Legislature(2007 - 2008)BELTZ 211

04/17/2007 09:00 AM STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 171 ACCOMMODATE 90-DAY SESSION TELECONFERENCED
Heard & Held
*+ SB 95 COMPETITIVE BIDDING FOR BALLOT PREP TELECONFERENCED
Scheduled But Not Heard
+= HJR 11 STATE'S CONTROL OF NATIONAL GUARD TELECONFERENCED
Moved CSHJR 11(STA)(title am) Out of Cmte
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 17, 2007                                                                                         
                           9:31 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator Gary Stevens, Vice Chair                                                                                                
Senator Hollis French                                                                                                           
Senator Lyda Green                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Con Bunde                                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 11(STA)(title am)                                                                             
Relating to the  increased authority granted to  the President of                                                               
the  United  States  to  federalize the  National  Guard  of  the                                                               
individual  states  without the  consent  of  the governors;  and                                                               
urging the  United States  Congress to take  action to  honor the                                                               
sovereignty of the individual states  to regulate and command the                                                               
National Guard of the states.                                                                                                   
     MOVED CSHJR 11 (STA)(Title am) OUT OF COMMITTEE                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 171(STA) am                                                                                               
"An  Act relating  to the  date  and time  for convening  regular                                                               
legislative sessions, certain procedures  of the legislature, the                                                               
date for  organizing the Legislative Budget  and Audit Committee,                                                               
and  deadlines for  certain matters  or  reports to  be filed  or                                                               
delivered  to   the  legislature  or  a   legislative  committee;                                                               
prohibiting bonuses for legislative  employees; and providing for                                                               
an effective date."                                                                                                             
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 95                                                                                                              
"An  Act relating  to a  requirement for  competitive bidding  on                                                               
contracts for the preparation of election ballots."                                                                             
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR 11                                                                                                                  
SHORT TITLE: STATE'S CONTROL OF NATIONAL GUARD                                                                                  
SPONSOR(S): REPRESENTATIVE(S) ROSES                                                                                             
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       MLV, STA                                                                                               
03/06/07       (H)       MLV AT 1:00 PM BARNES 124                                                                              
03/06/07       (H)       Moved Out of Committee                                                                                 
03/06/07       (H)       MINUTE(MLV)                                                                                            
03/07/07       (H)       MLV RPT 4DP                                                                                            
03/07/07       (H)       DP: LEDOUX, FAIRCLOUGH, BUCH, ROSES                                                                    
03/15/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/15/07       (H)       Moved CSHJR 11(STA) Out of Committee                                                                   
03/15/07       (H)       MINUTE(STA)                                                                                            
03/16/07       (H)       STA RPT CS(STA) 7DP                                                                                    
03/16/07       (H)       DP:     JOHNSON,    JOHANSEN,     ROSES,                                                               
                         GRUENBERG, COGHILL, DOLL, LYNN                                                                         
03/30/07       (H)       TRANSMITTED TO (S)                                                                                     
03/30/07       (H)       VERSION: CSHJR 11(STA)(TITLE AM)                                                                       
04/02/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/02/07       (S)       STA                                                                                                    
04/17/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 171                                                                                                                  
SHORT TITLE: ACCOMMODATE 90-DAY SESSION                                                                                         
SPONSOR(S): RULES                                                                                                               
                                                                                                                                
03/01/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/01/07       (H)       STA                                                                                                    
03/06/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/06/07       (H)       Scheduled But Not Heard                                                                                
03/15/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/15/07       (H)       Heard & Held                                                                                           
03/15/07       (H)       MINUTE(STA)                                                                                            
03/22/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/22/07       (H)       Heard & Held                                                                                           
03/22/07       (H)       MINUTE(STA)                                                                                            
03/24/07       (H)       STA AT 10:00 AM CAPITOL 106                                                                            
03/24/07       (H)       Heard & Held                                                                                           
03/24/07       (H)       MINUTE(STA)                                                                                            
03/29/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/29/07       (H)       Moved CSHB 171(STA) Out of Committee                                                                   
03/29/07       (H)       MINUTE(STA)                                                                                            
03/30/07       (H)       STA RPT CS(STA) NT 1DP 3NR 2AM                                                                         
03/30/07       (H)       DP: COGHILL                                                                                            
03/30/07       (H)       NR: JOHNSON, ROSES, LYNN                                                                               
03/30/07       (H)       AM: GRUENBERG, DOLL                                                                                    
04/03/07       (H)       BEFORE THE HOUSE                                                                                       
04/03/07       (H)       TRANSMITTED TO (S)                                                                                     
04/03/07       (H)       VERSION: CSHB 171(STA) AM                                                                              
04/04/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/07       (S)       STA                                                                                                    
04/12/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
04/12/07       (S)       Heard & Held                                                                                           
04/12/07       (S)       MINUTE(STA)                                                                                            
04/17/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
BILL: SB  95                                                                                                                  
SHORT TITLE: COMPETITIVE BIDDING FOR BALLOT PREP                                                                                
SPONSOR(S): SENATOR(S) BUNDE                                                                                                    
                                                                                                                                
02/26/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/26/07       (S)       STA, JUD, FIN                                                                                          
04/17/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSH APPLEBEE, Staff                                                                                                            
to Representative Bob Roses                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented HJR 11.                                                                                         
                                                                                                                                
TAMARA COOK, Director                                                                                                           
Legislative Legal Affairs                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on HB 171.                                                                             
                                                                                                                                
JOHN BOUCHER, Senior Economist                                                                                                  
Office of Management and Budget                                                                                                 
Office of the Governor                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on HB 171.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL MCGUIRE  called the  Senate  State Affairs  Standing                                                             
Committee  meeting  to  order  at  9:31:10  AM.  Senators  Green,                                                             
Stevens, and McGuire  were present at the call  to order. Senator                                                               
French arrived soon thereafter.                                                                                                 
                                                                                                                                
            HJR 11-STATE'S CONTROL OF NATIONAL GUARD                                                                          
                                                                                                                                
CHAIR MCGUIRE announced the consideration of HJR 11. [Before the                                                                
committee was CSHJR 11(STA)(title am).]                                                                                         
                                                                                                                                
JOSH  APPLEBEE,  Staff to  Representative  Roses,  said the  2007                                                               
Defense  Authorization bill  gave the  president more  power over                                                               
states' national  guards. It  added natural  disasters, epidemics                                                               
or   other  heath   emergencies,  and   terrorist  incidents   as                                                               
conditions under which the president  can deploy armed forces and                                                               
federalize guard troop if he  or she determines that "authorities                                                               
of the  state or possession  are incapable of  maintaining public                                                               
order."  He said  all fifty  governors  object to  it because  it                                                               
could create  confusion and interfere  with a state's  ability to                                                               
respond to natural disasters within  its own borders. He said HJR                                                               
11 simply urges the necessary  federal action to reverse this and                                                               
honor the sovereignty of individual states.                                                                                     
                                                                                                                                
9:33:07 AM                                                                                                                    
SENATOR  GREEN asked  if there  might ever  be a  reason for  the                                                               
president to have this primacy.                                                                                                 
                                                                                                                                
MR. APPLEBEE  said yes, there  would be  times for that,  but the                                                               
new law  takes away informing  and consulting with  the governor.                                                               
The  resolution requests  reverting back  to where  the president                                                               
will consult with the governor before hand.                                                                                     
                                                                                                                                
SENATOR  STEVENS  asked  about  changes  in  the  last  30  years                                                               
regarding the use of the National  Guard. When he was in the army                                                               
the army defended the nation.                                                                                                   
                                                                                                                                
MR. APPLEBEE said  he can't speak to the  guard's entire history,                                                               
but it  is clear that it  has garnered a larger  role in homeland                                                               
security and  by being deployed  outside the state.  The National                                                               
Guard has taken on a larger  role, and in Alaska it is integrally                                                               
involved with  the federal forces,  and one concern is  that this                                                               
new authority by  the president may upset that  balance. He spoke                                                               
of the  Alaska National  Guard rescuing a  submarine, and  it was                                                               
seamless. Alaska has the model  of federal and state cooperation,                                                               
and that balance and efficiency should be kept, he stated.                                                                      
                                                                                                                                
9:36:20 AM                                                                                                                    
SENATOR STEVENS said  he thinks he agrees but  is concerned about                                                               
a national  emergency with  an imminent threat.  He asked  if the                                                               
resolution will cause another problem in defending the country.                                                                 
                                                                                                                                
MR. APPLEBEE  said he doesn't  think so.  No one knows  the state                                                               
better  than  the  governor or  legislature,  and  the  president                                                               
shouldn't assume  that he  or she would  know about  the Aleutian                                                               
Islands or the Brooks Range. "That's the way it used to be."                                                                    
                                                                                                                                
SENATOR STEVENS  said he is  concerned that an  anti-war governor                                                               
would refuse to use the troops.                                                                                                 
                                                                                                                                
MR. APPLEBEE  said the contrasting  opinions of the  governor and                                                               
president during Hurricane Katrina  prompted the language. Alaska                                                               
would do  what was best  for our  state, and the  governor should                                                               
maintain the right to say, "I think you may be going too far."                                                                  
                                                                                                                                
SENATOR STEVENS said he thinks he  agrees, but he noted the Civil                                                               
War  when President  Lincoln had  difficulty getting  troops from                                                               
some states.  The same  thing happened  to General  Washington in                                                               
the Revolutionary  War. He suggested  that being  "so politically                                                               
correct" Alaska  may be shooting  itself in  the foot when  a war                                                               
really needs to be fought  and an obstreperous governor could put                                                               
the nation in greater danger.                                                                                                   
                                                                                                                                
MR. APPLEBEE said  in times of war the president  has that power,                                                               
but expanding the power to all emergencies is the issue.                                                                        
                                                                                                                                
9:39:49 AM                                                                                                                    
CHAIR  MCGUIRE said  she agrees  with Senator  Stevens' comments,                                                               
but the original insurrection act  allows the president to act in                                                               
times of war. "What we don't want  to do is extend out to natural                                                               
disasters, epidemics  or serious public health  emergencies." She                                                               
said  the  legislature  sent  resolutions   on  the  Patriot  Act                                                               
opposing  unanticipated  consequences.  It's  a  new  world  with                                                               
serious concerns,  "but we have  to be  careful about how  far we                                                               
go,  whether  it's  our  individual sovereignty  as  a  state  or                                                               
whether or not it's our individual liberties."                                                                                  
                                                                                                                                
SENATOR FRENCH  said 51  governors sent a  letter to  Congress in                                                               
opposition to the new federal language.                                                                                         
                                                                                                                                
SENATOR  GREEN moved  to  report CSHJR  11  (STA)(Title am)  from                                                               
committee with  individual recommendations  and no  fiscal notes.                                                               
There being no objection, the motion carried.                                                                                   
                                                                                                                                
               HB 171-ACCOMMODATE 90-DAY SESSION                                                                              
                                                                                                                                
9:42:00 AM                                                                                                                    
CHAIR MCGUIRE announced the consideration  of HB 171. [Before the                                                               
committee was CSHB 171 (STA) am.]                                                                                               
                                                                                                                              
SENATOR  FRENCH   moved  to  adopt   Amendment  1,   labeled  25-                                                               
LS0653\KA.6.  He  said it  does  several  things, but  mainly  it                                                               
starts the  legislature on  one day  instead of  having staggered                                                               
starts.  Folks  will know  that  the  legislature starts  on  the                                                               
fourth Monday in  January, he said. It  alleviates concerns about                                                               
squeezing  the  holidays and  about  the  revenue forecasts.  The                                                               
legislature  has always  begun in  January. Let's  just get  down                                                               
here and get to work, he  said. The amendment also says pre-filed                                                               
bills  will be  released  on  January 10th  and  must  be to  the                                                               
Legislative Affairs Agency before that.                                                                                         
                                                                                                                                
9:44:50 AM                                                                                                                    
SENATOR  FRENCH  said Amendment  1  also  moves the  supplemental                                                               
budget up by  15 days, and budget amendments are  moved to day 30                                                               
of the legislature.  "You're in a time crunch no  matter when you                                                               
do the budget." This balances  the governor's time to prepare the                                                               
budget and the time for the legislature to consider it.                                                                         
                                                                                                                                
CHAIR  MCGUIRE said  Amendment  1 is  on the  table  and she  has                                                               
objected for  discussions. She said  she would like leave  of the                                                               
committee  to  discuss KA.4,  which  provides  a different  start                                                               
date. This committee  prefers to start the same  time every year,                                                               
she  surmised. The  question is  whether  it will  be the  fourth                                                               
Monday in January  or the second Monday in February.  She said no                                                               
one is going to die over either choice.                                                                                         
                                                                                                                                
9:47:38 AM                                                                                                                    
SENATOR STEVENS asked what day the sessions would end.                                                                          
                                                                                                                                
SENATOR  FRENCH noted  a  calendar  that was  handed  out to  the                                                               
committee and his amendment has the session ending on April 27.                                                                 
                                                                                                                                
SENATOR STEVENS said the length is 90 days, not 91.                                                                             
                                                                                                                                
SENATOR FRENCH  said the courts  have an obscure way  of counting                                                               
that leads to a 91-day session.                                                                                                 
                                                                                                                                
9:49:03 AM                                                                                                                    
TAMARA COOK, Director, Legislative  Legal Affairs, said the extra                                                               
day  is added  because the  constitution is  written as  120 days                                                               
from  the date  the legislature  convenes. The  initiative is  90                                                               
consecutive calendar days, so it will not be 91 days.                                                                           
                                                                                                                                
The committee took an at-ease 9:50:38 AM from 9:51:18 AM.                                                                   
                                                                                                                                
SENATOR STEVENS said he prefers the later date.                                                                                 
                                                                                                                                
SENATOR GREEN  said she is  leaning that  way too because  of the                                                               
Governor's budget.                                                                                                              
                                                                                                                                
CHAIR MCGUIRE said her amendment  of KA.4 doesn't reference dates                                                               
of the budget.                                                                                                                  
                                                                                                                                
9:53:01 AM                                                                                                                    
SENATOR GREEN asked the timeframe for prefiling.                                                                                
                                                                                                                                
CHAIR MCGUIRE asked Ms. Cook to speak to the amendment.                                                                         
                                                                                                                                
MS. COOK said in Amendment KA.4  the first part is the start time                                                               
for the session and the little change  on Page 3 is the change in                                                               
the prefile date.  "It simply rolls the time that  a pre-file can                                                               
be requested forward by a month."  It doesn't make any changes to                                                               
the rest of the bill.                                                                                                           
                                                                                                                                
9:54:28 AM                                                                                                                    
SENATOR  FRENCH said  a letter  from Mr.  Boucher notes  that the                                                               
supplemental appropriations  and the budget amendments  are keyed                                                               
to   the  legislative   calendar.  The   governor's  supplemental                                                               
appropriations are due  on day 30, and the  budget amendments are                                                               
due on  day 45.  "So it just  strikes me that  if we're  going to                                                               
deal with  the fact that we've  got a 90-day session,  we need to                                                               
advance those in one of these vehicles."                                                                                        
                                                                                                                                
CHAIR MCGUIRE said  two committee members are absent  so she will                                                               
ask Senator  French to table  the amendment, but first  she asked                                                               
Mr. Boucher if KA.4 should recognize the budget dates.                                                                          
                                                                                                                                
JOHN BOUCHER, Senior Economist,  Office of Management and Budget,                                                               
said  it would  be  advantageous to  the  legislature to  revisit                                                               
Section  12.  If  the  session   started  the  second  Monday  in                                                               
February, his office could provide the supplementals by mid-                                                                    
February. If it started the  second Monday, "we could probably do                                                               
that by  the fifth legislative  day, which would give  you longer                                                               
to contemplate it."  The amended budget could be  provided by the                                                               
fifteenth  day.  It  would  just be  a  two-week  difference,  as                                                               
opposed  to Senator  French's proposal,  he said.  Those are  the                                                               
target dates that his office is trying to hit.                                                                                  
                                                                                                                                
9:57:20 AM                                                                                                                    
CHAIR MCGUIRE  said she  favors the  February date  because there                                                               
will be a higher probability of  success because the budget is so                                                               
integral and  dependent on one  commodity, "that my fear  is that                                                               
if we start earlier, that we will end up extending our session."                                                                
                                                                                                                                
SENATOR FRENCH withdrew Amendment 1.                                                                                            
                                                                                                                                
SENATOR GREEN said she was given a note that said the                                                                           
legislative council report is not necessary, so that should be                                                                  
checked.                                                                                                                        
                                                                                                                                
HB 171 was held over.                                                                                                           
                                                                                                                                
CHAIR MCGUIRE adjourned the Senate State Affairs Committee at                                                                   
9:59:44 AM.                                                                                                                   

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