Legislature(1997 - 1998)
04/07/1998 05:10 PM House RLS
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE RULES STANDING COMMITTEE
April 7, 1998
5:10 p.m.
MEMBERS PRESENT
Representative Pete Kott, Chairman
Representative Gail Phillips
Representative Brian Porter
Representative William K.(Bill) Williams
Representative Kim Elton
Representative Irene Nicholia
MEMBERS ABSENT
Representative Al Vezey
COMMITTEE CALENDAR
Reconvened the Rules Committee meeting of March 30, 1998, for the
purpose of adjourning.
CS FOR SENATE BILL NO. 259(TRA) am
"An Act relating to the membership of a metropolitan highway
planning organization."
- HEARD AND HELD
CS FOR SENATE CONCURRENT RESOLUTION NO. 14(FIN)
Establishing the Alaska Task Force on Parity for Mental Health.
- MOVED HCSCSSCR 14(RLS) FORWARD FOR CALENDARING
HOUSE CONCURRENT RESOLUTION NO. 9
Proposing amendments to the Uniform Rules of the Alaska State
Legislature relating to committee meetings; and providing for an
effective date.
- HEARD AND HELD
(* First public hearing)
PREVIOUS ACTION
BILL: SB 259
SHORT TITLE: METROPOLITAN PLANNING AUTHORITY
SPONSOR(S): TRANSPORTATION
Jrn-Date Jrn-Page Action
1/26/98 2300 (S) READ THE FIRST TIME - REFERRAL(S)
1/26/98 2300 (S) TRANSPORTATION
2/03/98 (S) TRA AT 1:30 PM BUTROVICH ROOM 205
2/03/98 (S) MINUTE(TRA)
2/12/98 (S) TRA AT 1:30 PM BUTROVICH ROOM 205
2/12/98 (S) MINUTE(TRA)
2/17/98 (S) TRA AT 1:30 PM BUTROVICH ROOM 205
2/17/98 (S) MINUTE(TRA)
2/20/98 2591 (S) TRA RPT CS 4DP 1NR NEW TITLE
2/20/98 2591 (S) DP: WARD, LINCOLN, HALFORD, GREEN
2/20/98 2591 (S) NR: WILKEN
2/20/98 2591 (S) ZERO FISCAL NOTE TO SB & CS (DOT)
2/23/98 (S) RLS AT 12:17 PM FAHRENKAMP RM 203
2/23/98 (S) MINUTE(RLS)
2/24/98 2630 (S) RULES TO CALENDAR 2/24/98
2/24/98 2632 (S) READ THE SECOND TIME
2/24/98 2632 (S) TRA CS ADOPTED UNAN CONSENT
2/24/98 2632 (S) AM NO 1 ADOPTED UNAN CONSENT
2/24/98 2632 (S) ADVANCED TO THIRD READING UNAN
CONSENT
2/24/98 2632 (S) READ THE THIRD TIME CSSB 259(TRA) AM
2/24/98 2633 (S) PASSED Y20 N-
2/24/98 2637 (S) TRANSMITTED TO (H)
2/25/98 2418 (H) READ THE FIRST TIME - REFERRAL(S)
2/25/98 2418 (H) TRANSPORTATION
3/11/98 (H) TRA AT 1:00 PM FAHRENKAMP RM 203
3/11/98 (H) MINUTE(TRA)
3/13/98 2618 (H) TRA RPT 3DP 3NR
3/13/98 2619 (H) DP: SANDERS, COWDERY, WILLIAMS;
3/13/98 2619 (H) NR: HUDSON, ELTON, MASEK
3/13/98 2619 (H) SENATE ZERO FISCAL NOTE (DOT) 2/20/98
3/13/98 2619 (H) REFERRED TO RLS
4/07/98 (H) RLS AT 5:00 PM CAPITOL 124
BILL: SCR 14
SHORT TITLE: PARITY FOR MENTAL HEALTH TASK FORCE
SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES
Jrn-Date Jrn-Page Action
4/25/97 1480 (S) READ THE FIRST TIME - REFERRAL(S)
4/25/97 1480 (S) HES, FINANCE
4/30/97 (S) HES AT 9:00 AM BUTROVICH ROOM 205
4/30/97 (S) MINUTE(HES)
1/30/98 (S) HES AT 9:00 AM BUTROVICH ROOM 205
1/30/98 (S) MINUTE(HES)
2/04/98 (S) MINUTE(HES)
2/16/98 (S) HES AT 9:00 AM BUTROVICH ROOM 205
2/16/98 (S) MINUTE(HES)
2/17/98 2541 (S) HES RPT CS 2DP 1NR SAME TITLE
2/17/98 2541 (S) DP: WILKEN, LEMAN NR: GREEN
2/17/98 2541 (S) ZERO FN TO CS (S.HES)
3/04/98 (S) FIN AT 10:00 AM SENATE FINANCE 532
3/12/98 (S) FIN AT 9:00 AM SENATE FINANCE 532
3/20/98 (S) RLS AT 11:55 AM FAHRENKAMP RM 203
3/20/98 (S) MINUTE(RLS)
3/20/98 2918 (S) FIN RPT CS 5DP SAME TITLE
3/20/98 2918 (S) DP: SHARP, PHILLIPS, ADAMS
3/20/98 2918 (S) TORGERSON, DONLEY
3/19/98 2918 (S) ZERO FN TO CS (S.FIN)
3/23/98 2947 (S) RULES TO CALENDAR 3/23/98
3/23/98 2954 (S) READ THE SECOND TIME
3/23/98 2954 (S) FIN CS ADOPTED UNAN CONSENT
3/23/98 2954 (S) PASSED Y18 N- E2
3/23/98 2958 (S) TRANSMITTED TO (H)
3/24/98 2721 (H) READ THE FIRST TIME - REFERRAL(S)
3/24/98 2721 (H) RULES
4/07/98 (H) RLS AT 5:00 PM CAPITOL 124
BILL: HCR 9
SHORT TITLE: AMEND UN RLS: COMMITTEE ACTION ON BILLS
SPONSOR(S): REPRESENTATIVES(S) ROKEBERG, Hudson
Jrn-Date Jrn-Page Action
2/17/97 373 (H) READ THE FIRST TIME - REFERRAL(S)
2/17/97 373 (H) STATE AFFAIRS, FINANCE, RULES
4/22/97 (H) STA AT 8:00 AM CAPITOL 102
4/22/97 (H) MINUTE(STA)
4/24/97 (H) STA AT 8:00 AM CAPITOL 102
4/24/97 (H) MINUTE(STA)
4/28/97 1362 (H) STA RPT CS(STA) 4DP 1AM
4/28/97 1363 (H) DP: JAMES, DYSON, VEZEY, IVAN
4/28/97 1363 (H) AM: BERKOWITZ
4/28/97 1363 (H) ZERO FISCAL NOTE (LAA)
3/13/98 2630 (H) COSPONSOR(S): HUDSON
3/19/98 (H) FIN AT 1:30 PM HOUSE FINANCE 519
3/19/98 (H) MINUTE(FIN)
3/20/98 (H) FIN AT 1:30 PM HOUSE FINANCE 519
3/23/98 2703 (H) FIN RPT CS(FIN) NT 2DP 7NR
3/23/98 2703 (H) DP: MULDER, KOHRING; NR: THERRIAULT,
3/23/98 2703 (H) KELLY, MARTIN, DAVIES, GRUSSENDORF,
3/23/98 2703 (H) FOSTER, DAVIS
3/23/98 2703 (H) ZERO FISCAL NOTE (LAA)
3/23/98 2703 (H) REFERRED TO RULES
3/30/98 (H) RLS AT 4:00 PM CAPITOL 124
3/30/98 (H) MINUTE(RLS)
4/07/98 (H) RLS AT 5:00 PM CAPITOL 124
WITNESS REGISTER
SENATOR DAVE DONLEY
Alaska State Legislature
Capitol Building, Room 508
Juneau, Alaska 99801
Telephone: (907) 465-3892
POSITION STATEMENT: Presented CSSB 259(TRA) am.
SENATOR JERRY WARD
Alaska State Legislature
Capitol Building, Room 423
Juneau, Alaska 99801
Telephone: (907) 465-4921
POSITION STATEMENT: Answered questions on CSSB 259(TRA) am.
MARK BEGICH, Assembly Chairman
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified against CSSB 259(TRA) am and the
proposed Rules Committee substitute.
CHARLES WOHLFORTH, Assembly Member
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified against CSSB 259(TRA) am and the
proposed Rules Committee substitute.
BOB BELL, Assembly Member
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified against CSSB 259(TRA) am and the
proposed Rules Committee substitute.
GEORGE WUERCH, Assembly Member
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified in support of the proposed CSSB
259(RLS).
PAT ABNEY, Assembly Member
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified against the proposed Rules Committee
substitute for SB 259.
DAN KENDALL, Assembly Member
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified on CSSB 259(TRA) am.
TED CARLSON, Assembly Member
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified in support of the amendment in the
proposed Rules Committee substitute for SB
259.
JOE MURDY, Assembly Member
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified in support of CSSB 259(TRA) am.
CHERYL CLEMENTSON, Assembly Member
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified against CSSB 259(TRA) am and the
proposed Rules Committee substitute.
MARY HUGHES, Attorney
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519
Telephone: (Not provided)
POSITION STATEMENT: Testified regarding CSSB 259(TRA) am and the
proposed Rules Committee substitute.
BARBARA WYNEK, Vice President
Rabbit Creek Community Council;
Secretary, Federation of Community Councils
(Address not provided)
Telephone: (Not provided)
POSITION STATEMENT: Testified against CSSB 259(TRA) am and the
proposed Rules Committee substitute.
KATHLEEN PLUNKETT
4828 East Fifth Avenue
Anchorage, Alaska 99508
Telephone: (907) 337-7377
POSITION STATEMENT: Testified against CSSB 259(TRA) am and the
proposed Rules Committee substitute.
WALTER MAJOROS, Executive Director
Alaska Mental Health Board
431 North Franklin, Suite 101
Juneau, Alaska 99801
Telephone: (907) 465-3071
POSITION STATEMENT: Explained CSSCR 14(FIN) and the proposed Rules
Committee substitute.
REPRESENTATIVE NORMAN ROKEBERG
Alaska State Legislature
Capitol Building, Room 24
Juneau, Alaska 99801
Telephone: (907) 465-4968
POSITION STATEMENT: Sponsor of HCR 9.
ACTION NARRATIVE
TAPE 98-7, SIDE A
Number 001
CHAIRMAN PETE KOTT reconvened the March 30, 1998, House Rules
Standing Committee meeting 5:10 p.m., for the purpose of
adjournment. He said, "We'll reconvene the House Rules Committee
from 3/30/98, that we went into recess at the call of the chair.
At this time we're going to adjourn that meeting. We're adjourning
the meeting that was carried over from 3/30 at 5:12 [p.m.]."
CHAIRMAN KOTT called the House Rules Committee meeting of April 7,
1998, to order at 5:13 [p.m.]. Members present were
Representatives Kott, Phillips, Porter, Williams, Elton and
Nicholia.
CSSB 259(TRA) AM - METROPOLITAN PLANNING AUTHORITY
Number 045
CHAIRMAN KOTT announced the first order of business would be CSSB
259(TRA) am, "An Act relating to the membership of a metropolitan
highway planning organization." He noted there is a proposed
committee substitute before the committee.
SENATOR DAVE DONLEY came before the committee to explain the bill.
He pointed out that the bill is a Senate Transportation Committee
bill and Senator Ward has asked him to speak on behalf of the
Anchorage Caucus as the bill is a caucus priority. Senator Donley
explained the legislation is the Anchorage Metropolitan Area
Transportation Study (AMATS) restructuring proposal to change the
composition of the AMATS Committee. He explained that the AMATS
Committee is the committee that is imposed on Anchorage by the
Intermodal Surface Transportation Efficiency Act (ISTEA) that sets
priorities for transportation projects in the Anchorage area.
Currently, the committee has five members which consists of the
mayor and two assembly members appointed by the mayor. Also, there
are two people who are appointed by the Governor, one from the
Department of Environmental Conservation (DEC) and one from the
Department of Transportation and Public Facilities (DOT/PF).
Senator Donley informed the committee that the version of the bill
that passed the Senate would reduce the appointees by the Governor
by one. It would add one House member and one Senate member to the
AMATS Committee. He pointed out that there was some concern
expressed by the members of the assembly and the Municipality of
Anchorage in that they wanted to maintain majority votes for the
city on the AMATS Committee. There was also the question of who
appoints the Anchorage members. Senator Donley said there has been
ongoing discussions with the assembly and they took a position
against the revision of AMATS Committee, but he believes that was
based on an earlier version of the bill. He said there are letters
from the federal government stating that they don't mind if
legislators were to be added to the committee.
Number 111
SENATOR DONLEY said, "We've prepared a CS for the committee to
consider because it just seemed to facilitate conversation with the
assembly and the municipal government, but if we had a proposal
before us rather than talking in abstracts -- the proposed CS would
change the membership so that there would be one from the governor,
one from the House, one from the Senate and there would be two
chosen by the assembly and two chosen by the mayor. So the city
would maintain four votes, the state would have three, but of those
three it'd be one from the House and one from the Senate. It also
resolves the question of who appoints the local members and making
it clear that two would chosen by the local assembly and two would
be chosen by the mayor of Anchorage for that." Senator Donley said
he hopes that would be acceptable to the municipal government and
it's a proposal that they want to work with and try to come up with
something that answers their concerns and still allows people to
participate in the process.
Number 132
SENATOR JERRY WARD came before the committee and stated he concurs
with the proposed CS and believes that Senator Donley has found a
workable solution to a perceived impasse.
CHAIRMAN KOTT asked how the municipality currently selects their
three members.
SENATOR DONLEY explained that the current selection is set out in
the compact - the agreement between the mayor and the governor. He
said, "In there, the mayor is allowed to choose the two assembly
members who are on there and also to choose somebody to represent
himself and uses the mayor. It's set out in that compact. It
actually says that one will be a commissioner from the Southcentral
Clean Air Authority, representing the Municipality of Anchorage,
nominated by the assembly and appointed by the mayor. In essence,
that has always been an assembly member is my understanding.
Although it is kind of convoluted, that is what it results in. The
other position is specifically designated as an Anchorage
assemblyman nominated by the assembly and appointed by the mayor,
and then the final municipal position is the municipal mayor. And
that's set out in an agreement between the mayor and the governor."
SENATOR DONLEY pointed out that there has been internal discussions
in the Anchorage government between the assembly and the mayor. He
said he believes that there was a proposed question to put before
the voters about whether the assembly should choose their own
members or whether it should be the mayor.
Number 176
REPRESENTATIVE BRIAN PORTER noted that he was appointed by the
mayor, as an assemblyman, to serve in the roll as the member that
was interested in the air quality issues. He noted that member may
only vote on air quality issues that come before the committee.
The other assembly member votes on all issues that come before the
committee.
SENATOR DONLEY explained that might have been revised under this
particular agreement. He said he isn't sure if that is still the
condition.
Number 192
REPRESENTATIVE GAIL PHILLIPS asked if AMATS is a municipal
organization.
SENATOR DONLEY explained that it is a federal mandate upon a
community in excess of 50,000, under ISTEA, that requires joint
state and local membership. It is not an exclusive municipal
organization. He said it is not a federal mandate. You have to
have a committee, but the federal government doesn't dictate who
the membership of the committee.
REPRESENTATIVE PHILLIPS asked Senator Donley if he was invited by
the Anchorage Assembly to become a participant in AMATS or is the
issue a legislatively driven issue.
SENATOR DONLEY responded that it is a legislatively driven issue.
The Anchorage Caucus held hearings last fall and adopted this as a
priority.
REPRESENTATIVE PHILLIPS asked for clarification on whether or not
the Anchorage Assembly is interested in having the legislature
involved. She referred to it being municipal organization and
asked why the state legislature would want to get involved.
Number 217
REPRESENTATIVE WARD explained the funding belongs to the people of
Alaska and it comes through the state legislature in order to
authorize the various programs. He said they want to make sure
that the collective balance is there.
Number 222
REPRESENTATIVE PHILLIPS said, "And why don't you do like the rest
of us and get rid of AMATS and just do -- all of the rest of us
live with the STIP (Statewide Transportation Improvement Plan) and
the ISTEA monies being directed by the Department of
Transportation. Everyone of us in the rest of the state, with the
exception of the city of Anchorage - Municipality of Anchorage --
the Municipality of Anchorage, because of federal law, has a
different way of handling things, but it did not include the
legislative body." Representative Phillips suggested petitioning
to change the federal law and the population issue. She said she
had thought Fairbanks was in the process of organizing FMATS also.
Representative Phillips said they would also like one on the Kenai
Peninsula and maybe there should be one in Southeast Alaska.
Representative Phillips stated that to her, AMATS has always been
a municipal organization and now the legislative entity is being
inserted into that. She said she would like to hear from the
assembly.
Number 243
SENATOR DONLEY said they have tried to work with the assembly. He
said he believes the biggest concern is that there are two
unelected members on the AMATS Committee and they are appointed by
the governor of the state. The elected representatives and the
people on the state level have no say in the prioritization process
that AMATS involves. He stated that unless the AMATS Committee
chooses to put things on the TIP (Transportation Improvement Plan),
we aren't allowed to use federal funds for them although the
legislature must approve those expenditures through the budget
process. Senator Donley stated, "So by not allowing legislators,
being legislators are the only elected officials not being
represented at the table in the planning process, and yet requiring
us to make a decision on whether or not to fund those specific
projects, which is necessary under the constitution to be in the
state budget, it puts us in a difficult position because we don't
get a say in how the planning process develops or the final list.
But then were presented with a 'take it or leave it proposition'
during the budget."
Number 260
REPRESENTATIVE PHILLIPS pointed out that none of the rest of the
elected officials anywhere in the state are part of that planning
process. She said, "We come in and approve the STIP and approve
the funding mechanism, but we're not involved in that so..."
SENATOR WARD said there are a lot of problems with that too.
REPRESENTATIVE PHILLIPS suggested solving that problem.
SENATOR WARD stated that in this particular case there is a funding
mechanism that will be taking away from the Eagle River Road and
giving it to trees. He said it is time that we, as elected
officials, step up to the plate and decide that these dollars
should no longer be just spent without a complete public process to
it, and that includes the elective body of the legislature other
than just a bunch of bureaucrats that like trees.
Number 278
REPRESENTATIVE BILL WILLIAMS said he would have to agree with
Representative Phillips as he is working hard to try to get
something on the STIP and he can't get it on the STIP as it is
being help up. It has been something that has been ongoing for the
last 20 years.
REPRESENTATIVE KIM ELTON said he would also have to agree with
Representative Phillips. He stated that he thinks that the beauty
of the AMATS process is that we're transferring decision-making
down to the local level, which is the level that he is most
comfortable with. Representative Elton said that there may be a
problem created under the federal codes that govern metropolitan
planning organizations. He read from information, "Redesignation
of a metropolitan planning organization in a multi-state
metropolitan area requires the approval of the governor of each
state and the local officials representing 75 percent of the
population of the entire metropolitan planning area, and the local
officials in the central city or cities must be among those
agreeing to the redesignation." Representative Elton said that
would seem to him to mandate the approval by the local officials.
He said he would assume that they mean the elected local officials
through the assembly.
SENATOR DONLEY said it is through the compact process of the
agreement between the governor and the mayor as to how that process
has been conducted over the past decade. Obviously, the
legislature sets the policy for the state. So if the legislature
adopted a statute that said, "This is how the governor shall
structure this," the governor would be obligated to structure it
that way. Senator Donley referred to the question of getting it
down to the local level and said currently there are two people who
are appointed by the governor that don't represent the local
government. He said he believes it is much more down to the local
level when you have the local elected officials participating in
addition to the assembly, the mayor and the local elected
legislators.
Number 336
MARK BEGICH, Assembly Chairman, Municipality of Anchorage,
testified via teleconference from Anchorage. He noted that in
front of the assembly, for action later in the evening, is a
resolution reemphasizing the assembly's opposition to SB 259. Mr.
Begich stated the official position of the assembly by resolution
is opposing the legislation. He said, "We do not support this bill
and we have not supported any new form. Now there are individual
members, if I recall that vote that night, it was 7 - 4 or 8 - 3,
so its 8 for the resolution, 3 against. So it was a super majority
of the assembly opposing the bill." Mr. Begich informed the
committee that he received a memorandum from the Senate
Transportation Committee and the proposed Rules Committee work
draft. He stated the assembly has taken the position in opposition
to the bill. It is viewed that it diminishes the authority of
local government, specifically the assembly. He noted the
additional resolution that will come before the assembly later in
the evening is in response to the Rules Committee work draft.
Number 379
CHARLES WOHLFORTH, Assembly Member, Municipality of Anchorage,
testified via teleconference from Anchorage. He noted he
represents the downtown district in Anchorage and has been a member
of the AMATS Committee for three and a half years. He said
recently he sponsored a collection of ordinances and resolutions to
change the way the assembly interacts with AMATS. Among those were
ordinances indicating changes they wanted in the operating
agreement, which is the agreement between the state and the
municipality which sets up the AMATS structure and how it works.
Mr. Wohlforth explained a new operating agreement has been in draft
for some time and it is about to be finalized. It includes the
changes that they made in cooperation with the state
Administration. He referred to the new set up they created through
their ordinances and a charter amendment, which will be before the
voters on April 21, and said it provides that the assembly will be
appointing its own representatives to AMATS. The reason for that
was a sense that they should be able to have direct accountability
for those members serving on the committee. Mr. Wohlforth stated
that previously the assembly had recommended members and then the
mayor had appointed them. He said they have eliminated the
Southcentral Clean Air Commission component. The voting of the
members, since 1993, has been full voting privileges for all five
members of the Policy Committee. The system of some members having
the ability to vote on some issues and other not was done away with
in 1993.
MR. WOHLFORTH referred to clarifying the statement that the funding
from AMATS comes from the state and said the funding comes from
federal gas taxes which are passed from the state to the local
government, on the 90/10 match, on facilities that are owned by the
municipality. The municipality funds a 10 percent match and on
state-owned facilities the state funds a 10 percent match. The
money is actually federal money and is given to us according to the
mandates of the federal government. He explained he believes that
Anchorage currently receives about 18 percent of the federal
highway funding coming to Alaska as they have roughly 40 percent of
the population.
MR. WOHLFORTH informed the committee members that the AMATS
agreement is required, by federal law, to be cooperative between
the state and the municipality. He said that when he was working
on his efforts to reform and change the AMATS structure, he went
through several years of negotiation on working out each detail
between the mayor, the assembly and the state DOT/PF to make sure
that each element was agreed to by all sides. Mr. Wohlforth stated
his understanding of the law is that if the process is not
cooperative, then that becomes a problem with the federal
government and it is not something that one side or the other can
simply mandate how it's going to work. He noted that is one of his
main concerns with the bill being considered. Essentially, the
change would be mandated over the objections of the municipality.
He said he thinks that would require us either just simply
acquiesce or the system would then not be cooperative and then
there would be a problem with the federal funding. Mr. Wohlforth
noted that there has been quite a bit of work done between the
mayor and the assembly. Some of the changes they asked for were
controversial because of the fact that it has been a real balancing
act - a balance of powers on the committee with two assembly
appointed members, one who is the mayor and then the two state
members. If the formula is changed so that the mayor appoints two
members and the assembly appoints two members, then obviously the
assembly has less influence in the process comparative to the
mayor, and then if another state member is added, then he would
have even less authority compared to the state. He said currently
they have two of five and they would need only one more to have a
majority and then under the new system they would be two of seven.
Mr. Wohlforth said, "Since we're the body that approves the
comprehensive plan, does the road bonds and deals with these issues
on a daily basis, that to me doesn't seem like a wise or fair way
to go about it. So I would recommend taking a real close look at
this and be very careful in trying to go forward and maintain a
cooperative aspect of the system."
Number 454
BOB BELL, Assembly Member, Municipality of Anchorage, was next to
testify via teleconference from Anchorage. He explained, "First of
all under the STIP, the state actually gets first bite to this
federal funding apple. Then the money is moved to Anchorage, at
least our portion of it and you actually get -- and we decide which
way these projects are going to go. And then, again, the state
gets the last bite because the state is the one that funds the
project or authorizes funding for the project afterwards - gets
part of the state budget. I think that's the way I understand the
process. So our legislators are actually getting two bites of this
apple and we get one. We deal with the comp plan, the official
streets and highways plan, the trails plan, our capital improvement
budget, our bonds, all of those things that all tie into the road
system in Anchorage. And the legislators pretty much don't deal
with those issues and that is one of the concerns I have of having
legislators on this committee."
MR. BELL stated that the effect of a trails plan on Girdwood, in
particular, is traumatic. It is probably even more traumatic for
Girdwood than most other parts of Anchorage. Mr. Bell referred to
the 'Three Rules of the North' and said the second rule is, "If it
works, don't fix it." He informed the committee members that he
believes the current AMATS Committee works just fine. He said he
doesn't know if there has been any complaints about the committee,
but there have been complaints about the process and the process
the committee has to go through. That process is imposed by the
federal government and he doesn't think it can be changed. Mr.
Bell said, "I say we should abide by the second rule of the North
and go with if it works, don't fix it."
GEORGE WUERCH, Assembly Member, Municipality of Anchorage,
testified via teleconference from Anchorage. He said he supports
the legislation because he believes it fixes one of the major flaws
in the system. He stated, "These are supposed to be metropolitan
highway planning organizations. Unfortunately, under current AMATS
structure two of the five members are frequently not residents or
are not familiar with the metropolitan area of Anchorage. They are
either commissioner appointees of the governor from the Department
of Transportation and Public Facilities or the Department of
Environmental Conservation. This proposed bill fixes that by
requiring the two state members to be elected from a district that
includes all or part of the metropolitan area. So that's point
one, it clearly provides representation by residence. Point two,
of course, is that by doing so we also shift the decision-making to
elected officials and I think it's hard to argue against a process
that puts the decisions (indisc.) of the people's representatives.
So I would speak in favor of the change."
Number 513
PAT ABNEY, Assembly Member, Municipality of Anchorage, testified
via teleconference from Anchorage, against the proposed Rules
Committee substitute for SB 259. She stated that she thinks it is
important to have a representative from the Department of
Environmental Conservation because of the concerns relating to air
quality in Anchorage. Ms. Abney said she believes it is also
important to have somebody from the DOT/PF because those are the
people that they will have to work with as there are many state
roads in Anchorage. She said, "We are the elected officials for
the Municipality of Anchorage to deal with those issues that come
before us and certainly transportation is one of those."
Number 526
DAN KENDALL, Assembly Member, Municipality of Anchorage, was next
to testify via teleconference from Anchorage, in support of SB 259.
He stated that he believes that added elected officials at the
state level will increase the communication between the city and
the legislature on transportation needs for the city. He noted he
represents the Chugiak/Eagle River area and they certainly have a
great need, as they grow out there, to have a better response to
their transportation.
Number 535
TED CARLSON, Assembly Member, Municipality of Anchorage, testified
via teleconference from Anchorage. He stated, "What I wanted to
state first is that I do support the amendment that is being talked
about right now. And I do want to let you know I do support that
amendment, but that's not to say I support the bill as a whole, but
I do support the amendment. But one question I had, Representative
Kott, and that is under Section 1 and Section 2 where you state
that one Senator and one Representative -- as you are well aware
Representative Halford's area and also -- Senator Halford and
Representative Kohring's area, the majority of their area is in the
Mat-Su Borough and a small portion is within the Anchorage Borough.
How will this be affected if one of them two were appointed to this
committee? I think it would be very difficult for them to
participate. Is there any way that language can be done at - put
in differently so that the representative would have to be from the
area as a whole?"
Number 553
CHAIRMAN KOTT informed Mr. Carlson that the way he reads the bill
is the Senate or the House member, if they are partially within the
metropolitan area, would be eligible to serve as the member. He
asked if that is the intent of the sponsor.
SENATOR DONLEY responded that is the way the Senate passed the
legislation. He said if that was a particular item that could make
everything work, it would be easy to take "partially" out so that
it would be clear that those members that don't have a full
representation within the AMATS area wouldn't be eligible. Senator
Donley stated that he believes that it is highly unlikely that
Representative Kohring, although he participates in meetings, only
25 percent of his district is in Anchorage. It is really unlikely
that the caucus would choose Representative Kohring unless he had
a special interest in it. He stated if the committee wanted to,
they could remove the "partially" language.
MR. CARLSON said one of the reasons stated for this was that the
individual representative was elected by a majority of the body, so
he would have a vested interest. However, if only 25 percent of
your constituents live in that area, he wouldn't really have a real
vested interest because 75 percent would be elsewhere.
SENATOR DONLEY said he wouldn't object to making it clear that the
member on the AMATS Committee from the legislature would have to
fully represent Anchorage.
Number 574
CHAIRMAN KOTT asked Mr. Carlson if he understands him correctly in
suggesting that with that amendment he would support the bill.
MR. CARLSON responded that he hasn't made up his mind on that yet.
He stated that he does support the amendment, but that's not say he
supports the whole bill at this time.
Number 584
MR. BEGICH interjected, "We do have after the testimony tonight and
once we're back to our business within probably a half hour of off
line, we will have a resolution in front of us to decide our
position or reemphasize our position or not reemphasize our
position depending on how the body votes. And that's why this
testimony or discussion with you tonight is critical timing because
if later, in the next half hour - 45 minutes, the assembly votes on
this resolution - supporting this resolution - that will indicate
even after this understanding of the bill and this other
discussion, we will still oppose it. If the assembly turns it
down, then it is a potential indication that we (indisc.)
supporting the Senate bill. So you know that's kind of the process
were in tonight."
MR. CARLSON indicated he would call Senator Donley when the
assembly votes on the resolution.
Number 607
JOE MURDY, Assembly Member, Municipality of Anchorage, was the next
person to testify via teleconference from Anchorage. He stated he
takes the same position as Mr. Wuerch. He said he doesn't see any
problem with the legislators being involved in the process. They
are the ones that approve the funding. Mr. Murdy said he is
comfortable as long as there are assembly members appointed that
have a say as to what happens in Anchorage. The only thing he
wouldn't like is to have a Senator or Representative that doesn't
live in the Anchorage area sitting on that committee.
Number 618
CHERYL CLEMENTSON, Assembly Member, Municipality of Anchorage,
testified via teleconference from Anchorage. She informed the
committee members she is the assembly's representative to AMATS and
has been since January, 1997. She said she would like to reiterate
that the United States Code calls for an agreement among the
governor and the units of general purpose local government. It is
a local planning organization and when we do not go about it in a
cooperative effort, it does put our ability to receive federal
funds at risk. Ms. Clementson informed the committee that over the
weekend she asked Senator Donley what problem the bill would fix.
She said she can't understand why all of a sudden the AMATS process
needed to be changed. The response was that Anchorage wasn't
getting its fair share of monies. Ms. Clementson said she wants to
make sure the committee understands that the AMATS Committee has no
way to determine how much money we get to spend. They only get to
determine what the allocation process is and that the legislature
itself has the ability to determine how much money comes to
Anchorage or to any other area. She said if that is problem that
is being fixed, the bill is not the way to do it. Anchorage has
not asked for this help, the Office of the Governor has not asked
for this help, the community councils have not asked for this help.
She said as much as she appreciates the input, she doesn't think it
is proper as she believes it seeks to dilute local control of this
issue. She said if legislators would like to influence the
priority listings, they have an ability to do that.
MS. CLEMENTSON said, "I could cite a recent change that was made at
Senator Donley's request and at his basic lobbying efforts to get
a great separated interchange moved up on the list. It was an
interchange at the intersection of Minnesota and International
Airport Road. He used the process and it worked. He's also sent
us a letter on the TIP that we're about to take action on tonight.
That's a project ranking and once we received that letter, it was
raised at the last meeting that we need to look into that and see
if we can't readjust that project because he had some valid points
and that's going through the process as well. The AMATS process is
not something happened over night. It takes an incredible amount
of public input. The person that we have on staff for that spends
110 percent of his time trying to get public input, trying to
answer questions and trying to make sure that there is a well
defined process for coming up (indisc.), listings for projects."
MS. CLEMENTSON referred to Senator Ward's comment regarding the
Eagle River Road project being taken off the list for trees. She
said she believes he was referring to a Voice of the Times
editorial that was printed several months ago when the assembly was
discussing what funding scenarios for enhancements they would have.
(Indisc.) if they were to increase the enhancement scenario to 15
percent and left the priority rankings the way they were, it would
have displaced an Eagle River project, but that was like taking a
bite out of the apple. It wasn't looking at the whole picture.
Ms. Clementson said what the assembly members will have before them
later in the evening is the entire picture. She informed the
committee that the process that Mr. Wohlforth referred to is now
one that brings the whole listing and priority ranking of projects
before the assembly. When the AMATS Committee meets the following
Thursday, she as the representative of the assembly is required to
vote the way that the assembly votes regardless of what her
individual opinion is. She said she believes that is a valid
process because she is representing the vote of the majority in the
assembly. Ms. Clementson said that if the legislature has concerns
with the way money is being spent, perhaps they could come up with
a similar process to what Mr. Wohlforth came up with in requesting
a look at that list and getting some input, and maybe even giving
some direction to the governor on it. To take two members of a
different governing body who are not currently in the loop and
insert them in, she fears it would make the process a little bit
more political.
MS. CLEMENTSON pointed out that in addition, Anchorage is in the
process as being designed as a serious non-attainment area for
carbon monoxide. It is a fairly new and serious thing. She
indicated that the fact that there is a person from the Department
of Environmental Conservation sitting on the policy committee is
something that is used favorably at the EPA. They take it that we
are treating this non-attainment issue as a very serious issue.
She stated that they do work cooperatively, it is a very
cooperative process and it is not one that needs to be fixed. She
stated that she appreciates the offer to fix it, but it isn't
broken. Ms. Clementson said the municipal attorney was asked to
look at the issue because they are very concerned about erosion of
local control. She asked Mary Hughes to address the issue.
Number 677
MARY HUGHES, Attorney, Municipality of Anchorage, addressed the
committee via teleconference from Anchorage. She said, "In
situations like this, particularly dealing with state law, our
office defers to the attorney general and I will do that in this
situation. However, Mr. Bill Green of our office has worked many
hours with Mr. Wohlforth in the codification of changes to our MPO
and because of that is very, very familiar with the United States
Code provisions. It is our opinion, and we will provide a written
opinion later this week to the assembly, that the committee
substitute for Senate Bill 259, which we had before us and that is
not as I understand what is now before this committee, does not
fulfill the purpose as cited in the United States Code with respect
to the agreement. And it's been indicated prior in this context,
the agreement between the governor and the units of general purpose
local government. We are further concerned, and again I would
defer to the attorney general, that because of the narrow
applicability and the specific effect on Anchorage, there could be
a constitutional problem with the Senate bill since it is so
special and local and, therefore, may violate Article II, Section
19 of the Alaska Constitution."
TAPE 97-7, SIDE B
Number 001
MS. CLEMENTSON indicated that she had a comment following up on Mr.
Carlson's concerns. She said she hopes the legislature is aware
that there is a difference between the area that comprises the
AMATS area and Anchorage per se. They do not have the same
boundaries, so it is a little bit more complex than what the
committee may understand it to be.
BARBARA WYNEK, Vice President, Rabbit Creek Community Council;
Secretary, Federation of Community Councils, was next to testify
via teleconference from Anchorage. She said she has been very
concerned about the AMATS process for a number of years, since
about 1991. Ms. Wynek informed the committee that since 1993, she
has attended almost every AMATS policy and (indisc.--coughing)
meeting. She said she doesn't think there is a problem and she
doesn't think the process is broken, but she believes it could be
broken by passing the legislation. Often the meetings are called
and there are certain deadlines that need to be met. She stated
getting quorum is very important. To have two members fly in
Juneau would be a problem. Ms. Wynek informed the committee
members that she happens to be one of three citizens that ranked
the projects for the TIP. She pointed out there are 13 to 17
different sets of criteria for each of the projects. This means
you need to know a lot of very diversified knowledge and what's
been going on. She said you also need to know what is important
throughout the community and not just in your local area. She
pointed out she lives at Rabbit Creek and said she knew Eagle River
had some serious problems. Ms. Wynek explained what she did see in
the Eagle River area which she didn't see in the Anchorage area, in
the ranking of projects was the fact that the assembly people and
the legislators got together and wrote letters that were in favor
of the various projects. By sponsoring these projects, they
actually won them points and moved them up on the TIP. She stated
that she doesn't believe that by passing the legislation is the way
to solve a problem because she does not think there is a problem.
The public has many opportunities to weigh in on this. There will
be a meeting later in the evening and there will be another meeting
of the AMATS Committee.
MS. WYNEK stated, "The national highway system is on the STIP. All
the roads that are in the Anchorage area that are on the STIP have
very little local control of which project gets ranked in what
manner. Yes, Senator Donley did move something up on the STIP, but
why aren't there more funds in the Anchorage area that fall in the
national highway system? Some of the problems that you keep
bringing up, like Tudor and Lake Otis, that's a national highway
not a non-national highway, not a process that would be funded
through the AMATS, but through the STIP. The Seward Highway is a
STIP project, the Glenn Highway is STIP project, 'L' Street is a
STIP project and Minnesota, International Airport Road is a STIP
project, not a TIP - a STIP. What you need to do is look into that
money and see why Anchorage gets so little of that part of the pot.
Leave AMATS alone. Thank you."
Number 141
KATHLEEN PLUNKETT testified via teleconference from Anchorage. She
noted she is testifying on behalf of herself in opposition to the
legislation. She informed the committee members she is very
involved in the Anchorage community. She is involved as the chair
of the Federation of Community Councils and she is also the
president of the Russian Jack Community Council. Ms. Plunkett
noted neither organization has taken a position other than being
involved in the process.
MS. PLUNKETT informed the committee members that she has been
involved in the AMATS process for the last several years, and this
last year she was involved in the ranking process for the
enhancements like Ms. Wynek was. She stated that the ranking
process works very efficiently. Legislative input, as well as
community input, was important and was taken into account during
the process. Ms. Plunkett referred to the Eagle River delegation
and said both legislators and assembly members worked very well
together to increase priority for some of their roads. They were
the only ones that really did that effectively. Ms. Plunkett
stated she feels that the AMATS process is best left with the
Anchorage community just like all of our other planning documents
and commissions as well as bonds that are approved. It is
important to keep local control for AMATS in Anchorage.
Number 176
SENATOR DONLEY said he agrees with some of the comments about
trying to work with the mayor and governor to modify the compact.
In fact, on December 8, 1997, he wrote to the executive branches
and asked to work with them on that. The Governor didn't respond
until March 17, 1998, over three months and one week after he wrote
his letter saying that the Anchorage Caucus has adopted this as a
priority - asking for them work with us on that. He said the
legislation was introduced because the executive branch wouldn't
respond when he wrote them to ask them work with him on this. The
initial hope was to work with the Governor on this, but it was two
months into session before a response was received.
Number 196
REPRESENTATIVE PORTER suggested that the committee adopt the
proposed Rules Committee substitute. After it is adopted, he said
he would move to amend it to take out the "partially or" language
that seems to be a problem. He said, "After having done that, I
think then the assembly would have the document in front of them,
having been adopted by us, to vote on and I would ask that we defer
our action until that vote occurs with the amount of folks missing
and looking at how the 'yes and nos' came out. We really don't
know what their vote would be. If their vote is 'no,' I have a
concern, as has been expressed, about whether or not we are putting
in jeopardy the clause that requires a cooperative agreement. And
if that is the case, I think we should certainly know that before
we step in."
Number 215
REPRESENTATIVE PORTER moved that the committee adopt the committee
substitute for SB 259, Version Q, dated 4/4/98. There being no
objection, Version Q was before the committee.
REPRESENTATIVE PORTER moved to remove the words "partially or" on
page 2, line 3, and on page 2, line 10.
REPRESENTATIVE PHILLIPS said, "That should be amended to line 5 and
line 11 also."
REPRESENTATIVE PORTER indicated that is correct.
CHAIRMAN KOTT asked if there was an objection to Amendment 1.
Number 233
REPRESENTATIVE ELTON indicated he had a comment. He said the
amendment would remove some people within a municipality from
having their legislators serve on....
CHAIRMAN KOTT said with the Municipality of Anchorage if you do not
have a full vote on the Anchorage Caucus, you are excluded from
being a member. There being no objection, Amendment 1 was adopted.
REPRESENTATIVE PHILLIPS said she would agree with Representative
Porter that it would be wise to wait to see what action is taken by
the assembly to see where they stand on bill. She said her count
shows six members opposed to the bill and three members support it.
Representative Phillips stated she doesn't know if that would be
the same vote on the new version, but they have sent a strong
message and she doesn't have a problem waiting for their official
action.
CHAIRMAN KOTT said he agrees with Representative Porter. He said
there may be some legal problems that should be addressed.
Chairman Kott said he doesn't believe the committee should take any
action until the resolution is received from the assembly
indicating their position Version Q of SB 259. Chair Kott
indicated that the bill would be held.
Number 305
SENATOR DONLEY said, "If Mary Hughes is still there, just kind of
a legal technical point. In Honolulu, their AMATS is created by a
Hawaiian statute, it's a state law sets up the membership of their
AMATS and it's specifically for the Oahu AMATS. And so this one is
even more general than the Hawaiian law. And you know our [Alaska]
Constitution is based on Hawaii Constitution - they were created
the same time basically. And this one doesn't name Anchorage, it
just deals with population over certain levels. So I don't think
we've got a constitutional question there."
CHAIRMAN KOTT indicated that the proposed committee substitute for
SB 259 would be held to await the vote regarding the assembly's
resolution.
CSSCR 14(FIN) - PARITY FOR MENTAL HEALTH TASK FORCE
Number 338
CHAIRMAN KOTT announced the committee would hear CSSCR 14(FIN),
"Establishing the Alaska Task Force on Parity for Mental Health,"
sponsored by the Senate Health, Education and Social Services
Committee. He noted there is a proposed CS, Version Q. He
referred to page 2, line 30, and said it changes the members from
two to one member representing the Alaska Mental Health Board. On
page 3, line 1, a new "(5)" has been inserted. He read, "one
member representing the state Advisory Board on Alcoholism and Drug
Abuse appointed by the Advisory Board on Alcoholism and Drug
Abuse;".
Number 349
WALTER MAJOROS, Executive Director, Alaska Mental Health Board,
came before the committee to testify. He informed the committee
that it was his organization and about 13 other consumer, provider
and state organizations that initially brought forth the
legislation. He stated the resolution establishes a task force to
study the issue of parity in health insurance practices for mental
health versus physical health. Mr. Majoros said the sad reality is
that nine out of ten insurance policies, nationally, treat mental
health differently than physical health in insurance practices and
policies. He stated that this usually means less coverage and
often no coverage at all for mental illnesses. The resolution
establishes a task force that has representation of the
legislature, in terms of minority and majority members from the
House and Senate. It includes insurance representatives,
representatives from the state, consumers and providers. They
would look at the issue. He noted that there is also passed
federal legislation to look at the impact of the federal
legislation in ways it can be enhanced at the state level. Forty-
five states, nationally, have either put parity legislation on or
are considering state legislation at this time. He informed the
committee that the resolution passed the Senate unanimously.
MR. MAJOROS explained the one area of debate at the Senate level
had to do with the issue of substance abuse and whether it should
be included as part of the scope and whether there should be
representatives from the substance abuse field and consumers that
should be on the task force. He said it was the feeling of the
Senate Health, Education and Social Services Committee (HESS) that
substance abuse should be removed from the slate. He said what
they have done since that time is achieved a compromise position of
having a single member on the task force that would be appointed by
the Governor's Advisory Board on Alcoholism and Drug Abuse. It
would take away a position from the Alaska Mental Health Board. He
said that he has discussed that with Senators Wilken and Green, who
were the two people that initially didn't want substance abuse
included. He said he has gotten their verbal concurrence. Mr.
Majoros said he feels everybody is pretty much satisfied with the
current version of the bill.
Number 392
REPRESENTATIVE ELTON made a motion to adopt HCSCSSCR 14(RLS),
Version Q. There being no objection, HCSCSSCR 14(RLS) was adopted.
REPRESENTATIVE ELTON made a motion to move HCSCSSCR 14(RLS) out of
committee with the attached zero fiscal note. There being no
objection, HCSCSSCR 14(RLS) moved forward.
HCR 9 - AMEND UN RLS: COMMITTEE ACTION ON BILLS
Number 400
CHAIRMAN KOTT announced the next order of business would be HCR 9,
"Proposing amendments to the Uniform Rules of the Alaska State
Legislature relating to committee meetings; and providing for an
effective date," sponsored by Representative Rokeberg.
Number 408
REPRESENTATIVE NORMAN ROKEBERG came before the committee to explain
HCR 9. He stated that before the committee is CSHCR 9(FIN). He
said the reason the bill is before the House Rules Committee is it
is a rule change. He said that the Finance Committee version
provides that a member who votes on a report via teleconference may
direct the chairman to note the vote, record it as a vote on the
committee report to move the bill out of committee. Representative
Rokeberg said he would be happy to answer any questions the
committee may have.
REPRESENTATIVE ROKEBERG informed the committee that a section was
removed in the House Finance Committee relating to interim
committee activities.
Number 441
REPRESENTATIVE WILLIAMS said, "Right now, unless everything changes
dramatically, and I can see maybe it could change dramatically is
that we could hold committee meetings via teleconference, move
bills out and maybe come to the capitol once a week - once every
two weeks maybe, and pass a bunch of bills out for this and not
have to be here in Juneau all the time. What would be wrong with
that? Or is that your intent?"
REPRESENTATIVE ROKEBERG stated that is not his intent. He said his
intent to speed up the passage of legislation, to accommodate the
conduct of committee business and make sure that a member that
couldn't physically be present could participate in the full
spectrum of committee activities. For example, three and a half
years ago when the final vote was taken after 16 hours of committee
testimony on HB 207, which was a major bill before the House
Special Committee on Oil and Gas, the committee in its vote to move
the bill out of committee had on teleconference one of the members
of the committee, Representative Bettye Davis. Representative
Davis had followed the testimony on the bill and was very
interested and supportive of the bill. He said, "As the chair in
my rookie year in this body, allowed Representative Davis to vote
and my committee secretary, Mrs. Armstrong is in the room tonight,
signed her name on the bill file. And as the bill was read across
the floor the next day, Mrs. Armstrong was chided rather strongly
by the Clerk of the House as the (indisc.) in the rule. So she did
a 'no no.' But the point in fact, Mr. Chairman, Representative
Davis being a full member of the committee and is very active in
the bill and the proceedings over a course of several weeks was
most anxious to show her support for that legislation, which was a
major piece of legislation. And I thought deservedly so, should
have had the right to have her vote in the positive, or whatever,
being shown as a matter of public record. In addition, Mr.
Chairman, there was an instance I believe last year whereas I, as
the chairman of the Labor and Commerce Committee, happened to be in
Anchorage because of the nature of a major piece of legislation
before that committee, I was sitting in the LIO (Legislative
Information Office) basically conducting a meeting where I had as
many 35 to 40 witnesses and on teleconference was the bulk of my
committee sitting in the dungeon of the ground floor of this
building, in which Representative Cowdery is the vice chairman, was
conducting a meeting on a formal basis. And I was on
teleconference fundamentally conducting the meeting with the
witnesses, but the rest of the committee was down here. But had we
taken action on the bill in spite of the fact that I was face to
face with some 35 or 40 witnesses, I would not have been able to
vote on that particular activity. So those are two instances where
I can point that this would be a positive thing. Also, in
addition, if a member is ill or inconvenienced or, for example, I
recall when a committee on Community and Regional Affairs, just
during this particular session, traveled to Southwestern Alaska to
look at the economic devastation of the poor fishing season. There
were a number of members of that committee on that trip, I believe
whether or not there were any members remaining here, if they
wanted to conduct any business they could have by teleconference.
Mr. Chairman, this is the age of the super cyberspace and the
Internet and all those things that revolve around the incredible
telecommunications explosion we're having. And I would suggest
that we will have electronic and full video capabilities within a
very short period of time. So I think the legislature needs to be
prepared to move into the twenty-first century and conduct it's
business as expeditiously and efficient and with the full
participation of all members."
Number 508
REPRESENTATIVE PORTER said he can appreciate the comments made by
Representative Williams. He said at first, he thought this would
be a dilution of the committee process, but after having thought
about it, especially being the one that approves absences, there
wouldn't be any more absences than there currently are because that
process still would be in place and absences would be approved or
not approved based on the policy of the caucus. Representative
Porter said, "The frequent thing that occurs in this state at least
is that we have had myriad opportunities for folks temporarily
detained in Sitka to participate in committees, at one point last
year I think it was two days. They finally chartered a boat to go
back, but we missed an awful lot of productive time because a whole
lot of members were stuck. Individual situations will come up
where this would be appropriate." He said if there is a state that
should have this kind of a policy, Alaska is it and he would
certainly support it.
Number 528
REPRESENTATIVE ELTON said most of the time the conflicts that
legislators have that may keep them from a committee meeting is
because they are double booked. He said he isn't sure that the
resolution doesn't encourage bad behavior. Representative Elton
stated he is somewhat concerned. One of the things that keeps the
body together as a group is that legislators can't leave town for
whatever reason and then participate over the telephone. He
pointed out that he understands the problem where a legislator has
been closely involved with an issue up through the point of time
where there is a vote to move it out of committee. He said that is
one opportunity lost, but the major opportunity to participate in
a decision is when the bill goes to the floor. There is the chance
to express interest and vote on it at that time. Representative
Elton referred to a situation in the House Judiciary Committee
where Chairman Green was sick and said under the language in the
bill, the chair may be able to participate via teleconference, but
he wouldn't be in attendance to sign the name for the absent
person. He asked if "Chair" actually means the person who is
chairing the meeting or if it means "Representative Green." He
said this could be a problem that may need to be fixed by adding
additional language.
Number 565
REPRESENTATIVE PHILLIPS said she believes the legislation has good
intentions, but she believes it could have major unintended
negative impacts on floor sessions. She said it could make it
virtually impossible to conduct business on the floor on Mondays
and Fridays. She said she thinks it could have a very negative
impact on impeding the process of moving legislation that requires
more than a simple majority vote. As good as this sounds, she
thinks it will just make Monday and Friday sessions almost
impossible. Representative Phillips said she won't support the
legislation because of that.
Number 580
CHAIRMAN KOTT said, "What I like about this idea is the fact that
I now can serve on State Affairs and not have to worry about
getting in here by 8:00. I can watch Gavel to Gavel because
they're pretty good about showing State Affairs. I can watch it
from home and then when the vote is ready to be taken, I can just
call in."
REPRESENTATIVE PHILLIPS asked what would happen if all committee
members stayed home instead of attending an 8:00 a.m. committee
meeting.
CHAIRMAN KOTT stated that another problem could be public
perception. He said there are literally hundreds of people who
come to Juneau to testify before a committee and it really wouldn't
set very well if a witness sits before a committee and there is
only one person there.
REPRESENTATIVE PORTER said perhaps there is a way to finesse this
to accommodate that. He said if this process were allowed in
limited circumstances like during a prearranged excused absence or
a weather delay in returning a prearranged excused absence, it
would eliminate not going to the 8:00 a.m. meeting. It would
eliminate, "I missed the plane so I didn't come back on Monday or
whatever." He said, "We do absolutely control excused absences and
it's just in that circumstance that I see this as potentially
helpful."
Number 613
REPRESENTATIVE ELTON questioned that under the proposed resolution,
would a member who participates via teleconference constitute a
member for the purpose of a quorum of a committee.
REPRESENTATIVE PORTER said it is understanding of the rules that
they can constitute a quorum and can vote on amendments via
teleconference. The only thing they cannot do is vote to move a
bill out of committee via teleconference.
REPRESENTATIVE WILLIAMS said he thinks there could be abuse and he
doesn't support the bill. He said he would vote to move the bill
out of committee, but he won't support it on the House floor.
CHAIRMAN KOTT noted it takes a majority vote of the body to change
a rule, 27 members. He said it would probably be very difficult
and that is why there is very seldom any rule changes.
REPRESENTATIVE PORTER suggested holding the legislation. He said
Representative Rokeberg and Chairman Kott may want work on the
bill.
CHAIRMAN KOTT indicated HCR 9 would be held. He suggested that
Representative Rokeberg work with him. He noted that
Representative Elton had a good point in reference to chairman.
Maybe something could be added that would only give those people on
excused absence status the privilege to participate via
teleconference.
SB 209 - TASK FORCE ON PRIVATIZATION
CHAIRMAN KOTT noted he would like to hold over his notice of
reconsideration on SB 209.
ADJOURNMENT
Number 663
CHAIRMAN KOTT adjourned the House Rules Committee meeting.
| Document Name | Date/Time | Subjects |
|---|