Legislature(1999 - 2000)
03/24/1999 03:30 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 40 - DEPT OF COMMERCE & RURAL DEVELOPMENT
Number 0113
CHAIRMAN ROKEBERG announced the committee's first order of business
is discussion regarding the possible committee waiver of HB 40, "An
Act combining parts of the Department of Commerce and Economic
Development and parts of the Department of Community and Regional
Affairs by transferring some of their duties to a new Department of
Commerce and Rural Development; transferring some of the duties of
the Department of Commerce and Economic Development and the
Department of Community and Regional Affairs to other existing
agencies; eliminating the Department of Commerce and Economic
Development and the Department of Community and Regional Affairs;
relating to the Department of Commerce and Rural Development and
the commissioner of commerce and rural development; adjusting the
membership of certain multi-member bodies to reflect the transfer
of duties among departments and the elimination of departments;
creating the office of international trade and relating to its
duties; and providing for an effective date." The chairman
expressed his desire to waive HB 40 out of committee. The waiver
has been requested by the House leadership because the bill has
been heard in the House Community and Regional Affairs Standing
Committee (House C&RA). Chairman Rokeberg questioned if the bill
had moved out of C&RA.
REPRESENTATIVE HALCRO, Co-Chairman of the House Community and
Regional Affairs Standing Committee, informed Chairman Rokeberg
that HB 40 is scheduled for a second hearing tomorrow, March 25,
1999.
CHAIRMAN ROKEBERG commented this is a waiver pending referral. He
noted he will be out of town on March 26. Chairman Rokeberg
explained HB 40 is a consolidation bill and was basically written
the previous session by the House Labor and Commerce Standing
Committee (House L&C). House leadership wants to move the bill to
the House Finance Standing Committee (House Finance); Chairman
Rokeberg indicated it is his understanding the Governor will
present the Administration's proposal on consolidation there.
Chairman Rokeberg noted the bill's length and commented he does not
think the committee would be absolving its statutory authority on
the area. If all the committee members agreed to a waiver, it
would avoid a lot of work for the committee. Chairman Rokeberg
indicated the bill would be changed in Finance even if L&C closely
examined the legislation.
Number 0266
REPRESENTATIVE HALCRO expressed his concern about waiving HB 40 out
of L&C before seeing what transpires in C&RA. He noted C&RA had
just received the Administration's fiscal note. Representative
Halcro indicated C&RA members have concerns there are no rural
members on L&C, and that the previous legislation [HB 400] had not
gone to C&RA. He noted two other C&RA members sit on L&C.
Representative Halcro said he cannot sign the waiver until he sees
what comes out of C&RA.
CHAIRMAN ROKEBERG stated it would be Representative Halcro's
responsibility to read the waiver across the House floor on Friday
[March 26] and requested Representative Halcro resolve this.
Chairman Rokeberg noted with that he would circulate the waiver,
indicating there is a problem because L&C does not meet again
before Finance wants to hear HB 40.
Number 0361
REPRESENTATIVE HALCRO understands, but indicated again that he is
uncomfortable waiving the legislation. He has made some
commitments; he has assured members of his committee that their
concerns would be taken into consideration.
CHAIRMAN ROKEBERG referred to the presence of the other co-chairman
of House C&RA.
Number 0395
REPRESENTATIVE HARRIS, Co-Chairman, House Community and Regional
Affairs Standing Committee, stated he has no problem waiving the
legislation. House C&RA will not move the legislation unless the
committee is happy with it. Representative Harris indicated the
bill before C&RA is the previous session's HB 400 that was
basically rewritten by House L&C, and those HB 400 hearings were
pretty well-documented. Representative Harris noted three L&C
members would be very familiar with the legislation once it leaves
C&RA.
CHAIRMAN ROKEBERG thinks that is a good idea and he would recommend
the co-chairmen of C&RA speak to leadership about this issue so
they have a clear appraisal of what is happening.
Number 0464
REPRESENTATIVE CISSNA voiced her personal objection to signing the
waiver, noting that although the previous session's committee may
have reviewed the bill, she would like to look at it.
REPRESENTATIVE BRICE thinks they had the discussion last year, and
his stance is pretty much the same. They are making small
government big and schizophrenic at the same time; he feels that
term of art is probably applicable. He does not support the
concept or the legislation, with nothing against the sponsor's
intentions. Representative Brice indicated he would not be
interested waiving the legislation out of committee because he does
not think the bill is appropriate business.
Number 0539
CHAIRMAN ROKEBERG indicated he would not normally waive a bill if
committee members objected. However, as he understands it, the
leadership has spoken with the Governor, and the Governor,
basically as the chairman was told, wants to have the legislation
recast in Finance.
REPRESENTATIVE BRICE indicated the chairman has been very good
about not waiving legislation in this type of situation. He
further indicated he had received no communication from the
Administration regarding this matter.
CHAIRMAN ROKEBERG explained waiving legislation is left to the
pleasure of the chair. He has done what he could to satisfy the
concerns of the members of the committee; therefore, if members do
not want to waive the legislation, that is their prerogative.
Chairman Rokeberg noted this project would be left in the hands of
Representative Halcro, because the chairman will be in Anchorage
the next two days. Chairman Rokeberg asked Representative Halcro
to talk with the Speaker about this matter; the chairman would rely
on Representative Halcro to coordinate with the leadership and see
what is to be done. Chairman Rokeberg understands that the rule of
the chair is the official ruling with regard to waiving a bill from
committee, and nothing requires unanimous consent on a waiver. [HB
40 WAS NOT WAIVED BY THE COMMITTEE]
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