SJR 38-CONST AM: PRIORITY OF EXPENDITURES    SENATOR KELLY explained the resolution would require the administration to submit subsequent budgets with each department's activities ranked in order of value. Though it is the Legislature's responsibility to appropriate funds, the departments are better equipped to evaluate and prioritize their own activities and production. The passage of SJR 38 would put this resolution to a vote of the people and, if approved, would amend the Constitution of the State of Alaska. This is similar to the statute that Representative Dyson is passing through both bodies. He said he is of the opinion that the statute alone isn't sufficient because of the separation of powers and the discussion that was held for SJR 37. CHAIRMAN THERRIAULT stated that, by law, the governor must submit the budget to the Legislature by a certain date. He asked whether the concern is that with Representative Dyson's legislation the governor would choose to ignore the requirement. SENATOR KELLY replied that is his concern. CHAIRMAN THERRIAULT noted that Section 1 places the existing language into subsection (a) and subsection (b) is added. He confirmed that Senator Kelly was anticipating that a statute would flesh out the particulars if this were enacted. He asked for an explanation of a prioritized fashion. SENATOR KELLY replied that the prioritized fashion would be established by law. The Legislature would decide on some form of prioritization, then pass that statute and require the governor to submit it in that form. "Like in the last one, [SJR 37] governors may veto these statutes, they have that right, but at some point a governor is not going to veto this and then that statute is going to sit there almost dormant and then, like in a resolution form, you could require them to do that on the other one. On this one, you've got the constitutional authority. … At some point it is going to require the governor to participate in this process. Some governor is going to have to pass this statute and not veto it. It will have the luxury, so to speak, of a gubernatorial veto whereas the last one we were talking about didn't because it's enacted by resolution." CHAIRMAN THERRIAULT asked if he envisioned the mechanism would have to be "turned on" each year or once the Legislature does it by resolution the governor shall submit the budget with this detail year after year. SENATOR KELLY said the form would be determined by the different Legislatures. He assumes it would be passed just once, but different Legislatures in different years may choose different forms and they would have to pass the change by law. CHAIRMAN THERRIAULT asked what action would be taken if a Legislature no longer wanted the information at all. SENATOR KELLY said it would be repealed. CHAIRMAN THERRIAULT said this Legislature might want this information, but there will be an election this fall and the governor is building the budget during the election process. He asked whether he puts the prioritized document together for the next Legislature. SENATOR KELLY replied he envisions it the same way that the budget is created every year. There would just be a rider added requiring prioritization. CHAIRMAN THERRIAULT asked if this would be the budget document itself or a separate document. SENATOR KELLY said the budget document would have the rider. There was no further testimony. CHAIRMAN THERRIAULT stated there was no proposed committee substitute and no proposed amendments. The attached fiscal note for $1,500 is standard for anything that will be placed on the ballot. He asked for the will of the committee. SENATOR PHILLIPS made a motion to move SJR 38 and attached fiscal note from committee with individual recommendations. There being no objection, SJR 38 moved from committee.