Legislature(2003 - 2004)
05/01/2003 08:06 AM House STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HJR 4-CONST AM: 90 DAY LEGISLATIVE SESSION CHAIR WEYHRAUCH announced that the first order of business was HOUSE JOINT RESOLUTION NO. 4, Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. [Before the committee is CSHJR 4, Version 23-LS0178\D, Cook, 3/28/03.] REPRESENTATIVE RALPH SAMUELS, Alaska State Legislature, spoke as the sponsor of HJR 4. He informed the committee that it should have a copy of [Version 23-LS0178\H, Cook, 4/29/03]. The committee took an at-ease from 8:11 a.m. to 8:12 a.m. CHAIR WEYHRAUCH, upon determining no one wished to testify, closed public testimony. Number 0495 REPRESENTATIVE SAMUELS explained that the change encompassed in Version H specifies that after a gubernatorial election there would be a 110-day session. He noted that this change was per the committee's amendment at the prior hearing of HJR 4. In response to Representative Seaton, Representative Samuels related that Section 2(b) reads as follows: (b) Notwithstanding (a) of this section, the first regular session held after a gubernatorial election is limited to one hundred ten consecutive calendar days. The session may be extended as provided in (a) of this section. REPRESENTATIVE GRUENBERG recalled that it was generally the policy of the drafters to not use "Notwithstanding" language. Number 0624 REPRESENTATIVE SEATON moved to adopt CSHJR 4 [Version 23- LS0178\H, Cook, 4/29/03] as the working document. There being no objection, [Version H] was before the committee. REPRESENTATIVE SEATON moved to report CSHJR 4 [Version 23- LS0178\H, Cook, 4/29/03] out of committee with individual recommendations and the accompanying fiscal notes. Number 0671 REPRESENTATIVE BERKOWITZ objected. He remarked that the constitution should only be amended when there's no other alternative. He said that there are other alternatives that would lead to a 90-day session or a shorter session. Therefore, he viewed the truly conservative avenue to vote against any amendment to the constitution unless there is a compelling reason to do so and all other remedies have been exhausted. REPRESENTATIVE HOLM pointed out that [a shorter session] hasn't been done since 1959. He believes legislators will perform better by having the stricture of the constitution. REPRESENTATIVE SAMUELS remarked that he doesn't view this as a [partisan] issue. Furthermore, a shorter session would possibly increase the pool of people who would be willing to run for office. Representative Samuels pointed out that 120 days was an arbitrary number and thus 90 days is also an arbitrary number. If the length of the session isn't going to be limited, then don't. However, he suggested that a session without a specified length would result in legislators working in July. Therefore, if the desire is to choose an arbitrary number, then choose one that is shorter. Number 0886 REPRESENTATIVE BERKOWITZ highlighted that this is a constitutional amendment and it's important to have dialogue regarding the sponsor's and the committee's intent. With regard to changing the constitution because it might increase the pool of potential legislators, Representative Berkowitz remarked that he didn't believe the constitution should be changed on the basis of supposition and conjecture; there need to be more concrete reasons. Although he agreed that there is a likelihood that more people would run for office, there have been no studies to determine whether that's true nor has the experience of other states with shorter sessions been reviewed. Representative Berkowitz reiterated that there are other ways in which to achieve a shorter session, such as statutorily or not starting until the 30th day. Because there is no evidence that shortening the session to 90 days would improve government, it seems arbitrary to act in support of a constitutional amendment. "The balance of power argument is significant," he said. He recalled that when BP and ARCO merged it was a major issue for the state and because the legislature wasn't in session, there were some severe problems for the state's response to the issue. However, he agreed that having an indefinite length of session would probably result in the expansion to meet that indefinite length. There hasn't been a showing that a 120-day session has lead to too many bad things. Furthermore, no matter the length of the session, there will be the flurry of activity at the end. Number 1105 REPRESENTATIVE SEATON noted that it has been postulated that the legislature did nothing for the six weeks. However, he recalls being very busy serving his constituents, introducing legislation, and working with the [Salmon Industry Task Force] and people to draft legislation for senior citizen legislation. Representative Seaton said he didn't view [the notion that the legislature did nothing for the first six weeks] as a justification for going to a 90-day session. REPRESENTATIVE GRUENBERG said that he would like to associate himself with Representative Berkowitz's comments. Number 1280 REPRESENTATIVE BERKOWITZ withdrew his objection to reporting Version H from committee. REPRESENTATIVE SEATON withdrew his motion to report Version H from committee. REPRESENTATIVE GRUENBERG expressed concern regarding the use of the "Notwithstanding" language and offered the removal of that language as a conceptual amendment upon the review of Legislative Legal and Research Services. REPRESENTATIVE SAMUELS asked if he promised to have Legislative Legal and Research Services review the use of the "Notwithstanding" language, would Representative Gruenberg withdraw his motion and the matter could be addressed in the House Judiciary Standing Committee. REPRESENTATIVE GRUENBERG withdrew his motion. REPRESENTATIVE SEATON moved to report CSHJR 4, Version 23- LS0178\H, Cook, 4/29/03, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE BERKOWITZ objected. A roll call vote was taken. Representatives Holm, Seaton, Dahlstrom, Lynn, and Weyhrauch voted in favor of reporting CSHJR 4, Version H. Representatives Berkowitz and Gruenberg voted against it. Therefore, CSHJR 4(STA) was reported out of the House State Affairs Standing Committee by a vote of 5-2.
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