Legislature(1995 - 1996)
03/08/1996 09:15 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 14 Proposing amendments to the Constitution of the State of Alaska relating to confirmation of appointments of public members who serve on a board or commission involved with managing the assets of the Alaska permanent fund. Co-chairman Halford said this was a constitutional amendment proposal that has gone from a generic version to a permanent fund only version. Senator Donley proposed an amendment that adds public corporations and then allows for that definition to be essentially provided by statute to be drafted as a CS. Senator Rieger objected and referred to the language on line 15 of the amendment. The way the statutory definition is drafted it could be construed to pick and choose what parts of this amendment are to be applicable to the corporation, contort the process, give power to the board to appoint an executive director that is not subject to the approval of the governor or some other combination. The intent was to decide which corporations are in and which are out and if they are in it is an all or nothing deal. It is suggested that the phrase "all or part of" be deleted so that it just reads "...the applicability of this section..." and the word "limit" be changed to "exclude" so that it reads "...the Legislature by law may exclude the applicability of this section...". The presumption is that if it is a corporation that manages assets it is in but a statutory definition may be created to carve corporations out. Senator Donley asked if the interplay between the Legislature and the executive branch regarding corporations might be modified under this rather than just a question whether to confirm or not? Senator Rieger said the way it is written it is the applicability of all or part of this section. It is not all or part of the corporation subject to this section. The section has a lot of provisions in it. It is not only the confirmation, which this is aimed at, but it talks about whether their removal is provided for by law, whether they are citizens of the United States, whether the confirmation occurs in joint session or could we have confirmation in separate sessions. The way it is drafted one could pick and choose what parts of the section could be applied, corporation by corporation. That goes beyond what the amendment was trying to do. Senator Donley explained that with regards to public corporations the Legislature has the authority to set up the parameters of them by statute because they are created by statute. All the others terms and conditions, such as should the governor be allowed to approve the executive officer be removed or do the board members serve at the will of the governor, all that can be set out in statute because they are not constitutional creatures to begin with. Senator Rieger said the actual constitutional provisions regarding confirmation by the Legislature could be modified by statute. Co-chairman Halford said he did not think that was not an intended consequence. Senator Rieger and Senator Donley agreed that it was a reasonable suggestion to deal with that particular amendment. Senator Rieger MOVED the two changes as an amendment to amendment #1 and without objection and the amendment to amendment #1 was ADOPTED. Co-chairman Halford said there being no objection to the original amendment it was therefore ADOPTED and that it would be drafted as CSSSSJR 14(FIN). As do most constitutional amendments there is a required $2.2 fiscal note to put them on the ballot and that is the only fiscal note to go with the resolution. Senator Phillips MOVED CSSSSJR 14(FIN) and without objection it was REPORTED OUT with individual recommendations and a $2.2 fiscal note from the Office of the Governor.
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