Legislature(2019 - 2020)BUTROVICH 205
01/31/2019 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SCR1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SCR 1 | TELECONFERENCED | |
SCR 1-UNIFORM RULE AMENDMENT; BUDGET
4:27:51 PM
CHAIR SHOWER announced the consideration of SENATE CONCURRENT
RESOLUTION NO. 1; Proposing an amendment to the Uniform Rules of
the Alaska State Legislature relating to the appearance of
measures on the daily calendar after the ninetieth day of the
regular session. He noted that he is the sponsor.
4:28:15 PM
SCOTT OGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, introduced SCR 1 on behalf of the sponsor
speaking to the following sponsor statement: [Original
punctuation provided.]
Proposing an amendment to the Uniform Rules of the
Alaska Legislature relating to the appearance of
measures on the daily calendar after the 90th day of
the regular session.
The Legislature has a constitutional duty to pass a
budget. With this proposed guidance in the Uniform
Rules, the legislature can only consider a
constitutionally mandated appropriation bill past the
90-day mark.
Legislators will know there is a hard deadline to get
their legislation on the calendar for consideration by
committees. Focus after 90 days will be directed at
passing a constitutionally required budget.
This measure would honor the intent of the voters when
they passed an initiative in 2006 to limit the session
to 90 days. While the initiative's 90-day limit is
currently in statute, it creates tension with the
Article II Sec 8 constitutional provision, which
provides that the "legislature shall adjourn from
regular session no later than one hundred twenty
consecutive calendar days from the date it convenes,
except the regular session may be extended once for up
to ten consecutive calendar days." The legislative
practice of late has been to ignore the voter-mandated
90-day limit.
By amending the Uniform Rules of the Alaska
Legislature as this resolution proposes to do, no bill
other than an appropriation bill may appear on the
daily calendar after the 90th day of the regular
session. As a result, this may cause work on the floor
to cease for any non-appropriation measure unless the
Uniform Rules are suspended with a 2/3 majority of the
represented house body where the measure resides.
However, committee work on legislation would still be
permitted at the discretion of the chair. Bills on
high profile issues can always be brought to the floor
if a super majority of legislators agree.
This measure focuses the legislature's attention on
only the budget, if the budget takes longer than 90
days. It also provides a circuit breaker against
excessive special sessions by allowing high priority
legislation that receives a 2/3 vote to waive the
Uniform Rules to come to the floor.
MR. OGAN noted that the bill amends Uniform Rule 18 and that
Uniform Rule 54 addresses suspension of the rules [by a
concurrent resolution approved by a two-thirds vote of the full
membership of each house.]
CHAIR SHOWER asked if the resolution had a sectional analysis or
fiscal note.
MR. OGAN replied the resolution has a zero fiscal note. It
simply amends Uniform Rule 18 by adding a new subsection (b)
that reads as follows:
(b) No measure other than an appropriation bill may
appear on the daily calendar after the ninetieth day
of a regular session.
4:31:04 PM
CHAIR SHOWER explained that he filed the resolution in the hope
of fulfilling the voters' will when they passed an initiative
for a 90-day session in 2006. As was mentioned, the one
constitutional obligation the legislature has is to pass a
budget. The resolution amends the Uniform Rules, but it does not
affect the constitutional 120-day session. All appropriation
bills are exempt. After 90 days committee work can continue, but
only high priority non-appropriation measures could go to the
floor if two-thirds of the body believes it is important.
SENATOR REINBOLD asked for clarification of Rule 54 and Rule 18.
MR. OGAN explained that Rule 54 would be used to move a non-
appropriation bill to the floor after 90 days. It requires a
concurrent resolution approved by a two-thirds vote of the full
membership of each house. SCR 1 amends Uniform Rule 18.
4:34:10 PM
SENATOR KAWASAKI pointed out that Uniform Rule 17 articulates
the daily order of business and [paragraph (m)] discusses the
Consideration of the Daily Calendar. He asked if the resolution
would prohibit the introduction of new bills after day 90.
MR. OGAN replied he would follow up with an answer after he does
some research and checks with legislative legal.
SENATOR KAWASAKI said he reviewed Rules 17 and 18 and said he
was unclear whether SCR 1 would impact the ability to introduce
legislation after day 90.
MR. OGAN said the intent is to not allow non-appropriation
measures to go to the floor, but he would talk with legislative
legal to ensure that SCR 1 does not have that unintended
consequence.
CHAIR SHOWER clarified that there is no intent to prohibit the
introduction of bills that are intended to come to the floor for
a vote during the second session.
4:36:05 PM
SENATOR KAWASAKI suggested the two-thirds vote could
disenfranchise the minority opinion, depending on the size of
the majority.
MR. OGAN said there probably will be winners and losers but
ultimately the winner is voter intent to have the legislature
meet for 90 days.
SENATOR KAWASAKI said he supports the concept of the resolution
but hopes it wouldn't be used as a tool to divide legislators.
CHAIR SHOWER reiterated that the intent is to honor the will of
the people. He added that he doesn't believe anyone would try to
get a two-thirds majority vote past 90 days because it's such a
high bar.
4:39:01 PM
SENATOR MICCICHE asked if a two-thirds vote is required to pass
the bill.
MR. OGAN said yes.
SENATOR MICCICHE said he supports the idea of getting work done
in 90 days and to prioritize work on the appropriation bills
after that. However, he agrees with Senator Kawasaki that there
should be an exception for the introduction of new bills in the
first year. He said he'd also like to discuss a carve-out for
bills related to statute changes that are needed to finalize
appropriation bills.
CHAIR SHOWER said he was open to discuss ways to improve the
bill and avoid unintended consequences.
SENATOR COGHILL said he would struggle to support the bill. He
was not a fan of the 2006 initiative because it limits the
people's access and empowers the administration. He said Senator
Kawasaki brought up good questions that should be answered. He
opined that there are political dynamics that he will need to
consider. "I'm holding my powder off on this one. My first
answer's going to be no," he said.
4:46:25 PM
MR. OGAN acknowledged that it isn't under consideration, but he
likes the Wyoming model of a 20-day session the first year for
just the budget and a 40-day session the second year for other
legislation.
SENATOR COGHILL observed that, as written, SCR 1 provides a way
to game the system. The legislature could pass an appropriation
bill without passing the budget.
CHAIR SHOWER agreed that may need to be changed. He added that
the idea is to find a way to improve the process.
SENATOR COGHILL pointed out the potential limitations of
imposing a two-thirds vote to bring a bill to the floor when it
requires a simple majority to pass it.
4:49:58 PM
CHAIR SHOWER held SCR 1 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| STA Commissioner MVA Saxe #1.pdf |
SSTA 1/31/2019 3:30:00 PM |
COMM SAXE RESUME |
| SSTA Agenda Week of 1.28.19.pdf |
SSTA 1/31/2019 3:30:00 PM |
1.31.19 Agenda |
| SCR 1 Sponsor Statement .pdf |
SSTA 1/31/2019 3:30:00 PM |
SCR 1 |
| SCR 1.PDF |
SSTA 1/31/2019 3:30:00 PM |
SCR 1 |
| SCR1-LEG-SESS-01-29-2019.pdf |
SSTA 1/31/2019 3:30:00 PM |
SCR 1 |