05/19/1999 01:07 PM Senate 101

                SB 101-DISASTERS: DEFINITION & FUND                                                                         
                                                                                                                                
CO-CHAIR  GAIL PHILLIPS called  the 2nd Conference  Committee  on SB
 to order at 1:07 p.m.  All members were present.                                                                            
                                                                                                                                
CO-CHAIR  PHILLIPS  noted  the language  that  pertains  to  polling                                                            
legislators  about convening a special  session is ambiguous  to the                                                            
point where the Speaker  of the House or the President of the Senate                                                            
could poll  only his/her  majority  caucus or only  the people  they                                                            
believe will  agree.  She  stated that could  become very  political                                                            
and dangerous.                                                                                                                  
                                                                                                                                
CO-CHAIR MILLER  asked what provision  is in current law.   CO-CHAIR                                                            
PHILLIPS answered  the existing statute  gives the Senate  President                                                            
and the Speaker  of the House the ability to agree  to not convene a                                                            
special  session.    CO-CHAIR  MILLER noted  the  Senate  used  that                                                            
procedure three times last year.                                                                                                
                                                                                                                                
CO-CHAIR PHILLIPS suggested the original language be retained.                                                                  
                                                                                                                                
CO-CHAIR MILLER  noted he does not  want to remove Section  3 in its                                                            
entirety.                                                                                                                       
                                                                                                                                
CO-CHAIR PHILLIPS suggested deleting subsection (B) only.                                                                       
                                                                                                                                
REPRESENTATIVE BARNES asked for clarification.                                                                                  
                                                                                                                                
CO-CHAIR MILLER noted the  committee was reviewing subsection (B) of                                                            
Section  3,  which relates  to  polling  of the  membership  by  the                                                            
presiding officers.                                                                                                             
                                                                                                                                
CO-CHAIR MILLER  announced there was  a motion to remove  subsection                                                            
(B) on page 3.  There being no objection, the motion carried.                                                                   
                                                                                                                                
CO-CHAIR  MILLER stated  the word  "law" as  opposed to "concurrent                                                             
resolution" in Section  2, line 13, needs to be reviewed in relation                                                            
to legislative procedure used to declare an extension.                                                                          
                                                                                                                                
REPRESENTATIVE  GRUSSENDORF  informed  committee  members he  looked                                                            
into the A.L.I.V.E. court  decision which was a separation of powers                                                            
issue in which  a legislative body  was trying to annul regulations                                                             
promulgated  by  the executive  branch.   He  stated  that issue  is                                                            
slightly  different   because  the  Alaska  Legislature   will  have                                                            
appropriated money  for a disaster.  The same number  of votes would                                                            
be necessary to enact a  statute or to pass a concurrent resolution.                                                            
                                                                                                                                
REPRESENTATIVE BARNES agreed  the A.L.I.V.E. decision pertained to a                                                            
legislative  body annulling regulations  with a resolution,  which a                                                            
governor cannot  veto, but she questioned how the  Department of Law                                                            
could tie that case to SB 101.                                                                                                  
                                                                                                                                
REPRESENTATIVE  BARNES moved to delete the word "law"  and reinstate                                                            
"concurrent  resolution."   There  being  no objection,  the  motion                                                            
carried.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  BARNES  moved to  report CCSSB  101 (2d  CC) out  of                                                            
committee.  There being no objection, the motion carried.                                                                       
                                                                                                                                
There being  no further business to  come before the committee,  CO-                                                            
CHAIR MILLER adjourned the meeting at 1:13 p.m.