Legislature(2021 - 2022)GRUENBERG 120
05/15/2021 10:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB198 | |
| HB187 | |
| HB177 | |
| SB32 | |
| SB71 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 198 | TELECONFERENCED | |
| += | HB 177 | TELECONFERENCED | |
| + | SB 32 | TELECONFERENCED | |
| + | HB 149 | TELECONFERENCED | |
| + | SB 71 | TELECONFERENCED | |
| += | HB 187 | TELECONFERENCED | |
HB 177-REVISED PROGRAM: APPROPRIATIONS
11:00:12 AM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 177, "An Act relating to an increase of
an appropriation due to additional federal or other program
receipts; and providing for an effective date."
CHAIR KREISS-TOMKINS opened public testimony on HB 177. After
ascertaining that there was no one who wished to testify, he
closed public testimony.
11:00:53 AM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, as prime
sponsor, explained that an amendment to HB 177 would be offered
to ensure the legality of the bill. He offered that the
Legislative Budget and Audit Committee should be prohibited from
acting on behalf of the entire legislature "carte blanche." He
stated that the amendment would provide increments of funding
for which the Legislative Budget and Audit Committee may act
without the entire legislature. He stated that currently,
should the Legislative Budget and Audit Committee choose not to
act on a Revised Program Legislative (RPL), then the governor
is permitted to act after 45 days have passed. He added that
the 45-day limit would exist for any RPL request in the amount
of $20 million or less; a 90-day limit would exist for amounts
of more than $20 million and up to $50 million; a 180-day limit
would exist for amounts of more than $50 million and $100
million; and amounts more than $100 million would have a nine-
month limit to ensure that the whole legislature may convene.
11:02:57 AM
CHAIR KREISS-TOMKINS moved to adopt Amendment 1 to HB 177,
labeled 32-LS0369\A.1, Marx, 2/12/21, which read as follows:
Page 1, line 12, through page 2, line 8:
Delete all material and insert:
"(2) [45 DAYS SHALL ELAPSE BEFORE COMMENCEMENT OF
EXPENDITURES UNDER THE REVISED PROGRAM] unless the
Legislative Budget and Audit Committee earlier
recommends that the state take part in the federally
or otherwise funded activity, the governor may not
expend the receipts under the revised program until
the following periods have elapsed:
(A) 45 days for expenditures not exceeding
$20,000,000;
(B) 90 days for expenditures greater than $20,000,000
but not exceeding $50,000,000;
(C) 180 days for expenditures greater than
$50,000,000 but not exceeding $100,000,000;
(D) 270 days for expenditures greater than
$100,000,000;
(3) should the Legislative Budget and Audit Committee
recommend within the applicable period described in
(2) of this subsection [45-DAY PERIOD] that the state
not initiate the additional activity, the governor
shall again review the revised program and if the
governor determines to authorize the expenditure, the
governor shall provide the Legislative Budget and
Audit Committee with a statement of the governor's
reasons before commencement of expenditures under the
revised program."
REPRESENTATIVE KAUFMAN objected.
11:03:07 AM
REPRESENTATIVE VANCE asked for an explanation of the number of
days and dollar amounts proposed in the amendment.
REPRESENTATIVE TUCK answered that $1.6 billion had been proposed
via RPLs to the Legislative Budget and Audit Committee and had
exceeded all parties' intent of applying the legislative process
to such [large] amounts. He stated that litigation had occurred
and had resulted in an injunction but had left the matter
unresolved. He stated that the legislature is the appropriating
body, and the governor administers what the legislature
appropriates for him/her to use. He stated that the dollar
amounts had been based somewhat arbitrarily on historically
typical amounts presented to the committee by means of the RPL
process to address larger amounts.
11:05:39 AM
REPRESENTATIVE KAUFMAN asked whether it had been considered to
add language to adjust for future inflation.
REPRESENTATIVE TUCK answered that it had been considered, but
that there exist difficulties in arriving at a consensus for
inflation-proofing language.
CHAIR KREISS-TOMKINS acknowledged that such difficulties exist
and expressed his frustration that the need to revisit the
language would emerge.
REPRESENTATIVE CLAMAN offered that some work had been conducted
to include inflation-proofing in criminal statutes and that
there had been difficulties in arriving at a consensus regarding
complex language. He echoed the frustration expressed by Chair
Kreiss-Tomkins.
CHAIR KREISS-TOMKINS expressed his willingness to attempt to
include inflation-proofing language.
REPRESENTATIVE CLAMAN referred to subparagraph (d) in the
proposed amendment and asked whether, if the governor received
$125 million in additional federal funds, he/she would submit an
RPL; further, if the Legislative Budget and Audit Committee took
no action within the proposed 270 days, then the governor would
be permitted to spend the money.
REPRESENTATIVE TUCK confirmed Representative Claman's
hypothetical rhetorical question as correct and added that it
would be likely that the legislature will have been in session
during the 270 days and could appropriate the money.
REPRESENTATIVE CLAMAN suggested that a scenario may exist in
which the governor could receive funds 130 days after the
legislature convenes and would allow a short amount of time for
the governor to spend the money.
REPRESENTATIVE TUCK explained that should the money be received
130 days [following the convening of the legislature], there
would be an additional 270 days, for a total of 400 days. He
stated that this is more than a year, and the legislature would
reconvene.
REPRESENTATIVE STORY reflected on concerns that had been
expressed to her office requesting inflation-proofing to be
included in many types of legislation.
11:08:50 AM
REPRESENTATIVE VANCE expressed her understanding that the
proposed bill would slow the process and ensure that the
legislature retains its appropriation authority in cooperation
with the executive branch and asked Representative Tuck to
reflect on the public's expressed wish that the process be as
expedient as possible.
REPRESENTATIVE TUCK answered that there had been $300 million of
funds received for small business relief that had not been taken
up [by the Legislative Budget and Audit Committee]. He added
that an additional $10 million had been set aside for Alaska
Housing Finance Corporation (AHFC) to use for rent relief. He
said that the $10 million was the only legal and clean RPL
[associated with CARES Act funds] since the program was in
existence. He stated that the $300 million had been issued to
members of the public even in the absence of the RPL process and
suggested that the proposed bill would enable additional
dialogue between the governor and the legislature and would
allow the governor to submit RPLs for smaller amounts.
11:11:29 AM
The committee took an at-ease from 11:11 a.m. to 11:15 a.m.
11:15:56 AM
REPRESENTATIVE VANCE asked whether the dollar amounts
represented individual expenditures or total dollar amounts.
REPRESENTATIVE TUCK answered that the amounts would be
associated with the RPL. He offered an example that the
governor may request an RPL for a smaller amount so that the
total could be considered by the legislature and the program
evaluated for effectiveness.
REPRESENTATIVE CLAMAN noted that COVID relief was represented in
the supporting documents in fiscal years 2021 (FY 21) and FY 20
and asked for an explanation of the purpose of a $5 million RPL
listed under FY 18.
REPRESENTATIVE TUCK answered that a $500 million RPL had been
for Medicaid expansion.
REPRESENTATIVE CLAMAN complimented the structure as explained
that would encourage smaller dollar amount and more specific
requests.
CHAIR KREISS-TOMKINS expressed his agreement with the comment
made by Representative Claman.
11:19:14 AM
REPRESENTATIVE KAUFMAN removed his objection. There being no
further objection, Amendment 1 was adopted.
REPRESENTATIVE CLAMAN expressed his satisfaction with the bill
as amended and declined the offer made by Chair Kreiss-Tomkins
to further hold the bill in committee.
REPRESENTATIVE KAUFMAN expressed his wish to hold the bill in
committee for further review if it was the will of the
committee.
11:21:01 AM
CHAIR KREISS-TOMKINS announced HB 177, as amended, was held
over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 198 Letter of Support - Koponen 5.13.21.pdf |
HSTA 5/15/2021 10:00:00 AM |
HB 198 |
| HB 177 Amendment A.1.pdf |
HSTA 5/15/2021 10:00:00 AM |
HB 177 |
| HB 177 Research Legal Opinion 05.05.2020.pdf |
HSTA 5/15/2021 10:00:00 AM |
HB 177 |
| HB 177 Research Legal Opinon 08.26.2020.pdf |
HSTA 5/15/2021 10:00:00 AM |
HB 177 |
| SB 71 Sponsor Statement.pdf |
HSTA 5/15/2021 10:00:00 AM |
SB 71 |
| SB 71 Sectional Analysis.pdf |
HSTA 5/15/2021 10:00:00 AM |
SB 71 |
| SB 71 Sample Plates Plate Demand.pdf |
HSTA 5/15/2021 10:00:00 AM |
SB 71 |
| SB 71 ArtsCouncil_Support-Letter_KodiakArts_08March2021.pdf |
HSTA 5/15/2021 10:00:00 AM |
SB 71 |
| SB 71 Version B.PDF |
HSTA 5/15/2021 10:00:00 AM |
SB 71 |
| SB 71 Public Testimony Rogers.pdf |
HSTA 5/15/2021 10:00:00 AM |
SB 71 |
| SB 71 DMV License Plate Options.pdf |
HSTA 5/15/2021 10:00:00 AM |
SB 71 |
| HB 187 Amendment G.1 - Kreiss-Tomkins.pdf |
HSTA 5/15/2021 10:00:00 AM |
HB 187 |
| HB 187 Amendment G.2 - Kaufman.pdf |
HSTA 5/15/2021 10:00:00 AM |
HB 187 |