Legislature(1993 - 1994)

03/16/1993 03:30 PM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                 HOUSE RULES STANDING COMMITTEE                                
                         March 16, 1993                                        
                            3:30 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Carl E. Moses, Chairman                                       
  Representative Ramona Barnes                                                 
  Representative Gail Phillips                                                 
  Representative Pat Carney                                                    
  Representative Fran Ulmer                                                    
  Representative Jerry Sanders                                                 
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative Mark Hanley                                                   
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 205:   "An Act relating to alternate members of the                       
            Alaska Legislative Council; and providing for an                   
            effective date."                                                   
                                                                               
            MOVED OUT OF COMMITTEE                                             
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  HOWARD JOYCE                                                                 
  Legislative Aide                                                             
  Representative Eldon Mulder                                                  
  Alaska State Legislature                                                     
  Capitol Building, Room 116                                                   
  Juneau, AK  99801                                                            
  Phone:  465-2647                                                             
  Position Statement: Clarified points brought up about voting                 
                      procedures and establishing quorums in                   
                      the Legislative Council Committee.                       
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 205                                                                
  SHORT TITLE: ALTERNATES FOR LEGISLATIVE COUNCIL                              
  BILL VERSION:                                                                
                                                                               
  SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE COUNCIL                          
                                                                               
  TITLE: "An Act relating to alternate members of the Alaska                   
  Legislative Council and providing for an effective date."                    
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  03/05/93       553    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/05/93       553    (H)   RULES                                            
  03/16/93              (H)   RLS AT 03:30 PM SPEAKER'S                        
  CHAMBER                                                                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-3, SIDE A                                                            
  Number 000                                                                   
                                                                               
  CHAIRMAN MOSES called the meeting to order at 3:40 p.m.  He                  
  noted members in attendance and noted for the record that                    
  HB 205 was on the agenda, providing for alternates on                        
  legislative council, one appointed by the Senate President                   
  and another appointed by the Speaker of the House.                           
  HB 205:  ALTERNATES FOR LEGISLATIVE COUNCIL                                  
                                                                               
  Number 010                                                                   
                                                                               
  REPRESENTATIVE RAMONA BARNES stated that the reason HB 205                   
  came into existence was, although the statute had been                       
  passed for Budget & Audit to have alternate members, the                     
  statute did not exist for Legislative Council (Leg.                          
  Council).  Due to the nature of the committee being similar                  
  to Budget & Audit, it should have an alternate member, she                   
  said.                                                                        
                                                                               
  Number 019                                                                   
                                                                               
  REPRESENTATIVE FRAN ULMER asked about line 10 of page 2 of                   
  the bill, pertaining to the quorum.  She stated that                         
  currently, one half of the membership constitutes a quorum,                  
  and HB 205 states that "seven members, regular or alternate,                 
  constitutes a quorum."  She noted that on the previous page,                 
  it states, "an alternate only gets to vote if the regular                    
  member is absent."  She said this language raises the                        
  question that an alternate, at the meeting in addition to a                  
  regular member, could constitute a quorum, and even though                   
  the previous language says that an alternate cannot vote,                    
  it's not clear that they do not count as a quorum.                           
                                                                               
  Number 030                                                                   
                                                                               
  REPRESENTATIVE ULMER further noted that another concern                      
  about seven members constituting a quorum is that there are                  
  only seven members from each house.  She felt that Leg.                      
  Council should have to have a quorum, but that quorum should                 
  not be satisfied only by have one full body's membership                     
  present; which allows all the Senate members to show up, be                  
  a quorum and take action, or all the house members.                          
  Recognizing that Leg. Council is supposed to be a House and                  
  Senate body, designed to look after the interests of both                    
  bodies, it is disturbing knowing that one body or another                    
  could constitute a quorum.                                                   
                                                                               
  REPRESENTATIVE ULMER noted, lastly, that the language says                   
  regular or alternate members can constitute a quorum.  It                    
  should be clear that members from both bodies need to be                     
  present.                                                                     
                                                                               
  Number 044                                                                   
                                                                               
  REPRESENTATIVE BARNES stated that the language in HB 205 was                 
  no different from the language presently in law, with the                    
  exception of allowing for an alternate to substitute for one                 
  of the regular members, given that the alternate is from the                 
  same body as the absent regular member.  There would still                   
  be the same number of people on Leg. Council, the same                       
  quorum requirements would exist, as in law, and the only                     
  difference here would be to allow substitution of a regular                  
  member by a substitute.                                                      
                                                                               
  Number 054                                                                   
                                                                               
  REPRESENTATIVE ULMER stated that with HB 205 in House Rules,                 
  now would be an opportune time to make amendments.  She                      
  further said that one body should not be able to meet and                    
  make decisions for the entire legislature.  The language                     
  should read "seven members, at least one of which is a                       
  member of the other body, or require eight members to be a                   
  quorum."                                                                     
                                                                               
  REPRESENTATIVE GAIL PHILLIPS asked the Chairman if the                       
  committee could hear from Leg. Council staff for                             
  clarification.                                                               
                                                                               
  Number 061                                                                   
                                                                               
  HOWARD JOYCE, LEGISLATIVE STAFF FOR THE LEGISLATIVE COUNCIL                  
  COMMITTEE, noted that Representative Ulmer's question had                    
  come up before.  He said there is a difference between what                  
  constitutes a quorum versus voting procedures.  He stated                    
  that the minutes from 1979 say that the Chair, Senator Bill                  
  Ray, had indicated that eight members of Leg. Council must                   
  be present in order to do business or to vote.  This was                     
  reiterated in 1981 and in 1984.  The voting procedures were                  
  set out by the council, and not in statute, and has always                   
  been different than the quorum.                                              
                                                                               
  MR. JOYCE continued by stating that he had contacted Tamara                  
  Cook, Director of Legal Services, and asked her if HB 205                    
  changed the voting procedures or quorum requirements.  Ms.                   
  Cook advised that HB 205 did not change those requirements,                  
  and unless Leg. Council wanted, it did not need to be                        
  designated in statute.                                                       
                                                                               
  Number 076                                                                   
                                                                               
  REPRESENTATIVE ULMER said that the procedures that have been                 
  followed may as well be included in HB 205, as long as                       
  members were taking the time to amend the statute.  She                      
  wanted language added to say "votes cannot be taken unless                   
  eight members are present" or just change the quorum                         
  requirement to eight members.                                                
                                                                               
  Number 084                                                                   
                                                                               
  REPRESENTATIVE BARNES clarified that her reason for                          
  introducing HB 205 was simply to provide Leg. Council with                   
  alternate members, as Budget & Audit has.  She further                       
  exclaimed that she was "not willing to go any further with                   
  amending the statutes, as it relates to Leg. Council,                        
  without a considerable amount of discussion between both                     
  bodies of the legislature".                                                  
                                                                               
  REPRESENTATIVE BARNES further advised Representative Ulmer                   
  that if she wanted to introduce a bill addressing her                        
  concerns regarding Leg. Council, she should do so.                           
                                                                               
  REPRESENTATIVE ULMER advised the committee that she did not                  
  wish to introduce a bill, but just wanted to change the                      
  quorum requirements.  She stated, "This says seven, and I                    
  think it should be eight."  She repeated that it was a good                  
  idea to have both houses at the table before decisions get                   
  made, which translates into changing the quorum                              
  requirements.                                                                
                                                                               
  Number 095                                                                   
                                                                               
  REPRESENTATIVE ULMER moved that the word "seven" on page 2,                  
  line 10, be replaced with the word "eight."                                  
                                                                               
  REPRESENTATIVE BARNES objected.  She stated that she had an                  
  agreement with the other body that Leg. Council reflects                     
  both bodies and that each body would have an alternate                       
  member, without changing any other portion of the statutes.                  
  She restated that HB 205 does nothing different than what                    
  Budget & Audit language says, and if the minority leader                     
  wishes, she can go negotiate an agreement to change the                      
  quorum to eight members.                                                     
                                                                               
  Number 111                                                                   
                                                                               
  REPRESENTATIVE ULMER stated that "it would be a whole new                    
  way of doing business around here, if, when a bill gets                      
  introduced, and it's heard in a committee, why the committee                 
  cannot make changes if a majority of the committee thinks it                 
  makes sense.  This is a new idea that we have to go to the                   
  other body and ask if they think it's a good idea that we                    
  entertain a motion to amend a bill."                                         
                                                                               
  REPRESENTATIVE BARNES stated the difference between HB 205                   
  and other bills was that Leg. Council is the seat for the                    
  total legislature, and thus has the presiding officers of                    
  both bodies, by statute.  The committee meets jointly                        
  because everything Leg. Council does reflects the wishes of                  
  the two bodies.  She further claimed that it is appropriate                  
  that when changes are to be made to the operations of Leg.                   
  Council, then it be done in concurrence with both bodies.                    
                                                                               
  Number 124                                                                   
                                                                               
  REPRESENTATIVE ULMER stated in response, "Well, let's go ask                 
  the Senators, lets ask the other members of Leg. Council,                    
  lets go ask the Chairman of Leg. Council.  If they don't                     
  agree to change the quorum from seven to eight, then we'll                   
  come back and discuss it.  If we have to do it by consensus,                 
  fine, then we'll do it by consensus.  It just seems like                     
  there's a great opportunity here to fix something and to                     
  solidify a practice that protects both bodies in the future                  
  from one body running away with itself."                                     
                                                                               
  REPRESENTATIVE PHILLIPS stated that if the minority leader                   
  would withdraw her motion, she would agree to take the                       
  subject up before the next Leg. Council meeting and ask them                 
  to have a special hearing on the subject.  Perhaps they                      
  could get some action from Leg. Council directly.                            
                                                                               
  Number 136                                                                   
                                                                               
  REPRESENTATIVE ULMER questioned when the next Leg. Council                   
  meeting was scheduled so that an amendment could be made to                  
  HB 205, as there was no point in having two bills dealing                    
  with the procedures of Leg. Council.                                         
                                                                               
  MR. JOYCE clarified that there was, at the time, no Leg.                     
  Council meeting set for that week, March 15-19, but there                    
  should be one the following week, March 22-26.                               
                                                                               
  Number 143                                                                   
                                                                               
  CHAIRMAN MOSES asked for clarification that the quorum                       
  requirement was taken care of by a rule.                                     
                                                                               
  MR. JOYCE assured that currently, voting procedures were                     
  established earlier and are still adhered to Leg. Council                    
  dictate that eight members must vote in order to pass or                     
  take action.  Seven is required to do business, but it takes                 
  eight to move anything out of Leg. Council.                                  
                                                                               
  REPRESENTATIVE ULMER argued that "this is not a legislative                  
  rule, not required by Uniform Rules."                                        
                                                                               
  Number 152                                                                   
                                                                               
  REPRESENTATIVE CARNEY stated that it makes sense to take                     
  something previously agreed to by former Leg. Councils and                   
  put it in statute so that it is solid.  He further said that                 
  he understood the Speaker being concerned about doing                        
  something beyond that which you had agreed to, but he                        
  couldn't imagine why the people abiding by the current rules                 
  would not want to put them in statute.  He then asked if, by                 
  specifying eight, this committee makes it easier for the                     
  minimum number of people to conduct business.                                
                                                                               
  Number 158                                                                   
                                                                               
  REPRESENTATIVE BARNES then stated that 50 percent of the                     
  Leg. Council body constitutes a quorum, but it takes 50                      
  percent plus one, always, to conduct business.  Whether by                   
  rules or by law, it takes 50 percent plus one to conduct                     
  business.  She then advised that the concerns of                             
  Representative Ulmer were already provided for, because the                  
  legislative rules require that a majority is required in                     
  order to conduct business.                                                   
                                                                               
  Number 175                                                                   
                                                                               
  MR. JOYCE restated that Tamara Cook, the Director of Legal                   
  Services, had advised him that it was not necessary to add                   
  the voting procedures into statute unless it had to be                       
  specially stated.                                                            
                                                                               
  REPRESENTATIVE ULMER withdrew her motion with the                            
  understanding that the majority leader will take the issue                   
  up before Leg. Council to discuss the seven versus eight                     
  member issue, and also the way in which votes are going to                   
  be taken.  She further mentioned that seven members could                    
  constitute a quorum, from one body, and have decisions made.                 
                                                                               
  Number 189                                                                   
                                                                               
  REPRESENTATIVE BARNES broke in and exclaimed that "they                      
  can't."                                                                      
                                                                               
  REPRESENTATIVE ULMER asked Representative Barnes to show her                 
  where it was written that seven members of Leg. Council                      
  could not take action under those circumstances.  She then                   
  asked the majority members what would happen if the next                     
  Leg. Council didn't feel like operating this way.                            
                                                                               
  Number 206                                                                   
                                                                               
  REPRESENTATIVE ULMER asked Chairman Moses that he must                       
  remember from past years as a Representative how powerful                    
  Leg. Council was and how that committee was responsible for                  
  spending large sums of money.  She then offered to do                        
  research on the rules and statutes, or perhaps just offer a                  
  floor amendment later.                                                       
                                                                               
  REPRESENTATIVE ULMER removed her amendment.  Hearing no                      
  objection, Chairman Moses ordered it so.                                     
                                                                               
  Number 220                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS moved to pass HB 205 from committee                  
  with individual recommendations.  Hearing no objection,                      
  Chairman Moses ordered it so.                                                
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN MOSES asked members if there were further comments.                 
  Hearing none, he adjourned the meeting at 4:05 p.m.                          

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