Legislature(2007 - 2008)BELTZ 211
04/17/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR11 | |
| HB171 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 171 | TELECONFERENCED | |
| *+ | SB 95 | TELECONFERENCED | |
| += | HJR 11 | TELECONFERENCED | |
| + | 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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