Legislature(1997 - 1998)

04/24/1997 08:07 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 HCR 9 - AMEND UN RLS: COMMITTEE ACTION ON BILLS                             
                                                                               
 The next order of business to come before the House State Affairs             
 Standing Committee was HCR 9, Proposing amendments to the Uniform             
 Rules of the Alaska State Legislature relating to committee                   
 meetings; and providing for an effective date.                                
                                                                               
 Number 0440                                                                   
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG, Alaska State Legislature, explained           
 the bill proposed amendments to the Uniform Rules of the Alaska               
 State Legislature that would allow for committees to meet during              
 the interim and to take action.  It would also allow for committee            
 members to vote and to make a quorum via the teleconference line.             
 The purpose of the bill was to bring hearings closer to the people            
 of the state of Alaska by enabling business to be conducted during            
 the interim; to increase the efficiency of the Alaska State                   
 Legislature; and to possibly shorten the legislative session.                 
                                                                               
 REPRESENTATIVE ROKEBERG further explained he had also introduced              
 legislation to shorten the legislative session to 90 days.                    
                                                                               
 REPRESENTATIVE ROKEBERG further stated, currently, committees could           
 take action during the interim that amounted to a work session, not           
 substantive action.  The bill allowed for substantive committee               
 work and action within the confines of the committee only.  The               
 action could not be read across the floor of the House of                     
 Representatives.  In addition, the resolution called for a zero               
 fiscal note.  Some indicated there would be a fiscal impact to the            
 budget but he believed there would be a savings.  Nevertheless, the           
 presiding officers had the ability to control the traveling request           
 and budget for every member.                                                  
                                                                               
 Number 0545                                                                   
                                                                               
 CHAIR JAMES asked Representative Rokeberg if he would object to               
 amending the resolution to include the language "prior approval of            
 the leadership before scheduling a meeting"?  The amendment was a             
 request.                                                                      
                                                                               
 Number 0584                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG replied he did not think he would have a              
 problem with the amendment.  He wondered if it would be rude to ask           
 who requested the amendment.                                                  
                                                                               
 CHAIR JAMES replied the Speaker of the House of Representative                
 requested the amendment.                                                      
                                                                               
 REPRESENTATIVE ROKEBERG stated he would be very happy in that case            
 to accept the friendly amendment to the resolution.                           
                                                                               
 REPRESENTATIVE BERKOWITZ announced he had several amendments that             
 he would turn into questions.  First, he would be concerned if the            
 committee was either the first or last committee of referral.                 
 Second, he would be concerned if it was the only committee of                 
 referral.                                                                     
                                                                               
 REPRESENTATIVE ROKEBERG replied a bill could not be moved out of a            
 committee.  It could only be acted on and transmitted to the clerk.           
 It could not be read across the floor of the House of                         
 Representatives.                                                              
 Number 0605                                                                   
                                                                               
 CHAIR JAMES wondered about amending a bill in committee upon                  
 returning to session.                                                         
                                                                               
 Number 0614                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG replied presumably the committee had                  
 already moved to pass the bill out.  The intention was not to                 
 expand the scope of the rule change in order to control the flow of           
 the bill activity.                                                            
                                                                               
 Number 0626                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained he was also concerned about just           
 being able to pass the bill along.                                            
                                                                               
 CHAIR JAMES replied it could not be passed to the next committee of           
 referral.                                                                     
                                                                               
 REPRESENTATIVE ROKEBERG stated it could not be read across the                
 floor of the House of Representatives because we would not be in              
 session.                                                                      
                                                                               
 Number 0649                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ stated he would also like there to be some           
 kind of notice prior to a meeting such as the 5-day notice.                   
                                                                               
 CHAIR JAMES replied the 5-day notice was in the uniform rules.                
                                                                               
 REPRESENTATIVE ROKEBERG wondered if the 5-day rule applied during             
 the interim.  He deferred the question to Representative Vezey.               
                                                                               
 Number 0665                                                                   
                                                                               
 REPRESENTATIVE VEZEY maintained for years that the legislature had            
 the authority to do this already but passing a law would salve                
 everyone's conscious.  It was a good idea and long over due.  The             
 internal workings of the legislature were not subject to a court's            
 jurisdiction even if a law was passed.  We would have to be in                
 session to take official action - the only constitutional                     
 limitation.                                                                   
                                                                               
 Number 0711                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained the reason he asked was that               
 Tamara Cook, Director, Legislative Research and Legal Services,               
 suggested the issue be looked at.                                             
                                                                               
 Number 0719                                                                   
                                                                               
 CHAIR JAMES asked how did we get the uniform rules?  Was it passed            
 as a document?                                                                
                                                                               
 REPRESENTATIVE ROKEBERG replied the uniform rules had to be adopted           
 by each legislature.  Right now we did not have any uniform rules.            
 He deferred the question again to Representative Vezey.                       
                                                                               
 Number 0736                                                                   
                                                                               
 REPRESENTATIVE VEZEY stated the Constitution of the State of Alaska           
 provided that the legislature adopt rules.  As a matter of course,            
 we had not formally adopted any rules for the Twentieth Alaska                
 State Legislature.  It did not mean we were not operating under any           
 rules, however.                                                               
                                                                               
 CHAIR JAMES wondered how it was missed this year.                             
                                                                               
 REPRESENTATIVE ROKEBERG stated there was a resolution but it did              
 not go as far as the former majority leader.                                  
                                                                               
 CHAIR JAMES asked what the procedure had been in the past for                 
 amending the rules?                                                           
                                                                               
 Number 0774                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG replied it required a resolution before the           
 body to adopt the rules.  The controversy was over the adoption of            
 Mason's Manual.                                                             
                                                                               
 REPRESENTATIVE ROKEBERG read Uniform Rule 53 into the record.                 
                                                                               
 Number 0806                                                                   
                                                                               
 CHAIR JAMES stated she liked what the resolution called for.  She             
 was not convinced, however, if this was the right procedure.                  
                                                                               
 REPRESENTATIVE ROKEBERG stated the House State Affairs Standing               
 Committee was the first committee of referral.  The resolution also           
 had two other referrals including the House Rules Standing                    
 Committee - the proper forum to address the resolution.  He asked             
 the indulgence of the committee to move the resolution out of its             
 way.                                                                          
                                                                               
 CHAIR JAMES moved for a conceptual amendment to include leadership            
 approval prior to scheduling a meeting.                                       
                                                                               
 Number 0869                                                                   
                                                                               
 REPRESENTATIVE VEZEY objected.  It was very, very redundant.  The             
 presiding officer of the House determined the chair and the House             
 Committee on Committees determined the members.  In addition, we              
 had provisions to do exactly what you wanted to do without                    
 restating it.                                                                 
                                                                               
 Number 0897                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ asked for a friendly amendment to the                
 conceptual amendment to ensure that the minority was advised as               
 well.                                                                         
                                                                               
 REPRESENTATIVE ROKEBERG objected.  It was not necessary.  The                 
 membership of all committees included minority members, therefore,            
 the minority would be informed.                                               
                                                                               
 CHAIR JAMES called for a roll call vote.  Representatives James,              
 Berkowitz and Ivan voted in favor of the motion.  Representatives             
 Dyson and Vezey voted against the motion.  Representatives Elton              
 and Hodgins were not present to vote.  The conceptual amendment               
 passed.                                                                       
                                                                               
 Number 0964                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained he would give his amendments and           
 concerns to Representative Rokeberg in hopes that they would be               
 considered and discussed at some time down the line.                          
                                                                               
 REPRESENTATIVE ROKEBERG stated he would be happy to do so.                    
                                                                               
 Number 0991                                                                   
                                                                               
 REPRESENTATIVE DYSON moved that HCR 9, as amended, move from the              
 committee with individual recommendations and the attached fiscal             
 note(s).  There was no objection, CSHCR 9(STA) was so moved from              
 the House State Affairs Standing Committee.                                   
                                                                               

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