Legislature(2011 - 2012)BUTROVICH 205

02/10/2011 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 18 DURATION OF REGULAR LEGISLATIVE SESSIONS TELECONFERENCED
Moved CSSB 18(STA) Out of Committee
*+ SCR 2 UNIFORM RULES: PRESIDING OFFICER PRO TEM TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 39 U.S. PRESIDENTIAL ELECTION COMPACT
Moved SB 39 Out of Committee
        SB  18-DURATION OF REGULAR LEGISLATIVE SESSIONS                                                                     
                                                                                                                              
9:08:22 AM                                                                                                                    
CHAIR  WIELECHOWSKI announced  SB  18  to be  the  next item  for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR  GARY  STEVENS,   sponsor  of  SB  18,   said  the  state                                                               
constitution says the legislature  shall meet for 120 consecutive                                                               
calendar days. The public voted to  shorten this to 90 days. Many                                                               
legislators feel  they cannot get  the job  done in 90  days, and                                                               
the  public is  not being  adequately heard.  More than  20 bills                                                               
have  been introduced  over the  years  to reduce  the length  of                                                               
legislative sessions. None of them  have passed. Some legislators                                                               
prefer the 90 day session for selfish reasons.                                                                                  
                                                                                                                                
The shorter session  is convenient for many  people; however, the                                                               
shorter  session  gives  more  power  to  the  governor  and  the                                                               
administration, and  takes away power from  the legislature. Many                                                               
members  feel it  is  not  working. Last  year  in the  resources                                                               
committee  the public  was limited  to two  minutes of  testimony                                                               
each. Senator Stevens  stressed that the legislature's  job is to                                                               
do the  right thing for  the public,  not what is  convenient for                                                               
the legislature.                                                                                                                
                                                                                                                                
He further noted  that Governor Parnell opposes  returning to 120                                                               
day sessions,  and emphasized  that legislators  need to  keep an                                                               
eye on  the administration. Also,  a legislator knows his  or her                                                               
home  district better  than the  administration or  the governor.                                                               
The  90  day session  is  not  working,  and the  legislature  is                                                               
weakened because of it.                                                                                                         
                                                                                                                                
9:15:03 AM                                                                                                                    
SENATOR MEYER  asked how the  120 day session length  was arrived                                                               
at, since originally there was no limit.                                                                                        
                                                                                                                                
SENATOR STEVENS  responded the constitution says  the legislature                                                               
shall adjourn not  later than 120 consecutive  calendar days from                                                               
the date it convenes.                                                                                                           
                                                                                                                                
SENATOR  MEYER  wondered how  the  drafters  of the  constitution                                                               
arrived at that figure.                                                                                                         
                                                                                                                                
SENATOR STEVENS  noted that the  legislature could  just convene,                                                               
and stop  when things get  done, but an open-ended  session would                                                               
make it hard to reach a  conclusion. Sometimes it is necessary to                                                               
have a 10-day extension, which the constitution allows.                                                                         
                                                                                                                                
9:17:08 AM                                                                                                                    
TIM LAMKIN, staff  to Senator Gary Stevens,  said that originally                                                               
there was no limit to the  length of sessions. In the early years                                                               
of statehood,  sessions lasted  an average  of 70  calendar days.                                                               
Once  the  pipeline arrived,  in  the  early 1970s,  the  average                                                               
length  went   up  to  170   and  even   180  days.  In   1984  a                                                               
constitutional  amendment  was  passed  limiting  the  length  of                                                               
sessions to 120 days.                                                                                                           
                                                                                                                                
MR. LAMKIN  also pointed  out that the  90-day session  limit was                                                               
passed  by 3,843  votes. Statewide  there were  6,800 people  who                                                               
took ballots  but did  not vote on  that question.  Perhaps those                                                               
voters  felt  that  this  decision   was  best  left  up  to  the                                                               
legislature itself.  He further noted  that 27 other  states have                                                               
sessions shorter than Alaska. He  explained there is a difference                                                               
between  calendar days  and legislative  days. Alaska  is in  the                                                               
middle in terms of average  annual calendar days. Mr. Lamkin also                                                               
noted how  other states  set limits;  most use  the constitution.                                                               
Alaska uses  the constitution  and statutes.  Some states  use an                                                               
indirect  method, by  limiting per  diem.  Loss of  per diem  pay                                                               
motivates legislatures  to end  on time.  In conclusion,  he said                                                               
that SB 18 is a compromise.                                                                                                     
                                                                                                                                
9:23:02 AM                                                                                                                    
SENATOR  PASKVAN  asked  Mr. Lamkin  to  explain  the  difference                                                               
between legislative days and calendar days.                                                                                     
                                                                                                                                
MR. LAMKIN answered that a legislative  day is when the Senate or                                                               
House is actually on the floor,  but the session length itself is                                                               
counted in calendar days.                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI noted there was a CS for SB 18.                                                                              
                                                                                                                                
9:24:32 AM                                                                                                                    
SENATOR PASKVAN moved to adopt  the proposed committee substitute                                                               
(CS) for SB 18, labeled 27-LS0122\B as the working document.                                                                    
                                                                                                                                
CHAIR WIELECHOWSKI objected for discussion purposes.                                                                            
                                                                                                                                
MR. LAMKIN said that version  B corrects a drafting oversight, to                                                               
change the effective date to 2012.                                                                                              
                                                                                                                                
CHAIR  WIELECHOWSKI  removed  his  objection and  version  B  was                                                               
before the committee.                                                                                                           
                                                                                                                                
9:25:19 AM                                                                                                                    
SENATOR  PASKVAN  moved  to  report  CSSB  18,  version  B,  from                                                               
committee  with   individual  recommendations   and  accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
CHAIR WIELECHOWSKI noted there were two proposed amendments.                                                                    
                                                                                                                                
9:25:32 AM                                                                                                                    
MR. LAMKIN  said that  amendment B.1 would  change the  date when                                                               
the legislature convenes, and would  restore an earlier provision                                                               
to convene  the first  session on the  third Tuesday  in January,                                                               
and  the  second  session  on  the  second  Tuesday  in  January.                                                               
Amendment B.2 would make the change  to convene every year on the                                                               
second Tuesday in January.                                                                                                      
                                                                                                                                
9:27:02 AM                                                                                                                    
CHAIR WIELECHOWSKI clarified the amendments.                                                                                    
                                                                                                                                
SENATOR MEYER asked why there are staggered start dates.                                                                        
                                                                                                                                
MR. LAMKIN said  the start date has changed over  the years, most                                                               
recently to  start on Tuesday  rather than Monday.  The staggered                                                               
start dates  are also in consideration  of gubernatorial election                                                               
years.                                                                                                                          
                                                                                                                                
9:28:59 AM                                                                                                                    
SENATOR PASKVAN  asked if  the sponsor  had a  preference between                                                               
the two amendments.                                                                                                             
                                                                                                                                
SENATOR STEVENS said he preferred the first amendment.                                                                          
                                                                                                                                
CHAIR WIELECHOWSKI clarified that was amendment B.1.                                                                            
                                                                                                                                
9:30:26 AM                                                                                                                    
CHAIR WIELECHOWSKI  moved to adopt Amendment  [27-LS0122\B.1] and                                                               
objected for discussion purposes.                                                                                               
                                                                                                                                
                         AMENDMENT B.1                                                                                        
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE              BY SENATOR STEVENS                                                                      
     TO CSSB 18(...), DRAFT VERSION "B"                                                                                         
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Section 1. AS 24.05.090 is amended to read:                                                                      
          Sec.    24.05.090.   Duration    of   legislature;                                                                  
     sessions.  [THE   LEGISLATURE  SHALL  CONVENE   AT  THE                                                                  
     CAPITAL EACH  YEAR ON THE  THIRD TUESDAY IN  JANUARY AT                                                                    
     1:00  p.m.]  Each legislature  has  a  duration of  two                                                                    
     years and  consists of a  "First Regular  Session" that                                                                    
     meets in the odd-numbered  years, and a "Second Regular                                                                    
     Session"  that meets  in the  even-numbered years,  and                                                                    
     any special  session that  the governor  or legislature                                                                    
     calls. The  legislature shall  convene a  First Regular                                                                
     Session at the capital on  the third Tuesday in January                                                                
     at  1:00  p.m.  and  shall  convene  a  Second  Regular                                                                
     Session  at  the  capital  on  the  second  Tuesday  in                                                                
     January at 1:00 p.m."                                                                                                  
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 1:                                                                                                            
          Delete "Section 1 of this Act takes"                                                                                  
          Insert "Sections 1 and 2 of this Act take"                                                                            
                                                                                                                                
     Page 2, line 2:                                                                                                            
          Delete "Section 2"                                                                                                    
          Insert "Section 3"                                                                                                    
                                                                                                                                
CHAIR  WIELECHOWSKI  removed  his  objection  and  closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
9:30:51 AM                                                                                                                    
SENATOR  PASKVAN moved  to  report CS  for SB  18,  version B  as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
CHAIR  WIELECHOWSKI   announced  that  without   objection,  CSSB
18(STA) moved from the Senate State Affairs Standing Committee.                                                                 
                                                                                                                                

Document Name Date/Time Subjects
SCR 2 Sponsor Statement Rev. 1-27-2011.pdf SSTA 2/10/2011 9:00:00 AM
SCR 2
UNIFORM RULES: PRESIDING OFFICER PRO TEM
SB 39 Testimony Curtis Gans (Feb 8 2011).pdf SSTA 2/10/2011 9:00:00 AM
SB 39
SB 39 Testimony Tara Ross Feb 2011.pdf SSTA 2/10/2011 9:00:00 AM
SB 39
SB 18 Testimony April Hodges.pdf SSTA 2/10/2011 9:00:00 AM
SB 18
SCR 2 Sectional revised- CS & Amend. 2-8-2011.pdf SSTA 2/10/2011 9:00:00 AM
SCR 2
SCR 2 - CSSCR 2 27-LS0031M.pdf SSTA 2/10/2011 9:00:00 AM
SCR 2
SCR 2 Docs- Uniform Rules 1-4.pdf SSTA 2/10/2011 9:00:00 AM
SCR 2
SCR 2 Sponsor Statement Rev. 2-9-2011.pdf SSTA 2/10/2011 9:00:00 AM
SCR 2
SB 18 Supporting Document Chart of Session Days by State - Data Source NCSL.pdf SSTA 2/10/2011 9:00:00 AM
SB 18