HCR 9 - AMEND UN RLS: COMMITTEE ACTION ON BILLS The next order of business to come before the House State Affairs Standing Committee was HCR 9, Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to committee meetings; and providing for an effective date. Number 0440 REPRESENTATIVE NORMAN ROKEBERG, Alaska State Legislature, explained the bill proposed amendments to the Uniform Rules of the Alaska State Legislature that would allow for committees to meet during the interim and to take action. It would also allow for committee members to vote and to make a quorum via the teleconference line. The purpose of the bill was to bring hearings closer to the people of the state of Alaska by enabling business to be conducted during the interim; to increase the efficiency of the Alaska State Legislature; and to possibly shorten the legislative session. REPRESENTATIVE ROKEBERG further explained he had also introduced legislation to shorten the legislative session to 90 days. REPRESENTATIVE ROKEBERG further stated, currently, committees could take action during the interim that amounted to a work session, not substantive action. The bill allowed for substantive committee work and action within the confines of the committee only. The action could not be read across the floor of the House of Representatives. In addition, the resolution called for a zero fiscal note. Some indicated there would be a fiscal impact to the budget but he believed there would be a savings. Nevertheless, the presiding officers had the ability to control the traveling request and budget for every member. Number 0545 CHAIR JAMES asked Representative Rokeberg if he would object to amending the resolution to include the language "prior approval of the leadership before scheduling a meeting"? The amendment was a request. Number 0584 REPRESENTATIVE ROKEBERG replied he did not think he would have a problem with the amendment. He wondered if it would be rude to ask who requested the amendment. CHAIR JAMES replied the Speaker of the House of Representative requested the amendment. REPRESENTATIVE ROKEBERG stated he would be very happy in that case to accept the friendly amendment to the resolution. REPRESENTATIVE BERKOWITZ announced he had several amendments that he would turn into questions. First, he would be concerned if the committee was either the first or last committee of referral. Second, he would be concerned if it was the only committee of referral. REPRESENTATIVE ROKEBERG replied a bill could not be moved out of a committee. It could only be acted on and transmitted to the clerk. It could not be read across the floor of the House of Representatives. Number 0605 CHAIR JAMES wondered about amending a bill in committee upon returning to session. Number 0614 REPRESENTATIVE ROKEBERG replied presumably the committee had already moved to pass the bill out. The intention was not to expand the scope of the rule change in order to control the flow of the bill activity. Number 0626 REPRESENTATIVE BERKOWITZ explained he was also concerned about just being able to pass the bill along. CHAIR JAMES replied it could not be passed to the next committee of referral. REPRESENTATIVE ROKEBERG stated it could not be read across the floor of the House of Representatives because we would not be in session. Number 0649 REPRESENTATIVE BERKOWITZ stated he would also like there to be some kind of notice prior to a meeting such as the 5-day notice. CHAIR JAMES replied the 5-day notice was in the uniform rules. REPRESENTATIVE ROKEBERG wondered if the 5-day rule applied during the interim. He deferred the question to Representative Vezey. Number 0665 REPRESENTATIVE VEZEY maintained for years that the legislature had the authority to do this already but passing a law would salve everyone's conscious. It was a good idea and long over due. The internal workings of the legislature were not subject to a court's jurisdiction even if a law was passed. We would have to be in session to take official action - the only constitutional limitation. Number 0711 REPRESENTATIVE BERKOWITZ explained the reason he asked was that Tamara Cook, Director, Legislative Research and Legal Services, suggested the issue be looked at. Number 0719 CHAIR JAMES asked how did we get the uniform rules? Was it passed as a document? REPRESENTATIVE ROKEBERG replied the uniform rules had to be adopted by each legislature. Right now we did not have any uniform rules. He deferred the question again to Representative Vezey. Number 0736 REPRESENTATIVE VEZEY stated the Constitution of the State of Alaska provided that the legislature adopt rules. As a matter of course, we had not formally adopted any rules for the Twentieth Alaska State Legislature. It did not mean we were not operating under any rules, however. CHAIR JAMES wondered how it was missed this year. REPRESENTATIVE ROKEBERG stated there was a resolution but it did not go as far as the former majority leader. CHAIR JAMES asked what the procedure had been in the past for amending the rules? Number 0774 REPRESENTATIVE ROKEBERG replied it required a resolution before the body to adopt the rules. The controversy was over the adoption of Mason's Manual. REPRESENTATIVE ROKEBERG read Uniform Rule 53 into the record. Number 0806 CHAIR JAMES stated she liked what the resolution called for. She was not convinced, however, if this was the right procedure. REPRESENTATIVE ROKEBERG stated the House State Affairs Standing Committee was the first committee of referral. The resolution also had two other referrals including the House Rules Standing Committee - the proper forum to address the resolution. He asked the indulgence of the committee to move the resolution out of its way. CHAIR JAMES moved for a conceptual amendment to include leadership approval prior to scheduling a meeting. Number 0869 REPRESENTATIVE VEZEY objected. It was very, very redundant. The presiding officer of the House determined the chair and the House Committee on Committees determined the members. In addition, we had provisions to do exactly what you wanted to do without restating it. Number 0897 REPRESENTATIVE BERKOWITZ asked for a friendly amendment to the conceptual amendment to ensure that the minority was advised as well. REPRESENTATIVE ROKEBERG objected. It was not necessary. The membership of all committees included minority members, therefore, the minority would be informed. CHAIR JAMES called for a roll call vote. Representatives James, Berkowitz and Ivan voted in favor of the motion. Representatives Dyson and Vezey voted against the motion. Representatives Elton and Hodgins were not present to vote. The conceptual amendment passed. Number 0964 REPRESENTATIVE BERKOWITZ explained he would give his amendments and concerns to Representative Rokeberg in hopes that they would be considered and discussed at some time down the line. REPRESENTATIVE ROKEBERG stated he would be happy to do so. Number 0991 REPRESENTATIVE DYSON moved that HCR 9, as amended, move from the committee with individual recommendations and the attached fiscal note(s). There was no objection, CSHCR 9(STA) was so moved from the House State Affairs Standing Committee.