Legislature(2003 - 2004)

03/09/2004 01:44 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
  HOUSE JOINT RESOLUTION NO. 4                                                                                                
                                                                                                                                
       Proposing an amendment to the Constitution of the State                                                                  
       of Alaska relating to the duration of a regular                                                                          
       session.                                                                                                                 
                                                                                                                                
  REPRESENTATIVE RALPH SAMUELS pointed out that HJR  4 proposes                                                                 
  an  amendment  to  Alaska's  Constitution  that  would  limit                                                                 
  regular  legislative  sessions  to  90  consecutive  calendar                                                                 
  days.  If the resolution passes, the proposed constitutional                                                                  
  amendment  would be  presented  to  the voters  at  the  2004                                                                 
  general  election.   Voters  would  decide the  fate  of  the                                                                 
  proposal.                                                                                                                     
                                                                                                                                
  Representative Samuels stated  that ninety days is more  than                                                                 
  enough time for the Legislature to complete business.   In an                                                                 
  era of  decreasing budgets,  reducing the  session by  thirty                                                                 
  days would save State funds.  Shorter sessions would:                                                                         
                                                                                                                                
    (1) Save almost $1 million in per diem and staffing                                                                         
         costs;                                                                                                                 
    (2) Aid in candidate recruitment; and                                                                                       
    (3) Focus the public's attention.                                                                                           
                                                                                                                                
Representative Samuels  added that other states  can do their                                                                   
work in  90 days or  less and that  Alaska should be  able to                                                                   
accomplish   that  also.      Fourteen   other  states   have                                                                   
legislative sessions of 90 days or less.                                                                                        
                                                                                                                                
He elaborated  that another  benefit to  the shorter  session                                                                   
idea is  that Alaskans want  citizen-legislators.   They feel                                                                   
legislators should  be able to carry on a  livelihood outside                                                                   
of  legislative  work.  Shorter sessions  would  encourage  a                                                                   
larger number of  people to run for office and  still be able                                                                   
to make a living at their everyday jobs.                                                                                        
                                                                                                                                
Representative  Samuels   noted  that  prior  to   1984,  the                                                                   
Legislature had no time limit  on the number of days it could                                                                   
remain in session.   The voters approved the  present 120-day                                                                   
limit on  November 6,  1984.   Since that  time, it  has been                                                                   
amply proven that  the Alaska Legislature can  operate within                                                                   
a time limit.                                                                                                                   
                                                                                                                                
Vice  Chair Meyer  asked  about the  history  of the  120-day                                                                   
session.  Representative  Samuels pointed out  that there was                                                                   
information  in member's  packets  on what  other states  do.                                                                   
Historically, Alaska  has slowly  "racketed up the  number of                                                                   
days".  He admitted that he did not know the specifics.                                                                         
                                                                                                                                
Vice  Chair Meyer  noted that  some states  meet every  other                                                                   
year.   He questioned if a  90-day session would  work better                                                                   
in Alaska  than having a  bi-annual session.   Representative                                                                   
Samuels  thought  that  the  biannual   idea  would  be  more                                                                   
difficult because the State's  finances are so dependant with                                                                   
the price of oil.  That price  cannot be determined from year                                                                   
to year.                                                                                                                        
                                                                                                                                
Vice Chair Meyer noted that he supports the bill.                                                                               
                                                                                                                                
Representative Fate noted that  the issue had been proposed a                                                                   
number of  years ago  and had moved  through the  House State                                                                   
Affairs  Committee.     He  questioned  how   thoroughly  the                                                                   
complexity  of the issues  had been  discussed regarding  the                                                                   
Alaskan fiscal dynamics.  Representative  Samuels pointed out                                                                   
that  the first  committee  of referral  had  been the  House                                                                   
State   Affairs  Committee   and   added   that  issues   and                                                                   
legislation  could  continue   to  be  addressed  during  the                                                                   
interim.  Should the legislation  pass, the first legislative                                                                   
session  would  remain  at 120-days  in  order  to  guarantee                                                                   
adequate  time to  discuss the  details  of implementing  the                                                                   
plan.  He advised that there had  been "thorough hearings" to                                                                   
address the issues  brought forth in the House  State Affairs                                                                   
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Harris agreed  that the idea was good.   He inquired                                                                   
  how many states  in the country  have governor's that  choose                                                                 
  all their cabinet  members as well  as the attorney  general.                                                                 
  Representative  Samuels replied  that  he had  been  informed                                                                 
  that Alaska's Executive  Branch is one  of the most  powerful                                                                 
  in the country.                                                                                                               
                                                                                                                                
  Co-Chair Harris  pointed out  that it was  designed that  way                                                                 
  when the Alaska Constitution  was written.  He questioned  if                                                                 
  Alaska really  has the ability  to operate  as a State  given                                                                 
  the current available resources and not using Permanent  Fund                                                                 
  earnings.  He voiced  concern giving up legislative power  in                                                                 
  the third  branch  of government.   He  noted that  he  would                                                                 
  support the legislation if  there was some sort of  guarantee                                                                 
  that  the Legislature  would  have  interim  committees  that                                                                 
  could operate and  move legislation.   He added that  90-days                                                                 
  would be fine if there  was a process in place of working  in                                                                 
  both bodies.   If there is a  situation of different  parties                                                                 
  ruling, the  budget process  could  be much  longer and  more                                                                 
  drawn out.  He stressed  that the Legislature should  attempt                                                                 
  to avoid  situations  of  "extending  legislative  sessions".                                                                 
  Representative  Samuels   reiterated  that   more  work   and                                                                 
  legislation could be handled during the interim.                                                                              
                                                                                                                                
  Co-Chair Harris suggested that the sessions could  be changed                                                                 
  starting in  March  when the  spring forecast  is  available.                                                                 
  The Legislature  could even meet  in Anchorage or  Fairbanks.                                                                 
  Representative  Samuels  commented that  would  be  a  better                                                                 
  process than what currently exists.                                                                                           
                                                                                                                                
  Co-Chair Harris added that the session could be  shortened to                                                                 
  60-days  if legislation  could  be  moved  through  committee                                                                 
  meetings.  He noted that fewer laws would be passed.                                                                          
                                                                                                                                
  Representative Fate pointed  out that in the last two  years,                                                                 
  the Governor  has flooded  the market  with his  legislation.                                                                 
  He  voiced concern  with  not  enough  time  for  the  budget                                                                 
  process and individual  legislation.   The change could  make                                                                 
  it possible to set  up where the Administration dictates  the                                                                 
  "flow of  traffic" without  a committee process.   He  warned                                                                 
  that the idea needs to be thoroughly discussed  before making                                                                 
  the proposed  change.   Representative  Samuels  argued  that                                                                 
  other than the budget,  the Legislature does not "have  to do                                                                 
  anything".  If the budget information is available  the first                                                                 
  month of the  session, bills  could be placed  on the  agenda                                                                 
  following that process.                                                                                                       
                                                                                                                                
  Representative Fate  agreed  that problems  could result  and                                                                 
  that last year, the scenario with the Governor's  sixty bills                                                                 
  did impact the flow of legislation.                                                                                           
                                                                                                                                
  Representative  Stoltze commented  that  with a  mission  and                                                                 
  focus much could  be accomplished in  a limited time  period.                                                                 
He  provided   an  historical   reference  to  amending   the                                                                   
constitution.     Representative  Stoltze  thought  that  the                                                                   
government must  be responsive and limited; the  balance will                                                                   
have to be addressed.  Representative  Samuels enumerated the                                                                   
days not in session as outlined in the information packet.                                                                      
                                                                                                                                
Co-Chair Harris asked  if there had been discussion  given to                                                                   
having a short  session outside of Juneau, lasting  perhaps a                                                                   
week, in order  to move a bill to the floor.   He pointed out                                                                   
that  otherwise,  the bills  would  have  to wait  until  the                                                                   
following  session  to  be  heard.    Representative  Samuels                                                                   
replied that  discussion had  not yet happened.   He  did not                                                                   
think  it  was  a bad  idea,  reiterating  that  a  shortened                                                                   
session  would help  to spread  out the workload.   He  added                                                                   
that it  could help  the public process  and create  a better                                                                   
product  increasing  the  number   of  people  participating.                                                                   
Representative  Samuels  advised  that  he did  not  see  the                                                                   
"projected  $1  million  dollar  savings", as  it  will  cost                                                                   
transport   legislators  from   place   to  place,   however,                                                                   
indicated that he  did not think it would cost  more than the                                                                   
$1 million dollars.                                                                                                             
                                                                                                                                
Co-Chair  Harris pointed  out that the  Alaska Statutes  call                                                                   
for  the  Legislature  to  meet  in  Juneau  and  a  "special                                                                   
session" as determined by the  Legislature can be determined.                                                                   
                                                                                                                                
Representative  Stoltze thought  that  the legislation  would                                                                   
create a  need for  a comprehensive  revision of the  Uniform                                                                   
Rules in order to allow for such  a revision.  Representative                                                                   
Samuels agreed.   He acknowledged that they would  have to do                                                                   
a  lot of  work,  "looking at  how  business  is being  done,                                                                   
internally", and if the same rules would continue to apply.                                                                     
                                                                                                                                
Representative  Stoltze pointed  out that  any change  to the                                                                   
Uniform  Rules   would  need  a   2/3  vote  of   the  entire                                                                   
Legislature.                                                                                                                    
                                                                                                                                
Representative  Fate   commented  on  the   proposed  interim                                                                   
committee.  He  asked if there would be discussion  on having                                                                   
time certain  discussions or  if they would  be more  ad hoc.                                                                   
Representative Samuels  pointed out that  recommendations had                                                                   
been made  to spread  the workload  out throughout  the year.                                                                   
He acknowledged  that the specifics  had not been  discussed.                                                                   
HJR 4 would only establish the framework.                                                                                       
                                                                                                                                
Representative  Fate voiced concern  if legislators  could be                                                                   
efficient in  a 90-day period.   He asked if  that discussion                                                                   
had taken  place.   Representative Samuels  admitted  that in                                                                   
detail, it had not.                                                                                                             
                                                                                                                                
Co-Chair Harris  stated additional  consideration would  need                                                                   
to  be  given  to issues  regarding  the  timetable  for  the                                                                   
  Governor submitting his budget and the amendments.                                                                            
                                                                                                                                
  Co-Chair  Harris MOVED  to  report  CS  HJR 4  (STA)  out  of                                                                 
  Committee  with  individual  recommendations  and   with  the                                                                 
  accompanying fiscal notes.  There being NO OBJECTION,  it was                                                                 
  so ordered.                                                                                                                   
                                                                                                                                
  TAPE HFC 04 - 55, Side B                                                                                                    
                                                                                                                                
                                                                                                                                
  CS HJR  4 (STA)  was reported  out of  Committee  with a  "no                                                                 
  recommendation" and with fiscal note #3 by the  Office of the                                                                 
  Lt. Governor and  fiscal note #4  by the Legislative  Affairs                                                                 
  Agency.                                                                                                                       

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