Legislature(2009 - 2010)CAPITOL 120

04/12/2010 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 244 GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES TELECONFERENCED
Moved HCS SB 244(JUD) Out of Committee
+ SB 239 IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST TELECONFERENCED
Moved HCS CSSB 239(JUD) Out of Committee
+ HB 423 POLICY FOR SECURING HEALTH CARE SERVICES TELECONFERENCED
Moved CSHB 423(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 284 CAMPAIGN EXPENDITURES TELECONFERENCED
Moved HCS CSSB 284(JUD) Out of Committee
<Bill Held Over from 4/11/10>
       SB 244 - GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES                                                                   
                                                                                                                                
1:08:02 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
SENATE  BILL  NO.  244,  "An   Act  providing  that,  during  the                                                               
governor's term  of office, the  duty station of the  governor is                                                               
Juneau, and prohibiting payment  of certain travel allowances for                                                               
use  of   the  governor's  personal  residence."     [Before  the                                                               
committee was HCS SB 244(STA).]                                                                                                 
                                                                                                                                
1:08:12 PM                                                                                                                    
                                                                                                                                
DARWIN  PETERSON,  Staff,  Senator  Bert  Stedman,  Alaska  State                                                               
Legislature,  on   behalf  of   the  sponsor,   Senator  Stedman,                                                               
explained that currently, with the  exception of the governor and                                                               
lieutenant   governor,    all   state   employees    within   the                                                               
administration  have a  designated duty  station assigned  by the                                                               
Office  of  Management  and  Budget  (OMB).   It  is  up  to  the                                                               
legislature, if it  so chooses, to designate  the governor's duty                                                               
station  in  statute, and  HCS  SB  244(STA) specifies  that  the                                                               
governor's duty  station -  defined in the  bill as  the location                                                               
where the governor  spends the major portion of  time assigned to                                                               
fulfill the duties of the office  - is considered to be the state                                                               
capital.  The bill doesn't  contain an effective date clause [and                                                               
so, if  passed, would  go into effect  90 days  after enactment],                                                               
and  doesn't  alter  the  ability of  the  governor  to  maintain                                                               
his/her  own   travel  schedule  in  order   to  fulfill  his/her                                                               
gubernatorial responsibilities.                                                                                                 
                                                                                                                                
MR. PETERSON, in  response to questions, noted that  under HCS SB
244(STA), the  duty station would  be wherever the  state capital                                                               
is; offered  his understanding that  the current  governor spends                                                               
the  majority of  his time  in  Juneau, since  that's where  he's                                                               
provided a  residence; and  assured the  committee that  the bill                                                               
wouldn't  alter the  governor's ability  to travel  to and  spend                                                               
time in  other parts of  the state.   He added that  according to                                                               
Legislative  Legal  and  Research Services,  the  governor  could                                                               
still choose  to live elsewhere.   Specifying where  the official                                                               
duty  station is  would merely  provide clarity  for purposes  of                                                               
calculating  and  reimbursing  the governor  for  his/her  travel                                                               
expenses.                                                                                                                       
                                                                                                                                
The committee took an at-ease from 1:12 p.m. to 1:13 p.m.                                                                       
                                                                                                                                
[Due to  technical difficulties with the  official recording, all                                                               
volumes must  be set  at maximum for  the period  between 1:13:03                                                               
p.m. and 1:15:36 p.m.]                                                                                                          
                                                                                                                                
MR.  PETERSON,  in response  to  further  questions, offered  his                                                               
understanding  that under  the  bill, if  a  governor chooses  to                                                               
reside  in his/her  own home  when away  from the  state capital,                                                               
he/she  could submit  an application  for reimbursement  of meals                                                               
and incidental  expenses at a rate  of $60 per day.   In response                                                               
to another  question, he  relayed that  the sponsor  would prefer                                                               
that  the  bill  specify  that the  governor's  duty  station  is                                                               
"Juneau", rather than "the state  capital", but isn't going to be                                                               
voting against concurrence with the change incorporated in HCS                                                                  
SB 244(STA).                                                                                                                    
                                                                                                                                
CHAIR RAMRAS, after ascertaining that no one else wished to                                                                     
testify, closed public testimony on SB 244.                                                                                     
                                                                                                                                
1:15:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN [made a motion to adopt] Amendment 1,                                                                       
labeled 26-LS1322\C.1, Chenoweth, 4/1/10, which read:                                                                           
                                                                                                                                
     Page 1, lines 1 - 3:                                                                                                       
          Delete all material and insert:                                                                                       
     ""An Act providing that, during the term of office,                                                                      
     the duty station of the governor and of the lieutenant                                                                   
     governor is the state capital, and prohibiting payment                                                                   
     of certain travel allowances to those officers for use                                                                   
     of the personal residences of the governor and                                                                           
     lieutenant governor.""                                                                                                   
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "to the governor"                                                                                          
                                                                                                                                
     Page 2, lines 1 - 10:                                                                                                      
          Delete all material and insert:                                                                                       
        "* Sec. 2. AS 39.20.060 is amended by adding a new                                                                  
     subsection to read:                                                                                                        
          "(b)  For purposes of calculation and payment of                                                                      
     travel   allowances  due   the   governor  during   the                                                                    
     governor's term  of office and the  lieutenant governor                                                                    
     during the lieutenant governor's term of office,                                                                           
               (1)  notwithstanding the residence of each                                                                       
     of  these  public  officers in  another  location,  the                                                                    
     governor's duty station, defined  as the location where                                                                    
     the governor spends the major  portion of time assigned                                                                    
     to  fulfill   the  duties  of   the  office,   and  the                                                                    
     lieutenant  governor's  duty  station, defined  as  the                                                                    
     location  where  the  lieutenant  governor  spends  the                                                                    
     major portion  of time assigned  to fulfill  the duties                                                                    
     of the office,  is considered to be  the state capital;                                                                    
     and                                                                                                                        
               (2)  the governor is not entitled to, and                                                                        
     may  not  claim  as  a   travel  allowance,  a  lodging                                                                    
     allowance,  when  staying  in the  governor's  personal                                                                    
     residence  while   in  travel  status  away   from  the                                                                    
     governor's designated duty  station, and the lieutenant                                                                    
     governor is  not entitled  to, and may  not claim  as a                                                                    
     travel allowance, a lodging  allowance, when staying in                                                                    
     the lieutenant  governor's personal residence  while in                                                                    
     travel  status  away  from  the  lieutenant  governor's                                                                    
     designated duty station."                                                                                                  
                                                                                                                                
     Page 2, line 16, following "governor":                                                                                     
          Insert "and the lieutenant governor"                                                                                  
                                                                                                                                
CHAIR RAMRAS objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE  LYNN explained  that  Amendment  1 would  specify                                                               
that  the  state  capital  is   also  the  duty  station  of  the                                                               
lieutenant  governor.   He offered  his understanding  that there                                                               
has  been  some discussion  regarding  providing  a residence  in                                                               
Juneau for the lieutenant governor.                                                                                             
                                                                                                                                
REPRESENTATIVE LYNN then withdrew Amendment 1.                                                                                  
                                                                                                                                
1:17:12 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a motion  to adopt Conceptual Amendment  2, to                                                               
replace the words,  "the state capital", on page 1,  line 2, with                                                               
the word, "Juneau".                                                                                                             
                                                                                                                                
REPRESENTATIVE GATTO objected.                                                                                                  
                                                                                                                                
CHAIR RAMRAS expressed  an interest in returning the  bill to its                                                               
original form, which specifies "Juneau" as the duty station.                                                                    
                                                                                                                                
The committee took an at-ease from 1:17 p.m. to 1:18 p.m.                                                                       
                                                                                                                                
CHAIR  RAMRAS, mentioning  a  [potential]  conflict of  interest,                                                               
disclosed that he is running for statewide office.                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG objected,  thus requiring  Chair Ramras                                                               
to vote.                                                                                                                        
                                                                                                                                
A roll call  vote was taken.   Representatives Holmes, Dahlstrom,                                                               
Herron,  and Ramras  voted in  favor of  Conceptual Amendment  2.                                                               
Representatives  Gatto, Lynn,  and  Gruenberg  voted against  it.                                                               
Therefore, Conceptual Amendment 2 was adopted by a vote of 4-3.                                                                 
                                                                                                                                
CHAIR  RAMRAS explained  that Conceptual  Amendment 2  would also                                                               
effect a similar change to the language on page 2, [lines 6-7].                                                                 
                                                                                                                                
1:20:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM moved  to  report HCS  SB 244(STA),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying fiscal notes.   There being no objection, HCS SB
244(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
01 SB239 Proposed CS version C.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
02 SB239 Sponsor Statement.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
03 SB239 LAW 0 fiscal note.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
04 SB239 ADM 0 Fiscal note.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
05 SB239 JUD CS version P.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
06 SB239 legal opinion 3.12.10.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
07 SB239 Back up.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
01 SB 244 sponsor statement[1].pdf HJUD 4/12/2010 1:00:00 PM
SB 244
02 SB244 Bill STA CS version C.pdf HJUD 4/12/2010 1:00:00 PM
SB 244
03 SB0244-1-1-021210-GOV-N.pdf HJUD 4/12/2010 1:00:00 PM
SB 244
04 SB244 AAM - Travel[1].pdf HJUD 4/12/2010 1:00:00 PM
SB 244
01 HB 423 Sponsor Statement.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
02 HB423 CS HB423(HSS) version E.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
03 HB423 Explanation of Changes from HB 423 Version R to the HHSS CS.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
HB423CS(HSS)-LAW-CIV-04-10-10.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
05 HB4234 Congressional Research Service Constitutional Questions.pdf HJUD 4/12/2010 1:00:00 PM
HB4234
06 HB423 Goldwater Institute Q-A.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
07 HB423 13 AG Complaint in Fed Court.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
08 HB423 public signatures.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
09 HB423 MO Lt Governor Press Release.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
10 HB423 Supreme Court Syllabus.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
11 Hb423 news articles-Health Freedom Act.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
12 HB423 VA lawsuit.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
HB423 AMENDMENT 1 to CS HB 423 (HSS).pdf HJUD 4/12/2010 1:00:00 PM
HB 423
HB423 AMENDMENT 2 to CS HB 423 (HSS).pdf HJUD 4/12/2010 1:00:00 PM
HB 423