05/19/1999 01:07 PM Senate C01

              SB 101-DISASTERS: DEFINITION & FUND                                                                               
                                                                                                                                
CO-CHAIR GAIL PHILLIPS called the 2nd Conference Committee on SB
 to order at 1:07 p.m.  All members were present.                                                                            
                                                                                                                                
CO-CHAIR PHILLIPS noted the language that pertains to polling                                                                   
legislators about convening a special session is ambiguous to the                                                               
point where the Speaker of the House or the President of the Senate                                                             
could poll only his/her majority caucus or only the people they                                                                 
believe will agree.  She stated that could become very political                                                                
and dangerous.                                                                                                                  
                                                                                                                                
CO-CHAIR MILLER asked what provision is in current law.  CO-CHAIR                                                               
PHILLIPS answered the existing statute gives the Senate President                                                               
and the Speaker of the House the ability to agree to not convene a                                                              
special session.  CO-CHAIR MILLER noted the Senate used that                                                                    
procedure three times last year.                                                                                                
                                                                                                                                
CO-CHAIR PHILLIPS suggested the original language be retained.                                                                  
                                                                                                                                
CO-CHAIR MILLER noted he does not want to remove Section 3 in its                                                               
entirety.                                                                                                                       
                                                                                                                                
CO-CHAIR PHILLIPS suggested deleting subsection (B) only.                                                                       
                                                                                                                                
REPRESENTATIVE BARNES asked for clarification.  CO-CHAIR MILLER                                                                 
noted the committee was reviewing subsection (B) of Section 3 which                                                             
relates to polling of the membership by the presiding officers.                                                                 
                                                                                                                                
CO-CHAIR MILLER announced there was a motion to remove subsection                                                               
(B) on page 3.  There being no objection, the motion carried.                                                                   
                                                                                                                                
CO-CHAIR MILLER stated the word "law" as opposed to "concurrent                                                                 
resolution" in Section 2, line 13, needs to be reviewed in relation                                                             
to legislative procedure used to declare an extension.                                                                          
                                                                                                                                
REPRESENTATIVE GRUSSENDORF informed committee members he looked                                                                 
into the A.L.I.V.E. court decision which was a separation of powers                                                             
issue in which a legislative body was trying to annul regulations                                                               
promulgated by the executive branch.  He stated that issue is                                                                   
slightly different because the Alaska Legislature will have                                                                     
appropriated money for a disaster.  The same number of votes would                                                              
be necessary to enact a statute or to pass a concurrent resolution.                                                             
                                                                                                                                
REPRESENTATIVE BARNES agreed the A.L.I.V.E. decision pertained to                                                               
a legislative body annulling regulations with a resolution, which                                                               
a governor cannot veto, but she questioned how the Department of                                                                
Law could tie that case to SB 101.                                                                                              
                                                                                                                                
REPRESENTATIVE BARNES moved to delete the word "law" and reinstate                                                              
"concurrent resolution."  There being no objection, the motion                                                                  
carried.                                                                                                                        
                                                                                                                                
REPRESENTATIVE BARNES moved to report CCSSB 101 (2d CC) out of                                                                  
committee.  There being no objection, the motion carried.                                                                       
                                                                                                                                
There being no further business to come before the committee, CO-                                                               
CHAIR MILLER adjourned the meeting at 1:13 p.m.