Legislature(2007 - 2008)CAPITOL 106
02/20/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Subcommittee Report | |
| HB126 | |
| HB88 | |
| HB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 109 | TELECONFERENCED | |
| *+ | HB 126 | TELECONFERENCED | |
| *+ | HB 117 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 88 | TELECONFERENCED | |
HB 117-PROCLAMATION CALLING A SPECIAL SESSION 9:02:03 AM CHAIR LYNN announced that the last order of business was HOUSE BILL NO. 117, "An Act relating to proclamations issued by the governor calling the legislature into special session." 9:02:12 AM TOM WRIGHT, Staff, House Majority Office, Alaska State Legislature, presented HB 117 on behalf of Representative John Harris, prime sponsor. He said the proposed legislation would direct the governor or administration to give a 30-day notice in calling a special session rather than a 15-day notice. The exception would be at the end of a regular session or in the event that a disaster notice is given, he said. 9:03:10 AM REPRESENTATIVE GRUENBERG said he supports HB 117. Notwithstanding that, he questioned whether there may be other possible reasons there may be a need to call a session more quickly. 9:03:34 AM MR. WRIGHT said the two exceptions in the bill were pointed out to the sponsor by Legislative Legal and Research Services. 9:04:17 AM CHAIR LYNN, after ascertaining that there was no one to testify, closed public testimony. 9:04:24 AM REPRESENTATIVE GRUENBERG directed attention to a handout in the committee packet which shows an excerpt of AS 26.23.020. He pointed to the first part of subsection (k), which read as follows: (k) The governor may expend more than $500,000 of state funds to cope with an incident under (h) of this section or more than $1,000,000 of state funds to cope with a disaster under (i) of this section under the following circumstances: REPRESENTATIVE GRUENBERG pointed out that subsection (k) refers to subsection (h), which read as follows: (h) The governor may expend during a fiscal year not more than $500,000 of state funds per incident to prevent, minimize, or respond to the effects of an incident that may occur or occurs in the state and that, in the determination of the governor, poses a direct and imminent threat of sufficient magnitude and severity to justify state action. Before expending funds under this subsection to respond to an incident, the governor shall provide a financing plan to cope with the incident to the legislature in the same manner prescribed for disaster emergencies under AS 26.23.025(a). REPRESENTATIVE GRUENBERG offered a scenario in which imminent danger is outside the boundary of the state, but the governor may want to call a special session to prepare the state. He said, "I just want to give the governor the broadest possible ability to respond." REPRESENTATIVE COGHILL said he thinks the language in subsection (h) includes preventative measures. 9:07:30 AM MR. WRIGHT concurred with Representative Coghill. He also directed attention to the language of [subsection (k), paragraph (2), subparagraph (B)], which read as follows: (B) the presiding officers of both the house of representatives and the senate agree that a special session should not be convened and so advise the governor in writing. REPRESENTATIVE GRUENBERG noted that subsection (h) [text provided previously] refers to an incident "that may occur" in the state. He said he just wants on the record that the committee has discussed this issue and it believes the governor would have the power to call a special session more quickly in the event of "one of these incidents." MR. WRIGHT said he thinks common sense will prevail. 9:08:47 AM REPRESENTATIVE DOLL, returning to the issue of a 30-day notice, said she, as a freshman legislator, would like some historical perspective as to whether "this has been a sufficient problem in the past to warrant this." REPRESENTATIVE COGHILL related that in the 9 years he has served on the legislature, he has seen 13 special sessions. He said he can recall only one year during which he has gone home on time since 1998. REPRESENTATIVE DOLL asked, "Would the 30 days have made a difference in this?" REPRESENTATIVE COGHILL answered yes. He said most of the special sessions were called while the legislature was still in regular session, for considerations both economical and political. He continued: The issue that we dealt with last year was that the governor, in trying to put together a pipeline deal, kept us ready to come back .... He expected any week that he would get some agreement. And there were many people who weren't able to get gainfully employed, because they couldn't guarantee their employers that they would be able to work for more than two weeks. And so, this would, at least, give some certainty to that, and I think that it's appropriate. 9:10:51 AM MR. WRIGHT indicated that Representative Coghill's point is one of the main reasons for introducing HB 117. He said the bill would give legislators and their staff more time to find housing in order to prepare for the special session. CHAIR LYNN said this issue affects legislators' families, as well. He said he agrees with the sponsor's proposed 30-day notice. 9:11:44 AM REPRESENTATIVE COGHILL said the current option the legislature has to call itself in to a special session with a two-thirds vote would still remain. MR. WRIGHT confirmed that is correct. 9:12:02 AM REPRESENTATIVE GRUENBERG, regarding the language on page 1, lines 7-8, "or within one hour after the first house has adjourned", said he would be amenable to allowing 2 to 6 hours. He said the legislature has sometimes adjourned "at some ungodly hour" and giving more time would allow the governor to issue the proclamation before 1 a.m. 9:12:57 AM REPRESENTATIVE COGHILL reminded Representative Gruenberg that there have been times the legislature has adjourned at 4 p.m. and legislators were on the airplane by 6 p.m. the same night. He said it is important, therefore, to make the proclamation within an hour - before anyone has a chance to get on an airplane. He said, "Once you get people scattered all over Alaska, it's very expensive to get them back." 9:13:49 AM REPRESENTATIVE GRUENBERG said he can think of a circumstance in which a governor would want the legislature to reconsider a bill that either did not pass at the last minute or did, but not to the governor's liking. He said the governor might not know that a special session is necessary "until the presiding officer had gaveled out." The one hour time limit could be a crucial point. He said he won't offer an amendment or hold up the bill; however, he stressed the importance of further consideration of the issue. 9:15:30 AM CHAIR LYNN encouraged Representative Gruenberg to explore that issue in the House Judiciary Standing Committee. 9:15:41 AM CHAIR LYNN, after ascertaining that there was no one to testify, closed public testimony. 9:15:53 AM REPRESENTATIVE COGHILL moved to report HB 117 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 117 was reported out of the House State Affairs Standing Committee.
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