Legislature(2017 - 2018)HOUSE FINANCE 519


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Audio Topic
11:49:09 AM Start
12:13:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to Immediately Following Session --
+ Committee Organization TELECONFERENCED
- Election of the Chair
- Election of the Vice Chair
Committee Policies
- Quorum & Voting Requirements
- Alternate Members
- Sanctioning Charitable Events
- Subcommittee Assignments
Other Committee Business
- West Benson LIO
- Manual Of Legislative Drafting 2017 by Jerry
- 2017 Revisor's Bill by Lisa Kirsch
- Sanctioning Charitable Events
                      ALASKA STATE LEGISLATURE                                                                                
                        LEGISLATIVE COUNCIL                                                                                   
                          JANUARY 20, 2017                                                                                    
                              11:50 AM                                                                                        
      MEMBERS PRESENT                                                                                                         
      Representative Sam Kito, Chair                                                                                            
      Senator Bert Stedman, Vice Chair                                                                                          
      Representative Matt Claman                                                                                                
      Representative Bryce Edgmon                                                                                               
      Representative David Guttenberg                                                                                           
      Representative Charisse Millett                                                                                           
      Representative Dan Ortiz                                                                                                  
      Representative Louise Stutes                                                                                              
      Representative Harriet Drummond, Majority Alternate                                                                       
      Representative David Eastman, Minority Alternate                                                                          
      Senator Pete Kelly                                                                                                        
      Senator Anna MacKinnon                                                                                                    
      Senator Kevin Meyer                                                                                                       
      Senator Peter Micciche                                                                                                    
      Senator Gary Stevens                                                                                                      
      MEMBERS ABSENT                                                                                                          
      Senator Lyman Hoffman                                                                                                     
      Senator Cathy Giessel, Alternate                                                                                          
      OTHER MEMBERS PRESENT                                                                                                   
      Representative Dan Saddler                                                                                                
      COMMITTEE ORGANIZATION                                                                                                    
      COMMITTEE POLICIES                                                                                                        
      OTHER COMMITTEE BUSINESS                                                                                                  
      SPEAKER REGISTER                                                                                                        
   Jerry Luckhaupt, Revisor of Statutes, Legal Services,                                                                        
         Legislative Affairs Agency                                                                                             
      Lisa Kirsch, Assistant Revisor of Statutes, Legal Services,                                                               
         Legislative Affairs Agency                                                                                             
      Pam Varni, Executive Director, Legislative Affairs Agency                                                                 
     11:49:09 AM                                                                                                            
     CHAIR  STEVENS opened the  Legislative Council meeting by                                                                  
     thanking many of the people who made the last two years so                                                                 
     successful. He  particularly thanked Pam Varni, Executive                                                                  
     Director, who  has done  a tremendous  job; Doug Gardner,                                                                  
     Legal Services Director, who has  been great to work with                                                                  
     through many contractual issues; his Chief of Staff Katrina                                                                
     Matheny;  and all  the staff  at  the Legislative Affairs                                                                  
 I. CHAIR GARY STEVENS called the Legislative Council meeting                                                                 
     to order at 11:50 a.m. in Room 519 (House Finance) of the                                                                  
     State  Capitol. Present at  the call were  Representatives                                                                 
     Claman,   Edgmon,  Guttenberg,  Millett,  Ortiz,  Stutes,                                                                  
     Drummond (alternate), Eastman (alternate), Kito; Senators                                                                  
     Kelly, MacKinnon, Meyer, Micciche, Stevens, Stedman. Absent                                                                
     were Senators Hoffman and Giessel (alternate).                                                                             
II. COMMITTEE ORGANIZATION                                                                                                    
     a. Election of the Chair                                                                                                 
     b. Election of the Vice Chair                                                                                            
     a. Election of the Chair                                                                                                 
     11:51:01 AM                                                                                                              
     Speaker  Edgmon nominated Representative Sam Kito  as the                                                                  
     Chair  of  Legislative Council, and  asked  for unanimous                                                                  
     consent and that the nominations be closed.                                                                                
     There were no objections and with congratulations from the                                                                 
     outgoing Chair, Representative Kito was passed the gavel.                                                                  
     CHAIR KITO noted the  removal of the West Benson LIO item                                                                  
     from the  agenda and explained that there were still some                                                                  
     issues  that  needed to  be  resolved  regarding building                                                                  
     renovations. He  said  they would  be putting  together a                                                                  
     working group to discuss the issue as  session progresses;                                                                 
     right  now we  are still able  to occupy and  utilize the                                                                  
     facility while we  consider what renovations are necessary                                                                 
     for  the future. He then asked for a  motion to elect the                                                                  
     Vice Chair.                                                                                                                
     b. Election of the Vice Chair                                                                                            
     11:52:43 AM                                                                                                              
     SENATOR GARY STEVENS nominated Senator Bert Stedman as the                                                                 
     Vice Chair of Legislative Council, and asked for unanimous                                                                 
     consent and that the nominations be closed.                                                                                
     There were no objections.                                                                                                  
      SENATOR PETE KELLY noted that with the removal of the West                                                                
      Benson LIO item,  which was a significant action item, he                                                                 
      would  be  leaving  the  meeting  to  attend  to  another                                                                 
III. COMMITTEE POLICIES                                                                                                       
      a. Quorum on Voting Requirements                                                                                        
      b. Alternate Members                                                                                                    
      c. Sanctioning Charitable Events                                                                                        
      d. Subcommittee Assignments                                                                                             
      a. Quorum on Voting Requirements                                                                                        
      CHAIR  KITO  outlined the  voting  requirements for  this                                                                 
      committee. He said there needs to  be eight members for a                                                                 
      quorum  and  at least  one  member from  both  bodies. It                                                                 
      requires eight members to approve a motion. The policy for                                                                
      any motion made without objection is that a roll call vote                                                                
      will not be required.                                                                                                     
      b. Alternate Members                                                                                                    
      Chair Kito noted that there are alternate members for this                                                                
      committee and they  are welcome to participate and attend                                                                 
      any  of the Legislative Council meetings but will  not be                                                                 
      eligible to  vote unless the appropriate body's number of                                                                 
      members are not present.                                                                                                  
      There was no objection to maintaining the alternate member                                                                
      c. Sanctioning Charitable Events                                                                                        
      Chair Kito said that per AS 24.60.080(a)(2)(B), Legislative                                                               
      Council sanctions charitable events that have a 501(c)(3)                                                                 
      tax free status. This has been the policy since 2003. The                                                                 
      committee grants the Chair the ability to sanction events                                                                 
      so there are opportunities if an event is happening before                                                                
      the  next Legislative Council meeting; the committee will                                                                 
      then ratify the sanctioning at the next available meeting.                                                                
      There was no objection to maintaining the charitable events                                                               
      d. Subcommittee Assignments                                                                                             
      Chair Kito said he would like to establish subcommittees on                                                               
      various issues to ensure efficiently addressing legislative                                                               
      business  and as  much participation on  those  issues as                                                                 
      possible. He proposed the following subcommittees, which is                                                               
      not  an exclusive list: Information Technology, Security,                                                                 
      Moving  & Travel,  Per Diem,  and  West Benson  LIO Space                                                                 
      Utilization. He asked that  members who are interested in                                                                 
     serving on any  of these subcommittees contact the Chair's                                                                 
     office. The goal is to have at least one member from each                                                                  
     body on each committee.                                                                                                    
IV. OTHER COMMITTEE BUSINESS                                                                                                  
     a. West Benson LIO (removed from agenda)                                                                                 
     b. Manual of Legislative Drafting 2017                                                                                   
     c. 2017 Revisor's Bill                                                                                                   
     d. Sanctioning of a Charitable Event                                                                                     
     b. Manual of Legislative Drafting 2017                                                                                   
     JERRY LUCKHAUPT, Revisor of  Statues for the Alaska State                                                                  
     Legislature, said that the Manual of  Legislative Drafting                                                                 
     is required under Rule 10 of the Alaska State Legislature;                                                                 
     and  the purpose  is to  provide for  some uniformity and                                                                  
     continuity and to reduce ambiguity in the statutes so that                                                                 
     we  don't end  up with a  situation where the  courts are                                                                  
     constantly interpreting what we say. If we say one thing in                                                                
     one  place then we  should be saying  it the same  way in                                                                  
     another place. To that end, the new manual was presented to                                                                
     Council along with  a memo identifying the changes. There                                                                  
     were the normal clerical changes that occur going from the                                                                 
     29th Legislature to the  30th Legislature. He said one of                                                                  
     the big changes was the addition of the section to provide                                                                 
     a little more notice to both Legislators and staff of the                                                                  
     things that  Legal Services needs in order to  effectively                                                                 
     carry out their wishes, which is called "Consideration for                                                                 
     Drafting  of  Bills." He  said this  manual  allows Legal                                                                  
     Services to  ensure a Legislator's wishes are carried out                                                                  
     consistently and effectively.                                                                                              
     There was no discussion for this item.                                                                                     
     12:01:00 PM                                                                                                              
     VICE CHAIR STEDMAN moved that Legislative Council adopt the                                                                
     2017 Drafting Manual.                                                                                                      
     The motion passed without objection.                                                                                       
     c. 2017 Revisor's Bill                                                                                                   
     LISA KIRSCH, Assistant Revisor, joined Mr. Luckhaupt at the                                                                
     testifier's table  to speak  to this  item. She  said the                                                                  
     Revisor's Bill is designed to correct any deficiencies or                                                                  
     conflicts,  or  get  rid  of  obsolete  provisions, which                                                                  
     generally improved the  substance and form  of the Alaska                                                                  
     statutes. She said this is done under Title 1, which gives                                                                 
     the Revisors the ability to make certain types of changes.                                                                 
     Generally,  they avoid  any substantive changes  and stay                                                                  
     clearly within their statutory authority. Ms. Kirsch gave                                                                  
      some examples of the types of changes made in this version                                                                
      of the Revisor's Bill, and each member had a sectional in                                                                 
      their packet that provided the details.                                                                                   
      SENATOR  MACKINNON  moved   a  conceptual  amendment  for                                                                 
      discussion, specifically page 6, line 31  through page 7,                                                                 
      line  1,  to delete  "deliver the  report  to  the senate                                                                 
      secretary  and   the   chief  clerk  of   the   house  of                                                                 
      representatives and".  She  asked Mr.  Luckhaupt and  Ms.                                                                 
      Kirsch to speak to this conceptual amendment.                                                                             
      MR.  LUCKHAUPT said that they have been  trying to insert                                                                 
      language like that into  the statutes to assist the chief                                                                 
      clerk and the senate secretary in dealing with the numerous                                                               
      reports  that the  Legislature requires  Executive Branch                                                                 
      agencies  submit to  the Legislature. The  clerk and  the                                                                 
      secretary  have had  problems over  the  years with  some                                                                 
      agencies  calling  their  office to  say  the  report  is                                                                 
      available,  while other  agencies send  physical reports,                                                                 
      others send electronic reports, and some inundate the clerk                                                               
      or the secretary with 60 copies. In 1995, the  Legislature                                                                
      enacted a law that, in 127 places in statute, changed the                                                                 
      requirements for reports. It removed requirements for each                                                                
      member to receive a physical report and added this language                                                               
      about how the agency completes the report and notifies the                                                                
      Legislature that  the report  is available. He  said that                                                                 
      language became problematic over the years and created an                                                                 
      additional workload on  the clerk and  the secretary, who                                                                 
      were  often having to do  some of the  work the Executive                                                                 
      Branch agencies should have been doing and organizing. He                                                                 
      said  in this  case, it is  probably best to  remove this                                                                 
      language  from  the   Revisor's  Bill  and  address  this                                                                 
      separately in another bill.                                                                                               
      Mr. Luckhaupt said that Senator MacKinnon had asked Legal                                                                 
      Services to prepare legislation that might create a common                                                                
      provision for  reports to the Legislature; something that                                                                 
      might be inserted in Title 24 that provides that when the                                                                 
      Legislature requires an agency to submit a  report to the                                                                 
      Legislature that  it be  done in a  certain way.  It will                                                                 
      either  be submitted in  electronic format to  the senate                                                                 
      secretary or chief clerk  and notice shall be provided to                                                                 
      the  individual members of the  Legislature by electronic                                                                 
      means or whatever Senator MacKinnon desires. Then, in these                                                               
      individual sections where the Legislature orders an annual                                                                
      report, we can say that the agency shall submit the report                                                                
      as provided under 24.10.220. It will be a simpler process,                                                                
      everyone will know the way to do it, and it might finally                                                                 
      solve  the problem of  these reports or  at least provide                                                                 
     simplicity and certainty to the clerk and the secretary. He                                                                
     recommended  the Revisor's  Bill go  forward  without the                                                                  
     clause that's part of that amendment.                                                                                      
     SENATOR MACKINNON said  she wanted Mr.  Luckhaupt and his                                                                  
     team  to have  an opportunity to  talk about some  of the                                                                  
     challenges faced. The  Legislature has been moving toward                                                                  
     electronic submittal of reports so that we don't have some                                                                 
     of  the expenses. Being able to centralize or unify where                                                                  
     reports are  distributed would be helpful  for the entire                                                                  
     team. She said she would be happy to introduce a committee                                                                 
     bill or personal legislation on behalf of all the members,                                                                 
     and asked that members who support this amendment to also                                                                  
     support and commit to trying to bring this forward without                                                                 
     adding  other things  to the  bill. She  said  Legislative                                                                 
     Council's support would be helpful to shepherd along this                                                                  
     move to electronic submittal and certainty on where reports                                                                
     will wind up.                                                                                                              
  The conceptual amendment was adopted without objection.                                                                       
     12:10:26 PM                                                                                                              
     VICE CHAIR  STEDMAN moved that Legislative Council approve                                                                 
     the 2017 Revisor's bill version 30-LS0010\J as amended and                                                                 
     forward it to the House Rules Committee for introduction by                                                                
     The amended motion was approved without objection.                                                                         
     d. Ratification of a Charitable Event - American Red Cross                                                               
     12:11:35 PM                                                                                                              
     VICE  CHAIR STEDMAN moved that Legislative Council ratify                                                                  
     the Chair's sanctioning of the following charitable events                                                                 
     per  AS  24.60.080(a)(2)(B): 100 Years  of  Flirting With                                                                  
     Disaster Celebration.                                                                                                      
     DISCUSSION FOLLOWED between Representative Guttenberg and                                                                  
     Executive Director Pam Varni about the need for sanctioning                                                                
     a charitable event.                                                                                                        
     The motion was approved without objection.                                                                                 
     There  being  no further  business before  the  committee,                                                                 
     Legislative Council adjourned at 12:13 p.m.                                                                                
     12:13:10 PM                                                                                                            

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