HCR 9 - AMEND UN RLS: COMMITTEE ACTION ON BILLS Number 400 CHAIRMAN KOTT announced the next order of business would be HCR 9, "Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to committee meetings; and providing for an effective date," sponsored by Representative Rokeberg. Number 408 REPRESENTATIVE NORMAN ROKEBERG came before the committee to explain HCR 9. He stated that before the committee is CSHCR 9(FIN). He said the reason the bill is before the House Rules Committee is it is a rule change. He said that the Finance Committee version provides that a member who votes on a report via teleconference may direct the chairman to note the vote, record it as a vote on the committee report to move the bill out of committee. Representative Rokeberg said he would be happy to answer any questions the committee may have. REPRESENTATIVE ROKEBERG informed the committee that a section was removed in the House Finance Committee relating to interim committee activities. Number 441 REPRESENTATIVE WILLIAMS said, "Right now, unless everything changes dramatically, and I can see maybe it could change dramatically is that we could hold committee meetings via teleconference, move bills out and maybe come to the capitol once a week - once every two weeks maybe, and pass a bunch of bills out for this and not have to be here in Juneau all the time. What would be wrong with that? Or is that your intent?" REPRESENTATIVE ROKEBERG stated that is not his intent. He said his intent to speed up the passage of legislation, to accommodate the conduct of committee business and make sure that a member that couldn't physically be present could participate in the full spectrum of committee activities. For example, three and a half years ago when the final vote was taken after 16 hours of committee testimony on HB 207, which was a major bill before the House Special Committee on Oil and Gas, the committee in its vote to move the bill out of committee had on teleconference one of the members of the committee, Representative Bettye Davis. Representative Davis had followed the testimony on the bill and was very interested and supportive of the bill. He said, "As the chair in my rookie year in this body, allowed Representative Davis to vote and my committee secretary, Mrs. Armstrong is in the room tonight, signed her name on the bill file. And as the bill was read across the floor the next day, Mrs. Armstrong was chided rather strongly by the Clerk of the House as the (indisc.) in the rule. So she did a 'no no.' But the point in fact, Mr. Chairman, Representative Davis being a full member of the committee and is very active in the bill and the proceedings over a course of several weeks was most anxious to show her support for that legislation, which was a major piece of legislation. And I thought deservedly so, should have had the right to have her vote in the positive, or whatever, being shown as a matter of public record. In addition, Mr. Chairman, there was an instance I believe last year whereas I, as the chairman of the Labor and Commerce Committee, happened to be in Anchorage because of the nature of a major piece of legislation before that committee, I was sitting in the LIO (Legislative Information Office) basically conducting a meeting where I had as many 35 to 40 witnesses and on teleconference was the bulk of my committee sitting in the dungeon of the ground floor of this building, in which Representative Cowdery is the vice chairman, was conducting a meeting on a formal basis. And I was on teleconference fundamentally conducting the meeting with the witnesses, but the rest of the committee was down here. But had we taken action on the bill in spite of the fact that I was face to face with some 35 or 40 witnesses, I would not have been able to vote on that particular activity. So those are two instances where I can point that this would be a positive thing. Also, in addition, if a member is ill or inconvenienced or, for example, I recall when a committee on Community and Regional Affairs, just during this particular session, traveled to Southwestern Alaska to look at the economic devastation of the poor fishing season. There were a number of members of that committee on that trip, I believe whether or not there were any members remaining here, if they wanted to conduct any business they could have by teleconference. Mr. Chairman, this is the age of the super cyberspace and the Internet and all those things that revolve around the incredible telecommunications explosion we're having. And I would suggest that we will have electronic and full video capabilities within a very short period of time. So I think the legislature needs to be prepared to move into the twenty-first century and conduct it's business as expeditiously and efficient and with the full participation of all members." Number 508 REPRESENTATIVE PORTER said he can appreciate the comments made by Representative Williams. He said at first, he thought this would be a dilution of the committee process, but after having thought about it, especially being the one that approves absences, there wouldn't be any more absences than there currently are because that process still would be in place and absences would be approved or not approved based on the policy of the caucus. Representative Porter said, "The frequent thing that occurs in this state at least is that we have had myriad opportunities for folks temporarily detained in Sitka to participate in committees, at one point last year I think it was two days. They finally chartered a boat to go back, but we missed an awful lot of productive time because a whole lot of members were stuck. Individual situations will come up where this would be appropriate." He said if there is a state that should have this kind of a policy, Alaska is it and he would certainly support it. Number 528 REPRESENTATIVE ELTON said most of the time the conflicts that legislators have that may keep them from a committee meeting is because they are double booked. He said he isn't sure that the resolution doesn't encourage bad behavior. Representative Elton stated he is somewhat concerned. One of the things that keeps the body together as a group is that legislators can't leave town for whatever reason and then participate over the telephone. He pointed out that he understands the problem where a legislator has been closely involved with an issue up through the point of time where there is a vote to move it out of committee. He said that is one opportunity lost, but the major opportunity to participate in a decision is when the bill goes to the floor. There is the chance to express interest and vote on it at that time. Representative Elton referred to a situation in the House Judiciary Committee where Chairman Green was sick and said under the language in the bill, the chair may be able to participate via teleconference, but he wouldn't be in attendance to sign the name for the absent person. He asked if "Chair" actually means the person who is chairing the meeting or if it means "Representative Green." He said this could be a problem that may need to be fixed by adding additional language. Number 565 REPRESENTATIVE PHILLIPS said she believes the legislation has good intentions, but she believes it could have major unintended negative impacts on floor sessions. She said it could make it virtually impossible to conduct business on the floor on Mondays and Fridays. She said she thinks it could have a very negative impact on impeding the process of moving legislation that requires more than a simple majority vote. As good as this sounds, she thinks it will just make Monday and Friday sessions almost impossible. Representative Phillips said she won't support the legislation because of that. Number 580 CHAIRMAN KOTT said, "What I like about this idea is the fact that I now can serve on State Affairs and not have to worry about getting in here by 8:00. I can watch Gavel to Gavel because they're pretty good about showing State Affairs. I can watch it from home and then when the vote is ready to be taken, I can just call in." REPRESENTATIVE PHILLIPS asked what would happen if all committee members stayed home instead of attending an 8:00 a.m. committee meeting. CHAIRMAN KOTT stated that another problem could be public perception. He said there are literally hundreds of people who come to Juneau to testify before a committee and it really wouldn't set very well if a witness sits before a committee and there is only one person there. REPRESENTATIVE PORTER said perhaps there is a way to finesse this to accommodate that. He said if this process were allowed in limited circumstances like during a prearranged excused absence or a weather delay in returning a prearranged excused absence, it would eliminate not going to the 8:00 a.m. meeting. It would eliminate, "I missed the plane so I didn't come back on Monday or whatever." He said, "We do absolutely control excused absences and it's just in that circumstance that I see this as potentially helpful." Number 613 REPRESENTATIVE ELTON questioned that under the proposed resolution, would a member who participates via teleconference constitute a member for the purpose of a quorum of a committee. REPRESENTATIVE PORTER said it is understanding of the rules that they can constitute a quorum and can vote on amendments via teleconference. The only thing they cannot do is vote to move a bill out of committee via teleconference. REPRESENTATIVE WILLIAMS said he thinks there could be abuse and he doesn't support the bill. He said he would vote to move the bill out of committee, but he won't support it on the House floor. CHAIRMAN KOTT noted it takes a majority vote of the body to change a rule, 27 members. He said it would probably be very difficult and that is why there is very seldom any rule changes. REPRESENTATIVE PORTER suggested holding the legislation. He said Representative Rokeberg and Chairman Kott may want work on the bill. CHAIRMAN KOTT indicated HCR 9 would be held. He suggested that Representative Rokeberg work with him. He noted that Representative Elton had a good point in reference to chairman. Maybe something could be added that would only give those people on excused absence status the privilege to participate via teleconference.