Legislature(1993 - 1994)

01/27/1993 09:12 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                 SENATE STATE AFFAIRS COMMITTEE                                
                        January 27, 1993                                       
                            9:12 a.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Loren Leman, Chairman                                                
  Senator Robin Taylor                                                         
  Senator Johnny Ellis                                                         
  Senator Mike Miller                                                          
  Senator Jim Duncan                                                           
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SENATE JOINT RESOLUTION NO. 11                                               
  Proposing an amendment  to the Constitution of  the State of                 
  Alaska relating to repeal of regulations by the legislature.                 
                                                                               
  SENATE JOINT RESOLUTION NO. 8                                                
  Proposing amendments  to the  Constitution of  the State  of                 
  Alaska relating to capital projects and loan appropriations,                 
  and to the expenditure limit.                                                
                                                                               
  SENATE JOINT RESOLUTION NO. 6                                                
  Proposing amendments  to the  Constitution of  the State  of                 
  Alaska  authorizing the use  of the initiative  to amend the                 
  Constitution of  the State  of  Alaska by  approval of  two-                 
  thirds of the votes cast on the proposed amendment.                          
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SJR 11 - No previous action to record.                                       
                                                                               
  SJR 8  - No previous action to record.                                       
                                                                               
  SJR 6 - See State Affairs minutes dated 1/25/93.                             
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Senator Drue Pearce                                                          
  State Capitol                                                                
  Juneau, Alaska 99801-1182                                                    
  POSITION STATEMENT:  Prime Sponsor of SJR 11.                                
                                                                               
  Senator Randy Phillips                                                       
  State Capitol                                                                
  Juneau, Alaska  99801-1182                                                   
  POSITION STATEMENT:  Prime Sponsor of SJR 8.                                 
                                                                               
  John Shepherd, Aide                                                          
                                                                               
                                                                               
  Senator Rick Halford                                                         
  State Capitol                                                                
  Juneau, Alaska  9980l-1182                                                   
  POSITION STATEMENT:  Offered information on SJR 6.                           
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-5, SIDE A                                                            
  Number 001                                                                   
                                                                               
  Chairman  Leman called  the  Senate State  Affairs Committee                 
  meeting to order at 9:12 a. m.                                               
                                                                               
  SENATOR  LEMAN  brought  SJR 11  (REPEAL  OF  REGULATIONS BY                 
  LEGISLATURE)  before  the committee  as  the first  order of                 
  business.                                                                    
                                                                               
  Number 020                                                                   
                                                                               
  SENATOR LEMAN invited the prime  sponsor of SJR 11,  SENATOR                 
  PEARCE, to introduce her bill.                                               
                                                                               
  SENATOR PEARCE  explained that  the resolution  would permit                 
  the  annulment of regulations by joint resolution by the two                 
  houses.  This would allow the  legislature to take action on                 
  poorly considered regulations promulgated by state agencies.                 
  Adoption  of  a  resolution  annulling  a  regulation  would                 
  require  approval  by majority  vote  of  each body  of  the                 
  legislature.                                                                 
                                                                               
  Number 090                                                                   
                                                                               
  SENATOR LEMAN asked what had changed in the legislation that                 
  would lead her to believe that  the response from the voters                 
  would be any different from what it has been the last  three                 
  times this was on  the ballot?  SENATOR PEARCE  replied that                 
  there  is  an  awareness  by   constituents  who  have  been                 
  affected by regulations that have gone beyond the statutes.                  
                                                                               
  Number 135                                                                   
                                                                               
  SENATOR  TAYLOR  moved to  pass SJR  11 from  committee with                 
  individual  recommendations.  Hearing  no objections, it was                 
  so ordered.                                                                  
  Number 160                                                                   
                                                                               
  SENATOR LEMAN introduced SJR 8 (CAPITAL PROJECTS/EXPENDITURE                 
  LIMIT) and the prime sponsor, SENATOR RANDY PHILLIPS.                        
                                                                               
  SENATOR PHILLIPS  explained  this  legislation  would  limit                 
  state spending of general fund dollars.  SJR 8 also provides                 
                                                                               
                                                                               
  that at least 10 percent of  the amount appropriated in each                 
  fiscal  year  must  be designated  for  capital  project and                 
  loans.  It has a sunset provision.                                           
                                                                               
  The expenditure  limit can  be lifted  or  exceeded by  two-                 
  thirds of  both the House and  the Senate.  Any  revenues in                 
  excess of the  expenditure limit  will be  deposited in  the                 
  constitutional reserve account.                                              
                                                                               
  SENATOR PHILLIPS explained why this  should be placed before                 
  the voters;  the legislature  collectively has  not come  to                 
  grips  with   dealing  with  declining  oil   revenues,  has                 
  declining revenues, yet expenditures are going up.                           
                                                                               
  SENATOR  PHILLIPS said  a constitutional  amendment  was the                 
  only way to force the legislature  collectively to deal with                 
  this  problem.   There  is presently  in  place a  statutory                 
  limit, but it doesn't have an enforcement mechanism.                         
                                                                               
  Number 215                                                                   
                                                                               
  SENATOR  TAYLOR  moved to  pass  SJR 8  from  committee with                 
  individual  recommendations.  Hearing  no objections, it was                 
  so ordered.                                                                  
  SENATOR LEMAN introduced  SJR 6 (USE OF INITIATIVE  TO AMEND                 
  CONSTITUTION) as the final order of business.                                
                                                                               
  JOHN SHEPHERD, staff  member to  SENATOR HALFORD, said  that                 
  two questions were  raised at the 1/25/93  committee hearing                 
  of SJR6 and responses  have been prepared for the  committee                 
  members.                                                                     
                                                                               
  Included   in   the  responses   was   a  breakout   of  the                 
  constitutional amendment proposals that have gone before the                 
  voters  since  statehood.   Of  the  31  amendment proposals                 
  submitted, 9 failed  passage, 13  passed by a  margin of  66                 
  percent or greater,  7 passed by margin of 60  to 66 percent                 
  and only 2 by a margin of between 50 and 60 percent.                         
                                                                               
  Also,  in  answer to  SENATOR  DUNCAN'S  question concerning                 
  constitutional  amendments  by   initiative,  Mr.   Shepherd                 
  clarified that  there are 21  states that  have a  statutory                 
  initiative, Alaska being one of them.  Seventeen states have                 
  a constitutional initiative, one of those being indirect.                    
                                                                               
  Number 260                                                                   
                                                                               
  SENATOR  DUNCAN   asked  if   the  proposed   constitutional                 
  amendments can  be adopted  either by  a two-thirds  vote by                 
  initiative  of  the people  or  by  just a  majority  if the                 
  legislature  puts  it   on  the   ballot?    SENATOR   LEMAN                 
  acknowledged that SENATOR DUNCAN was correct, but that there                 
                                                                               
                                                                               
  also was one other method, the constitutional convention.                    
                                                                               
  Number 280                                                                   
                                                                               
  SENATOR  TAYLOR moved  to  pass SJR  6  from committee  with                 
  individual recommendations.   Hearing no objections,  it was                 
  so ordered.                                                                  
  SENATOR LEMAN stated  he was asked by COMMISSIONER  USERA to                 
  consider introduction of a bill to revise statutes to enable                 
  the department to  reduce the residency requirement  for the                 
  pioneer homes from 15 years to 1 year.                                       
                                                                               
  SENATOR TAYLOR  suggested much more  was needed than  just a                 
  little  statute  cleanup.   He  questioned if  the residency                 
  requirement  should be eliminated  altogether and  place the                 
  pioneer's home system under a needs based situation.                         
  Then the state  would be eligible  to receive 50 percent  of                 
  the full cost from the federal government.                                   
                                                                               
  Number 345                                                                   
                                                                               
  After  a  brief  discussion it  was  agreed  the legislation                 
  should be introduced by the Governor.                                        
                                                                               
  There  being  no   further  business  to  come   before  the                 
  committee, the meeting was adjourned at 9:34 a.m.                            

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