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