Legislature(2005 - 2006)CAPITOL 106

04/28/2005 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 22 90-DAY LEGISLATIVE SESSION TELECONFERENCED
Moved CSHB 22(STA) Out of Committee
+ HB 161 REEMPLOYMENT OF RETIREES TELECONFERENCED
Moved CSHB 161(STA) Out of Committee
*+ HB 283 AK HOUSING FINANCE CORP BOARD COMP. TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB  22-90-DAY LEGISLATIVE SESSION                                                                                             
                                                                                                                                
CHAIR  SEATON announced  that  the first  order  of business  was                                                               
HOUSE BILL NO. 22, "An Act  relating to the terms of legislators,                                                               
to a  90-day regular session of  the legislature, to the  date of                                                               
convening  a regular  session, and  to procedures  of legislative                                                               
committees  during the  interim; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
8:10:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RALPH   SAMUELS,   Alaska   State   Legislature,                                                               
presented  HB 22,  as  co-sponsor.   He  noted  that the  current                                                               
legislative  session is  nearing its  end for  the year  and many                                                               
bills  are stacked  up.   However, he  said he  doesn't think  it                                                               
would matter what the length of  the session is; it is always the                                                               
dynamic choice  to save many bills  until the end.   He mentioned                                                               
getting  younger people  involved in  the legislature.   He  said                                                               
it's  difficult  for  people  with full-time  jobs  to  serve  as                                                               
legislators or legislative  staff if they have  jobs already, and                                                               
shortening the session may help.   Furthermore, holding a shorter                                                               
session would  save money -  an estimated $1 million  in staffing                                                               
and per diem  costs.  Representative Samuels  opined, "I honestly                                                               
believe that more laws aren't necessarily a good thing."                                                                        
                                                                                                                                
8:12:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS  presented what  he described  as probably                                                               
the only  legitimate argument against  HB 22:   "Constitutionally                                                               
speaking,"  he said,  "the  State  of Alaska  has  a very  strong                                                               
governor ..., and as long as  we're here, we have more power over                                                               
what that  office does."  He  countered, "The reality is  that if                                                               
something  particularly egregious  happens,  we  can always  call                                                               
ourselves back into session with our own agenda.                                                                                
                                                                                                                                
8:12:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS  noted that in the  original bill version,                                                               
he and  Senator Guess had included  ways to "do a  whole lot more                                                               
during the  Interim."   For example,  he said  the start  date of                                                               
session  could be  flexible.   Committees could  meet in  various                                                               
locations around  the state, although  bills could not  be passed                                                               
to  another committee  outside of  session  without altering  the                                                               
Uniform  Rules.   He  indicated  that  a simpler  version  exists                                                               
[labeled, 24-LS0163\A,  Cook, 11/15/04],  and he  said it  is his                                                               
preference to choose the simpler bill and work from there.                                                                      
                                                                                                                                
8:14:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS directed attention  to a chart included in                                                               
the  committee   packet  [entitled,  "ALASKA   STATE  LEGISLATURE                                                               
SESSION LENGTH AND PERCENTAGE OF  DAYS WITH FLOOR SESSIONS, 1981-                                                               
2000"].    He  noted  that   the  total  "days  in  session"  are                                                               
approximately only 60 percent.   He said, "I ... personally would                                                               
rather come  a month later and  work on Saturdays."   He spoke of                                                               
the cost to go home for visits on weekends.                                                                                     
                                                                                                                                
8:15:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  stated that  he is amazed  at the  amount of                                                               
work that goes on in the legislature.                                                                                           
                                                                                                                                
8:15:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS   clarified  that  he  thinks   that  all                                                               
legislators  and staff  work hard.   He  said, "Having  a citizen                                                               
legislature  that is  not  near the  population  center ...,  you                                                               
can't have a  job working for somebody else and  come down and do                                                               
this."  He said he thinks  shortening the length of a legislative                                                               
session will "increase the pool of people that can participate."                                                                
                                                                                                                                
8:17:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  said  there   is  a  stereotype  that  [the                                                               
legislature] doesn't  do anything,  yet he has  experienced being                                                               
too busy to see constituents who try to visit him.                                                                              
                                                                                                                                
8:17:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON noted,  for example,  that one  legislator                                                               
from Fairbanks  owns a plant  nursery and goes home  each weekend                                                               
to  conduct  his business.    He  suggested that  shortening  the                                                               
session   and   working   on    weekends   would   prevent   that                                                               
representative from doing that.                                                                                                 
                                                                                                                                
8:18:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS asked,  "Trying  to run  a business  from                                                               
here, would  you rather have  every weekend, or would  you rather                                                               
have an  extra month?"   He said his  own employer allows  him to                                                               
leave during  session, and he said  he could not to  afford to do                                                               
so otherwise.                                                                                                                   
                                                                                                                                
8:19:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS noted  that in  the past,  the legislature                                                               
"was  made up  mostly  of  young people"  and  the  pay was  much                                                               
higher.   Today, he indicated,  legislators get paid  less; their                                                               
pay  is  equivalent  to  that  of a  page.    He  recommended  to                                                               
Representative Samuels that if he  wants to see more young people                                                               
in the legislature, then the pay scale needs to be raised.                                                                      
                                                                                                                                
REPRESENTATIVE SAMUELS  suggested that  that step could  be taken                                                               
up after HB 22.                                                                                                                 
                                                                                                                                
8:20:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS pointed out that  he is a co-sponsor of the                                                               
bill.  He  named some Representatives with various  jobs and some                                                               
of  the  things  that  have  happened  to  businesses  while  the                                                               
Representatives  are away.   He  observed that  there seem  to be                                                               
three  dominate  classes  of  Representatives:    those  who  are                                                               
college graduates,  who may have become  legislative staff before                                                               
becoming legislators;  those who are  retired and offer  a wealth                                                               
of life  experience; and those  who belong to  "an organization."                                                               
The last group struggle to juggle "both lives."                                                                                 
                                                                                                                                
8:24:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SAMUELS,  in   response  to   a  question   from                                                               
Representative Ramras, said  those who would take a  hit from the                                                               
bill would  be those  for whom the  legislature is  their living,                                                               
because the already meager paycheck would be further reduced.                                                                   
                                                                                                                                
8:26:09 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON said he is trying  to weigh the benefits of having a                                                               
shorter  session and  then having  more  meetings throughout  the                                                               
year.   He  pointed out  that  the House  State Affairs  Standing                                                               
Committee has already been meeting Saturdays.                                                                                   
                                                                                                                                
8:27:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS  said,  "I  believe it'd  be  a  separate                                                               
debate  on  every question."    He  opined that  the  legislature                                                               
doesn't need  to conduct every  overview in  Juneau.  He  said he                                                               
and Senator  Guess discussed  a constitutional  problem regarding                                                               
when to swear in the Representatives.   He said, "We believe that                                                               
we should  swear in the  new legislators  when [we] swear  in the                                                               
governor."   He explained  that that  would give  new legislators                                                               
more time to  get their feet wet.  He  surmised that the turnover                                                               
in the House is 15 percent.                                                                                                     
                                                                                                                                
8:30:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG responded  that  he  thinks people  are                                                               
staying  longer,  perhaps  serving  an average  of  eight  years,                                                               
whereas earlier they served an average of four.                                                                                 
                                                                                                                                
8:30:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS stated  that there will be  "push back" on                                                               
having  meetings  in  Anchorage  by the  community  of  [Juneau],                                                               
because the perception will be that  the bill is one step towards                                                               
moving the legislature.   He said he doesn't  believe that that's                                                               
true.                                                                                                                           
                                                                                                                                
8:31:21 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON, regarding allowing time  for new legislators to get                                                               
their feet  wet, said the  House has to  organize and vote  for a                                                               
committee  chair  and  speaker.    He  queried,  "Until  that  is                                                               
accomplished,  there   really  isn't   anybody  to   conduct  ...                                                               
meetings, is there?"                                                                                                            
                                                                                                                                
8:31:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS   said  that's  a  good   question.    He                                                               
suggested, "You gavel  in, have the committee  on committees, and                                                               
take a  day."  He indicated  that it could be  decided whether it                                                               
is even necessary to come to Juneau for that purpose.                                                                           
                                                                                                                                
8:32:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  observed  that when  redistricting  occurs,                                                               
greater numbers  of new legislators  are a result.   He estimated                                                               
that the last time that happened there were 13-14 new people.                                                                   
                                                                                                                                
8:33:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  said one of  the most important  parts of                                                               
being a new legislator is hiring  and learning to use staff.  She                                                               
said it seems  that reducing the session to 90  days would reduce                                                               
the pool of staff that would be available.                                                                                      
                                                                                                                                
8:34:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS said he did  not [keep] the idea of having                                                               
legislators  sworn in  early  in  the bill,  because  there is  a                                                               
problem of overlap;  the legislator on the way  out doesn't leave                                                               
until January  15, while the  one coming in  would - if  sworn in                                                               
early  - be  in office  in December.   Regarding  staff, he  said                                                               
there may  be problems to  debate.  He  noted that some  staff is                                                               
year-round.  He  indicated that the bill - in  it's simple form -                                                               
asks, "Can we do a more efficient job down here?"                                                                               
                                                                                                                                
8:35:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG,  referring   to  the   original  bill                                                               
version, said  he strongly supports Section  5 [regarding holding                                                               
meetings during the interim].   He said, "Regardless of where the                                                               
capital is,  we've got  to bring the  legislature to  the people;                                                               
the state's too big not to do that."                                                                                            
                                                                                                                                
8:38:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SAMUELS,   in   response  to   a   request   for                                                               
clarification, said  [Version 24-LS0163\A, Cook,  11/15/04, which                                                               
at this  point was not adopted  as a work draft],  was simplified                                                               
to only change the number of days in a session to 90.                                                                           
                                                                                                                                
8:39:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  Representative  Samuels  if  he                                                               
would  oppose  including  Section   5  [from  the  original  bill                                                               
version].                                                                                                                       
                                                                                                                                
8:39:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS said he would not.                                                                                       
                                                                                                                                
8:39:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS indicated  that  it is  more difficult  to                                                               
schedule for shorter  periods of time.  For  example, he surmised                                                               
that it  would be hard  for the chair  of the committee  to "lose                                                               
one of his packers in the  middle of packing season" in order for                                                               
that packer  to attend a legislative  hearing.  He said  he would                                                               
rather have  a longer  session and meet  around the  state during                                                               
the session,  than to  try to  meet around  the state  during the                                                               
interim.                                                                                                                        
                                                                                                                                
8:40:45 AM                                                                                                                    
                                                                                                                                
JEAN WOODS, testifying  on behalf of herself,  told the committee                                                               
that  she has  been  an  observer of  government  in Alaska  from                                                               
territorial days  when there  were sessions  that lasted  60 days                                                               
every  other year.    She  stated her  support  of having  90-day                                                               
sessions.   She explained, "I think  that you would make  ... the                                                               
legislature available to  people that have to work  for a living.                                                               
It's easier to get away for a quarter  of the year than it is for                                                               
a third of the  year."  In response to a  remark by Chair Seaton,                                                               
she   expressed  her   appreciation   of   the  sacrifices   that                                                               
legislators make to serve the state.                                                                                            
                                                                                                                                
8:43:03 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON,  ascertaining  that  there  was  no  one  else  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
8:43:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to adopt a  committee substitute (CS),                                                               
labeled 24-LS0163\A, Cook,  11/15/04, as a work draft.   [This is                                                               
an  unnumbered piece  of  legislation  that is  being  used as  a                                                               
committee substitute.]                                                                                                          
                                                                                                                                
CHAIR SEATON objected for discussion purposes.                                                                                  
                                                                                                                                
8:44:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER   said,  "I  think   that  Representative                                                               
Samuels' suggestion that this might  be the simplest way to start                                                               
the process  and then discuss all  the issues that fall  out from                                                               
it separately is wise."                                                                                                         
                                                                                                                                
8:44:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  said,  "It  seems  to  me  that  it's  very                                                               
difficult if  you parcel this  out, because  I don't see  how you                                                               
can do  this without  addressing the  other issues  here; they're                                                               
all part and parcel of the same problem."                                                                                       
                                                                                                                                
8:45:14 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  if  Representative Lynn  would  like him  to                                                               
maintain his objection so that the committee would hold a roll-                                                                 
call vote.                                                                                                                      
                                                                                                                                
8:45:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN answered no.                                                                                                
                                                                                                                                
8:45:27 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  removed his  objection.   Therefore, Version  A was                                                               
before the committee.                                                                                                           
                                                                                                                                
8:45:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  he is not "a great fan  of the 90-                                                               
day session."  He reemphasized his  support of Section 5 from the                                                               
original bill version.                                                                                                          
                                                                                                                                
8:46:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS said  he thinks it's probably  a good idea                                                               
[to meet  during interim]  whether or  not session  is shortened.                                                               
In response to a question  from Representative Gruenberg, he said                                                               
he would  have a second bill  drafted over the interim  and limit                                                               
the discussion at hand to the concept of the 90-day session.                                                                    
                                                                                                                                
8:47:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said he would  like to sponsor that bill                                                               
when it  is drafted.  He  mentioned that thought should  be given                                                               
regarding  how  many  days  notice would  be  given  for  interim                                                               
meetings.                                                                                                                       
                                                                                                                                
8:47:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS stated:                                                                                                   
                                                                                                                                
     This is how Oregon started,  you know.  First they were                                                                    
     ...  paying too  much, so  they cut  the salaries,  and                                                                    
     they were spending too much  time meeting, and they cut                                                                    
     that  back  ...  [repeatedly],  and  now  they're  into                                                                    
     referendum government  and they're  in a  terrible mess                                                                    
     down there.   So, I think there's more than  one way of                                                                    
     looking  at  this.    I see  this  as  heading  towards                                                                    
     referendum,   which   is   bad  [emphasis   on   "bad"]                                                                    
     government.   I'll support moving it  out of committee,                                                                    
     but in general I don't think I'll support it.                                                                              
                                                                                                                                
8:48:13 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON said  scheduling meetings  in  the interim  becomes                                                               
difficult, and  if a  90-day session  was adopted,  more meetings                                                               
would have  to be scheduled  during the interim.   He said  he is                                                               
not  sure   that  would  allow  for   continuity  of  discussion.                                                               
Regarding  Representative   Samuels'  previous  mention   of  the                                                               
balance  between the  legislature and  the governor,  he said  he                                                               
thinks the bill would "shift  things towards the administration."                                                               
Notwithstanding that,  he said he  would will support  moving the                                                               
proposed legislation out of committee.                                                                                          
                                                                                                                                
8:50:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he  sees a  benefit  in  holding                                                               
meetings during the  interim:  There would be  the opportunity of                                                               
people seeing their  legislators in action around  the state, and                                                               
people would have the ability to get involved.                                                                                  
                                                                                                                                
8:51:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS reiterated his support of the bill.                                                                       
                                                                                                                                
8:52:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  moved  to  report CSHB  22,  Version  24-                                                               
LS0163\A,  Cook,  11/15/04,  out of  committee  [with  individual                                                               
recommendations and the accompanying  fiscal notes].  There being                                                               
no objection,  CSHB 22(STA) was  reported out of the  House State                                                               
Affairs Standing Committee.                                                                                                     
                                                                                                                                

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