Legislature(2007 - 2008)CAPITOL 106

03/24/2007 10:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 13 RETIREMENT SYSTEM LIABILITY/BONDS/CORP. TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 92 JURISDICTION OF OMBUDSMAN TELECONFERENCED
Moved Out of Committee
+= HB 151 INDEMNITY CLAUSE IN PUBLIC CONTRACTS TELECONFERENCED
Moved CSHB 151(STA) Out of Committee
+= HB 171 ACCOMMODATE 90-DAY SESSION TELECONFERENCED
Heard & Held
HB 171-ACCOMMODATE 90-DAY SESSION                                                                                             
                                                                                                                                
11:25:39 AM                                                                                                                   
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL NO. 171,  "An Act relating to the terms  of legislators, the                                                               
date  and  time  for   convening  regular  legislative  sessions,                                                               
adoption of  uniform rules of  the legislature and to  certain of                                                               
those rules, the  date for organizing the  Legislative Budget and                                                               
Audit Committee, and deadlines for  certain matters or reports to                                                               
be  delivered to  the legislature  or filed;  prohibiting bonuses                                                               
for legislative employees; and providing for an effective date."                                                                
                                                                                                                                
[Before the committee was Version 25-LS0653\E, Cook, 3/16/07.]                                                                  
                                                                                                                                
CHAIR LYNN  noted the complex nature  of the bill and  stated his                                                               
intent was not to pass it out of committee on this date.                                                                        
                                                                                                                                
11:26:52 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON moved to adopt Amendment 1, labeled 25-                                                                  
LS0653\E.2, Cook, 3/23/07, which read as follows:                                                                               
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "the terms of legislators,"                                                                                  
                                                                                                                                
     Page 2, lines 16 - 22:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 24, through page 3, line 2:                                                                                   
          Delete all material and insert:                                                                                       
          "Sec.   24.05.090.    Duration   of   legislature;                                                                
     [REGULAR] sessions. Each legislature  has a duration of                                                                
     approximately  two years,  and  sessions  consist of  a                                                                
     "First Regular Session" that  meets in the odd-numbered                                                                
     years,  a "Second  Regular Session"  that meets  in the                                                                
     even-numbered years,  and any special session  that the                                                                
     governor  or  the  legislature calls.  The  legislature                                                                
     shall  convene at  the capital  for  the First  Regular                                                                
     Session [EACH YEAR] on the  second Monday in January at                                                                
     1:00   p.m.   [10:00   A.M.];  however,   following   a                                                                
     gubernatorial  election  year,  the  legislature  shall                                                                    
     convene on  the third Tuesday  in January at  1:00 p.m.                                                                
     The legislature  shall convene at  the capital  for the                                                                
     Second  Regular   Session  on  the  second   Monday  in                                                                
     February at  1:00 p.m. [10:00  A.M. EXCEPT  AS PROVIDED                                                                
     IN  THIS   SECTION,  EACH  LEGISLATURE  SHALL   HAVE  A                                                                    
     DURATION OF  TWO YEARS  AND SHALL  CONSIST OF  A "FIRST                                                                    
     REGULAR SESSION," WHICH SHALL  MEET IN THE ODD-NUMBERED                                                                    
     YEARS,  AND A  "SECOND  REGULAR  SESSION," WHICH  SHALL                                                                    
     MEET  IN  THE  EVEN-NUMBERED  YEARS,  AND  ANY  SPECIAL                                                                    
     SESSION OR  SESSIONS THAT  THE GOVERNOR  OR LEGISLATURE                                                                    
     MAY FIND NECESSARY TO CALL]."                                                                                              
                                                                                                                                
     Page 3, line 25:                                                                                                           
          Delete "February [JANUARY] 1"                                                                                     
          Insert "January 1 preceding a First Regular                                                                       
     Session or  at any  time before February 1  preceding a                                                                
     Second Regular Session"                                                                                                
                                                                                                                                
     Page 6, lines 2 - 3:                                                                                                       
          Delete all material.                                                                                                  
          Insert "governor's budget workbooks at least                                                                      
     seven  days  before  the   legislature  convenes  in  a                                                                
     regular  session [BY  THE FIRST  MONDAY  IN JANUARY  OF                                                                
     EACH  YEAR,  EXCEPT   THAT  FOLLOWING  A  GUBERNATORIAL                                                                    
     ELECTION YEAR"                                                                                                             
                                                                                                                                
     Page 7, lines 27 - 30:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL objected [for discussion purposes].                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON  explained that Amendment 1  would stagger                                                               
the starting  date of the  legislature.   In the first  term, the                                                               
legislature would  start in January,  and in the second  term, it                                                               
would start  in February.  He  said Amendment 1 would  solve some                                                               
of the  problems he has regarding  the long lag time  between the                                                               
election and  the time a  legislator is  sworn in.   He indicated                                                               
that  it  would also  prevent  the  possibility of  the  governor                                                               
calling in lame  duck legislators in January.   Amendment 1 would                                                               
also  solve  problems   related  to  when  the   budget  must  be                                                               
announced.   He stated his  belief that  Amendment 1 lives  up to                                                               
not only the intent  of the law, but also the  letter of the law,                                                               
and  it would  minimize the  type of  statute changes  that would                                                               
have to  be made "to  accommodate all  of the reportings  in that                                                               
January session from the various administration departments."                                                                   
                                                                                                                                
11:29:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON, in response  to Representative Doll, said                                                               
the 90-day session would end in mid-April.                                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL asked  if all  the dates  contemplated in                                                               
the bill are covered in Amendment 1.                                                                                            
                                                                                                                                
REPRESENTATIVE JOHNSON  said probably not; however,  he said that                                                               
can be fleshed out and fine tuned by the committee.                                                                             
                                                                                                                                
REPRESENTATIVE  COGHILL echoed  that  Amendment  1 addresses  the                                                               
concern  about  a  lame  duck legislature  being  called  into  a                                                               
special  session in  January.    He said  he  likes  the idea  of                                                               
starting the first  regular session at "the regular  time that we                                                               
have in  January."  He asked  if Amendment 1 addresses  the issue                                                               
of starting later for gubernatorial election years.                                                                             
                                                                                                                                
11:32:06 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON said typically  when a new governor enters                                                               
office, he/she  needs the extra  time to develop budgets,  and he                                                               
said  he   would  have   all  sessions   start  based   upon  the                                                               
gubernatorial  schedule, whether  or not  it was  a gubernatorial                                                               
election year.                                                                                                                  
                                                                                                                                
11:33:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL said  he likes  that  idea.   He said  he                                                               
thinks  that   starting  the  second   session  in   February  is                                                               
reasonable.   Amendment 1 also  provides for  the consecutive-day                                                               
session, which  he said the people  of Alaska voted in  favor of.                                                               
He said he cannot think  of any problems regarding Uniform Rules,                                                               
although there may be some related issues to solve.                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL removed  his objection.  He  said, "I want                                                               
this in the bill conceptually."                                                                                                 
                                                                                                                                
11:34:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DOLL  said she wonders  why the  legislature would                                                               
want to start  in February every other year.   She suggested that                                                               
doing  so may  complicate  schedules  and housing  opportunities.                                                               
She asked what the advantage would be.                                                                                          
                                                                                                                                
11:34:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHNSON said  on  a personal  level, starting  in                                                               
February  gives him  all of  January  with his  family after  the                                                               
holidays.    Furthermore,  it would  move  the  legislature  into                                                               
better weather  later in the  season, which would  make traveling                                                               
back and  forth better.  He  commented, "Juneau in May  is pretty                                                               
nice."                                                                                                                          
                                                                                                                                
11:36:26 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL noted  another reason  to move  the start                                                               
date  to  February has  to  do  with  the  timing of  the  budget                                                               
forecast.   That second session,  he noted, the  legislature will                                                               
have  already been  organized, can  meet outside  of Juneau,  and                                                               
will be  better prepared when  it meets.   He concurred  with the                                                               
"weather window" reason.                                                                                                        
                                                                                                                                
11:38:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON revealed  that he is a big  supporter of a                                                               
biannual  budget, and  he point  out that  this type  of schedule                                                               
sets the  legislature up to  be able to  shift into that  type of                                                               
budget planning.                                                                                                                
                                                                                                                                
11:39:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG said HB  125, which addresses long-range                                                               
fiscal planning, will be on the  House floor soon.  He stated his                                                               
strong support of Amendment 1.                                                                                                  
                                                                                                                                
11:40:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL restated that  he removed his objection to                                                               
Amendment 1.   There being no further objection,  Amendment 1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
11:41:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  directed attention  to a letter  in the                                                               
committee packet, [dated March 22, 2007], from John Boucher.                                                                    
                                                                                                                                
11:41:56 AM                                                                                                                   
                                                                                                                                
JOHN BOUCHER,  Senior Economist,  Office of the  Director, Office                                                               
of Management &  Budget (OMB), recalled that during  the March 15                                                               
hearing on HB 171, Representative  Coghill had requested that the                                                               
administration   "talk  specifically   to  the   appointments  of                                                               
commissioners and  others."  He  said the administration  did not                                                               
have  a  problem  with  an earlier  submission  of  those  names;                                                               
however, he  said that was  "presupposing that the  session would                                                               
begin in February."  With the  adoption of Amendment 1, he noted,                                                               
there are two different schedules.  He stated:                                                                                  
                                                                                                                                
     And so,  in the  January schedule  we'd prefer  to have                                                                    
     more time -  in the February schedule it  would be okay                                                                    
     to  move  it up  -  so  that  the governor  would  have                                                                    
     adequate time to look at these.                                                                                            
                                                                                                                                
     ...  We   haven't  contemplated  all  the   dates,  but                                                                    
     intuitively,  what I'm  thinking is  we might  have two                                                                    
     different types of  schedules in an even  and odd year.                                                                    
     ... That may present  some challenges; I'm certain that                                                                    
     they could be overcome with proper planning.                                                                               
                                                                                                                                
11:44:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he would  like to see  OMB propose                                                               
an amendment showing  the dates it would prefer.   He said he was                                                               
going  to strike  Section 17,  but he  will not  do that  at this                                                               
time.                                                                                                                           
                                                                                                                                
11:44:44 AM                                                                                                                   
                                                                                                                                
MR. BOUCHER  said he would  provide those dates.   Regarding [the                                                               
adopted   Amendment  1],   he  echoed   Representative  Coghill's                                                               
testimony  about  the   revenue  forecast.    He   said,  "In  my                                                               
perception of  the value  of having  the revenue  forecast later,                                                               
it's often  in being able to  know the current ...  fiscal years'                                                               
numbers to  the greatest extent  possible, because at  that point                                                               
in time  you probably have 10  to 11 months-worth of  actual data                                                               
for the current  fiscal year, which can affect  your thinking, in                                                               
terms of the amount of surplus available, et cetera."                                                                           
                                                                                                                                
11:45:34 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL  said he  is sensitive to  the possibility                                                               
that requiring a  list of new appointees  from the administration                                                               
within 15 days  may be tight, but the legislature  has been given                                                               
the restraint  of finishing  its session in  90 days,  and giving                                                               
the  administration  30 days  "goes  into  a  big chunk  of  that                                                               
legislature."  He  asked Mr. Boucher to think  along those terms.                                                               
He concluded, "Because if we  get to the point where appointments                                                               
can't be  made by the  time a third  of the legislature  has been                                                               
spent, then ... I think we're going to run into some problems."                                                                 
                                                                                                                                
11:47:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON  said he only perceives  this [requirement                                                               
of  the administration]  being a  problem every  four years,  and                                                               
then only  if a new  governor is elected.   He suggested  that 15                                                               
days  could work  on most  years, and  20 days  could be  set for                                                               
election years.                                                                                                                 
                                                                                                                                
11:47:57 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he would  like the right  to offer                                                               
an amendment at a later hearing.                                                                                                
                                                                                                                                
11:48:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL   said  one  topic  to   consider  as  an                                                               
amendment to the  bill would be to insert a  sunset date, because                                                               
he said the issue needs to be  revisited.  He said the big policy                                                               
call is  whether or not the  public was right in  passing the 90-                                                               
day  initiative.   Another  issue  for  a possible  amendment  is                                                               
related   to   changes  to   the   Uniform   Rules  proposed   by                                                               
Representative  Norman  Rokeberg  in  a prior  legislature.    He                                                               
indicated  that  one  rule  has to  do  with  [legislators  being                                                               
present during  a vote to move  a bill out of  committee in order                                                               
for their  vote to  count].   He said  he would  ensure committee                                                               
members  received the  information  pertaining to  Representative                                                               
Rokeberg's resolution.   He noted that Alaska  has several public                                                               
corporations,  and  it  has  gas   and  oil  issues  that  demand                                                               
immediate attention and require policy  calls, which tie into the                                                               
issue of having to be present to  vote.  He stated that there are                                                               
problems with  the Uniform Rules and  statute.  He said,  "I hope                                                               
that I can present them a little better when we get to it."                                                                     
                                                                                                                                
11:52:22 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DOLL said  she thinks the public sees  the rush of                                                               
the last 30  days of session, but it does  not understand what it                                                               
is that the  legislature does for the first 15-20  days, which is                                                               
why she welcomes this type of discussion.                                                                                       
                                                                                                                                
CHAIR  LYNN  echoed  Representative   Doll's  comment  about  how                                                               
obvious the  rush at the  end of  session is.   He said a  lot of                                                               
work goes  on behind the  scenes.  He  remarked that there  is no                                                               
such  thing as  a simple  bill;  every bill  is controversial  to                                                               
somebody and requires time to address.                                                                                          
                                                                                                                                
11:54:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG said HB 171  is a very unusual bill that                                                               
will have  a profound effect on  the legislature, and he  said he                                                               
has not seen  another like it in  the time that he  has served in                                                               
the legislature.  He said that it  is a blessing to have both the                                                               
chair  of the  House  State Affairs  Standing  Committee and  the                                                               
chair of the House Rules  Standing Committee involved.  He stated                                                               
that it is seldom that  the legislature examines its own process;                                                               
HB 109 - the ethics bill - is  another such example.  The way the                                                               
legislature  conducts business  in a  90-day session  and how  it                                                               
works  during the  interim  will have  profound  effects on  many                                                               
people  around state.   He  expressed appreciation  for the  fact                                                               
that the legislature is addressing this issue.                                                                                  
                                                                                                                                
11:57:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL said  another  issue to  address will  be                                                               
that of interim  per diem.  He  said it is called  a stipend, but                                                               
it is  meant as pay in  recognition that a legislator  gives up a                                                               
portion  of  his/her  day  in which  he/she  would  otherwise  be                                                               
gainfully employed.   He said, "I  have a feeling this  will push                                                               
the tension on that to the point that we'll have to address it."                                                                
                                                                                                                                
11:58:15 AM                                                                                                                   
                                                                                                                                
CHAIR LYNN  offered the analogy of  the apple cart that  has been                                                               
tipped over.  He said, "What  we're doing right now is picking up                                                               
apples one  at a  time, and trying  to put them  back in  ... the                                                               
cart."                                                                                                                          
                                                                                                                                
11:58:42 AM                                                                                                                   
                                                                                                                                
CHAIR LYNN announced that HB 171 was heard and held.                                                                            

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