Legislature(1999 - 2000)
03/03/1999 01:40 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
March 3, 1999
1:40 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Dave Donley
Senator John Torgerson
MEMBERS ABSENT
Senator Rick Halford, Vice-Chairman
Senator Johnny Ellis
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 5
"An Act relating to the crime of misprision of felony."
-MOVED CSSB 5(JUD) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 9
Proposing amendments to the Constitution of the State of Alaska
relating to ways and means bills.
-MOVED SJR 9 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 5 - See Judiciary Committee minutes dated 2-3-99 and 2-24-99.
SJR 9 - No previous action to report.
WITNESS REGISTER
Mr. Jim Baldwin
Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Opposed SJR 9
ACTION NARRATIVE
TAPE 99-15, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:40 and announced SB 5 would be the first order of
business.
SB 5 - MISPRISION OF FELONY
SENATOR TORGERSON moved the adoption of the work draft (version N
dated 2-24). Without objection, the work draft was adopted.
SENATOR DONLEY said he had reviewed the work draft and it appears
to be what the committee asked for.
Number 015
SENATOR TORGERSON moved CSSB 5(JUD) out of committee with
individual recommendations. Without objection, it was so ordered.
SJR 9-CONST. AM: WAYS AND MEANS BILLS
SENATOR DONLEY, introduced the bill. He said Alaska's Constitution
has a single-subject rule which limits bills to one topic and
applies to all legislation except a revisor's bill or an
appropriations bill. SJR 9 would add another exception to the
single-subject rule: ways and means bills necessary to implement
appropriations.
SENATOR DONLEY stated that budgetary changes require statutory
changes and, at the end of the session, statutory changes need to
be made quickly to complement budget changes. Under SJR 9, all the
statutory changes needed to implement a budget act could be rolled
into one bill. SENATOR DONLEY pointed out that SJR 9 limits the
exemption to the single-subject rule to bills which are necessary
to implement the budget.
SENATOR DONLEY commented that SJR 9 will be an important tool as
spending is reduced. Where individual proposals to reduce spending
may meet with opposition, under SJR 9, the ways and means bill
could be a majority decision, like the budget. According to SENATOR
DONLEY, "Instead of everybody trading votes to protect their own
constituency, you might have to trade votes to make sure that
things got reduced and people would actually share the pain because
you'd have to reach consensus on the thing before the thing could
pass."
Number 105
SENATOR TORGERSON asked if a ways and means bill is subject to a
veto. SENATOR DONLEY replied it is and said "Only, it would only be
a two-thirds [vote required to override a veto] because it's a
bill."
SENATOR TORGERSON asked why SJR 9 amends the special session
section of the constitution. SENATOR DONLEY replied it allows a
Legislature in special session dealing with a budget issue to deal
with a ways and means bill also.
Number 132
CHAIRMAN TAYLOR said SJR 9 provides a tool which will allow the
Legislature to include some specific intent language along with an
appropriations bill to ensure that the will of the Legislature is
fulfilled.
SENATOR TORGERSON asked if the language on page two "determined by
the Legislature" is really necessary. SENATOR DONLEY explained this
language guides a court's interpretation of "what is necessary to
implement the budget" and will allow the court to defer to the
intent of the Legislature.
SENATOR TORGERSON asked if SJR 9 would stop the governor from
introducing a ways and means bill. SENATOR DONLEY replied it would
not.
Number 172
MR. JIM BALDWIN, Assistant Attorney General, testified SJR 9
contains several vaguely defined terms, including "ways" and
"means." MR. BALDWIN explained the Ways and Means Committee of the
U.S. Congress deals primarily with taxation. He suggested the usage
of "ways and means" in SJR 9 is appropriate if SJR 9 is intended to
allow the Legislature enact different types of taxes. However, MR.
BALDWIN inferred from the sponsor's statement, "what you really
intend to do is to be able to avoid the effects of the single-
subject rule." SENATOR DONLEY replied the bill could do both.
MR. BALDWIN claimed the effect of SJR 9 would be to undercut the
single-subject rule which was created to prevent "logrolling" - the
inclusion of an unpopular measure with a popular measure to ensure
passage.
MR. BALDWIN said due to the breadth of appropriation bills, a ways
and means bill could cover almost any topic. If the Legislature
does not value the principle of the single-subject rule, the rule
"would be no more," according to MR. BALDWIN. The single-subject
rule preserves the separate jurisdiction of committees other than
the finance committee. From the executive perspective, a ways and
means bill should require the same number of votes for a veto
override as the appropriations bill it implements. SENATOR DONLEY
disagreed, saying the governor has the power to line item veto an
appropriations bill.
MR. BALDWIN suggested, "Aren't you really taking away powers of the
governor - you're really upsetting that balance here with this."
SENATOR DONLEY again disagreed, saying the governor can veto this
bill as well and, if there are two-thirds of the Legislature who
oppose that, the veto can be overridden.
MR. BALDWIN said the governor can reduce or strike an item in an
appropriations bill because it is a multi-subject bill. He argued
in favor of including a requirement for the same number of votes to
override a ways and means bill as required for an appropriations
bill. "If you are going to extend this power to yourselves, why
not also extend the like, a similar check, on that power to keep
things in balance."
MR. BALDWIN noted there is a Supreme Court case pending concerning
veto overrides. He proposed this resolution would add to the
subject matter that could be covered in a special session, and open
the Legislature to pressure to address several subjects. "One of
the beauties of having a special session is that the Legislature
can focus on one particular area, one particular subject that has
been left over." CHAIRMAN TAYLOR assured MR. BALDWIN, "The beauty
is in the eye of the beholder."
Number 286
MR. BALDWIN reminded CHAIRMAN TAYLOR the Legislature has called
itself into special session and limited itself to one topic to
protect from "be(ing) eaten alive by the various special interests
out there who had an agenda." CHAIRMAN TAYLOR said he understood
the point: "The Legislature could find itself in the shoes of a
runaway grand jury, basically, calling themselves back into town
and then having everybody show up with a different agenda item they
want to take up."
SENATOR TORGERSON said the Legislature may, at some point, need "to
adopt something to change an appropriation to make it work."
MR. BALDWIN said the Legislature also has the power to call itself
into a special session with an unlimited agenda.
Number 315
SENATOR DONLEY asked MR. BALDWIN to suggest any changes to the
language on page 2 to improve the bill. He said the intent of SJR
9 is not to throw the door wide open to any subject, but limit it
to those necessary to implement appropriations. MR. BALDWIN replied
he would be glad to, but asked for time to work on this. SENATOR
DONLEY said he would appreciate it.
Number 337
SENATOR TORGERSON moved SJR 9 from committee with individual
recommendations. Without objection, SJR 9 moved from committee with
individual recommendations.
With no further business to come before the committee, CHAIRMAN
TAYLOR adjourned at 2:02 p.m.
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