Legislature(2019 - 2020)SENATE FINANCE 532
06/13/2019 03:00 PM House LEGISLATIVE COUNCIL
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ALASKA STATE LEGISLATURE
LEGISLATIVE COUNCIL
JUNE 13, 2019
3:00PM
MEMBERS PRESENT
Senator Gary Stevens, Chair
Representative Louise Stutes, Vice Chair
Senator John Coghill
Senator Mia Costello
Senator Cathy Giessel
Senator Lyman Hoffman
Senator Bert Stedman
Senator Natasha von Imhof
Representative Bryce Edgmon
Representative Neal Foster
Representative DeLena Johnson
Representative Chuck Kopp
Representative Steve Thompson
Representative Tammie Wilson
MEMBERS ABSENT
OTHER MEMBERS PRESENT
Senators Begich, Birch, Gray-Jackson, Kiehl, Wilson;
Representatives Drummond, Hannan, Hopkins, Knopp, LeBon,
Merrick, Spohnholz
AGENDA
COMMITTEE BUSINESS EXECUTIVE SESSION
a. EDUCATION FUNDING LAWSUIT APPROVAL
b. SPECIAL SESSION PER DIEM APPROVAL
SPEAKER REGISTER
Megan Wallace, Director, Legal Services, Legislative Affairs
Agency
3:00:44 PM
I. CALL TO ORDER
CHAIR STEVENS called the Legislative Council meeting to order
at 3:00pm in the Senate Finance Committee Room. Present at the
call were: Senators Coghill, Costello, Giessel, Hoffman,
Stedman, Stevens, von Imhof; Representatives Edgmon, Foster,
Johnson, Kopp, Stutes, Thompson, Wilson.
14 members present.
II. COMMITTEE BUSINESS EXECUTIVE SESSION
3:01:47 PM
VICE-CHAIR STUTES moved and asked unanimous consent that
Legislative Council go into Executive Session under Uniform
Rule 22(B)(1), discussion of matters, the immediate knowledge
of which would adversely affect the finances of a government
unit and 22(B)(3), discussion of a matter that may, by law, be
required to be confidential. The following individuals should
please remain in the room: Jessica Geary; Megan Wallace; Emily
Nauman; and any legislative staff working for Council members.
We also welcome any Legislators who are not on Legislative
Council to remain in the room.
CHAIR STEVENS asked if there was objection to the motion.
Hearing none, Council will go into Executive Session. Please
note, no action will be taken in Executive Session, which may
take approximately thirty minutes.
3:02:50 PM
Council went into Executive Session.
4:00:00 PM
Council came out of Executive Session.
a. EDUCATION FUNDING LAWSUIT APPROVAL
4:00:10 PM
VICE-CHAIR STUTES moved that Legislative Council utilize the
services provided by Legal Services to undertake litigation on
behalf of Legislative Council regarding the forward funding of
education for the 2020 fiscal year and that Legislative
Council authorize the Chair to give direction to Legal
Services regarding the litigation.
CHAIR STEVENS objected for purposes of discussion and asked
Megan Wallace to give a brief explanation.
MEGAN WALLACE, Director, Legal Services, said if this motion
were to pass, the Legislature, through passage of HB 287
appropriated the full funding for state aid, transportation,
and thirty million dollars of one time funding for the 2020
fiscal year. As of now, the Administration has taken a
position that that was not a valid appropriation, despite it
being enacted into law, and that they intend to withhold
disbursement of those funds to school districts. If in the
event that the money is not disbursed by mid-July, as is
required by statute, with passage of this motion, Legal
Services will be prepared to undertake and file whatever
pleadings are necessary to commence a lawsuit and seek relief
from the court that those funds be disbursed to school
districts as intended by the Legislature.
CHAIR STEVENS asked if there was discussion. Seeing none, he
removed his objection and requested a roll call vote.
A roll call vote was taken.
YEAS: Senators Coghill, Costello, Giessel, Hoffman, Stedman,
Stevens, von Imhof; Representatives Edgmon, Foster, Johnson,
Kopp, Stutes, Thompson, Wilson.
NAYS: None
The motion passed 14-0.
b. SPECIAL SESSION PER DIEM APPROVAL
4:02:58 PM
VICE-CHAIR STUTES moved that Legislative Council authorize
Special Session Per Diem payments, retroactive to May 16,
2019, for the days in which members were physically present in
Juneau for the First Special Session of the Thirty-First
Alaska State Legislature.
CHAIR STEVENS objected for purposes of discussion and asked
Megan Wallace again to give a brief explanation.
MEGAN WALLACE, Director, Legal Services, said with respect to
this motion, AS 24.10.130(b) provides that a member of the
st
Legislature is not entitled to daily per diem after the 121
day of a legislative session, until the first day in which the
Legislature passes a fully funded operating budget. While this
language prevents a member of the Legislature from receiving
st
per diem in between the 121 day and the day in which the
Legislature passes a fully funded operating budget, this
language does not prevent this body from taking action to
provide retroactive payments as the language states that per
diem is not to be paid until after the budget is passed. So
now that the budget is passed, with this motion, retroactive
per diem, in my opinion, would be permissible.
CHAIR STEVENS asked if there was discussion.
REPRESENTATIVE WILSON said she cannot support this motion
because she voted on this and knows what she believes was the
intent of the legislation. She understands it may be somewhat
ambiguous and people have expenses, but it was not ambiguous
in her mind.
SENATOR STEDMAN said he will support this motion. He
understands the issue of stopping per diem to encourage the
conclusion of the operating budget after the regular session
of 121 days. He also understands no per diem being paid until
an operating budget is passed by both bodies and the
conference committee report signed. His concern is this will
turn into another political weapon or leverage within the
building and would encourage members to not support an
operating budget, force a special session, and then squeeze
particular political opponents who may be financially strained
while in Juneau.
The Senator continued that the Legislature now has some
younger members with families, so there are people from all
walks of life and different financial means available. He said
he does not want to restrict membership of the Legislature to
retired, financially set Alaskansit should be available for
all Alaskans. Legislators should be able to come to Juneau and
have the ability to maintain a reasonable and average
lifestyle.
He said he supports this retroactive clause. Those who do not
want to claim it, for whatever reason, do not have to since it
is optional. Members can just claim certain days, since when
traveling back home to district, they must still maintain
Juneau housing costs. He restated his support of this
retroactive clause and leaves it to individual Legislators to
submit claims or not. If constituents do not agree, they have
an opportunity every two years to change every member of the
House and every four years to change every member of the
Senate.
CHAIR STEVENS asked if there was further discussion. Seeing
none, he removed his objection and requested a roll call vote.
A roll call vote was taken.
YEAS: Senators Coghill, Costello, Giessel, Hoffman, Stedman,
Stevens, von Imhof; Representatives Edgmon, Foster, Kopp,
Stutes, Thompson.
NAYS: Johnson, Wilson
The motion passed 12-2.
CHAIR STEVENS asked members to return the confidential
documents to Ms. Matheny.
III. ADJOURN
CHAIR STEVENS said if there is nothing further to come before
the Council, we are adjourned.
4:09:27 PM
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