02/26/2002 03:37 PM Senate STA

                                                                                                                                
            SJR 38-CONST AM: PRIORITY OF EXPENDITURES                                                                       
                                                                                                                              
                                                                                                                                
 SENATOR  KELLY   explained  the  resolution  would   require  the                                                              
administration   to   submit   subsequent    budgets   with   each                                                              
department's  activities ranked in  order of  value. Though  it is                                                              
the  Legislature's   responsibility  to  appropriate   funds,  the                                                              
departments are  better equipped to evaluate and  prioritize their                                                              
own activities and production.                                                                                                  
                                                                                                                                
The passage of SJR  38 would put this resolution to  a vote of the                                                              
people  and, if  approved,  would amend  the  Constitution of  the                                                              
State of Alaska.                                                                                                                
                                                                                                                                
This  is similar  to  the  statute  that Representative  Dyson  is                                                              
passing through  both bodies.  He said he  is of the  opinion that                                                              
the statute  alone isn't sufficient  because of the  separation of                                                              
powers and the discussion that was held for SJR 37.                                                                             
                                                                                                                                
CHAIRMAN THERRIAULT stated that,  by law, the governor must submit                                                              
the budget to the Legislature by  a certain date. He asked whether                                                              
the concern  is that with  Representative Dyson's  legislation the                                                              
governor would choose to ignore the requirement.                                                                                
                                                                                                                                
SENATOR KELLY replied that is his concern.                                                                                      
                                                                                                                                
CHAIRMAN THERRIAULT  noted  that  Section  1 places  the  existing                                                              
language  into subsection  (a)  and subsection  (b)  is added.  He                                                              
confirmed  that  Senator Kelly  was  anticipating  that a  statute                                                              
would flesh  out the  particulars if this  were enacted.  He asked                                                              
for an explanation of a prioritized fashion.                                                                                    
                                                                                                                                
SENATOR  KELLY  replied  that the  prioritized  fashion  would  be                                                              
established by law.  The Legislature would decide on  some form of                                                              
prioritization,  then pass that statute  and require  the governor                                                              
to  submit it  in  that form.  "Like  in the  last  one, [SJR  37]                                                              
governors may  veto these statutes,  they have that right,  but at                                                              
some point  a governor  is not going  to veto  this and  then that                                                              
statute is going  to sit there almost dormant and  then, like in a                                                              
resolution form,  you could require them  to do that on  the other                                                              
one. On  this one, you've got  the constitutional authority.  … At                                                              
some point it  is going to require the governor  to participate in                                                              
this process. Some governor is going  to have to pass this statute                                                              
and  not veto  it. It  will have  the luxury,  so to  speak, of  a                                                              
gubernatorial  veto whereas  the last  one we  were talking  about                                                              
didn't because it's enacted by resolution."                                                                                     
                                                                                                                                
CHAIRMAN  THERRIAULT asked  if he envisioned  the mechanism  would                                                              
have to be "turned  on" each year or once the  Legislature does it                                                              
by  resolution the  governor  shall submit  the  budget with  this                                                              
detail year after year.                                                                                                         
                                                                                                                                
SENATOR KELLY said  the form would be determined  by the different                                                              
Legislatures.  He  assumes  it  would  be passed  just  once,  but                                                              
different  Legislatures in  different years  may choose  different                                                              
forms and they would have to pass the change by law.                                                                            
                                                                                                                                
CHAIRMAN  THERRIAULT  asked  what  action  would  be  taken  if  a                                                              
Legislature no longer wanted the information at all.                                                                            
                                                                                                                                
SENATOR KELLY said it would be repealed.                                                                                        
                                                                                                                                
CHAIRMAN  THERRIAULT   said  this  Legislature  might   want  this                                                              
information,  but there  will be  an  election this  fall and  the                                                              
governor is  building the budget  during the election  process. He                                                              
asked whether  he puts the  prioritized document together  for the                                                              
next Legislature.                                                                                                               
                                                                                                                                
SENATOR  KELLY replied  he  envisions  it the  same  way that  the                                                              
budget is  created every year. There  would just be a  rider added                                                              
requiring prioritization.                                                                                                       
                                                                                                                                
CHAIRMAN THERRIAULT  asked if  this would  be the budget  document                                                              
itself or a separate document.                                                                                                  
                                                                                                                                
SENATOR KELLY said the budget document would have the rider.                                                                    
                                                                                                                                
There was no further testimony.                                                                                                 
                                                                                                                                
CHAIRMAN  THERRIAULT  stated  there   was  no  proposed  committee                                                              
substitute and  no proposed amendments.  The attached  fiscal note                                                              
for $1,500  is standard  for anything that  will be placed  on the                                                              
ballot.                                                                                                                         
                                                                                                                                
He asked for the will of the committee.                                                                                         
                                                                                                                                
SENATOR PHILLIPS made a motion to  move SJR 38 and attached fiscal                                                              
note from committee with individual recommendations.                                                                            
                                                                                                                                
There being no objection, SJR 38 moved from committee.