Legislature(2003 - 2004)

05/13/2003 08:07 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
           SJR 6-CONST AM: 90 DAY LEGISLATIVE SESSION                                                                       
                                                                                                                                
SENATOR GRETCHEN  GUESS, sponsor of  SJR 6, explained  to members                                                               
that SJR  6 proposes an  amendment to the Alaska  Constitution to                                                               
limit  the  legislative session  to  90  days. She  believes  the                                                               
legislature can complete its work in  90 days, but doing so would                                                               
require some  structural and operational changes.  She said after                                                               
three-years in the  legislature, she has seen  a 60-day gestation                                                               
period, and  then the policy  work is  done during the  second 60                                                               
days.  She  said  shortening  the gestation  period  to  30  days                                                               
is reasonable. She  said that prior to  1984, legislative session                                                               
time period  was unlimited.  After that  time, the  sessions were                                                               
limited to  120 days. The same  number of laws has  passed during                                                               
the  shorter sessions.  She believes  the public  process can  be                                                               
accomplished and business completed in 90 days.                                                                                 
                                                                                                                                
SENATOR FRENCH noted  that this year, legislators  were "hung up"                                                               
waiting for the Governor's budget. He  said that is when the real                                                               
work begins.  He said he  believes 90 days  is plenty of  time to                                                               
get the work done but he  is interested in tying the beginning of                                                               
the legislative session to receipt of the Governor's budget.                                                                    
                                                                                                                                
SENATOR GUESS said this year  was an anomaly. Normally the budget                                                               
is prepared  by December 15. She  said the question of  tying the                                                               
session  to  the  budget  dates is  appropriate.  She  asked  Ms.                                                               
Neilsen  to   address  whether  the  House   has  discussed  that                                                               
question.                                                                                                                       
                                                                                                                                
MS. SARA  NEILSEN, staff to Representative  Samuels, told members                                                               
that question did  not come up in House committees  but they have                                                               
discussed  starting the  legislative session  later, possibly  in                                                               
March.                                                                                                                          
                                                                                                                                
SENATOR GUESS said  a big trigger mechanism  to the legislature's                                                               
work is the budget forecast and it needs to be a driving force.                                                                 
                                                                                                                                
VICE-CHAIR OGAN announced that Senator  Therriault had joined the                                                               
committee.                                                                                                                      
                                                                                                                                
VICE-CHAIR   OGAN  pointed   out   that   he  co-sponsored   this                                                               
legislation.  He  said the  legislature  has  the ability,  under                                                               
existing constitutional  language, to  change the month  and date                                                               
of  the beginning  of the  legislative session  by law.  He would                                                               
object to starting  as late as March but he  would agree to begin                                                               
at the  end of January. He  said he hopes that  a shorter session                                                               
will result in fewer laws being passed.                                                                                         
                                                                                                                                
VICE-CHAIR OGAN  noted that no one  had signed up to  testify. He                                                               
then  asked Senator  Therriault,  as a  former Finance  Committee                                                               
chair, how he envisions a 90-day session working.                                                                               
                                                                                                                                
SENATOR THERRIAULT  said a  90-day limit could  be a  problem. He                                                               
asked members  to keep in mind  the balance of power  between the                                                               
legislative and  executive branches. This legislature  is working                                                               
better with  this Administration  than it  did with  the previous                                                               
administration  but, even  now, the  legislature must  often wait                                                               
for information and  legal opinions. He said that  members of the                                                               
House get  elected every two years  and new members have  a steep                                                               
learning curve. They need a  certain amount of time to understand                                                               
the budget  process and play a  meaningful role. He said  he does                                                               
not oppose  a 90-day session  but believes the  consequences must                                                               
be studied in depth.  He  pointed out that a piece of legislation                                                               
on  the  floor today  was  introduced  at  the beginning  of  the                                                               
session and people are saying  it was rushed through the process.                                                               
He asked  what people  will think if  legislation gets  passed in                                                               
90-day sessions.                                                                                                                
                                                                                                                                
SENATOR GUESS  commented that Senator Therriault  brought up some                                                               
good  points  that need  to  be  thought  through. She  said  the                                                               
legislature will have to think  through when its organization and                                                               
orientation will take  place, as well as the  budget and election                                                               
year issues. She  said she feels, as a public  servant, she would                                                               
have  to do  more  preparation work  prior to  the  start of  the                                                               
session. She said in her mind,  shortening the session to 90 days                                                               
is a  policy call as to  whether legislators believe they  can do                                                               
the work in 90 days and  what kind of structure will be necessary                                                               
to ensure a good public process.                                                                                                
                                                                                                                                
8:49 a.m.                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT noted  that  he recently  had a  conversation                                                               
with a  freshman legislator  who said it  was difficult  to start                                                               
the  first day  of  session  with no  staff.  A discussion  about                                                               
swearing  in newly  elected legislators  earlier has  been taking                                                               
place.  Perhaps  consideration should  be  given  to swearing  in                                                               
legislators on the same day the Governor  is sworn in.  He said a                                                               
shorter session would also require  that more work be done during                                                               
the interim. He  said in his experience, half  of the legislators                                                               
have  full-time   jobs  so   committees  with   specific  interim                                                               
requirements   would  need   members  with   flexible  employment                                                               
situations. In addition, that would  drive up the cost during the                                                               
interim.                                                                                                                        
                                                                                                                                
SENATOR GUESS  said the cost of  work done during the  interim is                                                               
less than  the cost of  work done  during session. She  said from                                                               
her personal experience as a  citizen legislator with a full-time                                                               
job, if there  is predictability in the schedule,  she could work                                                               
around it.                                                                                                                      
                                                                                                                                
VICE-CHAIR  OGAN  said  he  has  spent  a  lot  of  time  in  the                                                               
contracting business; his philosophy is  that a job takes as long                                                               
as  one is  given to  do it.  He felt  that Senator  Therriault's                                                               
concerns are  legitimate and the  legislature might need  to look                                                               
at  providing  committees  with   authority  to  take  action  on                                                               
legislation  during   the  interim.   He  said  his   phone  rang                                                               
constantly  when  he was  first  elected.  He  had no  staff  and                                                               
constant demands  on him  although he  was not  sworn in  for two                                                               
months.  He  said  another consideration  is  that  right  before                                                               
session begins, many people take vacations during the holidays.                                                                 
                                                                                                                                
CHAIR  SEEKINS  said his  main  concern  was  that after  he  was                                                               
elected,  he felt  handcuffed by  not having  any staff.  He said                                                               
that  problem should  be addressed  if the  legislature wants  to                                                               
shorten the  session. He said  he would look favorably  upon this                                                               
legislation with a few modifications.                                                                                           
                                                                                                                                
SENATOR GUESS stated that the  concerns that have been raised are                                                               
good  ones.  She  agreed   that  orientation  needs  improvement,                                                               
regardless of whether this legislation moves forward.                                                                           
                                                                                                                                
SENATOR ELLIS asked the date of the spring revenue forecast.                                                                    
                                                                                                                                
SENATOR SEEKINS said it is usually  released in the first part of                                                               
April.                                                                                                                          
                                                                                                                                
SENATOR  ELLIS asked  if the  Governor's budget  was released  on                                                               
March 5.                                                                                                                        
                                                                                                                                
SENATOR GUESS said  she believes that is correct.  She then asked                                                               
that  the  committee hold  this  bill  for  further work  on  the                                                               
structure of a 90-day session.                                                                                                  
                                                                                                                                
CHAIR SEEKINS announced he would hold the bill in committee.                                                                    

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