Legislature(2001 - 2002)

02/20/2001 03:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
           HCR  5-UNIFORM RULES 20(A), 37, AND 49(A)(4)                                                                     
                                                                                                                                
                                                                                                                                
DENISE HENDERSON,  staff for  Representative  Kott, said that  HCR 5                                                            
adopts three changes.  Section 1 consolidates departments  and deals                                                            
with  department   name  changes   and  places  the  Department   of                                                            
Corrections  under the purview of  the Judiciary Committee.  Rule 37                                                            
in Section  2 deletes  the  carbon copy  rule because  it no  longer                                                            
applies.  Section 3,  Rule 49(a)(4)  deals with  special  concurrent                                                            
resolutions when  disapproval of an executive order  of the Governor                                                            
is  considered.  Wording changes  on  page 3  line  15 &  16 are  as                                                            
follows with new  text underlined and deleted text  bracketed: "This                                                            
resolution  must be considered  by a standing  (JOINT) committee  of                                                    
each house and may be…"                                                                                                     
                                                                                                                                
SENATOR  PEARCE  offered  amendment  #1 on  page  3 line  16  adding                                                            
"meeting jointly" after the word "house".                                                                                       
                                                                                                                                
CHAIRMAN  THERRIAULT  objected  to  the amendment  for  purposes  of                                                            
discussion then removed his objection.                                                                                          
                                                                                                                                
SENATOR HALFORD observed  that the amendment makes it more difficult                                                            
to  accomplish  the goal  and  said that  adding  "meeting  jointly"                                                            
weakens the legislative branch.                                                                                                 
                                                                                                                                
CHAIRMAN THERRIAULT said  that his concern is that, depending on the                                                            
majorities  in the  houses  and the  governor's  party affiliation,                                                             
changing the language might  empower a single chairman to thwart the                                                            
intention  of  the legislature  and  the  executive order  would  be                                                            
adopted.                                                                                                                        
                                                                                                                                
SENATOR PEARCE didn't agree.                                                                                                    
                                                                                                                                
TOM WRIGHT, staff to Representative  Porter, understood the concerns                                                            
but said  that there  are a  number of  things that  could stop  the                                                            
action other than  the committee chairs. The make  up of a committee                                                            
could  also   lend  itself  to  stopping   the  action.   Tam  Cook,                                                            
Legislative  Legal  Counsel, said  that, in  the  past, rather  than                                                            
having  a joint committee  meet,  a standing  committee met  jointly                                                            
with a standing committee  in the other body to consider the special                                                            
concurrent  resolution. Thus, adding  "meeting jointly" makes  sense                                                            
and conforms to past practices.                                                                                                 
                                                                                                                                
SENATOR  HALFORD said  amendment #1  makes it a  bit more  difficult                                                            
while the house  version, as sent,  is easier and makes it  stronger                                                            
for the legislative branch.                                                                                                     
                                                                                                                                
CHAIRMAN THERRIAULT said  it is past practice because the word joint                                                            
is included.  As  worded,  the two  standing committees  could  meet                                                            
jointly but they aren't required to do so.                                                                                      
                                                                                                                                
MR. WRIGHT  agreed and said  he and Ms.  Cook believe it  simplifies                                                            
the process.                                                                                                                    
                                                                                                                                
CHAIRMAN  THERRIAULT asked  whether  Mr. Wright  thought adding  the                                                            
words "meeting jointly"  would short circuit the five day notice and                                                            
the entire time process.                                                                                                        
                                                                                                                                
MR. WRIGHT  didn't  believe so,  that the  requirement  to have  the                                                            
previous Thursday and five day notice would still be in effect.                                                                 
                                                                                                                                
CHAIRMAN THERRIAULT said  that if that is so, he isn't sure there is                                                            
any efficiency  if the second house must still adhere  to the notice                                                            
requirements.                                                                                                                   
                                                                                                                                
MR. WRIGHT agreed saying the process would have to be followed.                                                                 
                                                                                                                                
SENATOR PEARCE  said no, it would  be read across in each  house and                                                            
referred  by the presiding  officers; it would  then be noticed  and                                                            
there is a  joint meeting. "It doesn't  pass each house and  then go                                                            
to a joint  session, it would come  to the floor and be recommended                                                             
to the joint  session. It doesn't  have to pass the house  before it                                                            
comes there."                                                                                                                   
                                                                                                                                
SENATOR  HALFORD  said  that language  in  The  Alaska Constitution                                                             
decides whether  provisions are effective or not.   This is a simple                                                            
provision and such provisions  are waived by simple majority action.                                                            
                                                                                                                                
CHAIRMAN THERRIAULT agreed with Senator Pearce.                                                                                 
                                                                                                                                
SENATOR  HALFORD said that  the problem  is that  if a rule  says it                                                            
must be  heard in joint committee  then it  is raised as a  point of                                                            
order and the  point of order must  be answered. "If it says  it has                                                            
to  be considered  by a  committee  in each  house  then it  doesn't                                                            
matter  if it  is joint  or  separate  and "the  point  of order  is                                                            
clearly out of  order when it is raised but it's a  motion to defeat                                                            
the executive order."                                                                                                           
                                                                                                                                
CHAIRMAN   THERRIAULT  said   adding  the   amendment  reduces   the                                                            
flexibility of the legislature.                                                                                                 
                                                                                                                                
Amendment  #1, adding the  two words "meeting  jointly", is  offered                                                            
and there is objection to it. He asked for a roll call vote.                                                                    
                                                                                                                                
SENATOR PEARCE withdrew  her amendment after Senator Davis asked for                                                            
more discussion before the roll call vote.                                                                                      
                                                                                                                                
She  then  raised   the  question  of  placing  the  Department   of                                                            
Corrections under the purview  of the State Affairs Committee rather                                                            
than the Judiciary  Committee, as proposed, saying  that there isn't                                                            
much judiciary  business  in housing  prisoners.  She asked  whether                                                            
this discussion was raised in House committees.                                                                                 
                                                                                                                                
MR. WRIGHT  said no, there wasn't  that discussion, but he  believes                                                            
that  the  assignment   to  Judiciary  is  because   of  parole  and                                                            
probation.                                                                                                                      
                                                                                                                                
CHAIRMAN THERRIAULT asked where the suggestion originated.                                                                      
                                                                                                                                
Number 108                                                                                                                      
                                                                                                                                
MR. WRIGHT said  that there was discussion with the  drafter and the                                                            
Speaker  who  thought   Judiciary  was  appropriate   and  Ms.  Cook                                                            
concurred.                                                                                                                      
                                                                                                                                
SENATOR PHILLIPS agreed with Senator Pearce's argument.                                                                         
                                                                                                                                
SENATOR PEARCE  said that it could be useful to have  the department                                                            
assigned  to the  Judiciary  Committee  and  when projects  such  as                                                            
building  jails were  proposed there  could be a  referral to  State                                                            
Affairs.  This  would  give  the  presiding   officers  a  bit  more                                                            
latitude.                                                                                                                       
                                                                                                                                
SENATOR PEARCE  made a  motion that Department  of Corrections  move                                                            
from Judiciary Committee to State Affairs Committee.                                                                            
                                                                                                                                
CHAIRMAN THERRIAULT asked whether there were objections to the                                                                  
amendment to change the oversight of Department of Corrections to                                                               
the State Affairs Committees.                                                                                                   
                                                                                                                                
Amendment #2 passed with no objections.                                                                                         
                                                                                                                                
SENATOR PHILLIPS made a motion that SCS HCR 5 (STA) move from                                                                   
committee with individual recommendations.                                                                                      
                                                                                                                                
SCS HCR 5 (STA) moved from committee with no objections.                                                                        
                                                                                                                                

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