Legislature(1995 - 1996)

02/22/1996 03:32 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                      SENATE STATE AFFAIRS                                     
                       February 22, 1996                                       
                           3:32 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Bert Sharp, Chairman                                                  
 Senator Randy Phillips, Vice-Chairman                                         
 Senator Loren Leman                                                           
 Senator Dave Donley                                                           
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Jim Duncan                                                            
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 SENATE BILL NO. 266                                                           
 "An Act relating to the Creamer's Field Goose Classic."                       
                                                                               
 CS FOR HOUSE BILL NO. 58(RES)                                                 
 "An Act establishing the Chickaloon Flats Critical Habitat Area."             
                                                                               
 HOUSE BILL NO. 90 am                                                          
 "An Act changing the date that the legislature convenes in the                
 years following a gubernatorial election; changing the date that              
 the term of a member of the legislature begins in the years                   
 following a gubernatorial election."                                          
                                                                               
 SENATE CONCURRENT RESOLUTION NO. 22                                           
 Proposing amendments to the Uniform Rules of the Alaska State                 
 Legislature relating to the hours for convening and adjourning from           
 daily sessions; and providing for an effective date.                          
                                                                               
 SENATE JOINT RESOLUTION NO. 24                                                
 Proposing amendments to the Constitution of the State of Alaska               
 relating to the transmittal of bills after passage, enactment of              
 bills without the governor's signature, to vetoes, and to                     
 consideration by the legislature of vetoed bills.                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 266 - See State Affairs minutes dated 2/13/96.                             
                                                                               
 HB 58 - No previous senate committee action.                                  
                                                                               
 HB 90 - No previous senate committee action.                                  
                                                                               
 SCR 22 - No previous senate committee action.                                 
                                                                               
 SJR 24 - See State Affairs minutes dated 1/16/96.                             
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Representative Con Bunde                                                      
 State Capitol, Juneau, Alaska, 99801-1182¶(907)465-4843                       
   POSITION STATEMENT: prime sponsor of HB 58                                  
                                                                               
 Jonathan Sperber, Aide                                                        
 Representative Bettye Davis                                                   
 State Capitol, Juneau, Alaska, 99801-1182¶(907)465-3875                       
   POSITION STATEMENT: prime sponsor of HB 90                                  
                                                                               
 Senator Dave Donley                                                           
 State Capitol, Juneau, Alaska, 99801-1182¶(907)465-3892                       
   POSITION STATEMENT: prime sponsor of SCR 22 & SJR 24                        
                                                                               
 James Baldwin, Assistant Attorney General                                     
 Governmental Affairs Section, Civil Division                                  
 Department of Law                                                             
 P.O. Box 110300, Juneau, AK 99811-0300¶(907)465-3600                          
   POSITION STATEMENT: testified on SJR 24                                     
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 SSTA - 2/22/96                                                                
                                                                               
             SB 266 CREAMER'S FIELD GOOSE CLASSIC                            
                                                                               
 TAPE 96-14, SIDE A                                                            
                                                                               
 Number 001                                                                    
                                                                               
 CHAIRMAN SHARP called the Senate State Affairs Committee to order             
 at 3:32 p.m. and brought up SB 266 as the first order of business             
 before the committee.  Chairman Sharp passed the gavel to the Vice-           
 Chairman.                                                                     
                                                                               
 SENATOR SHARP made a motion to discharge SB 266 from the Senate               
 State Affairs Committee with individual recommendations and with              
 accompanying zero fiscal note.                                                
                                                                               
 VICE-CHAIRMAN RANDY PHILLIPS, hearing no objection, stated SB 266             
 was discharged from the Senate State Affairs Committee.  The vice-            
 chairman turned the gavel back over to the chairman.                          
 SSTA - 2/22/96                                                                
                                                                               
        HB  58 CHICKALOON FLATS CRITICAL HABITAT AREA                        
                                                                               
 SENATOR SHARP brought up HB 58 as the next order of business before           
 the Senate State Affairs Committee and called the first witness.              
 Number 027                                                                    
                                                                               
 REPRESENTATIVE CON BUNDE, prime sponsor of HB 58, relayed                     
 information contained in the sponsor's statement.  The purpose of             
 HB 58 is to assure adequate habitat for waterfowl.  A great number            
 of ducks and geese congregate at Chickaloon Flats in their spring             
 and fall migrations.  It is a staging and resting area, as well as            
 a significant nesting area.  This legislation would strike a                  
 balance between the need to preserve the habitat for birds and                
 other wildlife, and the possible need to explore or use the natural           
 resources in the area.  It carefully delineates the options for               
 accessing the area for outdoor recreation and traditional                     
 activities: hunting, fishing, hiking, camping, those sorts of                 
 things.                                                                       
                                                                               
 Number 060                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asked Representative Bunde how many acres              
 are in the area.                                                              
                                                                               
 REPRESENTATIVE BUNDE responded, 22,000 acres.                                 
                                                                               
 SENATOR RANDY PHILLIPS asked how many acres in the state are listed           
 as critical habitat.                                                          
                                                                               
 REPRESENTATIVE BUNDE replied he is not sure.  There is a critical             
 habitat area in Redoubt Bay of 200,000 acres.  There is a critical            
 habitat area at Fox River Flats; he doesn't have that acreage, but            
 it is a relatively small area.                                                
                                                                               
 CHAIRMAN SHARP asked Representative Bunde if he's had a chance to             
 review the proposed committee substitute.                                     
                                                                               
 REPRESENTATIVE BUNDE responded he has, and he supports the                    
 committee substitute.                                                         
                                                                               
 Number 087                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asked how Representative Navarre, in whose             
 district is Chickaloon Flats, feels about HB 58.                              
                                                                               
 REPRESENTATIVE BUNDE thinks he recalls that Representative Navarre            
 is supportive of HB 58.                                                       
                                                                               
 SENATOR RANDY PHILLIPS noted that Representative Navarre                      
 recommended "Do Pass" on the House Finance Committee report for HB            
 58.                                                                           
                                                                               
 SENATOR RANDY PHILLIPS asked Representative Bunde if Senator Salo             
 supports HB 58.                                                               
                                                                               
 REPRESENTATIVE BUNDE responded he has not discussed the issue with            
 Senator Salo.                                                                 
                                                                               
 Number 115                                                                    
                                                                               
 CHAIRMAN SHARP noted that the proposed committee substitute has               
 guarantee language which was used previously in Minto Flats Game              
 Refuge legislation.  That language has worked really well in                  
 ensuring public access.  The department has not had any problem               
 working with that language, and have said that they are very                  
 comfortable with that language.                                               
                                                                               
 Number 145                                                                    
                                                                               
 SENATOR RANDY PHILLIPS made a motion to adopt the Senate State                
 Affairs committee substitute for HB 58.                                       
                                                                               
 CHAIRMAN SHARP, hearing no objection, stated the committee                    
 substitute had been adopted.  He asked if there were any amendments           
 to the committee substitute.  Hearing none, the chairman asked the            
 pleasure of the committee.                                                    
                                                                               
 Number 170                                                                    
                                                                               
 SENATOR RANDY PHILLIPS made a motion to discharge HB 58 from                  
 committee.                                                                    
                                                                               
 CHAIRMAN SHARP noted the department indicated that if the committee           
 substitute moved out as is, there would be a zero fiscal note.                
                                                                               
 SENATOR RANDY PHILLIPS moved to also discharge the accompanying               
 zero fiscal note.                                                             
                                                                               
 Number 175                                                                    
                                                                               
 CHAIRMAN SHARP, hearing no objection, stated that HB 58 with                  
 accompanying zero fiscal note was discharged from the Senate State            
 Affairs Committee.                                                            
 SSTA - 2/22/96                                                                
                                                                               
       HB  90 CONVENING LEGISLATURE AFTER GOV ELECTION                       
                                                                               
 Number 180                                                                    
                                                                               
 SENATOR SHARP brought up HB 90 as the next order of business before           
 the Senate State Affairs Committee and called the first witness.              
                                                                               
 Number 185                                                                    
                                                                               
 JONATHAN SPERBER, Aide to Representative Bettye Davis, prime                  
 sponsor of HB 90, stated that HB 90 would shift the beginning date            
 of legislative sessions following gubernatorial elections by one              
 day, in order to avoid having the opening day of the legislative              
 session fall on Martin Luther King Jr. Holiday.  Mr. Sperber read             
 the sponsor's statement.                                                      
                                                                               
 Number 200                                                                    
                                                                               
 MR. SPERBER stated that the administration believes HB 90 will                
 minimally impact legislative business.  In addition, the bill would           
 result in some minor cost savings.  Certain employees would not               
 have to be paid overtime by working on the holiday.                           
                                                                               
 SENATOR RANDY PHILLIPS asked who that would be.                               
                                                                               
 MR. SPERBER responded that would be support staff in the executive            
 branch.                                                                       
                                                                               
 SENATOR RANDY PHILLIPS doesn't understand.                                    
                                                                               
 SENATOR DONLEY thinks that would be people in the executive branch            
 who stick around because the legislature is here, people who would            
 normally have a holiday.                                                      
                                                                               
 SENATOR RANDY PHILLIPS asked if we want them around.                          
                                                                               
 SENATOR DONLEY responded it is not up to us whether they're around.           
 It's up to the executive branch.                                              
                                                                               
 SENATOR RANDY PHILLIPS asked why the executive branch can't make              
 that determination themselves.  And actually, what can we do here             
 on the first day, realistically.                                              
                                                                               
 MR. SPERBER responded it is his understanding that it is a day of             
 special importance by virtue of its being the first day of the                
 legislative session.  Even if only for ceremonial purposes,                   
 legislative staff and legislators would expect to be present.  By             
 simply shifting the first day of session to the following Tuesday,            
 those legislators and staff would have the opportunity to pay full            
 respect to Dr. King.  Admittedly, any possible savings that might             
 be realized here are extremely small.  The fiscal note from OMB               
 lists savings of $5,833.00 for FY99.                                          
                                                                               
 Number 245                                                                    
                                                                               
 SENATOR LEMAN has a concern with a comment in the sponsor's                   
 statement that "hundreds of legislative staff would be impacted".             
 That's probably what we need to deal with, more than changing the             
 day.                                                                          
                                                                               
 MR. SPERBER responded that Representative Davis has the belief that           
 all legislators, as well as their staff, would want to be able to             
 fully honor and celebrate Dr. King on this holiday, by being able             
 to attend other events.  He knows that Representative Davis has               
 expressed her frustration in the past about not being able to                 
 attend certain other events honoring Dr. King, because of                     
 legislative scheduling conflicts.                                             
                                                                               
 SENATOR LEMAN understands that.                                               
                                                                               
 CHAIRMAN SHARP commented he can also see savings for all                      
 legislative staff of at least one day, because you would bring them           
 on one day later.                                                             
                                                                               
 SENATOR LEMAN suggests that, instead of just moving the day one               
 day, somehow we could get the first day, Monday, to still count as            
 a day, so we wouldn't then just shift the whole session by one day.           
 He also asked why the bill specifies "the third Tuesday", rather              
 than specifying "the Tuesday following the third Monday".                     
                                                                               
 MR. SPERBER does not think there would be any difference.  He                 
 thinks the net affect would be the same.                                      
                                                                               
 SENATOR LEMAN stated that is not necessarily so.                              
                                                                               
 [If the month of January begins on a Tuesday, then the third                  
 Tuesday would follow the second Monday, and not the third Monday.]          
                                                                               
 It is noted that Martin Luther King, Jr. Day is on the third Monday           
 in January.                                                                   
                                                                               
 SENATOR RANDY PHILLIPS stated he likes Senator Leman's idea of                
 having that day still count towards the session limit.                        
                                                                               
 SENATOR DONLEY doesn't think that could be done, because the 120              
 day provision is set into the constitution.  Actually, there is a             
 starting time in the constitution, but it states "unless otherwise            
 provided by statute".  He thinks it would be pretty difficult to              
 utilize Senator Leman's idea without amending the constitution.               
                                                                               
 SENATOR LEMAN thinks that every once in a while, the schedule would           
 be thrown off in such a way that the legislature would actually               
 start four days prior to Martin Luther King, Jr. Day.                         
                                                                               
 CHAIRMAN SHARP asked Senator Leman if he wishes to propose an                 
 amendment to HB 90.                                                           
                                                                               
 SENATOR LEMAN asked Mr. Sperber if he would have any objection to             
 that.                                                                         
                                                                               
 MR. SPERBER replied he does not believe that Representative Davis             
 would have any objection.  Her primary concern is to not have a               
 conflict between a holiday and a legislative session.                         
                                                                               
 Number 320                                                                    
 SENATOR LEMAN thinks that would be a better way to define it.  He             
 offered an amendment to HB 90.                                                
                                                                               
 CHAIRMAN SHARP noted that basically on page 1, line 8, the wording            
 would be changed at the end of the sentence to "on the Tuesday                
 following the third Monday".                                                  
                                                                               
 SENATOR LEMAN said, either that, or "on the day following the third           
 Monday".  Obviously it would be a Tuesday.  Whichever way the                 
 drafters-                                                                     
                                                                               
 CHAIRMAN SHARP noted there would also have to be the same change on           
 page 2, line 1.                                                               
                                                                               
 SENATOR LEMAN replied that is correct.                                        
                                                                               
 Number 345                                                                    
                                                                               
 CHAIRMAN SHARP asked if there were objections to the amendment.               
 Hearing none, the chairman stated the amendment was adopted.                  
                                                                               
 CHAIRMAN SHARP asked the pleasure of the committee.                           
                                                                               
 SENATOR DONLEY made a motion to discharge HB 90 and accompanying              
 fiscal notes with individual recommendations from committee.                  
                                                                               
 Number 355                                                                    
                                                                               
 CHAIRMAN SHARP, hearing no objection, ordered HB 90 released from             
 the Senate State Affairs Committee with individual recommendations.           
 SSTA - 2/22/96                                                                
                                                                               
         SCR 22 UNIFORM RULES/HOURS OF DAILY SESSION                         
                                                                               
 SENATOR SHARP brought up SCR 22 as the next order of business                 
 before the Senate State Affairs Committee and called Senator Donley           
 to testify.                                                                   
                                                                               
 Number 360                                                                    
                                                                               
 SENATOR DONLEY, prime sponsor of SCR 22, relayed information                  
 contained in the sponsor's statement.  SCR 22 specifies that the              
 legislature will not conduct business on the floor past 9:00 p.m.,            
 nor would it do so before 8:00 a.m.  Senator Donley does not feel             
 it is in the public's interest for the legislature to work into the           
 wee hours.  The only concern he's heard raised regarding SCR 22 is            
 that it may be necessary to close off the session at some time.  He           
 acknowledges that, and wouldn't mind a conceptual amendment                   
 exempting the last several days of session.  He would like feedback           
 from committee members regarding what an appropriate time span                
 would be.  He is open to suggestions.                                         
                                                                               
 SENATOR LEMAN commented he especially likes the morning limitation.           
                                                                               
 SENATOR RANDY PHILLIPS asked if this wouldn't require a 2/3 vote.             
                                                                               
 SENATOR DONLEY responded that a concurrent resolution that amends             
 the uniform rules requires 2/3 of each body.                                  
                                                                               
 SENATOR RANDY PHILLIPS added that if both houses meet as a joint              
 body, then it is a simple majority: 31 votes.                                 
                                                                               
 SENATOR DONLEY doesn't know if that's ever been done.                         
                                                                               
 SENATOR RANDY PHILLIPS replied that was done in 1981.  He stated he           
 would be interested in removing the time limitations during the               
 last five days of session.  He thinks that would be a reasonable              
 amount of time.                                                               
                                                                               
 Number 390                                                                    
                                                                               
 CHAIRMAN SHARP asked how that would be addressed in the resolution.           
                                                                               
 SENATOR DONLEY replied that the language could simply specify,                
 "prior to the 115th day of the session...".                                   
                                                                               
 SENATOR RANDY PHILLIPS asked other committee members if they think            
 five days is a workable amount of time not to have the rule.                  
                                                                               
 SENATOR LEMAN replied he is not sure it would even be needed then,            
 other than perhaps the last day of session.                                   
                                                                               
 CHAIRMAN SHARP commented that sometimes the delay action works                
 pretty good on caucuses and so forth.  You can waste a lot of time            
 up to 9:00 p.m. when the last days' crunch comes.  He thinks there            
 needs to be more leeway than one or two days.                                 
                                                                               
 SENATOR DONLEY stated he would like to see a consensus, because he            
 would like to see SCR 22 pass.  He thinks any limitation is a good            
 step forward.  Five days is a good step forward from where we are             
 now.  Sometimes we go into two or three weeks of late-night                   
 meetings.  Frankly, it's debilitating on your health.                         
                                                                               
 CHAIRMAN SHARP noted that last year, we got into some late-night              
 floor sessions only halfway through.                                          
                                                                               
 SENATOR DONLEY thinks there is very little you could do at 9:00               
 p.m. that you couldn't come back and do at 8:00 a.m. the next day.            
                                                                               
 Number 415                                                                    
                                                                               
 CHAIRMAN SHARP stated the committee is looking at a conceptual                
 amendment on line 13.  "Prior to the 115th day of a regular session           
 a house shall adjourn."                                                       
                                                                               
 SENATOR LEMAN stated that "prior to the 115th day" would give them            
 six days.  If you want five days, it would be "prior to the 116th             
 day".                                                                         
                                                                               
 CHAIRMAN SHARP replied, ok, 116th day.  [There being no further               
 comment on the amendment, it seems to be general consensus that it            
 was adopted, though there was no motion.]  [The actual language in            
 the Senate State Affairs committee substitute is, "This subsection            
 does not apply during a regular session after the one hundred and             
 fifteenth day of that session."  So the last six days of a regular            
 session are exempt from that subsection.]                                     
                                                                               
 SENATOR LEMAN asked if they wanted any limitation put on the final            
 days.                                                                         
                                                                               
 CHAIRMAN SHARP said, "Just let 'er roll."                                     
                                                                               
 SENATOR RANDY PHILLIPS asked what do you do during daylight savings           
 time.                                                                         
                                                                               
 SENATOR DONLEY replied that happens at 2:00 a.m. in the morning, so           
 it won't affect SCR 22.                                                       
                                                                               
 SENATOR LEMAN asked if five minutes is enough of a warning.                   
                                                                               
 SENATOR DONLEY thinks that's enough time.                                     
                                                                               
 Number 435                                                                    
                                                                               
 SENATOR RANDY PHILLIPS suggested giving a ten-minute warning, since           
 that's the same amount of warning we have before session.                     
                                                                               
 SENATOR DONLEY replied that's fine with him.                                  
                                                                               
 CHAIRMAN SHARP noted there was a conceptual amendment on line 15 to           
 change 8:55 p.m. to 8:50 p.m.                                                 
                                                                               
 [There is no comment on the amendment.  There seems to be general             
 consensus that it was adopted, though there was no motion.]                   
                                                                               
 CHAIRMAN SHARP asked if there were any other comments or proposed             
 amendments.                                                                   
                                                                               
 SENATOR RANDY PHILLIPS asked if State Affairs was the only                    
 committee of referral.                                                        
                                                                               
 SENATOR DONLEY thinks so.  He thinks having the last five days                
 unrestricted should alleviate a lot of concerns regarding                     
 flexibility at the end of session.                                            
 CHAIRMAN SHARP asked the pleasure of the committee.                           
                                                                               
 Number 450                                                                    
                                                                               
 SENATOR DONLEY made a motion to discharge SCR 22 from committee               
 with individual recommendations.                                              
                                                                               
 CHAIRMAN SHARP, hearing no objection, stated SCR 22 was released              
 from the Senate State Affairs Committee with individual                       
 recommendations.                                                              
 SSTA - 2/22/96                                                                
                                                                               
            SJR 24 CHANGE TIMING OF VETO OVERRIDE                            
                                                                               
 Number 453                                                                    
                                                                               
 SENATOR SHARP brought up SJR 24 as the next order of business                 
 before the Senate State Affairs Committee and called Senator Donley           
 to testify.                                                                   
                                                                               
 Number 455                                                                    
                                                                               
 SENATOR DONLEY, prime sponsor of SJR 24, stated they tried to                 
 incorporate the recommendations of the committee in a sponsor                 
 substitute for SJR 24, which is in the members' packets.  At                  
 Senator Leman's request, he restored the "excluding Sundays"                  
 language throughout the timing sections of the bill, consistent               
 with the present constitutional provisions.  It was clarified that            
 a subsequent legislature couldn't consider vetoed legislation of a            
 prior legislature.  The section regarding shortening the time frame           
 in which the governor acts on bills following the adjournment of              
 the legislature has been deleted.  He thinks those are all the                
 changes made to the legislation.                                              
                                                                               
 Number 470                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asked if Section 4 was removed.                        
                                                                               
 SENATOR DONLEY responded that section was completely removed.                 
                                                                               
 SENATOR RANDY PHILLIPS asked if this proposed constitutional                  
 amendment is put on the ballot, how will the public understand it?            
                                                                               
 SENATOR DONLEY stated it will be difficult for them to understand             
 it.  Hopefully, people will read the voters' guide.  He finds it              
 hard to believe there would be much opposition to it, since it                
 really corrects some empty areas in the constitution, as far as the           
 transmittal of bills.  The only area in which there may be some               
 concern would be changing the way special sessions are called.  At            
 the same time, it seems like a reasonable method of polling                   
 members.  Senator Phillips is right though: people may just see a             
 lot of language and become confused or concerned with that much               
 language and just vote "no".                                                  
                                                                               
 SENATOR RANDY PHILLIPS stated that was his concern: that people               
 would vote "no" because it's complicated.                                     
                                                                               
 Number 500                                                                    
                                                                               
 CHAIRMAN SHARP stated he is concerned regarding the seven-day time            
 period at the end of the session.  With the massive amount of                 
 legislation that comes out of both bodies at the end of session--             
 this says, if it doesn't return within 48 hours, excluding Sundays,           
 that they'll duplicate it and send it over.                                   
                                                                               
 SENATOR DONLEY remembered that the committee asked him to check               
 into that with the clerk's office.  He stated that he has talked to           
 the clerks, and they said that at no time they can remember have              
 they ever not been able to transmit a bill within 24 hours.  They             
 have the capability of doing it.  Now there have been times where             
 they haven't been transmitted, but it hasn't been because the                 
 clerks couldn't do it.  They said that, basically, even at the end            
 of session they can move legislation in 45 minutes.  They said                
 they've never failed to get a bill over within 24 hours for any               
 technical reason; it's always been because of a political reason.           
                                                                               
 SENATOR LEMAN asked, they said that?                                          
                                                                               
 SENATOR DONLEY replied yes.                                                   
                                                                               
 SENATOR LEMAN asked who said that.                                            
                                                                               
 SENATOR DONLEY replied that what they said was they've never not              
 been able to do it within 24 hours.  And most of the time they say            
 they can do it in 45 minutes, even at the end of the session.                 
 They're all ready to go, when the bill is passed.  The only problem           
 is if there are floor amendments, that slows them down a little               
 bit.                                                                          
                                                                               
 Number 520                                                                    
                                                                               
 CHAIRMAN SHARP stated it is his understanding that the procedure is           
 that when a bill has made final passage, it is engrossed, and then            
 enrolled.  Another problem is that sometimes the president or the             
 speaker is not in town to sign legislation.  If that was the case,            
 would the legislation automatically move up without their                     
 signatures, under SJR 24?                                                     
                                                                               
 SENATOR DONLEY replied that is correct.  He does not know how else            
 to address the problem of someone intentionally not moving                    
 legislation along.                                                            
                                                                               
 CHAIRMAN SHARP stated they have seen that happen for 30 and 40 days           
 at a time.  He is concerned that the security of final review by              
 legal services not be breached though.  He is also concerned with             
 putting the clerks and the secretaries in the political situation             
 of having to move bills without them being signed off by the                  
 presiding officers.                                                           
                                                                               
 SENATOR DONLEY stated the 24 hour provision is the shortest time              
 frame that has to be dealt with.  That is for returning the                   
 legislation to the body of origin.                                            
                                                                               
 SENATOR DONLEY made a motion to adopt the committee substitute.               
                                                                               
 CHAIRMAN SHARP, hearing no objection, stated the committee                    
 substitute was adopted.                                                       
                                                                               
 CHAIRMAN SHARP commented he hasn't had anyone step forward and say            
 it's not do-able.  This resolution still goes to the Judiciary and            
 Finance Committees.                                                           
                                                                               
 CHAIRMAN SHARP asked Mr. Baldwin to comment on SJR 24.  He asked              
 Mr. Baldwin if his concerns have been addressed in the committee              
 substitute.                                                                   
                                                                               
 Number 565                                                                    
                                                                               
 JAMES BALDWIN, Assistant Attorney General, Governmental Affairs               
 Section, Civil Division, Department of Law, stated he has a couple            
 of comments, and they probably can be resolved in later committees.           
 He thinks there is some new language concerning calling sessions to           
 take up vetoes.  He is particularly looking at the language that              
 begins on page 2, line 29, which specifies that a joint session               
 must be called before the legislature adjourns.  He wondered if a             
 provision like this could be used to extend the session, because              
 once the legislature is in extra-special session there is no                  
 limitation on what they can take up.  He sees the same problem in             
 subsection (b) on page 3.  So he thinks the implications should be            
 thought out: not only may you be bringing on a special session for            
 overrides, but you could be getting into other areas.                         
                                                                               
 SENATOR DONLEY replied to the last point, that he is not scared of            
 the legislature in session.  He understands why the executive                 
 branch would be.                                                              
                                                                               
 TAPE 96-14, SIDE B                                                            
                                                                               
 Number 590                                                                    
                                                                               
 SENATOR DONLEY stated that if there is business to do at that time,           
 he thinks they should do it.  So that doesn't concern him.  The               
 reason it doesn't concern him is that they would have to be                   
 violating the constitution in the first place not to hold the joint         
 session.  So to use this legislation to violate the 121 day session           
 limit, they would have to break the constitution to get to that               
 point.  Unless Mr. Baldwin is going to presume that people are                
 going to willy-nilly violate the constitution, then it shouldn't be           
 a problem.                                                                    
                                                                               
 MR. BALDWIN stated he agrees with Senator Donley that the first               
 point he made is kind of remote.  But the second one isn't.  He has           
 seen situations where legislators did not want a special session              
 called, just as much as the executive.  He asked that the                     
 consequences of not limiting the subject matter of a special                  
 session be considered.  Once you're in special session, you can               
 take up any matter.  One way to take care of that would be to limit           
 what you could do at a special session.                                       
                                                                               
 Number 572                                                                    
                                                                               
 SENATOR DONLEY stated the reason it is drafted the way it is, is              
 that if we start to qualify on what we're holding the special                 
 session, we'll never be able to reach a consensus.  That is why it            
 is phrased in a simple "yes" or "no".                                         
                                                                               
 CHAIRMAN SHARP asked if there are any questions for Mr. Baldwin.              
                                                                               
 SENATOR RANDY PHILLIPS asked Mr. Baldwin if he is going to write a            
 little thing in the election pamphlet against SJR 24.                         
                                                                               
 MR. BALDWIN responded he works for the Division of Elections, and             
 they couldn't ever do that.  But there are plenty of public-                  
 spirited citizens willing to come forward to comment on                       
 legislation.                                                                  
                                                                               
 CHAIRMAN SHARP stated he still has concerns over the length of time           
 for getting legislation to legal services and back again.  He would           
 like to extend that 7 days to 14, excluding Sundays.                          
                                                                               
 SENATOR DONLEY commented he would have no problem with that.                  
                                                                               
 CHAIRMAN SHARP stated that in his conversations with legal                    
 services, they thought 10 days would probably do it, but 14 days              
 would be very safe.                                                           
                                                                               
 Number 560                                                                    
                                                                               
 CHAIRMAN SHARP stated that if the sponsor does not have a problem             
 with that, he would like to make a motion that on page 2, line 1              
 change "7 days" to "14 days" and add "excluding Sundays".                     
                                                                               
 SENATOR DONLEY stated he would agree with that.                               
                                                                               
 CHAIRMAN SHARP made a motion to adopt that amendment.                         
                                                                               
 CHAIRMAN SHARP, hearing no objection stated the amendment had been            
 adopted.                                                                      
                                                                               
 SENATOR DONLEY commented that he would really welcome other                   
 suggestions from members of the committee.                                    
                                                                               
 SENATOR RANDY PHILLIPS asked how he's going to market SJR 24.                 
                                                                               
 SENATOR DONLEY replied he hoped that they could talk to newspaper             
 editorial boards and other things like that and convince them that            
 it is really a good government proposal.                                      
                                                                               
 SENATOR RANDY PHILLIPS stated that one suggestion might be to have            
 something in the election pamphlet explaining SJR 24.                         
                                                                               
 SENATOR DONLEY replied that the voter's guide has been pretty                 
 flexible.  You could probably do that in the pro statement in the             
 voter's guide.                                                                
                                                                               
 Number 530                                                                    
                                                                               
 CHAIRMAN SHARP stated another point that was brought up by staff              
 was that to protect the Senate Secretary and Chief Clerk there                
 should be language for verifying contact.  The chairman suggested             
 language specifying that legislators shall contact the Chief Clerk            
 and the Senate Secretary in written form.                                     
                                                                               
 SENATOR DONLEY stated that they could just insert "in written                 
 form".                                                                        
                                                                               
 CHAIRMAN SHARP stated that language would be inserted after                   
 "indicated" on page 3, line 4.                                                
                                                                               
 SENATOR DONLEY stated what might happen, if SJR 24 passes this                
 session, that it would be alright if just the first section made it           
 on the ballot this year, if the legislation was focused down to               
 just that section.                                                            
                                                                               
 Number 490                                                                    
                                                                               
 SENATOR DONLEY made a motion to discharge SJR 24 from the Senate              
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN SHARP added, "As amended, with small fiscal note."                   
 Hearing no objection, stated SJR 24 was released from the Senate              
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN SHARP adjourned the Senate State Affairs Committee meeting           
 at 4:30 p.m.                                                                  
                                                                               

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