04/07/1998 05:10 PM House RLS

HCR  9 - AMEND UN RLS: COMMITTEE ACTION ON BILLS                               
                                                                               
Number 400                                                                     
                                                                               
CHAIRMAN KOTT announced the next order of business would be HCR 9,             
"Proposing amendments to the Uniform Rules of the Alaska State                 
Legislature relating to committee meetings; and providing for an               
effective date," sponsored by Representative Rokeberg.                         
                                                                               
Number 408                                                                     
                                                                               
REPRESENTATIVE NORMAN ROKEBERG came before the committee to explain            
HCR 9.  He stated that before the committee is CSHCR 9(FIN).  He               
said the reason the bill is before the House Rules Committee is it             
is a rule change.  He said that the Finance Committee version                  
provides that a member who votes on a report via teleconference may            
direct the chairman to note the vote, record it as a vote on the               
committee report to move the bill out of committee.  Representative            
Rokeberg said he would be happy to answer any questions the                    
committee may have.                                                            
                                                                               
REPRESENTATIVE ROKEBERG informed the committee that a section was              
removed in the House Finance Committee relating to interim                     
committee activities.                                                          
                                                                               
Number 441                                                                     
                                                                               
REPRESENTATIVE WILLIAMS said, "Right now, unless everything changes            
dramatically, and I can see maybe it could change dramatically is              
that we could hold committee meetings via teleconference, move                 
bills out and maybe come to the capitol once a week - once every               
two weeks maybe, and pass a bunch of bills out for this and not                
have to be here in Juneau all the time.  What would be wrong with              
that?  Or is that your intent?"                                                
                                                                               
REPRESENTATIVE ROKEBERG stated that is not his intent.  He said his            
intent to speed up the passage of legislation, to accommodate the              
conduct of committee business and make sure that a member that                 
couldn't physically be present could participate in the full                   
spectrum of committee activities.  For example, three and a half               
years ago when the final vote was taken after 16 hours of committee            
testimony on HB 207, which was a major bill before the House                   
Special Committee on Oil and Gas, the committee in its vote to move            
the bill out of committee had on teleconference one of the members             
of the committee, Representative Bettye Davis.  Representative                 
Davis had followed the testimony on the bill and was very                      
interested and supportive of the bill.  He said, "As the chair in              
my rookie year in this body, allowed Representative Davis to vote              
and my committee secretary, Mrs. Armstrong is in the room tonight,             
signed her name on the bill file.  And as the bill was read across             
the floor the next day, Mrs. Armstrong was chided rather strongly              
by the Clerk of the House as the (indisc.) in the rule.  So she did            
a 'no no.'  But the point in fact, Mr. Chairman, Representative                
Davis being a full member of the committee and is very active in               
the bill and the proceedings over a course of several weeks was                
most anxious to show her support for that legislation, which was a             
major piece of legislation.  And I thought deservedly so, should               
have had the right to have her vote in the positive, or whatever,              
being shown as a matter of public record.  In addition, Mr.                    
Chairman, there was an instance I believe last year whereas I, as              
the chairman of the Labor and Commerce Committee, happened to be in            
Anchorage because of the nature of a major piece of legislation                
before that committee, I was sitting in the LIO (Legislative                   
Information Office) basically conducting a meeting where I had as              
many 35 to 40 witnesses and on teleconference was the bulk of my               
committee sitting in the dungeon of the ground floor of this                   
building, in which Representative Cowdery is the vice chairman, was            
conducting a meeting on a formal basis.  And I was on                          
teleconference fundamentally conducting the meeting with the                   
witnesses, but the rest of the committee was down here.  But had we            
taken action on the bill in spite of the fact that I was face to               
face with some 35 or 40 witnesses, I would not have been able to               
vote on that particular activity.  So those are two instances where            
I can point that this would be a positive thing.  Also, in                     
addition, if a member is ill or inconvenienced or, for example, I              
recall when a committee on Community and Regional Affairs, just                
during this particular session, traveled to Southwestern Alaska to             
look at the economic devastation of the poor fishing season.  There            
were a number of members of that committee on that trip, I believe             
whether or not there were any members remaining here, if they                  
wanted to conduct any business they could have by teleconference.              
Mr. Chairman, this is the age of the super cyberspace and the                  
Internet and all those things that revolve around the incredible               
telecommunications explosion we're having.  And I would suggest                
that we will have electronic and full video capabilities within a              
very short period of time.  So I think the legislature needs to be             
prepared to move into the twenty-first century and conduct it's                
business as expeditiously and efficient and with the full                      
participation of all members."                                                 
                                                                               
Number 508                                                                     
                                                                               
REPRESENTATIVE PORTER said he can appreciate the comments made by              
Representative Williams.  He said at first, he thought this would              
be a dilution of the committee process, but after having thought               
about it, especially being the one that approves absences, there               
wouldn't be any more absences than there currently are because that            
process still would be in place and absences would be approved or              
not approved based on the policy of the caucus.  Representative                
Porter said, "The frequent thing that occurs in this state at least            
is that we have had myriad opportunities for folks temporarily                 
detained in Sitka to participate in committees, at one point last              
year I think it was two days.  They finally chartered a boat to go             
back, but we missed an awful lot of productive time because a whole            
lot of members were stuck.  Individual situations will come up                 
where this would be appropriate."  He said if there is a state that            
should have this kind of a policy, Alaska is it and he would                   
certainly support it.                                                          
                                                                               
Number 528                                                                     
                                                                               
REPRESENTATIVE ELTON said most of the time the conflicts that                  
legislators have that may keep them from a committee meeting is                
because they are double booked.  He said he isn't sure that the                
resolution doesn't encourage bad behavior.  Representative Elton               
stated he is somewhat concerned.  One of the things that keeps the             
body together as a group is that legislators can't leave town for              
whatever reason and then participate over the telephone.  He                   
pointed out that he understands the problem where a legislator has             
been closely involved with an issue up through the point of time               
where there is a vote to move it out of committee.  He said that is            
one opportunity lost, but the major opportunity to participate in              
a decision is when the bill goes to the floor.  There is the chance            
to express interest and vote on it at that time.  Representative               
Elton referred to a situation in the House Judiciary  Committee                
where Chairman Green was sick and said under the language in the               
bill, the chair may be able to participate via teleconference, but             
he wouldn't be in attendance to sign the name for the absent                   
person.  He asked if "Chair" actually means the person who is                  
chairing the meeting or if it means "Representative Green."  He                
said this could be a problem that may need to be fixed by adding               
additional language.                                                           
                                                                               
Number 565                                                                     
                                                                               
REPRESENTATIVE PHILLIPS said she believes the legislation has good             
intentions, but she believes it could have major unintended                    
negative impacts on floor sessions.  She said it could make it                 
virtually impossible to conduct business on the floor on Mondays               
and Fridays.  She said she thinks it could have a very negative                
impact on impeding the process of moving legislation that requires             
more than a simple majority vote.  As good as this sounds, she                 
thinks it will just make Monday and Friday sessions almost                     
impossible.  Representative Phillips said she won't support the                
legislation because of that.                                                   
                                                                               
Number 580                                                                     
                                                                               
CHAIRMAN KOTT said, "What I like about this idea is the fact that              
I now can serve on State Affairs and not have to worry about                   
getting in here by 8:00.  I can watch Gavel to Gavel because                   
they're pretty good about showing State Affairs.  I can watch it               
from home and then when the vote is ready to be taken, I can just              
call in."                                                                      
                                                                               
REPRESENTATIVE PHILLIPS asked what would happen if all committee               
members stayed home instead of attending an 8:00 a.m. committee                
meeting.                                                                       
                                                                               
CHAIRMAN KOTT stated that another problem could be public                      
perception.  He said there are literally hundreds of people who                
come to Juneau to testify before a committee and it really wouldn't            
set very well if a witness sits before a committee and there is                
only one person there.                                                         
                                                                               
REPRESENTATIVE PORTER said perhaps there is a way to finesse this              
to accommodate that.  He said if this process were allowed in                  
limited circumstances like during a prearranged excused absence or             
a weather delay in returning a prearranged excused absence, it                 
would eliminate not going to the 8:00 a.m. meeting.  It would                  
eliminate, "I missed the plane so I didn't come back on Monday or              
whatever."  He said, "We do absolutely control excused absences and            
it's just in that circumstance that I see this as potentially                  
helpful."                                                                      
                                                                               
Number 613                                                                     
                                                                               
REPRESENTATIVE ELTON questioned that under the proposed resolution,            
would a member who participates via teleconference constitute a                
member for the purpose of a quorum of a committee.                             
                                                                               
REPRESENTATIVE PORTER said it is understanding of the rules that               
they can constitute a quorum and can vote on amendments via                    
teleconference.  The only thing they cannot do is vote to move a               
bill out of committee via teleconference.                                      
                                                                               
REPRESENTATIVE WILLIAMS said he thinks there could be abuse and he             
doesn't support the bill.  He said he would vote to move the bill              
out of committee, but he won't support it on the House floor.                  
                                                                               
CHAIRMAN KOTT noted it takes a majority vote of the body to change             
a rule, 27 members.  He said it would probably be very difficult               
and that is why there is very seldom any rule changes.                         
                                                                               
REPRESENTATIVE PORTER suggested holding the legislation.  He said              
Representative Rokeberg and Chairman Kott may want work on the                 
bill.                                                                          
                                                                               
CHAIRMAN KOTT indicated HCR 9 would be held.  He suggested that                
Representative Rokeberg work with him.  He noted that                          
Representative Elton had a good point in reference to chairman.                
Maybe something could be added that would only give those people on            
excused absence status the privilege to participate via                        
teleconference.