Legislature(2017 - 2018)GRUENBERG 120

03/02/2017 03:00 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 44 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Heard & Held
+= HCR 1 AMEND UNIFORM RULES: ABSTAIN FROM VOTING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 97 REPEAL AK FIRE STANDS. COUNCIL TAX CREDIT TELECONFERENCED
Moved CSHB 97(STA) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 2, 2017                                                                                          
                           3:09 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chris Tuck                                                                                                       
Representative Adam Wool                                                                                                        
Representative Chris Birch                                                                                                      
Representative DeLena Johnson                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Gary Knopp                                                                                                       
Representative Andy Josephson (alternate)                                                                                       
Representative Chuck Kopp (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 97                                                                                                               
"An  Act repealing  the insurance  tax  credit for  gifts to  the                                                               
Alaska  fire standards  council; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 97(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 44                                                                                        
"An  Act  requiring  a  legislator  to  abstain  from  taking  or                                                               
withholding official  action or exerting official  influence that                                                               
could  benefit or  harm  an immediate  family  member or  certain                                                               
employers; requiring a  legislator to request to  be excused from                                                               
voting in an  instance where the legislator may  have a financial                                                               
conflict of interest; and providing for an effective date."                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 1                                                                                               
Proposing an amendment  to the Uniform Rules of  the Alaska State                                                               
Legislature relating to voting and abstention from voting.                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 97                                                                                                                   
SHORT TITLE: REPEAL AK FIRE STANDS. COUNCIL TAX CREDIT                                                                          
SPONSOR(s): REPRESENTATIVE(s) THOMPSON                                                                                          
                                                                                                                                
02/01/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/17       (H)       STA, FIN                                                                                               
02/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/28/17       (H)       Heard & Held                                                                                           
02/28/17       (H)       MINUTE(STA)                                                                                            
03/02/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 44                                                                                                                   
SHORT TITLE: LEGISLATIVE ETHICS: VOTING & CONFLICTS                                                                             
SPONSOR(s): REPRESENTATIVE(s) GRENN                                                                                             
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/13/17                                                                               
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       JUD, FIN                                                                                               
01/23/17       (H)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
01/23/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/17       (H)       JUD, FIN                                                                                               
01/25/17       (H)       STA REPLACES FIN REFERRAL                                                                              
01/25/17       (H)       BILL REPRINTED 1/25/17                                                                                 
01/25/17       (H)       JUD WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23 FOR SSHB 44                                                                                         
01/25/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/25/17       (H)       -- Meeting Postponed to 1/27/17 --                                                                     
01/27/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/27/17       (H)       -- Meeting Rescheduled from 1/25/17 --                                                                 
01/30/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
01/30/17       (H)       Heard & Held                                                                                           
01/30/17       (H)       MINUTE(JUD)                                                                                            
02/03/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/03/17       (H)       Moved CSSSHB 44(JUD) Out of Committee                                                                  
02/03/17       (H)       MINUTE(JUD)                                                                                            
02/08/17       (H)       JUD RPT CS(JUD) 1DP 3DNP 3AM                                                                           
02/08/17       (H)       DP: LEDOUX                                                                                             
02/08/17       (H)       DNP: KOPP, EASTMAN, REINBOLD                                                                           
02/08/17       (H)       AM: KREISS-TOMKINS, FANSLER, CLAMAN                                                                    
02/18/17       (H)       STA AT 11:00 AM GRUENBERG 120                                                                          
02/18/17       (H)       Heard & Held                                                                                           
02/18/17       (H)       MINUTE(STA)                                                                                            
02/21/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
02/21/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
03/02/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HCR 1                                                                                                                   
SHORT TITLE: AMEND UNIFORM RULES: ABSTAIN FROM VOTING                                                                           
SPONSOR(s): REPRESENTATIVE(s) GRENN                                                                                             
                                                                                                                                
01/20/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/20/17       (H)       STA, JUD                                                                                               
01/20/17       (H)       JUD REFERRAL REMOVED                                                                                   
01/20/17       (H)       JUD REFERRAL ADDED BEFORE STA                                                                          
01/25/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/25/17       (H)       -- Meeting Postponed to 1/27/17 --                                                                     
01/27/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/27/17       (H)       -- Meeting Rescheduled from 1/25/17 --                                                                 
01/30/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
01/30/17       (H)       Heard & Held                                                                                           
01/30/17       (H)       MINUTE(JUD)                                                                                            
02/03/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/03/17       (H)       Moved HCR 1 Out of Committee                                                                           
02/03/17       (H)       MINUTE(JUD)                                                                                            
02/08/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/08/17       (H)       Moved HCR 1 Out of Committee                                                                           
02/08/17       (H)       MINUTE(JUD)                                                                                            
02/10/17       (H)       JUD RPT 1DP 3DNP 2AM                                                                                   
02/10/17       (H)       DP: CLAMAN                                                                                             
02/10/17       (H)       DNP: EASTMAN, KOPP, REINBOLD                                                                           
02/10/17       (H)       AM: KREISS-TOMKINS, FANSLER                                                                            
02/21/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
02/21/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
03/02/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE STEVE THOMPSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 97, as prime sponsor.                                                                    
                                                                                                                                
DAN WAYNE, Attorney                                                                                                             
Legislative Legal and Research Services                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Answered   questions  on   the  proposed                                                             
Amendment 1 to CSSSHB 44(JUD).                                                                                                  
                                                                                                                                
RYAN JOHNSTON, Staff                                                                                                            
Representative Jason Grenn                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered  questions on  CSSSHB 44(JUD)  on                                                             
behalf of Representative Grenn, prime sponsor.                                                                                  
                                                                                                                                
RYAN JOHNSTON, Staff                                                                                                            
Representative Jason Grenn                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered  questions on HCR  1 on  behalf of                                                             
Representative Grenn, prime sponsor.                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:09:05 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    3:09   p.m.                                                               
Representatives  Tuck, Birch,  Johnson,  and Kreiss-Tomkins  were                                                               
present at  the call to  order.  Representatives LeDoux  and Wool                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
        HB 97-REPEAL AK FIRE STANDS. COUNCIL TAX CREDIT                                                                     
                                                                                                                                
3:12:59 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the first  order of business                                                               
would be HOUSE  BILL NO. 97, "An Act repealing  the insurance tax                                                               
credit  for  gifts to  the  Alaska  fire standards  council;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:13:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  moved to adopt Amendment  1, [labeled 30-                                                               
LS0180\A.1, Nauman, 3/2/17], which read:                                                                                        
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "2022"                                                                                                         
          Insert "2019"                                                                                                         
                                                                                                                                
CHAIR KREISS-TOMKINS objected for the purpose of discussion.                                                                    
                                                                                                                                
3:14:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  explained that  Amendment 1  would change                                                               
the effective date of the repeal  of the insurance tax credit for                                                               
gifts given  to the  Alaska Fire  Standards Council  (AFSC), from                                                               
January 1, 2022, to January 1,  2019.  She reminded the committee                                                               
that the sponsor  of HB 97 had testified  [during the committee's                                                               
2/28/17  hearing  on  HB  97]   that  he  supported  the  earlier                                                               
effective date.                                                                                                                 
                                                                                                                                
3:14:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STEVE THOMPSON,  Alaska State  Legislature, prime                                                               
sponsor of HB 97, stated that he supported Amendment 1.                                                                         
                                                                                                                                
CHAIR  KREISS-TOMKINS  removed  his  objection  to  Amendment  1.                                                               
There being no further objection, it was so ordered.                                                                            
                                                                                                                                
3:15:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH expressed his support for HB 97.                                                                           
                                                                                                                                
3:16:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  moved to  report HB 97,  as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSHB  97(STA)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     
                                                                                                                                
          HB 44-LEGISLATIVE ETHICS: VOTING & CONFLICTS                                                                      
                                                                                                                                
3:16:53 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would  be  SPONSOR SUBSTITUTE  FOR  HOUSE  BILL  NO. 44  "An  Act                                                               
requiring  a legislator  to abstain  from  taking or  withholding                                                               
official  action  or  exerting   official  influence  that  could                                                               
benefit or harm an immediate  family member or certain employers;                                                               
requiring a  legislator to request  to be excused from  voting in                                                               
an instance  where the legislator  may have a  financial conflict                                                               
of interest; and  providing for an effective date."   [Before the                                                               
committee was CSSSHB 44(JUD).]                                                                                                  
                                                                                                                                
                                                                                                                                
3:18:24 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 3:18 p.m.                                                                                 
                                                                                                                                
3:18:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  moved to  adopt Amendment 1,  [labeled 30-                                                               
LS0208\U.3, Wayne, 3/2/17], which read:                                                                                         
                                                                                                                                
     Page 2, lines 26 - 28:                                                                                                     
          Delete "a substantial class of persons to which                                                                       
        the legislator or the family member who has the                                                                     
          financial interest belongs as a member of a                                                                       
     profession, occupation, industry, or region."                                                                              
          Insert "the general public of the state."                                                                         
                                                                                                                                
     Page 2, line 31:                                                                                                           
          Delete "."                                                                                                        
          Insert "[A SUBSTANTIAL CLASS OF PERSONS TO WHICH                                                                      
      THE LEGISLATOR BELONGS AS A MEMBER OF A PROFESSION,                                                                       
     OCCUPATION, INDUSTRY, OR REGION]."                                                                                         
                                                                                                                                
     Page 3, lines 8 - 10:                                                                                                      
          Delete "a substantial class of persons to which                                                                   
        the person belongs as a member of a profession,                                                                     
     occupation, industry, or region"                                                                                       
          Insert "the general public of the state"                                                                          
                                                                                                                                
                                                                                                                                
REPRESENTATIVE WOOL objected for the purpose of discussion.                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX stated that  Amendment 1 would make changes                                                               
to page  2, lines 26-28, of  CSSSHB 44(JUD).  She  explained that                                                               
the proposed  amendment would delete the  language "a substantial                                                               
class of  persons to  which the legislator  or the  family member                                                               
who  has  the  financial  interest  belongs  as  a  member  of  a                                                               
profession, occupation, industry, or  region" and replace it with                                                               
"the general public".                                                                                                           
                                                                                                                                
3:21:01 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 3:21 p.m.                                                                                 
                                                                                                                                
3:21:58 PM                                                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS  asked  the  drafter of  the  amendment  to                                                               
clarify  the proposed  changes  to  page 2,  line  31, of  CSSSHB                                                               
44(JUD).                                                                                                                        
                                                                                                                                
3:22:22 PM                                                                                                                    
                                                                                                                                
DAN  WAYNE, Attorney,  Legislative Legal  and Research  Services,                                                               
stated  that the  change  to page  2, line  31,  is a  conforming                                                               
change due to  the deletion of the language on  page 2, lines 26-                                                               
28.   He mentioned that  under Amendment 1, the  deleted language                                                               
would be  moved to page  2, line  31, and displayed  in uppercase                                                               
letters and bracketed for clarity.                                                                                              
                                                                                                                                
REPRESENTATIVE LEDOUX referred  to page 3, lines  8-10, of CSSSHB                                                               
44(JUD) and stated that Amendment  1 would delete the language "a                                                               
substantial class  of persons  to which the  person belongs  as a                                                               
member  of a  profession,  occupation, industry,  or region"  and                                                               
insert  "the  general  public".     She  explained  the  proposed                                                               
amendment by giving the following  example:  A legislator who was                                                               
a member  of the alcohol industry  considers proposed legislation                                                               
that affects the  entire alcohol industry but  doesn't affect the                                                               
legislator's business  to a greater  extent than the  industry in                                                               
general.    Under  CSSSHB  44(JUD),  as  currently  written,  the                                                               
legislator would be allowed to  vote on the proposed legislation.                                                               
Under  Amendment  1,  if the  proposed  legislation  affects  the                                                               
industry  to  a  greater  extent than  the  general  public,  the                                                               
legislator  would  not  be  allowed   to  vote  on  the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
3:24:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK   gave  an  example  for   clarification  of                                                               
Amendment 1:   Proposed legislation would reduce  the cruise ship                                                               
head  tax.   If the  legislator was  the owner  of a  cruise ship                                                               
line,  even though  his/her  cruise line  would  not be  impacted                                                               
differently  from  other  cruise   lines,  he/she  would  not  be                                                               
permitted  to vote  because the  cruise lines  would be  impacted                                                               
"over the general public."                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX agreed.                                                                                                   
                                                                                                                                
3:25:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  offered  that  [under  Amendment  1]  if  a                                                               
legislator was involved in any  industry and proposed legislation                                                               
affected  that industry,  with the  assumption  that the  general                                                               
public is  not a part of  that industry, the legislator  would be                                                               
required to abstain from voting on the proposed legislation.                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX agreed and  added that the legislator would                                                               
have  to  have  "a  financial  interest"  as  defined  by  CSSSHB                                                               
44(JUD).                                                                                                                        
                                                                                                                                
REPRESENTATIVE  WOOL offered  the possibility  that the  proposed                                                               
amendment  could  affect  non-financial  issues for  a  class  of                                                               
workers,  which  is  different  from  the  general  public.    He                                                               
suggested that a  lawmaker in that class would have  to declare a                                                               
conflict of interest.                                                                                                           
                                                                                                                                
3:27:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK referred  to his trade as  an electrician and                                                               
asked if  Amendment 1  would apply  to legislation  proposing new                                                               
safety standards.                                                                                                               
                                                                                                                                
3:28:20 PM                                                                                                                    
                                                                                                                                
RYAN JOHNSTON,  Staff, Representative  Jason Grenn,  Alaska State                                                               
Legislature, on behalf of Representative  Grenn, prime sponsor of                                                               
CSSSHB  44(JUD),  confirmed  that  Amendment  1  refers  only  to                                                               
situations involving financial gains or losses.                                                                                 
                                                                                                                                
REPRESENTATIVE  TUCK  asked if,  as  a  licensed electrician,  he                                                               
would have  to abstain from  voting on proposed  legislation that                                                               
reduced the  required number of continuing  education credits for                                                               
license renewal, thus reducing the cost.                                                                                        
                                                                                                                                
MR. WAYNE stated  that Amendment 1 refers  to financial decreases                                                               
as  well  as  increases.     He  added  that  regarding  proposed                                                               
legislation changing  the requirements for accreditation,  if the                                                               
effect on  the financial  interest of  the legislator  is greater                                                               
than the effect on the  general public, then the legislator would                                                               
be required to declare a conflict.                                                                                              
                                                                                                                                
REPRESENTATIVE  LEDOUX  emphasized  that the  financial  interest                                                               
would  have to  be substantial,  and there  is no  change in  the                                                               
proposed legislation in that regard.   She stated that the change                                                               
under Amendment 1 addresses the  situation in which the effect of                                                               
that  interest  is greater  [for  the  legislator] than  for  the                                                               
general public.                                                                                                                 
                                                                                                                                
MR. WAYNE agreed.                                                                                                               
                                                                                                                                
REPRESENTATIVE  LEDOUX  cited the  example  of  a legislator  who                                                               
owned $100  in stocks in  a cruise ship enterprise  and suggested                                                               
that this would not constitute a substantial interest.                                                                          
                                                                                                                                
MR.  WAYNE agreed  that it  probably  would not,  but the  Select                                                               
Committee on  Legislative Ethics  is the  final arbiter  of those                                                               
determinations.                                                                                                                 
                                                                                                                                
3:32:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  expressed his  concern that  these questions                                                               
will  all funnel  into a  logjam before  the Select  Committee on                                                               
Legislative Ethics.                                                                                                             
                                                                                                                                
REPRESENTATIVE  LEDOUX  responded  that these  issues  would  not                                                               
funnel  into the  Select Committee  on Legislative  Ethics, since                                                               
the  legislators  would  be  voting  on  declared  conflicts  and                                                               
subsequent  recusals.     She  added  that   the  declaration  of                                                               
ownership  in   stocks  in  an  industry   affected  by  proposed                                                               
legislation would become a [conflict  of interest] matter for the                                                               
legislature to decide.                                                                                                          
                                                                                                                                
3:34:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  stated  that  he has  concerns  about  the                                                               
entanglements  that CSSSHB  44(JUD) would  engender on  the House                                                               
floor  as legislators  attempt to  assess conflicts  of interest.                                                               
He added  that every elected  legislator in Alaska  has something                                                               
else going on in his/her life.   He maintained that the public is                                                               
aware  of  the  other  interests   through  the  Public  Official                                                               
Financial Disclosure  (POFD) and through the  crucible of primary                                                               
and general  elections.  He  opined that the current  process, in                                                               
which  the  legislator  declares   a  possible  conflict  on  the                                                               
legislative floor  and a  single objection  from the  body allows                                                               
the vote,  is sufficient.   He mentioned the  different procedure                                                               
used   in  local   governments:     the   conflict  of   interest                                                               
determination is  delegated to the  presiding officer and  can be                                                               
overruled  by the  body.   He  opined that  CSSSHB 44(JUD)  would                                                               
create huge  delays, the current  procedure works, and  there are                                                               
sufficient checks and balances for conflicts of interest.                                                                       
                                                                                                                                
3:37:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL removed his objection  to Amendment 1.  There                                                               
being no further objection, it was so ordered.                                                                                  
                                                                                                                                
[CSSSHB 44(JUD) was held over.]                                                                                                 
                                                                                                                                
         HCR 1-AMEND UNIFORM RULES: ABSTAIN FROM VOTING                                                                     
                                                                                                                                
3:37:50 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the final  order of business                                                               
would  be  HOUSE  CONCURRENT  RESOLUTION   NO.  1,  Proposing  an                                                               
amendment to  the Uniform Rules  of the Alaska  State Legislature                                                               
relating to voting and abstention from voting.                                                                                  
                                                                                                                                
3:38:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON moved  adopt  Amendment  1, [labeled  30-                                                               
LS0209\J.6, Gardner, 3/1/17], which read:                                                                                       
                                                                                                                                
Page 2, line 6:                                                                                                                 
     Delete "a majority of"                                                                                                 
     Insert "three-quarters of"                                                                                             
                                                                                                                                
CHAIR KREISS-TOMKINS objected for the purpose of discussion.                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON stated  that the intent of  Amendment 1 is                                                               
to  avoid the  possibility of  a legislator  agreeing to  allow a                                                               
member to abstain from voting to  influence the passage of a bill                                                               
or resolution.   She maintained  that requiring  a three-quarters                                                               
vote of  30 members instead  of a  simple majority would  make it                                                               
more likely that members of  both the majority and minority would                                                               
be needed for consent.  She  added that Amendment 1 would help to                                                               
avoid the perception  that a vote on abstention could  be used as                                                               
a tool to keep a legislator out of the voting process.                                                                          
                                                                                                                                
3:40:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if  the sponsor  of HCR  1 considers                                                               
Amendment 1 a friendly or unfriendly amendment.                                                                                 
                                                                                                                                
RYAN JOHNSTON,  Staff, Representative  Jason Grenn,  Alaska State                                                               
Legislature, on behalf of Representative  Grenn, prime sponsor of                                                               
HCR 1, stated that 28 states use a  vote and 24 of those 28 use a                                                               
majority  vote   [to  decide  abstentions  due   to  conflict  of                                                               
interest].  He said that the use  of "majority vote" in HCR 1 was                                                               
for the sake  of continuity, since current  statutes require that                                                               
at the municipal level.                                                                                                         
                                                                                                                                
3:41:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK asked  what the  procedure was  in the  four                                                               
states not using majority vote.                                                                                                 
                                                                                                                                
MR. JOHNSTON  replied that 4  of the  28 states use  a two-thirds                                                               
vote.   He  confirmed for  Representative LeDoux  that he  is not                                                               
aware of a three-quarters vote being used in any state.                                                                         
                                                                                                                                
3:41:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  stated  that   her  intent  was  not  to                                                               
introduce an unfriendly amendment.                                                                                              
                                                                                                                                
3:41:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL expressed his support  for not using a simple                                                               
majority vote.                                                                                                                  
                                                                                                                                
3:42:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK moved  to adopt  conceptual  Amendment 1  to                                                               
Amendment  1 to  replace "three-quarters  vote" with  "two-thirds                                                               
vote".                                                                                                                          
                                                                                                                                
REPRESENTATIVE JOHNSON objected for the purpose of discussion.                                                                  
                                                                                                                                
REPRESENTATIVE TUCK  stated that  there are very  few legislative                                                               
actions requiring  a three-quarters  vote.   He offered  that the                                                               
only  such vote  is the  one to  spend the  constitutional budget                                                               
reserve (CBR).  He opined that  such a requirement is a very high                                                               
standard,  and  a  two-thirds  vote   requirement,  such  as  for                                                               
effective  date clauses  and  court rulings,  is  already a  high                                                               
standard.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  JOHNSON  removed   her  objection  to  conceptual                                                               
Amendment 1  to Amendment 1.   There being no  further objection,                                                               
it was so ordered.                                                                                                              
                                                                                                                                
CHAIR KREISS-TOMKINS  removed his  objection to Amendment  1, [as                                                               
amended].  There being no further objection, it was so ordered.                                                                 
                                                                                                                                
3:45:04 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 3:45 p.m.                                                                                 
                                                                                                                                
3:45:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  suggested a conceptual amendment  to include                                                               
a sunset date in the proposed  legislation to "take it for a test                                                               
drive."   He asked if inserting  a sunset date would  be possible                                                               
with the  understanding that the current  legislature cannot tell                                                               
a future legislature  "what to do."  He asked  what the effective                                                               
date was for the proposed legislation.                                                                                          
                                                                                                                                
MR.  JOHNSTON replied  that as  currently  written, the  proposed                                                               
legislation would  take effect  at the  beginning of  next year's                                                               
session  [the  second  session  of  the  Thirtieth  Alaska  State                                                               
Legislature, 2017-2018],  up until the Thirty-First  Alaska State                                                               
Legislature, 2019-2020.  He stated  that through discussions with                                                               
Legislative Legal  and Research  Services staff, he  learned that                                                               
inserting  a  three-year  sunset into  the  proposed  legislation                                                               
would bind the Thirty-First  Alaska State Legislature, 2019-2020,                                                               
to adopting Uniform  Rule 34(b) outside of  the normal procedures                                                               
of  adopting  rules   prior  to  the  session.     He  said  that                                                               
technically the proposed  legislation has a sunset,  which is the                                                               
start of  the Thirty-First  Alaska State  Legislature, 2019-2020.                                                               
He said that  at that point, [the Uniform Rule]  could be changed                                                               
or adopted  again for the Thirty-First  Alaska State Legislature,                                                               
2019-2020.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  WOOL asked  for  confirmation  that [the  Uniform                                                               
Rule]  would  be  in  effect  at the  beginning  of  next  year's                                                               
session,  and when  the  Thirty-First  Alaska State  Legislature,                                                               
2019-2020,  begins, the  rule would  come before  the legislature                                                               
again for adoption.                                                                                                             
                                                                                                                                
MR. JOHNSTON confirmed that is correct.                                                                                         
                                                                                                                                
MR. WAYNE,  in response to  Chair Kreiss-Tomkins, stated  that to                                                               
comment  on  the   discussion,  he  would  need   to  review  the                                                               
requirements for Uniform Rules to expire and be re-adopted.                                                                     
                                                                                                                                
CHAIR KREISS-TOMKINS  recommended postponing introduction  of the                                                               
suggested amendment  to the 3/7/17  House State  Affairs Standing                                                               
Committee meeting.                                                                                                              
                                                                                                                                
3:49:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked if she  is correct in her belief that                                                               
the Uniform Rules  will remain in effect until  re-adopted by the                                                               
Thirty-First  Alaska State  Legislature, 2019-2020,  and all  the                                                               
rules together  are adopted by  the legislature at  the beginning                                                               
of the session.                                                                                                                 
                                                                                                                                
MR. JOHNSTON  said, "That is correct."   He stated that  there is                                                               
an automatic  sunset date on  Uniform Rule 34(b) because  it must                                                               
be  re-adopted  by  the Thirty-First  Alaska  State  Legislature,                                                               
2019-2020.  He expressed his understanding that the legislature                                                                 
can amend a Uniform Rule prior to adoption by the legislature.                                                                  
                                                                                                                                
MR.  WAYNE cited  Uniform Rule  53, which  he said  addresses the                                                               
adoptions  and  amendments  of Uniform  Rules.    He  paraphrased                                                               
Uniform  Rule 53,  which read  as  follows [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     The Uniform Rules of each  legislature shall be adopted                                                                    
     in  joint  session  by  a majority  vote  of  the  full                                                                    
     membership  of  each  house.   Thereafter  the  Uniform                                                                    
     Rules  may  be  amended  only  by  the  adoption  of  a                                                                    
     concurrent resolution by a two-thirds  vote of the full                                                                    
     membership of each house.                                                                                                  
                                                                                                                                
MR. WAYNE stated that he agreed with Mr. Johnston's explanation.                                                                
                                                                                                                                
[HCR 1 was held over.]                                                                                                          
                                                                                                                                
3:52:24 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 3:52                                                                  
p.m.                                                                                                                            
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HCR 1 Draft Proposed Amendment 3.1.17.pdf HSTA 3/2/2017 3:00:00 PM
HCR 1
HB 44 Draft Proposed Amendment U.3 3.2.17.PDF HSTA 3/2/2017 3:00:00 PM
HB 44
HB 97 Draft Proposed Amendment A.1 3.2.17.pdf HSTA 3/2/2017 3:00:00 PM
HB 97