said petition organizers circulated a graph showing
that 27 other states have a shorter session than Alaska but it
did not demonstrate the difference between Alaska's 120
"calendar" legislative days and states with "session"
legislative days that only count the days the legislature is on
the floor. For example, Hawaii has a 60-day legislative session
but it met for 100 calendar days in 2020-2021. Indiana meets for
60 legislative days in odd years and 30 legislative days in even
years but they just adjourned after meeting for 116 calendar
days. He described the supporting argument as a twist on the
facts.
3:45:05 PM
MR. LAMKIN displayed a bar graph of the same data and pointed
out that Alaska is squarely in the middle of the states and that
SB 126 maintains that position. He said every state has its own
reasons for setting the length of its legislative sessions but
it does not matter.
He turned to a graph of Alaska's legislative session days from
1970 to 2019. Responding to an earlier question, he confirmed
that sessions tend to be shorter in election years. He directed
attention to the wide variation in data points when there was no
limit. In response to 160-day legislative sessions, the voters
approved HJR 2 and the 120-day session took effect in 1984. He
pointed to the relatively stable data points from 1984 to 2005
and highlighted that session lengths were again sporadic after
the 90-day session took effect. He said he would argue that this
graph illustrates that the 120-day session brought stability to
the legislative process.
3:47:02 PM
MR. LAMKIN said the third point in support of the 90-day session
was that since 1990, 24 pieces of legislation were introduced
but did not reach the floor in either body. He pointed out that
legislation that has no chance of passing is introduced all the
time; it is the legislature's prerogative to act or not act on
any issue. Performance should not be based on the number of
bills passed. He cited examples of perennial issues including
abortion that has been introduced 67 times since 1990 and move
the Capitol that has been introduced 31 times since 1990.
Additional issues include oil and gas taxation, subsistence,
pre-K, mining taxes, and compulsory school age. He said the
sponsors' logic was not well founded.
MR. LAMKIN pointed out that a 90-day session in no way restricts
the legislature from calling itself into special session. The
constitutional framers wanted to balance the power of state
government by extending this authority to the legislature but it
takes a two-thirds vote of each body. He pointed to the line
graph on slide 18 of the total days the Alaska Legislature has
spent in special session from 1959 to 2019. The governor has
called a special session 37 times and the average duration was
16 days. The legislature called itself into special session 8
times and the average duration was 8 days. He highlighted that
the frequency and length of the special sessions has increased
substantially since 2006 when the 90-day session took effect.
3:50:11 PM
MR. LAMKIN said the petition organizers also argued that
reducing the length of the session to 90 days would encourage
more people to run for office. He directed attention to the
graph on the next slide that depicts the number of candidates
over the past 60 years. On average, 152 candidates ran for a
legislative seat in the 1960 to 2020 elections and 160
candidates ran in elections from 1960 to 2007. Since 2008 when
the 90-day session took effect, 125 candidates have run for
office, which he said is clear evidence that the 90-day session
has not increased the candidate pool.
MR. LAMKIN said he is a staunch proponent of balancing power
between the people's branch of government and the executive
branch and he believes the 90-day session directly shifts power
from the legislative to the executive branch. The 90-day session
is not working, he said.
3:53:11 PM
SENATOR KAWASAKI commented that he believed in the 2006
initiative and he helped collect signatures, but it does not
work the way it was intended. He said he tends to support the
bill but he would like more discussion.
3:54:07 PM
CHAIR SHOWER opened public testimony SB 126
3:54:28 PM
ADAM HYKES, representing self, Homer, Alaska, said the 90-day
limit has rarely been met but he believes it is unwise to remove
all constraints. He proposed the committee amend to bill to
create a 120-day limit instead of simply removing the 90-day
limit. He said he expects legislators to be professional and
work together to achieve that end. He said he would not support
SB 126 without the amendment.
MR. LAMKIN said SB 126 would repeal the 90-day session in
statute, but per the Alaska Constitution the session limit would
remain 120 days.
3:56:16 PM
CHAIR SHOWER closed public testimony on SB 126. He advised that
written testimony on all the bills heard today could be sent to
[email protected].
SENATOR COSTELLO stated support for Mr. Hykes' suggestion. She
offered her belief that the 90-day session costs more and adds
uncertainty. She said she views aligning the statute with the
constitution as a streamlining measure. She said she would be
willing to offering the amendment herself or with Senator
Kawasaki.
3:58:56 PM
SENATOR HOLLAND stated support for the measure.
3:59:14 PM
CHAIR SHOWER held SB 126 in committee.