Legislature(2015 - 2016)

2015-04-25 Senate Journal

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2015-04-25                     Senate Journal                      Page 1183
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-NINTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                     Saturday                   April 25, 2015                                                  
                                                                                                                                
                               Ninety-sixth Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Meyer at 4:35 p.m.                                                                                                              
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
SB 64                                                                                                                         
Message dated April 24 was received stating:                                                                                    
                                                                                                                                
Dear President Meyer:                                                                                                           
                                                                                                                                
Under the authority of Article II, Section 17, of the Alaska                                                                    
Constitution, I have let the following bill become law without                                                                  
signature:                                                                                                                      
                                                                                                                                
                  CS FOR SENATE BILL NO. 64(EDC)(efd fld H)                                                                    
                     "An Act relating to school bond debt                                                                      
          reimbursement."                                                                                                       
                                                                                                                                
                             Chapter 3, SLA 2015                                                                               
                        [Effective Date: See Chapter]                                                                          
                                                                                                                                
Under current law, a municipality is eligible for school construction                                                           
bond debt reimbursement at varying percentages, depending in part on                                                            
the date of the election authorizing the bonds. The bill would place a                                                          
five-year moratorium on the state's obligation to reimburse school                                                              

2015-04-25                     Senate Journal                      Page 1184
construction debt payments for elections that take place after                                                                  
January 1, 2015, but before July 1, 2020. The bill version that passed                                                          
the Senate had two effective date provisions. One would have made                                                               
the bill effective immediately upon becoming law (AS 01.10.070(c));                                                             
the other would have made the section reinstating a modified school                                                             
debt construction reimbursement program effective July 1, 2020. In                                                              
addition, some sections of the bill were to be retroactive to                                                                   
January 1, 2015.                                                                                                                
                                                                                                                                
Like most legislation, the bill was not without controversy during the                                                          
legislative process. Some objected to a moratorium on the State's                                                               
partial school construction debt reimbursement in light of the long-                                                            
standing nature of state assistance with school construction costs, even                                                        
in times of budget shortfalls. But I understand that our current budget                                                         
situation requires the State to take actions it may not have in the past.                                                       
                                                                                                                                
Additionally, some legislators objected to the proposed retroactive                                                             
application to January 1, 2015. Although the bill passed the House of                                                           
Representatives on April 2, 2015; the alternate effective date clauses-                                                         
including the immediate effective date provision-did not receive the                                                            
constitutionally required two-thirds vote. House Journal,                                                                       
April 2, 2015, page 0684.                                                                                                       
                                                                                                                                
The Department of Law has advised me that the bill will still have                                                              
retroactive application despite the failure of the effective date                                                               
provisions, since an effective date clause operates independently of the                                                        
date of retroactive application. The failure of the effective date clause                                                       
does not change the date of retroactive application. Whether the bill                                                           
takes effect immediately or 90 days after signature by the Governor,                                                            
the date of retroactive application remains the same. See, Arco Alaska                                                          
v. State, 824 P.2d 709, 711 (Alaska 1992).                                                                                      
                                                                                                                                
Yet news reports lead me to believe some members of the public                                                                  
thought the failure of the immediate effective date also meant failure                                                          
of the provision on retroactive application. This Confusion is                                                                  
understandable. So while the bill is legally sound, and even though I                                                           
support efforts to reduce our State's budget, including debt service, I                                                         
would prefer that this have been done in a manner more                                                                          
understandable for Alaskans.                                                                                                    
                                                                                                                                

2015-04-25                     Senate Journal                      Page 1185
For these reasons, I have not signed CSSB 64(EDC)(EFD FLD H) and                                                                
have allowed it to become law without my signature.                                                                             
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
HB 105                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 105(FIN) "An Act                                                                            
relating to the programs and bonds of the Alaska Industrial                                                                     
Development and Export Authority; relating to the Alaska Industrial                                                             
Development and Export Authority sustainable energy transmission                                                                
and supply development fund; repealing bond authorizations granted                                                              
to the Alaska Industrial Development and Export Authority; amending                                                             
the definition of 'qualified energy development'; relating to the                                                               
financing authorization through the Alaska Industrial Development                                                               
and Export Authority of a liquefied natural gas production plant and                                                            
natural gas energy projects and distribution systems in the state;                                                              
requiring the Alaska Industrial Development and Export Authority to                                                             
deliver to the legislature reports relating to the Interior energy project;                                                     
and providing for an effective date" was not taken up.                                                                          
                                                                                                                                
The bill will be on the April 26 calendar.                                                                                      
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                

2015-04-25                     Senate Journal                      Page 1186
                                 Adjournment                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 10:00 a.m., April 26, 2015. Without                                                                  
objection, the Senate adjourned at 4:35 p.m.                                                                                    
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2015-04-25                     Senate Journal                      Page 1187
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Apr 25        Saturday                  Senate Finance 532            1:30 PM                                                 
+             Jerry Burnett, Deputy Commissioner, Dept. of                                                                      
              Revenue                                                                                                           
+             Alaska's Fiscal Crisis                                                                                            
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                          LEGISLATIVE BUDGET & AUDIT                                                                         
                                                                                                                                
Apr 26        Sunday                     House Finance 519           12:00 PM                                                 
              Medicaid Expansion and Reform Consultant                                                                          
              Procurement                                                                                                       
                                                                                                                                
May 08        Friday                    Anch Lio Conf Rm            10:00 AM                                                  
              Special Audit Requests                                                                                            
              EXECUTIVE SESSION: Preliminary Audits & Follow                                                                    
              Up Review                                                                                                         
              Other Committee Business                                                                                          
              Subcommittee Executive Session - Dept. of                                                                         
              Education & Early Development Performance Review                                                                  
              Scope (Will Convene Immediately Following                                                                         
              Adjournment of the Regular Meeting)                                                                               

2015-04-25                     Senate Journal                      Page 1188
                    LEGISLATIVE BUDGET & AUDIT (continued)                                                                   
                                                                                                                                
May 13        Wednesday                 Anch Lio Conf Rm              3:00 PM                                                 
+             Dept. of Health & Social Services Performance                                                                     
              Review - Public Input                                                                                             
               -- Anchorage and Statewide Testimony --                                                                          
              Public Comment on the Performance of the Dept.                                                                    
              of Health & Social Services in the Delivery of                                                                    
              Its Behavioral Health & Long-Term Care Services                                                                   
              & on the Department's Overall Organizational &                                                                    
              Administrative Structure                                                                                          
              -- Testimony <Time Limited to 3 min> --                                                                           
                                                                                                                                
May 14        Thursday                    Fbx Lio Conf Rm           10:00 AM                                                  
+             Dept. of Health & Social Services Performance                                                                     
              Review - Public Input                                                                                             
              -- Fairbanks Testimony --                                                                                         
              Public Comment on the Performance of the Dept.                                                                    
              of Health & Social Services in the Delivery of                                                                    
              Its Behavioral Health & Long-Term Care Services                                                                   
              & on the Department's Overall Organizational &                                                                    
              Administrative Structure                                                                                          
                -- Testimony <Time Limited to 3 min> --                                                                         
                   ----------------------------------------                                                                    
                                                                                                                                
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                    CONFERENCE COMMITTEE ON HB72 AND HB73                                                                    
                                                                                                                                
Apr 25        Saturday                  Senate Finance 532           12:00 PM                                                 
              -- Delayed to 5:30 PM --                                                                                          
= HB  72 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
= HB  73 APPROP: MENTAL HEALTH BUDGET                                                                                           
              Department Closeouts                                                                                              
              Departments to be Announced