Legislature(1997 - 1998)

05/10/1997 11:32 AM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                 HOUSE RULES STANDING COMMITTEE                                
                          May 10, 1997                                         
                           11:32 a.m.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Pete Kott, Chairman                                            
 Representative Gail Phillips                                                  
 Representative Brian Porter                                                   
 Representative Bill Williams                                                  
 Representative Kim Elton                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Al Vezey                                                       
 Representative Irene Nicholia                                                 
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN)                               
 Urging the state executive branch administration, University of               
 Alaska administration, and Alaska Court System administration to              
 negotiate collective bargaining agreements that result in a net               
 zero cost increase.                                                           
                                                                               
      - MOVED HCS CSSCR 16(RLS) OUT OF COMMITTEE                               
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  SCR 16                                                               
 SHORT TITLE: NO INCREASE IN COST OF STATE EMPLOYEES                           
 SPONSOR(S): FINANCE                                                           
                                                                               
 JRN-DATE      JRN-PG               ACTION                                     
 05/06/97      1717    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 05/06/97      1717    (S)   FINANCE                                           
 05/08/97              (S)   FIN AT 8:00 AM SENATE FINANCE 532                 
 05/08/97      1814    (S)   FIN RPT  CS  5DP 1NR      SAME TITLE              
 05/08/97      1814    (S)   DP: PEARCE, SHARP, PHILLIPS, PARNELL              
 05/08/97      1814    (S)   TORGERSON;  NR: DONLEY                            
 05/08/97      1814    (S)   ZERO FISCAL NOTE TO CS (S.FIN)                    
 05/08/97      1841    (S)   RULES TO SUPP CAL 1 & 1NR     5/8/97              
 05/08/97      1845    (S)   READ THE SECOND TIME                              
 05/08/97      1845    (S)   FIN  CS ADOPTED UNAN CONSENT                      
 05/08/97      1846    (S)   PASSED Y11 N8 E1                                  
 05/08/97      1846    (S)   DUNCAN  NOTICE OF RECONSIDERATION                 
 05/09/97      1905    (S)   RECON TAKEN UP - IN THIRD READING                 
 05/09/97      1905    (S)   MOVED TO BOTTOM OF CALENDAR                       
 05/09/97      1928    (S)   IN THIRD READING                                  
 05/09/97      1929    (S)   PASSED ON RECONSIDERATION Y12 N7 E1               
 05/09/97      1932    (S)   TRANSMITTED TO (H)                                
 05/09/97      1785    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 05/09/97      1785    (H)   RULES                                             
 05/10/97              (H)   RLS AT 11:00 AM CAPITOL 208                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 KRAG JOHNSON, Administrative Assistant                                        
   to Senator Drue Pearce                                                      
 Alaska State Legislature                                                      
 Capitol Building, Room 518                                                    
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 465-6594                                                    
 POSITION STATEMENT:  Answered a question on CSSCR 16(FIN).                    
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-16, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 CHAIRMAN PETE KOTT called the House Rules Standing Committee to               
 order at 11:32 a.m.  Members present at the call to order were                
 Representatives Williams, Elton, Phillips and Kott.  Representative           
 Porter arrived at 11:33 a.m.                                                  
                                                                               
 CSSCR 16(FIN) - NO INCREASE IN COST OF STATE EMPLOYEES                      
                                                                               
 Number 0015                                                                   
                                                                               
 CHAIRMAN KOTT announced the committee would address CSSCR 16(FIN),            
 "Urging the state executive branch administration, University of              
 Alaska administration, and Alaska Court System administration to              
 negotiate collective bargaining agreements that result in a net               
 zero cost increase."                                                          
                                                                               
 Number 0041                                                                   
                                                                               
 REPRESENTATIVE GAIL PHILLIPS referred to the "Whereas" clause on              
 page 1, line 10, and recommended that the wording be changed to               
 read, "WHEREAS the legislature acknowledges that recurring revenues           
 continue to fall short of recurring expenditures in the long                  
 term;".  Currently, it stated, "WHEREAS the legislature realizes              
 that recurring revenues fall dramatically short of recurring                  
 expenditures in the long term;".  Representative Phillips moved the           
 amendment.                                                                    
                                                                               
 Number 0204                                                                   
                                                                               
 CHAIRMAN KOTT asked whether there was discussion on the conceptual            
 amendment.  There being none, he asked whether there was an                   
 objection to it.  Hearing none, Amendment 1 was adopted.                      
 Number 0225                                                                   
                                                                               
 REPRESENTATIVE PHILLIPS referred to line 14 and said she thinks               
 that "Whereas" clause needs to be rewritten to make the language              
 more palatable.                                                               
                                                                               
 Number 0256                                                                   
                                                                               
 REPRESENTATIVE BRIAN PORTER suggested using the wording "not                  
 advisable" rather than "irresponsible."                                       
                                                                               
 Number 0319                                                                   
                                                                               
 CHAIRMAN KOTT said it would read, "WHEREAS the legislature finds it           
 not advisable to increase the cost of personal services in a time             
 of deficit spending;".  He asked whether there was an objection.              
 Hearing none, Amendment 2 was adopted.                                        
                                                                               
 Number 0339                                                                   
                                                                               
 REPRESENTATIVE PHILLIPS indicated the next amendment would be on              
 page 2, line 21, "FURTHER RESOLVED that the Alaska State                      
 Legislature will disapprove the monetary terms of any collective              
 bargaining agreement that results in an increased cost of personal            
 services".  She said the words "will disapprove" give her a                   
 problem, as there could be plenty of money and thus no problem.  If           
 the situation dramatically changed, they would be able to fund.               
 "But we don't want to fund if we don't have any more revenues                 
 coming in," she said.                                                         
                                                                               
 REPRESENTATIVE KIM ELTON suggested striking that "resolved"                   
 section, as everyone has acknowledged that a future legislature               
 can't be bound to anything.                                                   
                                                                               
 CHAIRMAN KOTT said "disapprove" was the objectionable word.                   
                                                                               
 REPRESENTATIVE PHILLIPS said, "Because I think `will disapprove' is           
 closing our door and won't give us any options."                              
                                                                               
 REPRESENTATIVE PORTER suggested using the wording, "could                     
 disapprove."                                                                  
                                                                               
 REPRESENTATIVE PHILLIPS said the legislature can already do that.             
                                                                               
 Number 0620                                                                   
                                                                               
 REPRESENTATIVE ELTON said he doesn't believe that resolve makes               
 sense.  "Either we're binding a future legislature or we're doing             
 something we're already doing," he stated.                                    
                                                                               
 REPRESENTATIVE PORTER asked, "Now how many times have we heard, Mr.           
 Chairman, if I may, `Why didn't you tell us?'"                                
                                                                               
 Number 0647                                                                   
                                                                               
 REPRESENTATIVE ELTON said, "I think what we're talking about is               
 prospectively here.  We're not talking about anything that has                
 happened in the past.  We're talking about negotiations that occur            
 in the future.  I mean, I think the question before this committee            
 and then before the House is going to be, `Are we going to ...?'              
 I mean, if you want to say that we're going to do something                   
 differently than we're doing, the only thing that we can say that's           
 different is that we're going to disapprove."                                 
                                                                               
 Number 0718                                                                   
                                                                               
 REPRESENTATIVE PHILLIPS suggested the wording, "the legislature               
 will recommend disapproval."  She said, "So he knows exactly right            
 now where we're going to come from if there isn't increased                   
 revenues coming in."                                                          
                                                                               
 REPRESENTATIVE PORTER suggested using the wording, "FURTHER                   
 RESOLVED that if revenues remain below expenditures, the Alaska               
 State Legislature will disapprove the monetary terms of any                   
 collective bargaining agreement that results in an increased cost             
 of personal services."                                                        
                                                                               
 REPRESENTATIVE PHILLIPS said with that caveat included, the                   
 legislature's hands are not tied if there are adequate revenues.              
                                                                               
 Number 0818                                                                   
                                                                               
 REPRESENTATIVE ELTON said if the committee does this, the word                
 "revenues" will need to be defined.  He said the earnings of the              
 CBR and permanent fund are revenues.                                          
                                                                               
 REPRESENTATIVE PHILLIPS indicated it would be better to identify              
 the revenues as "general fund revenues."                                      
                                                                               
 REPRESENTATIVE ELTON indicated he doesn't agree with the                      
 resolution.                                                                   
                                                                               
 REPRESENTATIVE PHILLIPS said, "But at the same time we want to send           
 a very strong message to the Governor, `Don't bring us contracts              
 that are above what they are right now because we don't have the              
 money for them.' ... Everybody blames us for disapproving the                 
 contracts ahead of time.  This way, we're sending to him a message            
 saying, `Don't do it.'"                                                       
                                                                               
 Number 0948                                                                   
                                                                               
 REPRESENTATIVE PORTER repeated the amendment:  "FURTHER RESOLVED              
 that if general fund revenues remain below expenditures, the Alaska           
 State Legislature will disapprove the monetary terms of any                   
 collective bargaining agreement that results in an increased cost             
 to personal services."                                                        
                                                                               
 CHAIRMAN KOTT asked whether there was an objection to the                     
 amendment.  Hearing none, Amendment 3 was adopted.                            
                                                                               
 Number 1023                                                                   
                                                                               
 REPRESENTATIVE PHILLIPS referred to the "resolved" section on page            
 2, line 24, and said it appears to her to be the same as the first            
 "resolved" section.  She suggested asking a representative from the           
 sponsor's office whether there is a reason for duplication.                   
                                                                               
 Number 1114                                                                   
                                                                               
 KRAG JOHNSON, Administrative Assistant to Senator Drue Pearce,                
 Alaska State Legislature, said it is a further statement.                     
                                                                               
 CHAIRMAN KOTT agreed with Representative Phillips that it is                  
 included in the first "resolve" section verbatim.                             
                                                                               
 Number 1133                                                                   
                                                                               
 CHAIRMAN KOTT moved that lines 24 through 27 be deleted.  He asked            
 whether there was an objection.  Hearing none, Amendment 4 was                
 adopted.                                                                      
                                                                               
 Number 1159                                                                   
                                                                               
 REPRESENTATIVE BILL WILLIAMS made a motion to move CSSCR 16(FIN),             
 as amended, out of committee.                                                 
                                                                               
 Number 1216                                                                   
                                                                               
 REPRESENTATIVE ELTON objected.  He said what bothers him is the               
 resolution accomplishes nothing.  He is offended by the notion of             
 telling a future legislature what they should be doing.  In                   
 addition, there are many ways of addressing budgeting.  Costs can             
 be lowered by reducing a number of personnel.  General fund draws             
 can be reduced by reducing programs.  He said this focuses on a               
 very narrow way of reducing their overall budget in the future.               
                                                                               
 REPRESENTATIVE ELTON stated, "And what we're doing is we're taking            
 away from the people who are supposed to be involved in the                   
 bargaining process, the employer and employee, and we're telling              
 them what they must accomplish.  And I think that does a grave                
 disservice to the process of sitting down and two parties that are            
 most closely involved working out a beneficial arrangement."                  
                                                                               
 Number 1349                                                                   
                                                                               
 REPRESENTATIVE PHILLIPS said she would take exception to one                  
 comment made by Representative Elton.  She stated, "This isn't                
 doing anything to a future legislature; this is us.  The Governor             
 and the Administration are going to start negotiating on contracts            
 this coming year.  We are the legislative sitting body.  We are               
 telling them, `Don't bring us in contracts that are way above the             
 amount of revenues that would come in.'"                                      
                                                                               
 REPRESENTATIVE PHILLIPS continued, "By doing it prospectively                 
 rather than retrospectively, as we did the last go-around on                  
 contracts, we can save a lot of grief for the state employees                 
 having to think they have reached a negotiated contract, come back            
 to the legislature and then the legislature saying, `No, we can't             
 fund that; go back to the table.'  This way, we can save at least             
 a year and a half of heartache for our state employees by sending             
 this message from us.  This is the legislature that's dealing with            
 this, with this Administration, saying, `Don't do it; don't do that           
 to the state employees.  Come back with something that the                    
 legislature is going to be able to accept.'  And I think this is              
 absolutely within our purview and we have the responsibility, ahead           
 of time, to send a message like this to the Administration."                  
                                                                               
 Number 1504                                                                   
                                                                               
 CHAIRMAN KOTT asked Representative Elton whether he still                     
 maintained his objection.                                                     
                                                                               
 REPRESENTATIVE ELTON said yes.                                                
                                                                               
 Number 1511                                                                   
                                                                               
 A roll call vote was taken.  Representatives Williams, Phillips,              
 Porter and Kott voted in favor of moving the resolution.                      
 Representative Elton voted against moving the resolution.  So HCS             
 CSSCR 16(RLS) moved out of the House Rules Standing Committee on a            
 vote of 4 to 1.                                                               
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 CHAIRMAN KOTT adjourned the House Rules Standing Committee meeting            
 at 11:55 a.m.                                                                 
                                                                               

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