Legislature(2009 - 2010)CAPITOL 106

03/23/2010 08:00 AM STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 53 CANDIDATES INELIGIBLE FOR BDS/COMMISSIONS TELECONFERENCED
Heard & Held
+ HB 284 PIONEERS HOME RX DRUG BENEFIT TELECONFERENCED
Scheduled But Not Heard
*+ HB 128 INTRODUCTION OF MEASURES/FISCAL NOTES TELECONFERENCED
Heard & Held
*+ HCR 8 UNIFORM RULES: MEASURE SPONSORS/READINGS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HCR  8-UNIFORM RULES: MEASURE SPONSORS/READINGS                                                                     
                                                                                                                                
[Contains discussion of HB 128.]                                                                                                
                                                                                                                                
8:30:59 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  next order to business  was HOUSE                                                               
CONCURRENT RESOLUTION NO. 8, Proposing  amendments to the Uniform                                                               
Rules  of the  Alaska State  Legislature relating  to withdrawing                                                               
measures, to sponsors of measures,  to prefiling measures, and to                                                               
the three readings of bills.                                                                                                    
                                                                                                                                
8:31:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to adopt  the  proposed  committee                                                               
substitute (CS),  Version 26-LS0366\P,  Cook, 1/29/10, as  a work                                                               
draft.                                                                                                                          
                                                                                                                                
CHAIR LYNN objected for discussion purposes.                                                                                    
                                                                                                                                
8:33:09 AM                                                                                                                    
                                                                                                                                
TIM  MADSEN, Staff,  Representative Max  Gruenberg, Alaska  State                                                               
Legislature, explained the proposed changes  to HCR 8 that are in                                                               
Version  P.   The first  change,  he related,  occurs in  Section                                                               
2(b), on page 2, lines 18-23,  where the terms prefiled bills and                                                               
bills  have  been  changed to  prefiled  measures  and  measures,                                                               
respectively.   He noted the same  change occurs on page  3, line                                                               
6.                                                                                                                              
                                                                                                                                
8:34:14 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN removed  his objection  to  the motion  to adopt  the                                                               
proposed  committee substitute  (CS), Version  26-LS0366\P, Cook,                                                               
1/29/10,  as  work draft.    There  being no  further  objection,                                                               
Version P was before the committee.                                                                                             
                                                                                                                                
8:34:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, sponsor,  related that  the intent  of                                                               
the bill  is to provide  a vehicle  for legislators to  put forth                                                               
ideas regarding  how to  improve the  way the  legislature works.                                                               
He said the structure of the  legislature is found in statute and                                                               
in Uniform Rules.  The  proposed resolution addresses the Uniform                                                               
Rules.  He reminded committee  members that it takes a two-thirds                                                               
vote  in  both  the  Senate  and  House  to  adopt  a  concurrent                                                               
resolution.   He said  he is  not in a  rush to  move HCR  8, and                                                               
suggested  that a  forum could  take place  over the  interim, at                                                               
which time the members of the  legislature could be polled to see                                                               
what they  would like to see  in the resolution.   Then, he said,                                                               
the resolution could be brought back next year.                                                                                 
                                                                                                                                
8:37:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  directed   attention  to  a  sectional                                                               
analysis included  in the  committee packet.   He said  Section 1                                                               
concerns the withdrawing of measures  and would amend Rule 27(b).                                                               
He explained  that a measure could  be a bill or  resolution.  He                                                               
offered his understanding  that under current law,  a measure can                                                               
be withdrawn  by its sponsor  even after passing the  other body,                                                               
"if it  comes back  for concurrence."   He  said there  are other                                                               
options,  such as  voting the  measure  down, keeping  it in  the                                                               
limbo  file, assigning  a conference  committee,  or refusing  to                                                               
concur,  but  he opined  that  it  is  unfair  to be  allowed  to                                                               
withdraw the  measure at  that late  date, because  that "divests                                                               
the other house  of any ability to, for example,  recede from its                                                               
amendment."                                                                                                                     
                                                                                                                                
CHAIR LYNN asked if "this situation" has ever actually happened.                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG answered that he does not know.                                                                        
                                                                                                                                
8:40:45 AM                                                                                                                    
                                                                                                                                
TAM  COOK, Director,  Legislative  Legal  and Research  Services,                                                               
Legislative  Affairs Agency,  recalled that  that type  of motion                                                               
has been made.   In one or  two cases, the House  has declined to                                                               
allow the sponsor to withdraw the  bill, and in a couple of other                                                               
cases  negotiations  were  made  so  that  someone  else  stepped                                                               
forward  and agreed  to  carry the  bill.   She  said she  cannot                                                               
recollect a  time when the  bill was actually withdrawn,  but she                                                               
said it may have happened.                                                                                                      
                                                                                                                                
CHAIR LYNN  asked Ms. Cook,  "Is it  feasible, could it  be done,                                                               
and  would you  think that'd  be an  appropriate thing  to do  or                                                               
not?"                                                                                                                           
                                                                                                                                
MS. COOK answered as follows:                                                                                                   
                                                                                                                                
     I  think it's  probably  appropriate that  it be  done.                                                                    
     What ... this  would do is prevent placing  the body in                                                                    
     the  awkward  circumstance of  having  to  deal with  a                                                                    
     member who wishes to withdraw the bill.                                                                                    
                                                                                                                                
MS.  COOK  said usually  someone  will  withdraw sponsorship  and                                                               
someone else will step in as sponsor.  She continued as follows:                                                                
                                                                                                                                
     The  downside  from the  point  of  view of  individual                                                                    
     legislators, of  course, is  that some  legislators may                                                                    
     feel so  unhappy with what  the second house does  to a                                                                    
     bill, that they actually are  trying to remove the bill                                                                    
     as a  vehicle.   This ... approach  that Representative                                                                    
     Gruenberg   is    suggesting,   would    prevent   that                                                                    
     possibility.                                                                                                               
                                                                                                                                
CHAIR LYNN  said a legislator can  always choose to vote  no on a                                                               
concurrence vote.                                                                                                               
                                                                                                                                
MS. COOK affirmed that is true.   She said in her experience, the                                                               
House  has  been  incredibly lenient  about  allowing  people  to                                                               
withdraw as sponsors rather than withdrawing the bill.                                                                          
                                                                                                                                
CHAIR LYNN surmised  that the debate is whether HCR  8 would be a                                                               
better policy than current policy.                                                                                              
                                                                                                                                
8:43:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON said  hypothetically there  may be  a bill                                                               
that was totally stripped by the  other body and filled with text                                                               
with which  the sponsor does  not want  to be associated.   Under                                                               
the proposed  concurrent resolution, the sponsor  would no longer                                                               
have the option to withdraw the measure.                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG said there would  still be the option of                                                               
asking  the majority  leader to  keep  the measure  in the  limbo                                                               
file.                                                                                                                           
                                                                                                                                
CHAIR  LYNN remarked  that that  would be  effective only  if the                                                               
majority leader  thought it was  a good idea.   He said,  "So, if                                                               
that  would  happen to  me,  for  example,  ... I  could  totally                                                               
divorce  myself from  the bill  and  not have  it go  out in  the                                                               
public that I sponsored this bill that I'm totally opposed to."                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG responded that is correct.                                                                             
                                                                                                                                
8:45:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  proffered that  the decision to  be made                                                               
is  whether it  is better  to allow  one member  enough power  to                                                               
withdraw a bill  that has been passed by both  houses or to allow                                                               
that  member to  take his/her  name  off a  measure, while  still                                                               
allowing  the measure  an opportunity  for  concurrence or  final                                                               
passage.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG confirmed that is correct.                                                                             
                                                                                                                                
CHAIR LYNN indicated that the  proposed legislation may be a good                                                               
idea.                                                                                                                           
                                                                                                                                
REPRESENTATIVE PETERSEN responded, "I think it probably is."                                                                    
                                                                                                                                
8:46:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON said  he thinks  the proposed  legislation                                                               
merely clarifies what is already being  done.  Once a bill is out                                                               
of one  body and in another,  the first body cannot  withdraw it.                                                               
He said  the only time it  could be withdrawn is  when it returns                                                               
to the  original body,  at which point  members are  afforded the                                                               
opportunity to change sponsorship.                                                                                              
                                                                                                                                
CHAIR  LYNN said  the proposed  legislation  would guarantee  the                                                               
courtesy.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON said  the  proposed  legislation does  not                                                               
mandate sponsorship  removal, but  he reiterated  that that  is a                                                               
courtesy that has generally been extended.                                                                                      
                                                                                                                                
CHAIR LYNN commented  that sometimes courtesies might  have to be                                                               
enforced.                                                                                                                       
                                                                                                                                
8:48:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  suggested   expanding  the   proposed                                                               
legislation  from  a  "measure  in possession  of  the  house  of                                                           
origin" to a measure  that has been voted on by  the full body or                                                           
passed by the full body.                                                                                                        
                                                                                                                                
8:50:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said he does  not want to see that language                                                               
expanded.   He said  a member  does not get  to withdraw  a bill;                                                               
he/she can make a motion to  withdraw a bill, and then there must                                                               
be consent  through a vote  of that  house to withdraw  the bill.                                                               
He stated,  "If the House doesn't  want to void their  vote, then                                                               
they wouldn't  withdraw the  bill.  So,  I think  the protections                                                               
are already built into the language as it is."                                                                                  
                                                                                                                                
8:50:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN asked  what current  rules a  legislator                                                               
must follow if he/she no longer wishes to sponsor a bill.                                                                       
                                                                                                                                
8:51:26 AM                                                                                                                    
                                                                                                                                
MS.  COOK said  this issue  is  only obliquely  addressed in  the                                                               
Uniform Rules.  She continued as follows:                                                                                       
                                                                                                                                
     However,  it's  been done  very  often  - a  change  of                                                                    
     sponsorship is what we call it  - and it's been done by                                                                    
     ... simple majority  vote of the members  present - the                                                                    
     quorum being  present.  Now,  we do have  one reference                                                                    
     to  changing  the  sponsorship of  a  bill,  and  oddly                                                                    
     enough, it  is the  one amendment that  can be  done in                                                                    
     third  reading, rather  than it  going  back to  second                                                                    
     reading.   Even  in  third reading,  the  body has  the                                                                    
     right to  change, if  it chooses  to by  majority vote,                                                                    
     the sponsorship  of a bill.   Furthermore, we've  got -                                                                    
     in that strange  little rule - a  provision that before                                                                    
     the  bill is  engrossed, it  can be  changed as  to the                                                                    
     sponsorship only.   So, when  it comes  to sponsorship,                                                                    
     by implication  the Uniform Rules are  very, very broad                                                                    
     with respect  to the  ability of the  body to  elect to                                                                    
     change a sponsor.                                                                                                          
                                                                                                                                
MS. COOK,  in response to Chair  Lynn, said there must  be a bill                                                               
sponsor; a  bill cannot  go forward  without one.   Often,  a co-                                                               
sponsor will  step into  the sponsorship  role, when  the sponsor                                                               
drops out of it.                                                                                                                
                                                                                                                                
8:53:33 AM                                                                                                                    
                                                                                                                                
MR. MADSEN directed  attention to a proposed  sentence in Section                                                               
3, on page 2, beginning on line 27, which read as follows:                                                                      
                                                                                                                                
     Measures introduced  by members must have  at least one                                                                
     prime  sponsor or  more than  one joint  prime sponsor,                                                                
     and may have cosponsors.                                                                                               
                                                                                                                                
MR. MADSEN  indicated that  the ensuing  language in  the section                                                               
addresses   the  withdrawal   of   names   from  sponsorship   of                                                               
legislation.                                                                                                                    
                                                                                                                                
8:54:37 AM                                                                                                                    
                                                                                                                                
MS. COOK,  in response to  Representative Gruenberg,  stated that                                                               
it is clear that the  Uniform Rules contemplate that sponsors may                                                               
be changed and that  a bill will have a sponsor.   In response to                                                               
a follow-up question,  she said it may take her  a minute to find                                                               
the specific Uniform Rule.                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG said he would like that in writing.                                                                    
                                                                                                                                
8:55:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  returned to  Section 1, and  he pointed                                                               
to  language  [on  page  1,  lines  12-14],  which  specifies  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Only the  prime sponsor of  the measure, a  joint prime                                                                
     sponsor  of the  measure  with agreement  of all  other                                                                
     joint  prime sponsors,  or the  chair of  the committee                                                                
     that introduced the measure may move to withdraw it.                                                                   
                                                                                                                                
8:57:20 AM                                                                                                                    
                                                                                                                                
MR. MADSEN  directed attention to  Section 2, which  is explained                                                               
in the sectional analysis [included  in the committee packet], as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Section  2 deals  with the  prefiling  of measures  and                                                                  
     amends Rule 36.  It  amends the number of measures that                                                                    
     a  member or  member-elect  may prefile  as either  the                                                                    
     sole prime  sponsor or joint prime  sponsor.  According                                                                    
     to the current  rule a member may only be  the prime or                                                                    
     joint prime sponsor  on a total of  ten prefiled bills.                                                                    
     Under  the new  rule a  member  may be  the sole  prime                                                                    
     sponsor of ten prefiled  measures, plus the joint prime                                                                    
     sponsor of an additional 20 measures.                                                                                      
                                                                                                                                
8:58:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG stated  that when  bills are  prefiled,                                                               
they are  made available to  the public  and to other  members of                                                               
the legislature several  days before session begins,  and he said                                                               
it would  be a  good idea to  get more done  in prefiling  to get                                                               
things going earlier  in the session when there is  "not a lot of                                                               
substantive stuff going on."                                                                                                    
                                                                                                                                
9:00:39 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN proffered  that prefiling  allows  the discussion  to                                                               
begin between the legislature and  the public, which can expedite                                                               
any amendments needed.                                                                                                          
                                                                                                                                
9:01:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  questioned   if  this  would  adversely                                                               
affect the workload of Legislative Legal and Research Services.                                                                 
                                                                                                                                
9:01:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said resolutions  can be "signed  right to                                                               
the floor."  He said he  is questioning whether [Section 2] would                                                               
be efficient  or whether it  would "interject a lot  of emotional                                                               
things instead of ... real policies into the prefiling time."                                                                   
                                                                                                                                
9:03:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG,  regarding the question  of Legislative                                                               
Legal and Research Services' workload,  said whether a measure is                                                               
prefiled or  goes "into the hopper"  on the first day  of session                                                               
does not affect when the work  is done, but allowing the proposed                                                               
prefiling would "encourage  them to spread the work  out a little                                                               
more"  and  allow  committee  chairs,  who  are  generally  named                                                               
following  the   November  election,  to  start   planning  their                                                               
schedules.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG  stated  that  currently  there  is  no                                                               
requirement that a  House resolution be referred  to a committee,                                                               
and he said he thinks  the committee should consider amending the                                                               
rules  to require  even House  resolutions  to be  referred to  a                                                               
standing committee.                                                                                                             
                                                                                                                                
9:06:56 AM                                                                                                                    
                                                                                                                                
MR. MADSEN  said Section 2  would allow members elect  to request                                                               
the prefiling of measures.                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  in  response   to  Chair  Lynn,  said                                                               
Section 2 would clarify that this would be allowed.                                                                             
                                                                                                                                
9:08:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  offered his understanding that  it has not                                                               
been the policy that members,  before being sworn in, can sponsor                                                               
a measure.                                                                                                                      
                                                                                                                                
CHAIR LYNN said he thinks he did so.                                                                                            
                                                                                                                                
9:08:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN recollected  that he  was a  joint prime                                                               
sponsor on a couple measures before being sworn in.                                                                             
                                                                                                                                
9:09:31 AM                                                                                                                    
                                                                                                                                
MR. MADSEN said Section 2 would  allow a member or a member-elect                                                               
to be  the sole  prime sponsor  of no more  than 10  measures and                                                               
joint prime sponsor of an additional 20 measures for prefiling.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG explained  that currently  a legislator                                                               
can have his/her name on only 10 pre-filed measures.                                                                            
                                                                                                                                
CHAIR  LYNN asked  what the  reason is  for limiting  joint-prime                                                               
sponsorship.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON indicated  that  limits  are necessary  so                                                               
that  the legislature  is not  inundated with  bills.   He opined                                                               
that 10 prefiled bills is quite a few for one legislator.                                                                       
                                                                                                                                
CHAIR LYNN  remarked that even with  prefiling, legislators still                                                               
file bills during session up until almost the end of session.                                                                   
                                                                                                                                
9:13:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  said he  believes  the  reason for  the                                                               
limit on  the number of bills  that a legislator can  bring forth                                                               
as prime  sponsor is  that it  takes so  much time  to adequately                                                               
carry a bill  through the process.  However, he  said he does not                                                               
understand what benefit there would  be in limiting the number of                                                               
measures for which legislator may be a joint prime sponsor.                                                                     
                                                                                                                                
CHAIR  LYNN said  typically the  joint prime  sponsors "don't  do                                                               
that much."                                                                                                                     
                                                                                                                                
9:14:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON opined the problem  is that the joint prime                                                               
sponsors legally own the bill  on which their names are attached;                                                               
if they  are not doing the  work, they should not  be joint prime                                                               
sponsors.   He indicated  that he has  an issue  with encouraging                                                               
legislators  to attach  their names  to numerous  bills by  title                                                               
during pre-filing,  rather than  signing on  to "the  active bill                                                               
itself."     He  recollected   that  Representative   Doogan  had                                                               
previously stated that  he wants to ensure there is  not too much                                                               
political process.   Representative Seaton warned  that without a                                                               
limit  on the  number of  bills, there  could be  a situation  in                                                               
which a  lot of bills are  filed for constituents by  request and                                                               
the legislator is not focusing on the most important issues.                                                                    
                                                                                                                                
9:16:06 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN   asked  if  there   are  specific   rules  regarding                                                               
legislation requested by constituents.                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG said he would  find out.  He mentioned a                                                               
former legislator who, during a  single term, submitted 75 bills.                                                               
He  said legislators  could still  submit that  many, but  not as                                                               
pre-filed measures.  He questioned why  the ability to be a joint                                                               
prime sponsor is limited to pre-filed measures.                                                                                 
                                                                                                                                
CHAIR LYNN said he would like the committee to consider that.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG said being  a prime sponsor, joint prime                                                               
sponsor,  or   co-sponsor  indicates  a  legislator's   level  of                                                               
involvement.                                                                                                                    
                                                                                                                                
CHAIR  LYNN  noted that  there  are  also measures  sponsored  by                                                               
committees, and  either the chair  or "one very active  member of                                                               
the  committee" could  use  a  committee bill  to  put a  measure                                                               
through if  he/she does not  want his/her name attached  for some                                                               
reason or  it is  past the cut-off  date for  submitting personal                                                               
bills.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   GRUENBERG    indicated   that    he   encourages                                                               
legislators to seek out joint prime sponsorship.                                                                                
                                                                                                                                
9:19:24 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN said there has  been some discussion related to having                                                               
a limit on  the number of bills  that a legislator can  file.  He                                                               
said  he   is  philosophically   opposed  to  that,   because  he                                                               
represents  his constituents  and wants  to bring  forth measures                                                               
when needed.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG concurred.                                                                                             
                                                                                                                                
9:19:54 AM                                                                                                                    
                                                                                                                                
MR.  MADSEN  directed  attention  to Section  3,  which  he  said                                                               
addresses  the  issue of  sponsorship  of  legislation and  would                                                               
amend  Uniform  Rule 37(a).    He  highlighted the  proposed  new                                                               
language on  page 2 line 27,  through page 3, line  2, which read                                                               
as follows:                                                                                                                     
                                                                                                                                
     Measures introduced  by members must have  at least one                                                                
     prime  sponsor or  more than  one joint  prime sponsor,                                                                
     and may have cosponsors.   After introduction, when the                                                                
     measure is  in the  possession of  the house  of origin                                                                
     and with approval of the  prime sponsor or of all joint                                                                
     prime  sponsors, additional  members  may  be added  as                                                                
     joint  prime  sponsors  or as  cosponsors.    When  the                                                                
     measure is  in the  possession of  the second  house, a                                                                
     member of  that house may  be added as  cross cosponsor                                                                
     with the approval of the  prime sponsor or of all joint                                                                
     prime sponsors.                                                                                                        
                                                                                                                                
9:20:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  observed that the proposed  language would                                                               
mean that  no one could  sign up  to cosponsor a  measure without                                                               
the  approval  of  the  prime  sponsor or  all  the  joint  prime                                                               
sponsors.                                                                                                                       
                                                                                                                                
CHAIR LYNN questioned what the purpose of that would be.                                                                        
                                                                                                                                
9:21:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  responded  that  there  is  a  related                                                               
amendment prepared for  [HB 128], which would  give the committee                                                               
a choice as to  whether or not it should be  necessary to get the                                                               
approval of  all the [joint]  prime sponsors.  He  suggested that                                                               
that amendment could be used for HCR 8, as well.                                                                                
                                                                                                                                
CHAIR LYNN recollected  that he had had experience  being told he                                                               
could not sign onto a bill as a  cosponsor.  He said he could not                                                               
recollect what the ruling on that was.                                                                                          
                                                                                                                                
9:23:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said  currently in order to  sign up during                                                               
prefiling as a [joint prime  sponsor], a legislator must have the                                                               
okay of the prime sponsor  or joint prime sponsors already signed                                                               
on to the measure.   Traditionally, legislators have been allowed                                                               
to sign up  as cosponsors after the measure  has been introduced.                                                               
He offered his understanding that  under the proposed language, a                                                               
legislator would  not be allowed to  sign up as a  cosponsor of a                                                               
measure already  introduced without  the permission of  the prime                                                               
sponsor or joint prime sponsor of the legislation.                                                                              
                                                                                                                                
9:24:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said he wants  to flag this language for                                                               
consideration.                                                                                                                  
                                                                                                                                
9:24:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  directed attention to  further language                                                               
that would be  added to Section 3, on page  3, lines 10-12, which                                                               
read as follows:                                                                                                                
                                                                                                                                
       A member may move to withdraw the member's name as                                                                   
      sponsor of a measure when it is in possession of the                                                                  
     house in which it was introduced.                                                                                      
                                                                                                                                
MR. MADSEN,  in response  to Representative  Gruenberg, explained                                                               
that Rule  27 addresses  the withdrawal  of measures,  while [the                                                               
aforementioned  language] address  the withdrawal  of sponsorship                                                               
of measures.                                                                                                                    
                                                                                                                                
9:25:58 AM                                                                                                                    
                                                                                                                                
MR. MADSEN directed attention to  Section 4, page 3, lines 13-24,                                                               
which addresses first reading of a measure.                                                                                     
                                                                                                                                
9:26:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  noted that  there  is  a requirement  [in                                                               
Section 1]  that a measure  may be withdrawn  [before transmittal                                                               
to the  other body] if  consent is given  by "a majority  vote of                                                               
the full  membership".  He said  the language in Section  3, page                                                               
3, lines 10-12 [text  provided previously], addresses withdrawing                                                               
a sponsor, and  he observed that this language  does not indicate                                                               
whether approval  of a majority  of the applicable body  would be                                                               
necessary.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG  responded  that   a  motion  would  be                                                               
required to withdraw a sponsor's name.                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON  opined that  the intent should  be clearly                                                               
stated.                                                                                                                         
                                                                                                                                
9:28:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said a  motion requires "a  majority of                                                               
those present."                                                                                                                 
                                                                                                                                
9:28:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said Sections  4 and 5  have engendered                                                               
some debate,  and he  just wanted  to introduce  them today.   He                                                               
said  the Constitution  of the  State of  Alaska mandates  that a                                                               
bill  be read  three times,  which  has been  interpreted in  the                                                               
Rules  to require  the  title.   He  said  the  purpose of  these                                                               
provisions is "so  that things are not rushed  through and people                                                               
know what's before the body."   He said bill titles are sometimes                                                               
very long, and  the clerk has to  read the whole title.   He said                                                               
[Section 4]  would allow  the presiding  officer to  truncate the                                                               
bill title  when appropriate.   He  said he  does not  think that                                                               
would be unconstitutional.                                                                                                      
                                                                                                                                
CHAIR LYNN said that may lead to some problems.                                                                                 
                                                                                                                                
9:31:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  suggested that  Representative Gruenberg's                                                               
proposal be considered for only the third reading.                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked,  "Would the  members like  me to                                                               
strike that section or limit it to the first or just leave it?"                                                                 
                                                                                                                                
9:32:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  concurred  with  Representative  Seaton                                                               
regarding the  importance of reading  the full title at  least at                                                               
first reading.                                                                                                                  
                                                                                                                                
9:33:02 AM                                                                                                                    
                                                                                                                                
MR.  MADSEN related  that  current rules  allow  for "the  second                                                               
reading  to occur  in  the  same manner  as  the first  reading";                                                               
therefore,  if the  first reading  was the  full title,  then the                                                               
second would be also.                                                                                                           
                                                                                                                                
REPRESENTAIVE  GRUENBERG reiterated  that  Section 4  [of HCR  8]                                                               
could be deleted.                                                                                                               
                                                                                                                                
CHAIR  LYNN  suggested that  a  subcommittee  could work  on  the                                                               
issue.                                                                                                                          
                                                                                                                                
9:34:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to  adopt Amendment 1,  to delete                                                               
Section 4.  There being no objection, Amendment 1 was adopted.                                                                  
                                                                                                                                
9:35:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to adopt Amendment  2, which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 3 line 11                                                                                                             
     After "sponsor" insert                                                                                                     
     ",joint prime sponsor or cosponsor"                                                                                    
     After "in" insert                                                                                                          
     "the"                                                                                                                  
     Page 3 line 12                                                                                                             
     After "introduced." Insert                                                                                                 
      A member may move to withdraw the member's name as a                                                                  
        cross-co-sponsor of a measure when it is in the                                                                     
     possession of the second house.                                                                                        
                                                                                                                                
9:35:29 AM                                                                                                                    
                                                                                                                                
MR. MADSEN  said Amendment  2 would clarify  that a  member could                                                               
move to withdraw a member's name,  whether or not the member is a                                                               
sponsor,  joint  prime sponsor,  or  cosponsor.   It  would  also                                                               
include the term "cross-co-sponsor".                                                                                        
                                                                                                                                
CHAIR  LYNN asked  if there  was  any objection  to Amendment  2.                                                               
There being none, it was so ordered.                                                                                            
                                                                                                                                
9:36:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG brought  up  the question  of how  many                                                               
members it takes to move a bill out of committee.                                                                               
                                                                                                                                
CHAIR  LYNN  suggested  Representative  Gruenberg  work  on  that                                                               
issue.                                                                                                                          
                                                                                                                                
9:36:55 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN reiterated  that a subcommittee may be  formed to work                                                               
on this issue over the interim.                                                                                                 
                                                                                                                                
9:37:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said if [HCR  8] is heard again,  he would                                                               
have an amendment  prepared that would "remove the  extra 20" co-                                                               
prime sponsors.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  questioned why  that could not  be done                                                               
forthwith.                                                                                                                      
                                                                                                                                
CHAIR LYNN  said he would rather  not address an amendment  on an                                                               
issue worthy  of discussion  when so  many committee  members are                                                               
absent.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  permission to  have a  committee                                                               
substitute prepared "with the two amendments in it."                                                                            
                                                                                                                                
CHAIR LYNN said yes.                                                                                                            
                                                                                                                                
9:38:05 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced that HCR 8 was held over.                                                                                  
                                                                                                                                
          HB 128-INTRODUCTION OF MEASURES/FISCAL NOTES                                                                      
                                                                                                                                
[Contains discussion of HCR 8.]                                                                                                 
                                                                                                                                
9:38:14 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL NO.  128, "An Act  relating to introduction of  measures and                                                               
to fiscal notes for measures."                                                                                                  
                                                                                                                                
9:38:28 AM                                                                                                                    
                                                                                                                                
TIM  MADSEN, Staff,  Representative Max  Gruenberg, Alaska  State                                                               
Legislature,  presented  HB  128   on  behalf  of  Representative                                                               
Gruenberg, sponsor.   He directed  attention to Section  1, which                                                               
would permit  sponsors and joint  prime sponsors to  act together                                                               
to submit  fiscal notes.   Currently, he said, only  sponsors are                                                               
allowed to introduce fiscal notes on bills and resolutions.                                                                     
                                                                                                                                
9:39:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  interpreted that  under HB 128,  a sponsor                                                               
of  a bill  that  was not  prefiled could  no  longer [submit]  a                                                               
fiscal note.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG,  as sponsor  of HB 128,  suggested that                                                               
an  amendment  could be  made  to  change  the language  to  "the                                                               
sponsor or a joint prime" [sponsor].                                                                                            
                                                                                                                                
9:41:16 AM                                                                                                                    
                                                                                                                                
MR. MADSEN directed attention to  Section 2, beginning on page 1,                                                               
line 9, which  would require the names of the  prime sponsors and                                                               
joint   prime   sponsors  to   appear   on   the  fiscal   notes.                                                               
Furthermore,  it  would require  the  name,  e-mail address,  and                                                               
telephone  number of  the person  who prepares  the fiscal  note.                                                               
Currently, he noted, the e-mail address is not required.                                                                        
                                                                                                                                
MR. MADSEN  moved on to Section  3, which begins on  page 2, line                                                               
17.   He said it  would require that  in addition to  the current                                                               
requirement that a  copy of the fiscal note is  sent to the prime                                                               
sponsor, copies  would also be  sent to  each of the  joint prime                                                               
sponsors.   He directed attention  to Section 4, which  begins on                                                               
page 2,  line 22, and  would permit  a member or  member-elect of                                                               
the  legislature to  prefile.   Section 5,  beginning on  page 3,                                                               
line 3,  would permit  the governor  to introduce  resolutions as                                                               
well as bills, he noted.                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG related that  there have been times when                                                               
the  legislature has  called upon  U.S. Congress  "to do  certain                                                               
things."   He opined that the  governor should have the  power to                                                               
file a resolution.                                                                                                              
                                                                                                                                
9:43:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  directed attention  to  page  3, line  5,                                                               
which adds  "a group  of members"  to those  who may  introduce a                                                           
bill  or resolution.   He  surmised this  means the  bill sponsor                                                               
wants  to  allow  "prime   sponsors  throughout  the  legislative                                                               
session instead of being on prefiled bills."                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG confirmed that is correct.  He                                                                         
explained, "That is concurrent with what we did in the                                                                          
resolution; this marries them up."                                                                                              
                                                                                                                                
CHAIR LYNN remarked that he has found it irritating when he has                                                                 
not been able to get [joint] prime sponsors for legislation he                                                                  
wants to introduce midway through session.                                                                                      
                                                                                                                                
9:44:32 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced that HB 128 was held over.                                                                                 

Document Name Date/Time Subjects
01 HB0128A.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
03 Sectional HB 128.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
10 HB 53- Version E.PDF HSTA 3/23/2010 8:00:00 AM
HB 53
11 HB 53- Summary of Changes in CS Version R to E.PDF HSTA 3/23/2010 8:00:00 AM
HB 53
12 HB 53 Sought Nomination Statutes.pdf HSTA 3/23/2010 8:00:00 AM
HB 53
04 HB 128 Amendment.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
05 HB 128 Updated Sectional.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
06 HB128-LEG-SES-04-6-09.pdf HSTA 4/7/2009 8:00:00 AM
HSTA 3/23/2010 8:00:00 AM
HB 128
07 HB128-LEG-SES-03-22-10.pdf HSTA 3/23/2010 8:00:00 AM
HB 128
CSHCR8-pversion.pdf HSTA 3/23/2010 8:00:00 AM
HCR 8
HCR 8-LEG-SES-03-22-10 (2).pdf HSTA 3/23/2010 8:00:00 AM
HCR 8
HCR 8 Sponsor Statement.pdf HSTA 3/23/2010 8:00:00 AM
HCR 8