Legislature(2007 - 2008)CAPITOL 106

02/14/2008 08:00 AM STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 364 NOTICE & CONSENT FOR MINOR'S ABORTION TELECONFERENCED
<Above Item Removed from Agenda>
+= HB 269 REQUIRE AK/US FLAGS BE MADE IN USA TELECONFERENCED
<Bill Hearing Postponed to 02/28/08>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HCR 12 AMEND UNIFORM RULES: ABSTAIN FROM VOTING TELECONFERENCED
Heard & Held; Assigned to Subcommittee
<Teleconference Listen Only>
+= HB 293 LEGISLATIVE SESSIONS TO BE IN ANCHORAGE TELECONFERENCED
Moved Out of Committee
<Teleconference Listen Only>
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 14, 2008                                                                                        
                           8:11 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Bob Roses, Vice Chair                                                                                            
Representative John Coghill                                                                                                     
Representative Craig Johnson                                                                                                    
Representative Andrea Doll                                                                                                      
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Kyle Johansen                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 12                                                                                              
Proposing an amendment  to the Uniform Rules of  the Alaska State                                                               
Legislature relating to abstention from voting.                                                                                 
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 293                                                                                                              
"An  Act  relating  to  the  location of  the  convening  of  the                                                               
legislature  in session  and to  the relocation  of functions  of                                                               
state government; and providing for an effective date."                                                                         
                                                                                                                                
     - MOVED HB 293 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 364                                                                                                              
"An Act  relating to notice  and consent for a  minor's abortion;                                                               
relating to penalties  for performing an abortion;  relating to a                                                               
judicial bypass  procedure for an abortion;  relating to coercion                                                               
of  a  minor  to  have  an abortion;  relating  to  reporting  of                                                               
abortions performed on minors; amending  Rule 24(a), Alaska Rules                                                               
of Civil Procedure, amending Rule  220, Alaska Rules of Appellate                                                               
Procedure,  and  Rule  20,  Alaska  Probate  Rules,  relating  to                                                               
judicial bypass for  an abortion; and providing  for an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - REMOVED ITEM FROM AGENDA                                                                                                 
                                                                                                                                
HOUSE BILL NO. 269                                                                                                              
"An Act requiring  the state to procure United  States and Alaska                                                               
flags  manufactured in  the United  States;  and requiring  state                                                               
buildings and  schools to display  only United States  and Alaska                                                               
flags manufactured in the United States."                                                                                       
                                                                                                                                
     - BILL HEARING POSTPONED TO 2/28/08                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HCR 12                                                                                                                  
SHORT TITLE: AMEND UNIFORM RULES: ABSTAIN FROM VOTING                                                                           
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
                                                                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       STA, JUD                                                                                               
01/31/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/31/08       (H)       Heard & Held                                                                                           
01/31/08       (H)       MINUTE(STA)                                                                                            
02/14/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 293                                                                                                                  
SHORT TITLE: LEGISLATIVE SESSIONS TO BE IN ANCHORAGE                                                                            
SPONSOR(s): REPRESENTATIVE(s) MEYER, LYNN, NEUMAN, STOLTZE                                                                      
                                                                                                                                
01/04/08       (H)       PREFILE RELEASED 1/4/08                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       STA, FIN                                                                                               
01/24/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/24/08       (H)       <Bill Hearing Postponed>                                                                               
01/29/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/29/08       (H)       Heard & Held                                                                                           
01/29/08       (H)       MINUTE(STA)                                                                                            
02/14/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MIKE PAWLOWSKI, Staff                                                                                                           
Representative Kevin Meyer                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Reviewed HCR 12 on behalf of Representative                                                              
Meyer, prime sponsor; highlighted aspects of HB 293 on behalf of                                                                
Representative Meyer, prime sponsor.                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to order at 8:11:15  AM.  Representatives Roses, Coghill,                                                             
Johnson, Gruenberg,  Doll, and Lynn  were present at the  call to                                                               
order.                                                                                                                          
                                                                                                                                
HCR 12-AMEND UNIFORM RULES: ABSTAIN FROM VOTING                                                                               
                                                                                                                                
[Contains mention of HCR 16, HCR 18,  HCR 19, HB 309, SCR 12, and                                                               
SB 203.]                                                                                                                        
                                                                                                                                
8:11:45 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the first order of  business was HOUSE                                                               
CONCURRENT  RESOLUTION  NO. 12,  Proposing  an  amendment to  the                                                               
Uniform  Rules  of  the  Alaska  State  Legislature  relating  to                                                               
abstention from voting.                                                                                                         
                                                                                                                                
8:13:05 AM                                                                                                                    
                                                                                                                                
MIKE PAWLOWSKI,  Staff, Representative Kevin Meyer,  reviewed HCR                                                               
12 on  behalf of  Representative Meyer, prime  sponsor.   He said                                                               
the  proposed legislation  would  "govern  the procedure  through                                                               
which  a  member can  abstain  from  a  vote."   He  modeled  the                                                               
procedure after  the one followed  by the Anchorage  Assembly, in                                                               
which  the majority  votes on  whether or  not a  member who  has                                                               
declared a  conflict should  be allowed  to abstain  from voting.                                                               
He  said the  legislation attempts  to create  a balance  between                                                               
protecting  a legislator  who  has a  conflict  of interest  with                                                               
upholding  the rights  of that  legislator's  constituents to  be                                                               
represented.                                                                                                                    
                                                                                                                                
8:14:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  noted that  there are other  similar pieces                                                               
of legislation  and that the chair  had mentioned to him  that he                                                               
may form  a subcommittee  to consolidate  the various  bills into                                                               
one.                                                                                                                            
                                                                                                                                
8:16:51 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  confirmed that there  are six pieces  of legislation,                                                               
including  HCR  12.    He  appointed  Representatives  Gruenberg,                                                               
Roses, and Johnson to the subcommittee.                                                                                         
                                                                                                                                
REPRESENTATIVE ROSES  said although he  would be happy  to serve,                                                               
he would like to give the chance to Representative Johansen.                                                                    
                                                                                                                                
CHAIR   LYNN    replaced   Representative   Roses'    name   with                                                               
Representative Johansen's.   He assigned  Representative Johansen                                                               
as  chair and  Representative Johnson  as vice  chair.   He asked                                                               
that the subcommittee work expeditiously.                                                                                       
                                                                                                                                
8:19:29 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN specified that he  wished the subcommittee to consider                                                               
HCR 12 alongside:   HCR 16, HCR  18, HCR 19, HB 309,  SCR 12, and                                                               
SB 203.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  COGHILL suggested  that all  the sponsors  of the                                                               
aforementioned bills be contacted.                                                                                              
                                                                                                                                
8:20:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he  spoke with  Tamara Cook,  the                                                               
director of  Legislative Legal Services,  about these  issues and                                                               
would like her included in the discussion.                                                                                      
                                                                                                                                
8:21:07 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced that HCR 12 was heard and held.                                                                            
                                                                                                                                
HB 293-LEGISLATIVE SESSIONS TO BE IN ANCHORAGE                                                                                
                                                                                                                                
8:21:42 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL NO. 293,  "An Act relating to the location  of the convening                                                               
of the legislature in session  and to the relocation of functions                                                               
of state government; and providing for an effective date."                                                                      
                                                                                                                                
8:22:15 AM                                                                                                                    
                                                                                                                                
MIKE PAWLOWSKI,  Staff, Representative Kevin Meyer,  Alaska State                                                               
Legislature,  highlighted   aspects  of  HB  293   on  behalf  of                                                               
Representative Meyer,  prime sponsor.   He stated that  "the real                                                               
meat and  substance of the  bill" is in  Section 3, where  HB 293                                                               
proposes that the legislature "shall  convene in the Municipality                                                           
of Anchorage at  a location designated by  the Alaska Legislative                                                       
Council".   He noted that all  references to the capital  need to                                                           
be "changed  appropriately."  He  directed attention to  page 11,                                                               
Section 17,  which proposes that  the effective date of  the bill                                                               
be January 1,  2010.  Section 16, he noted,  proposes a repeal of                                                               
AS 44.06.050-060, which  he said is the language  of the Fiscally                                                               
Responsible  Alaskans Needing  Knowledge  (FRANK) Initiative  [of                                                               
1994].  Mr.  Pawlowski said the repeal of  the initiative assumes                                                               
that over  the next two  years "there  will be a  thorough public                                                               
process  with the  legislature" as  it works  through Legislative                                                               
Council and open  committee meetings to decide where  to work and                                                               
in which  facilities.   Mr. Pawlowski  remarked that  Sections 10                                                               
and 11,  regarding AS 24.50.010  and AS  24.50.040, respectively,                                                               
relate  to the  legislature's ability  to host  students and  the                                                               
requirement of each legislative guest to write an essay.                                                                        
                                                                                                                                
8:25:09 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN said  there  is  a handout  in  the committee  packet                                                               
showing the results of a poll related to the bill.                                                                              
                                                                                                                                
8:25:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL said  she finds it interesting  that with the                                                               
current  interest   shown  by  the  public   in  transparency  of                                                               
government, the proposed  bill is being introduced  with a repeal                                                               
of the FRANK  Initiative of 1994, AS 44.06,  which guarantees the                                                               
public's right to  know the cost related to a  capital move.  She                                                               
remarked that  at the  last hearing  on HB  293, there  were many                                                               
people who  testified in opposition  to the  bill.  She  said she                                                               
also finds  it interesting that  no one called in  from Anchorage                                                               
to support  the bill.   She  characterized HB 293  as a  bad bill                                                               
that  is being  introduced  during a  shortened, 90-day  session,                                                               
when everyone  is working on  more important issues.   She stated                                                               
her opposition to HB 293.                                                                                                       
                                                                                                                                
8:27:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he does  not think  the committee                                                               
needs to  amend statutes  to be able  to convene  the legislature                                                               
outside of Juneau for a special session.                                                                                        
                                                                                                                                
8:29:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES moved  to report  HB 293  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE DOLL objected.                                                                                                   
                                                                                                                                
A roll  call vote was  taken.  Representatives  Coghill, Johnson,                                                               
Roses,  and  Lynn  voted  in  favor  of  moving  HB  293  out  of                                                               
committee.  Representatives Gruenberg  and Doll voted against it.                                                               
Therefore, HB  293 was  reported out of  the House  State Affairs                                                               
Standing Committee by a vote of 4-2.                                                                                            
                                                                                                                                
The committee took an at-ease from 8:29:52 AM to 8:31:38 AM.                                                                
                                                                                                                                
8:31:41 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN read the recommendation of each member.                                                                              
                                                                                                                                
8:32:11 AM                                                                                                                    
                                                                                                                                
[Following was  discussion of the  provision in HB 293  to repeal                                                               
the FRANK Initiative.]                                                                                                          
                                                                                                                                
8:35:07 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced the upcoming committee calendar.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State  Affairs  Standing  Committee   meeting  was  adjourned  at                                                               
8:36:02 AM.                                                                                                                   

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