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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