Legislature(1993 - 1994)

02/22/1993 01:00 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HJR 15 100 DAY SESSION LIMIT                                                 
                                                                               
  Number 456                                                                   
                                                                               
  REP. KOTT, sponsor of HJR 15, noted that the idea of a                       
  shorter legislative session was not new.  He said that the                   
  resolution would reduce the session from 120 days to 100                     
  days.  He noted that from 1975 to 1984, the legislative                      
  sessions averaged 146 days.  Then, he said, a constitutional                 
  amendment was passed, requiring a 120-day limit on                           
  legislative sessions.  Since then, he noted, the shortest                    
  session had been 119 days.  He called his resolution a                       
  moderate approach, and said that there was fairly strong                     
  support for a shorter session.                                               
                                                                               
  REP. KOTT commented that several similar measures had been                   
  introduced since 1984.  He noted that 26 states currently                    
  had shorter legislative sessions than Alaska did.  He said                   
  that shortening legislative sessions would send a clear                      
  message to the public that the legislature meant business                    
  when it came to cutting the budget.  He indicated his belief                 
  that the voters would approve HJR 15.                                        
                                                                               
  Number 500                                                                   
                                                                               
  REP. DAVIDSON noted that democracy was not an efficient                      
  process.  He asked that Rep. Kott provide specific reasons                   
  for shortening the legislative session, besides saving                       
  money.  He also asked Rep. Kott what prevented the                           
  legislature from finishing up its business before the 120-                   
  day deadline now in place.  He questioned the wisdom of                      
  placing further artificial restraints on lawmakers' ability                  
  to conduct business.  He said that a shorter process might                   
  make for hasty legislation.  He stated that he was not                       
  convinced that the state's business should be hurried.                       
                                                                               
  Number 536                                                                   
                                                                               
  REP. KOTT commented that during his campaign, voters                         
  repeatedly said that the legislative session was too long.                   
  He reiterated Rep. Davidson's point that democracy was not a                 
  swift process.  He noted that prior to 1984, sessions                        
  averaged 146 days, but said that once the constitutional                     
  amendment had passed, legislators had managed to finish                      
  their business in 120 days.  He noted that given 120 days,                   
  the legislature would take that long to accomplish its                       
  business.                                                                    
                                                                               
  REP. KOTT mentioned the majority caucus' moderate proposal                   
  to adjourn after approximately 110 days.  He cited support                   
  for a shorter session, from the Anchorage Daily News, the                    
  public, and the Governor.                                                    
                                                                               
  Number 567                                                                   
                                                                               
  REP. JAMES noted that as a freshman legislator, she had seen                 
  some processes which could be speeded up, but also noted her                 
  concern at the speed at which some things did happen.  An                    
  example of hurried legislation that she cited was the                        
  constitutional budget reserve fund.  She said that if that                   
  amendment had been more carefully analyzed and prepared, the                 
  legislature would not face the problems in its                               
  interpretation that now had to be faced.                                     
                                                                               
  REP. JAMES commented that she could not honestly say that                    
  she was familiar with every bill before her.  She added her                  
  belief that the legislature needed to closely deliberate                     
  legislation.  She said that a 100-day session would not                      
  necessarily change the public's view that legislators took                   
  the public's money and did absolutely nothing with it.  She                  
  expressed certainty that the voters would approve a measure                  
  creating a 100-day session, but said she was not convinced                   
  that the legislature should give the public that                             
  opportunity.                                                                 
                                                                               
  Number 598                                                                   
                                                                               
  REP. PHILLIPS stated that her grandfather had been a member                  
  of the territorial legislature.  She noted the travel                        
  hardships experienced by legislators in those days, and said                 
  that sessions then lasted no more than 60 days.  Her                         
  grandfather had told her that the session did not need to                    
  last longer than 60 days, as the territory had no money to                   
  spend.                                                                       
                                                                               
  REP. PHILLIPS commented that the legislature had always been                 
  comprised of citizen legislators.  She said that in the                      
  1970s people saw that lengthy sessions precluded many people                 
  from participating in the legislature, as many people were                   
  unable to be away from their jobs and other responsibilities                 
  for extended periods of time.                                                
                                                                               
  REP. PHILLIPS said that the legislature should do all it                     
  could to ensure that it remained a citizen legislature.  She                 
  commented that HJR 15 was a step in the right direction.                     
                                                                               
  REP. KOTT noted that computer technology had helped to speed                 
  up the legislature's job.                                                    
                                                                               
  Number 651                                                                   
                                                                               
  REP. DAVIDSON mentioned that in 45 days, the legislature had                 
  still not managed to fill all of the seats on the Select                     
  Committee on Legislative Ethics.  He noted that some things                  
  took longer than others.  He questioned the wisdom of                        
  constitutionally mandating the number of days in which the                   
  legislature was required to accomplish its business.  He                     
  noted that the public had little idea of how the legislature                 
  functioned.                                                                  
                                                                               
  REP. DAVIDSON commented that while the legislature was away,                 
  the executive branch played.  He mentioned the checks and                    
  balances system in government.  He noted that nothing now                    
  prevented the legislature from getting the job done early.                   
  He said that the legislative process was a long, slow and                    
  arduous one, and that no more artificial restrictions should                 
  be placed on it.  He said that the more the legislature was                  
  confined, the more debate and deliberation and democracy                     
  would suffer.                                                                
                                                                               
  Number 707                                                                   
                                                                               
  REP. KOTT responded that if, while the legislature was away,                 
  the executive branch played, perhaps the legislature should                  
  meet for 365 days.  He noted that the legislature would use                  
  as much time as the constitution allowed.                                    
                                                                               
  Number 725                                                                   
                                                                               
  CHAIRMAN PORTER commented that when he first arrived in                      
  Juneau, he felt that a shorter session was appropriate.  He                  
  said that his constituents also felt that way.  However, he                  
  noted that he was no longer so certain that a shorter                        
  session was a good idea.  He said that he would support                      
  passing the bill out of committee, due to statements he had                  
  made prior to arriving in Juneau.  He stated that the                        
  legislative process was not designed to be quick.                            
                                                                               
  REP. JAMES made a motion to move HJR 15 out of committee,                    
  with individual recommendations.                                             
                                                                               
  Number 750                                                                   
                                                                               
  CHAIRMAN PORTER, hearing objection, held a roll call vote.                   
  Reps. Nordlund, Phillips, Kott, James and Porter voted                       
  "yea."  Rep. Davidson voted "nay."  And so, HJR 15 moved out                 
  of committee with individual recommendations.                                
                                                                               
  Number 757                                                                   
                                                                               
  REP. DAVIDSON expressed his concern that HJR 15 was the                      
  second constitutional amendment that had been swiftly                        
  approved by the committee.  He said that he would like to                    
  hear more about the 26 states that had session limitations                   
  like the one proposed in HJR 15.  He said that he had hoped                  
  that the Judiciary Committee would put more effort into                      
  looking at all perspectives on an issue to ensure sufficient                 
  discussion.  He mentioned the value of Judge Stewart's                       
  comments on HJR 1.  He said that he feared what would have                   
  become of HJR 1 had Judge Stewart not been present to                        
  testify.                                                                     
                                                                               
  REP. DAVIDSON commented that the committee should hear from                  
  citizens who thought that session limitations were a good                    
  idea, to find out what their understanding of the                            
  legislative process was.  He noted that there was always a                   
  perspective that was not examined or understood.  He                         
  expressed his belief that hasty constitutional amendments                    
  chipped away at the foundations upon which our government                    
  was built.  He stated that he felt that the committee had                    
  not sufficiently examined HJR 15, and said that he doubted                   
  that any other committee would seriously examine the                         
  resolution either.  He commented that the committee was                      
  acting irresponsibly.                                                        
                                                                               
  CHAIRMAN PORTER responded that he did not disagree with any                  
  of Rep. Davidson's comments.  He noted his surprise that                     
  there were not any individuals who wanted to testify on the                  
  issue.  He indicated his belief that the resolution would                    
  receive ample discussion between now and when it was voted                   
  on, on the House floor.                                                      
                                                                               
  CHAIRMAN PORTER announced that HB 100, Prosecution of                        
  Juvenile Felons, was the next item of business before the                    
  committee.                                                                   

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