04/12/2022 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB215 | |
| SB119 | |
| SB221 | |
| SB194 | |
| SB195 | |
| HB234 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 221 | TELECONFERENCED | |
| + | SB 119 | TELECONFERENCED | |
| += | SB 215 | TELECONFERENCED | |
| += | SB 194 | TELECONFERENCED | |
| += | SB 195 | TELECONFERENCED | |
| += | HB 234 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 12, 2022
3:35 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Lora Reinbold, Vice Chair, via teleconference
Senator Mia Costello
Senator Roger Holland
Senator Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 215
"An Act relating to the Legislative Budget and Audit Committee;
requiring state departments, agencies, municipalities, school
districts, Native corporations, the University of Alaska, and
other entities that receive state funds to report on federal
receipts; and relating to the increase of an appropriation item
based on additional federal or program receipts."
- MOVED SB 215 OUT OF COMMITTEE
SENATE BILL NO. 221
"An Act relating to appropriations of federal receipts; and
relating to an increase of an appropriation based on additional
federal receipts."
- MOVED CSSB 221(STA) OUT OF COMMITTEE
SENATE BILL NO. 119
"An Act relating to oaths of office; and requiring public
officers to read the state constitution, the Declaration of
Independence, and the United States Constitution."
- HEARD & HELD
SENATE BILL NO. 194
"An Act relating to electronic identification cards; relating to
electronic drivers' licenses and permits; relating to motor
vehicle liability insurance; and providing for an effective
date."
- HEARD & HELD
SENATE BILL NO. 195
"An Act relating to the compensation of certain public
officials, officers, and employees not covered by collective
bargaining agreements; and providing for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 234(STA) AM(EFD FLD)
"An Act relating to political contributions; relating to the
location of offices for the Alaska Public Offices Commission and
the locations at which certain statements and reports filed with
the commission are made available."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 215
SHORT TITLE: REVIEW & REPORTING OF FED. RECEIPTS; LB&A
SPONSOR(s): REINBOLD
02/22/22 (S) READ THE FIRST TIME - REFERRALS
02/22/22 (S) STA, FIN
04/07/22 (S) STA AT 3:30 PM BUTROVICH 205
04/07/22 (S) Heard & Held
04/07/22 (S) MINUTE(STA)
04/12/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 221
SHORT TITLE: CHANGING RPL PROCESS
SPONSOR(s): WIELECHOWSKI
02/22/22 (S) READ THE FIRST TIME - REFERRALS
02/22/22 (S) STA, FIN
04/05/22 (S) STA AT 3:30 PM BUTROVICH 205
04/05/22 (S) Heard & Held
04/05/22 (S) MINUTE(STA)
04/12/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 119
SHORT TITLE: OATH OF OFFICE
SPONSOR(s): REINBOLD
04/07/21 (S) READ THE FIRST TIME - REFERRALS
04/07/21 (S) EDC, JUD, STA, FIN
04/23/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/23/21 (S) Heard & Held
04/23/21 (S) MINUTE(EDC)
04/28/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/28/21 (S) Moved CSSB 119(EDC) Out of Committee
04/28/21 (S) MINUTE(EDC)
04/30/21 (S) EDC RPT CS 4DP 1NR SAME TITLE
04/30/21 (S) DP: HOLLAND, HUGHES, STEVENS, MICCICHE
04/30/21 (S) NR: BEGICH
04/30/21 (S) FIN REFERRAL REMOVED
04/30/21 (S) CRA REFERRAL ADDED AFTER EDC
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/13/21 (S) Moved CSSB 119(EDC) Out of Committee
05/13/21 (S) MINUTE(CRA)
05/14/21 (S) CRA RPT 1DP 1DNP 2NR
05/14/21 (S) DP: HUGHES
05/14/21 (S) DNP: GRAY-JACKSON
05/14/21 (S) NR: MYERS, WILSON
01/31/22 (S) JUD AT 1:30 PM BUTROVICH 205
01/31/22 (S) Heard & Held
01/31/22 (S) MINUTE(JUD)
02/02/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/02/22 (S) Heard & Held
02/02/22 (S) MINUTE(JUD)
02/09/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/09/22 (S) <Bill Hearing Postponed to Feb 11>
02/11/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/11/22 (S) Moved CSSB 119(JUD) Out of Committee
02/11/22 (S) MINUTE(JUD)
02/15/22 (S) JUD RPT CS 3DP 1NR NEW TITLE
02/15/22 (S) DP: HOLLAND, HUGHES, SHOWER
02/15/22 (S) NR: KIEHL
04/12/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 194
SHORT TITLE: ALLOW ELECTRONIC DRIVERS' LICENSES AND ID
SPONSOR(s): KAWASAKI
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) STA, FIN
04/05/22 (S) STA AT 3:30 PM BUTROVICH 205
04/05/22 (S) Scheduled but Not Heard
04/07/22 (S) STA AT 3:30 PM BUTROVICH 205
04/07/22 (S) Heard & Held
04/07/22 (S) MINUTE(STA)
04/12/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 195
SHORT TITLE: PAY INCREASES FOR EXEMPT EMPLOYEES
SPONSOR(s): KIEHL
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) STA, FIN
03/29/22 (S) STA AT 3:30 PM BUTROVICH 205
03/29/22 (S) Heard & Held
03/29/22 (S) MINUTE(STA)
04/12/22 (S) STA AT 3:30 PM BUTROVICH 205
BILL: HB 234
SHORT TITLE: POLITICAL CONTRIBUTION LIMITS
SPONSOR(s): SCHRAGE
01/18/22 (H) PREFILE RELEASED 1/7/22
01/18/22 (H) READ THE FIRST TIME - REFERRALS
01/18/22 (H) STA
02/01/22 (H) STA AT 3:00 PM GRUENBERG 120
02/01/22 (H) Heard & Held
02/01/22 (H) MINUTE(STA)
02/10/22 (H) STA AT 3:00 PM GRUENBERG 120
02/10/22 (H) Heard & Held
02/10/22 (H) MINUTE(STA)
02/15/22 (H) STA AT 3:00 PM GRUENBERG 120
02/15/22 (H) Heard & Held
02/15/22 (H) MINUTE(STA)
03/01/22 (H) STA AT 3:00 PM GRUENBERG 120
03/01/22 (H) Moved CSHB 234(STA) Out of Committee
03/01/22 (H) MINUTE(STA)
03/02/22 (H) STA RPT CS(STA) 2DP 1DNP 2NR 2AM
03/02/22 (H) DP: CLAMAN, KREISS-TOMKINS
03/02/22 (H) DNP: EASTMAN
03/02/22 (H) NR: TARR, STORY
03/02/22 (H) AM: KAUFMAN, VANCE
03/14/22 (H) BEFORE HOUSE IN SECOND READING
03/14/22 (H) SUSTAINED RULING OF CHAIR Y22 N15 E3
03/14/22 (H) SUSTAINED RULING OF CHAIR Y21 N16 E3
03/14/22 (H) BEFORE HOUSE IN SECOND READING
03/14/22 (H) SUSTAINED RULING OF CHAIR Y20 N17 E3
03/14/22 (H) SUSTAINED RULING OF CHAIR Y20 N17 E3
03/14/22 (H) SUSTAINED RULING OF CHAIR Y22 N14 E4
03/14/22 (H) SUSTAINED RULING OF CHAIR Y20 N16 E4
03/16/22 (H) BEFORE HOUSE IN THIRD READING
03/16/22 (H) TRANSMITTED TO (S)
03/16/22 (H) VERSION: CSHB 234(STA) AM(EFD FLD)
03/18/22 (S) READ THE FIRST TIME - REFERRALS
03/18/22 (S) STA
04/07/22 (S) STA AT 3:30 PM BUTROVICH 205
04/07/22 (S) Heard & Held
04/07/22 (S) MINUTE(STA)
04/12/22 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
KELLI TOTH, Staff
Senator Lora Reinbold
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a summary of SB 215.
KELLI TOTH, Staff
Senator Lora Reinbold
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 119,
version W.
SENATOR BILL WIELECHOWSKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 221.
SONJA KAWASAKI, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided explanations for the amendments to
SB 221, version I.
STUART RELAY, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a brief summary of SB 194.
JEFFREY SCHMITZ, Director
Division of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during the hearing on
SB 194.
SENATOR JESSE KIEHL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 195.
BETSY BULL, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in strong support for SB 195.
REPRESENTATIVE CALVIN SCHRAGE
Alaska State Legislature
Juneau Alaska
POSITION STATEMENT: Sponsor of HB 234.
ERIK GUNDERSON, Staff
Representative Calvin Schrage
Alaska State Legislature
Juneau Alaska
POSITION STATEMENT: Answered questions and provided information
about HB 234 on behalf of the sponsor.
HEATHER HEBDON, Executive Director
Alaska Public Offices Commission
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions and provided information
during the hearing on HB 234.
KEVIN MORFORD, President
Alaska Move to Amend
Anchorage, Alaska
POSITION STATEMENT: Testified in strong support of HB 234.
ACTION NARRATIVE
3:35:29 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:35 p.m. Present at the call to
order were Senators Holland, Kawasaki, Costello, Reinbold (via
teleconference), and Chair Shower.
SB 215-REVIEW & REPORTING OF FED. RECEIPTS; LB&A
3:36:18 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 215
"An Act relating to the Legislative Budget and Audit Committee;
requiring state departments, agencies, municipalities, school
districts, Native corporations, the University of Alaska, and
other entities that receive state funds to report on federal
receipts; and relating to the increase of an appropriation item
based on additional federal or program receipts."
He asked Ms. Toth to refresh the committee's recall of the bill.
3:37:45 PM
KELLI TOTH, Staff, Senator Lora Reinbold, Alaska State
Legislature, Juneau, Alaska, stated that SB 215, which is known
as the "Federal Receipts Fiscal Accountability Act,requires
all entities that receive state funds to submit a report
annually on all the federal receipts they receive that the
legislature did not appropriate.
3:38:35 PM
SENATOR COSTELLO asked if other states have similar reporting
requirements.
MS TOTH said yes and the sponsor could speak to that.
3:38:56 PM
SENATOR LORA REINBOLD, speaking as sponsor of SB 215, stated
that the bill is modeled on Utah law. She added that SB 215
would allow the legislature to see the federal receipts that
various entities are receiving, which would facilitate better
decision making during the budget process. The bill seeks to
increase transparency.
SENATOR KAWASAKI questioned the reason for the requirement in
Section 3 for the listed entities to submit a report to the
Office of Management and Budget if the intention is to emphasize
that the power of appropriation resides with the legislature.
SENATOR REINBOLD answered that the entities that receive grant
monies and federal receipts are already required to report so
OMB is a good central repository from which to send the reports
to the Legislative Budget and Audit Committee (OMB).
SENATOR KAWASAKI asked if a fiscal note from OMB would be
forthcoming.
SENATOR REINBOLD said Ms. Toth could confirm that OMB did not
submit a fiscal note.
MR. TOTH said she had no knowledge of receiving a fiscal note
for the bill from OMB.
CHAIR SHOWER mused that a fiscal note was requested but neither
the sponsor nor her staff had received it.
3:42:03 PM
SENATOR KAWASAKI asked how a Native corporation could be
compelled to submit a federal receipt report.
SENATOR REINBOLD offered her belief that anybody that receives
federal monies should be open and transparent in their
accounting. The bill simply asks to see the books, which will
enhance fair and transparent government and increase public
trust.
MS. TOTH added that the language in Section 3 ties the reporting
requirement to the receipt of state funds.
3:43:51 PM
SENATOR KAWASAKI referenced the phrase, "and any other entity
that receives state funds" and asked if organizations that
receive grants through the capital budget process would have to
submit a report.
MS. TOTH offered her understanding that any agency that receives
state funds must report on federal receipts.
SENATOR KAWASAKI said it sounds as though it's all inclusive.
[He received an affirming nod.]
SENATOR KAWASAKI said he appreciated that municipalities with
fewer than 200 people could seek assistance from the Department
of Commerce, Community and Economic Development (DCCED) in
preparing the report.
3:45:30 PM
At ease
3:45:47 PM
CHAIR SHOWER reconvened the meeting and opened public testimony
on SB 215; finding none, he closed public testimony on SB 215.
He asked the sponsor if she had any closing remarks.
SENATOR REINBOLD summarized that SB 215 seeks to improve the
budget process by increasing transparency of entities that
receive federal funds that are not appropriated by the
legislature.
CHAIR SHOWER found no further questions and solicited the will
of the committee.
3:47:20 PM
SENATOR HOLLAND moved to report SB 215, work order 32-LS1517\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR SHOWER found no objection and SB 215 was reported from the
Senate State Affairs Standing Committee.
3:47:42 PM
At ease
SB 119-OATH OF OFFICE
3:50:46 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE BILL NO. 119 "An Act relating to oaths
of office; and requiring public officers to read the state
constitution, the Declaration of Independence, and the United
States Constitution."
[CSSB 119(JUD) was before the committee.]
3:51:28 PM
SENATOR LORA REINBOLD, speaking as sponsor of SB 119, stated
that this legislation requires anyone who takes an oath of
office in the state of Alaska to read and attest that they read
the Declaration of Independence, the United States Constitution,
and the Constitution of the State of Alaska before being sworn
in. The signed statements of individuals who have fulfilled this
requirement will be filed with the municipality, the court
clerk's office, or the Alaska State Libraries, Archives and
Museums after taking the oath of office. She noted that the
requirement to read the Declaration of Independence was removed
in the Judiciary Committee and her hope was that it would be
added back as the bill goes through the process.
SENATOR COSTELLO asked which version of the bill was under
consideration.
CHAIR SHOWER replied the [Judiciary] committee substitute,
version W, was the working document.
3:53:45 PM
At ease
3:54:21 PM
CHAIR SHOWER reconvened the meeting and asked Ms. Toth to walk
through the sectional analysis and fiscal notes.
3:54:32 PM
KELLI TOTH, Staff, Senator Lora Reinbold, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 119, version W.
Section 1. AS 14.12.090 is amended to require every
school board member before taking office to read the
Constitution of the State of Alaska and the
Constitution of the United States, and take and sign
an oath of affirmation.
Section 2. AS 18.65.010 (c) applies the reading and
attestation requirement in Section 1 to law
enforcement officers under the commissioner of public
safety.
Section 3. AS 22.05.090 applies the reading and
attestation requirement in Section 1 to each Supreme
Court justice
Section 4. AS 22.07.050 applies the reading and
attestation requirement in Section 1 to each judge of
the court of appeals.
Section 5. AS 22.10.110 applies the reading and
attestation requirement in Section 1 to each superior
court judge.
Section 6. AS 22.15.180 applies the reading and
attestation requirement in Section 1 to each district
judge and magistrate.
Section 7. AS 24.05.060 applies the reading and
attestation requirement in Section 1 to each member of
the legislature.
Section 8. AS 29.20.600 applies the reading and
attestation requirement in Section 1 to municipal
officials.
Section 9. AS 39.05.040 applies the reading and
attestation requirement in Section 1 to each principal
executive officer of each department and the member of
each board within the state government.
Section 10. AS 39.05.045 applies the reading and
attestation requirement in Section 1 to each public
officer or employee of the state.
CHAIR SHOWER found no questions and asked Ms. Toth to review the
fiscal notes.
3:56:31 PM
MS. TOTH advised that the fiscal notes were all zero.
SENATOR HOLLAND asked if the bill documents the process for
filing the sworn oaths or affirmations with the state library
system.
MS. TOTH said she would follow up with the answer. She offered
her understanding that the bill stipulates that these oaths will
be held in the state library archives.
SENATOR HOLLAND said he would continue to look for that in the
bill while other members ask questions.
3:58:49 PM
SENATOR COSTELLO commented that she didn't see that provision
either.
CHAIR SHOWER held SB 119 in committee.
SB 221-CHANGING RPL PROCESS
3:59:55 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 221
"An Act relating to appropriations of federal receipts; and
relating to an increase of an appropriation based on additional
federal receipts."
He said the committee adopted version I when the bill was first
heard and there were amendments for the committee to consider
today.
CHAIR SHOWER asked the sponsor to give the committee a high
level summary of the bill.
4:00:22 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,
Alaska sponsor of SB 221, stated that the bill seeks to fix an
arguably unconstitutional problem with the Revised Program
Legislative (RPL) process. The process currently allows the
governor to appropriate funds without legislative approval even
though the state constitution clearly identifies the legislature
as the appropriating body. He noted that his office worked with
committee staff on amendments to address some of the concerns
the committee articulated.
CHAIR SHOWER asked if there were questions.
4:01:43 PM
SENATOR COSTELLO asked the chair to identify the sponsor of each
of the amendments as they're introduced.
CHAIR SHOWER stated his intention to offer the amendments.
SENATOR REINBOLD stated support for the bill.
4:02:20 PM
CHAIR SHOWER moved Amendment 1, work order 32-LS1472\I.1.
32-LS1472\I.1
Marx
4/9/22
AMENDMENT 1
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 1, line 1, following "Act":
Insert "relating to special sessions of the
legislature;"
SENATOR HOLLAND objected for an explanation.
4:02:45 PM
SONJA KAWASAKI, Staff, Senator Bill Wielechowski, Alaska State
Legislature, Juneau, Alaska, explained that Amendment 1 amends
the title to include the topic of "special sessions." She
credited Senator Costello for identifying that the bill
addressed special sessions but the title didn't reflect that. It
was an inadvertent omission.
4:03:26 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 1 was
adopted.
4:03:42 PM
CHAIR SHOWER moved Amendment 2, work order 32-LS1472\I.2.
32-LS1472\I.2
Marx
4/9/22
AMENDMENT 2
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 1, line 1:
Delete "and"
Page 1, line 2, following "receipts":
Insert "; and providing for an effective date"
Page 3, following line 31:
Insert a new bill section to read:
"* Sec. 5. This Act takes effect immediately under
AS 01.10.070(c)."
SENATOR HOLLAND objected for discussion purposes.
MS KAWASAKI stated that Amendment 2 establishes an immediate
effective date rather than the default 90 days after the
legislation is enacted. She said the sponsor's preference is to
have an immediate effective date and it was an oversight not to
have included that in the original version.
4:04:37 PM
SENATOR KAWASAKI asked how the applicability provision in
Section 4 fit with the immediate effective date in Section 5.
MS. KAWASAKI explained that the applicability provision relates
to an appropriation bill the legislature may have passed before
the new RPL process in SB 221 is enacted. The bill would not
apply to those appropriations. She noted that Legislative Legal
Services had advised that a special provision in the operating
budget prevents the forthcoming federal infrastructure funding
from being covered under the RPL process.
4:06:32 PM
SENATOR KAWASAKI asked if she was referring to the contingency
language in the last several sections of the operating budget,
HB 281.
MS. KAWASAKI answered yes; SCS CSHB 281(FIN) provides that the
various pockets of federal funds coming to Alaska, including
Infrastructure Investment and Jobs Act (IIJA) funding, will not
be subject to the RPL process.
CHAIR SHOWER commented that those funds wouldn't fall under the
RPL process even if SB 221 were to pass with an immediate
effective date.
MS. KAWASAKI agreed.
4:07:48 PM
SENATOR COSTELLO asked if the idea was for the legislature to
call itself into special session thereby avoiding an RPL process
and ensuring that more legislators would participate in the
distribution of the federal funds.
MS. KAWASAKI said she couldn't speak to any intent, but the
Senate Finance Committee had discussed the notion that federal
infrastructure dollars for certain capital projects would be
included in the Senate version of the capital budget.
CHAIR SHOWER asked what funding SB 221 would apply to if it were
to pass with an immediate effective date.
SENATOR WIELECHOWSKI answered that it would depend on timing.
Should SB 221 be signed into law before the budget passes, it
would apply to any subsequent budgets that pass. He noted that
the administration did not support placing tighter controls on
the RPL process in the budget. He was nevertheless proposing
amendments.
4:10:21 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 2 was
adopted.
4:10:37 PM
CHAIR SHOWER moved Amendment 3, work order 32-LS1472\I.4.
32-LS1472\I.4
Marx
4/9/22
AMENDMENT 3
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 2, line 19:
Delete "an"
Insert "a funded"
Page 2, line 20, following "item":
Insert "or a maximum funding amount for a new
appropriation item"
Page 2, line 21, following the second occurrence of
"the":
Insert "funded"
Page 2, lines 22 - 25:
Delete "The increase of the appropriation item
[BASED ON ADDITIONAL FEDERAL OR OTHER PROGRAM RECEIPTS
NOT SPECIFICALLY APPROPRIATED BY THE FULL LEGISLATURE]
may be expended only"
Insert "Expenditures under this subsection [BASED
ON ADDITIONAL FEDERAL OR OTHER PROGRAM RECEIPTS NOT
SPECIFICALLY APPROPRIATED BY THE FULL LEGISLATURE] may
be made only [EXPENDED]"
Page 2, line 30, following the second occurrence of
"the":
Insert "funded appropriation item or for the new"
Page 3, line 1, following "of":
Insert "funded appropriation items or new"
Page 3, line 7:
Delete "an"
Insert "a funded appropriation item or the
maximum funding amount for a new"
Page 3, line 24:
Delete "a specific maximum increase"
Insert "expenditures"
Page 3, line 26:
Delete "by a specific maximum increase"
SENATOR HOLLAND objected for an explanation.
MS. KAWASAKI explained that Amendment 3 permits a maximum
funding amount for new appropriations. Without this provision,
the legislature could only authorize an increase of an
appropriation item in an active appropriation bill. The
amendment provides flexibility for the legislature to add
appropriation items not already in the budget. It also reflects
the current practice of the legislative budget process under the
budget section referencing permissible RPL spending. She noted
that the operating budget under consideration in the Senate
Finance Committee provides for open-ended authority.
4:11:50 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 3 was
adopted.
4:12:07 PM
CHAIR SHOWER moved Amendment 4, work order32-LS1472\I.5.
32-LS1472\I.5
Marx
4/9/22
AMENDMENT 4
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 1, line 1, following "federal":
Insert "or other"
Page 1, line 2, following "federal":
Insert "or other"
Page 2, line 20, following "federal":
Insert "or other"
Page 3, line 12:
Delete "[OR OTHERWISE]"
Insert "or otherwise"
Page 3, line 23, following "federal":
Insert "or other"
Page 3, line 25, following "federal":
Insert "or other"
SENATOR HOLLAND objected for an explanation.
4:12:31 PM
MS. KAWASAKI explained that the bill addresses federal receipts
the state may receive and Amendment 4 adds the other receipts
that are not specifically identified. This amendment is needed
to accommodate the receipt and appropriation of nonfederal
sources of funding. It would enable the legislature to provide
for spending through the RPL process while also establishing
limits to that spending. The amendment tracks the ability to do
so, which is in the existing RPL process
4:13:49 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 4 was
adopted.
4:14:06 PM
CHAIR SHOWER moved Amendment 5, work order 32-LS1472\I.6.
32-LS1472\I.6
Marx
4/9/22
AMENDMENT 5
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 2, line 28, through page 3, line 1:
Delete all material and insert:
"(2) the Legislative Budget and Audit
Committee
(A) shall
(i) review the revised program; and
(ii) notify the full legislature that the
revised program is available for review and comment;
and
(B) may recommend to the governor an
alternative funding amount for the specific maximum
increase of the appropriation item or alternative
funding distributions among multiple specific maximum
increases of appropriation items in an applicable
appropriation bill or bills;"
SENATOR HOLLAND objected for an explanation.
4:14:27 PM
MS. KAWASAKI explained that Amendment 5 requires the Legislative
Budget and Audit (LB&A) Committee to notify the full legislature
that the proposed RPL packages were available for review and
comment. This must be done before LB&A makes any other
recommendations to the governor. She thanked the committee
members for requesting this addition.
SENATOR COSTELLO said she didn't believe the provision in sub-
subparagraph ii on lines 6-7 was clear about who would do the
review and comment. She suggested adding "by the full
legislature" following the word "comment".
4:16:35 PM
MS. KAWASAKI agreed that would add clarity.
SENATOR KAWASAKI offered his understanding that the legislature
already receives notification from LB&C about a new RPL.
4:17:17 PM
SENATOR REINBOLD opined that the amendment to Amendment 5 added
the needed clarification.
4:18:08 PM
At ease
4:23:04 PM
CHAIR SHOWER reconvened the meeting.
4:23:12 PM
SENATOR COSTELLO moved Amendment 1 to Amendment 5. 221.
AMENDMENT 1 TO AMENDMENT 5, I.6
BY SENATOR COSTELLO
Page 1, line 7, following "comment":
Insert "by the full legislature"
CHAIR SHOWER objected for an explanation.
SENATOR COSTELLO explained that the addition makes it clear that
the review and comment is by all legislators, not just the LB&A
committee.
SENATOR REINBOLD asked Senator Costello to repeat the
explanation.
SENATOR COSTELLO said the amendment clarifies that the review
and comment is by the full legislature.
4:24:28 PM
CHAIR SHOWER removed his objection to Amendment 1 to Amendment
5; finding no questions or further objection, the amendment to
the amendment was adopted.
4:24:48 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 5, as
amended, was adopted.
4:25:42 PM
SENATOR WIELECHOWSKI thanked the committee for the thoughtful
process.
CHAIR SHOWER polled the committee for any objection to moving
the bill; finding none, he solicited a motion.
4:26:07 PM
SENATOR HOLLAND moved to report CSSB 221, work order 32-
LS1472\I, as amended, from committee with individual
recommendations and attached fiscal note(s).
CHAIR SHOWER found no objection and CSSB 221(STA) was reported
from the Senate State Affairs Standing Committee. He authorized
Legislative Legal Services to make any technical or conforming
changes.
4:26:42 PM
At ease
SB 194-ALLOW ELECTRONIC DRIVERS' LICENSES AND ID
4:28:29 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE BILL NO. 194 "An Act relating to
electronic identification cards; relating to electronic drivers'
licenses and permits; relating to motor vehicle liability
insurance; and providing for an effective date."
He noted that this was the second hearing and the intention was
to take public testimony. He asked Mr. Relay to give the
committee a high level summary of the bill.
4:29:17 PM
STUART RELAY, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, stated that the bill would allow
Alaskans to carry an electronic version of their driver's
license, driver's permit, or state identification card. It also
amends the current fee structure for licenses.
MR. RELAY explained that in response to to Senator Holland's
question about the fees other states charge for electronic
driver's licenses, he learned from NCSL that eight states
authorize electronic driver's licenses. Of those, just two have
information about the fees. The State of Oklahoma charges $4.49
annually and the State of Louisiana has authorized a $6.00 fee
but currently does not charge anything.
4:31:31 PM
CHAIR SHOWER asked how an electronic driver's license would work
in situations where REAL ID is required.
MR. RELAY offered his understanding that it would be similar to
using one's phone to scan a boarding pass. He deferred to the
representative from the Division of Motor Vehicles (DMV) for
further information.
4:32:39 PM
JEFFREY SCHMITZ, Director, Division of Motor Vehicles (DMV)
Department of Administration (DOA), Anchorage, Alaska, stated
that DMV expects that the licensing and application requirements
for REAL ID will remain the same whether it is an electronic
format or a hard card format. What happens currently at a
Transportation Security Administration (TSA) checkpoint is that
the barcode information on the physical card is scanned. The
electronic driver's license on somebody's phone would be
similarly scanned.
CHAIR SHOWER asked if he foresees any problem for somebody who
is traveling domestically or internationally with just an
electronic driver's license on their phone and no other picture
identification.
4:34:05 PM
SENATOR SCOTT KAWASAKI, speaking as sponsor, said international
travel was not considered when the bill was drafted. He noted
that when his office was doing research on electronic driver's
licenses they learned that some states say they are federal ID
compliant and others don't mention it.
CHAIR SHOWER said he'd like more information about that.
MS. RELAY said that NCSL relayed that the Department of Homeland
Security was in the process of establishing rules regarding
electronic REAL IDs and how they would be implemented for the
department, which includes TSA.
CHAIR SHOWER asked if he had reached out to law enforcement to
get their view of electronic driver's licenses.
4:35:54 PM
MR. RELAY replied that they had not heard from the Department of
Public Safety or law enforcement personnel.
CHAIR SHOWER said he would like to hear law enforcement's
perspective.
MR. RELAY agreed to follow up with that information.
SENATOR COSTELLO suggested the committee invite law enforcement
from states that have implemented electronic driver's licenses
to testify.
4:37:12 PM
SENATOR SHOWER opened public testimony on SB 194; finding none
he closed public testimony.
CHAIR SHOWER held SB 194 in committee.
SB 195-PAY INCREASES FOR EXEMPT EMPLOYEES
4:38:01 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 195
"An Act relating to the compensation of certain public
officials, officers, and employees not covered by collective
bargaining agreements; and providing for an effective date."
He asked the sponsor to give the committee a high level summary
of the bill.
4:38:40 PM
SENATOR JESSE KIEHL, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 195, stated that this is the pay catch-up bill for
state employees who are not in a union. It covers the exempt and
partially exempt employees, which includes most staff at the
Legislative Affairs Agency, all of the Department of Law, the
bailiffs, clerks, and staff attorneys in the Judicial Branch,
and most state corporations. He said it is a matter of fairness
to bring these employees along who already lag union employees
by one cycle.
4:40:06 PM
CHAIR SHOWER relayed that a constituent asked why state
employees shouldn't negotiate their own contracts and bargain
for a better pay scale as opposed to having the legislature do
the collective bargaining through legislation like SB 195.
4:41:34 PM
SENATOR KIEHL said that if each employee were to negotiate
independently for pay and benefits, the state would need to make
a significant investment in human resource specialists to do the
negotiations. SB 195 doesn't propose such a change, but it does
propose to amend the salary schedule that is set in law up to
the level that union employees have achieved in the past.
SENATOR KAWASAKI asked why the Legislative Affairs Agency and
legislative employees have not entered a collective bargaining
agreement.
SENATOR KIEHL said he couldn't answer directly, but he did know
that sometime in the past an adjustment to the pay schedule did
not provide the same step adjustment to employees of the
judicial branch as others had gotten. Those judicial employees
organized and negotiated a contract that included that missing
pay step. That ended at some point, but ever since then those
judicial employees have been included fully whenever the pay
schedule was adjusted.
SENATOR KAWASAKI asked if he believes that adjusting the pay
schedule by law might soften the resolve of the legislative
branch to organize itself.
SENATOR KIEHL said he believes that employees are best suited
under federal labor law and the Public Employee Relations Act to
decide for themselves whether or not to be represented by a
union. He added that anybody who thought it would be a good idea
to organize, would be further motivated by looking at the nearly
three-year lag time on these pay adjustments.
4:45:23 PM
CHAIR SHOWER opened public testimony on SB 195.
4:45:46 PM
BETSY BULL, representing self, Anchorage, Alaska, stated that
she is a prosecutor in Anchorage and she supports SB 195 as just
a starting point, because it does not address the recruitment
and retention problems the Department of Law faces each day. For
example, a colleague was assigned 100 sex cases, a couple of
which were homicides. During that time she received and accepted
an offer from Washington State. That job included a pension, a
20 percent salary increase, an annual 25 percent cost of living
adjustment, a merit increase, equal paid time off, sick leave,
and compensation for all on duty hours that were in addition to
the regularly scheduled work. She received those benefits and a
70 percent reduction in case load. Ms. Bull said the Department
of Law isn't even competing on the same playing field.
MS. BULL relayed that when an attorney leaves DOL employment,
those who remain have to pick up the caseload. It causes some to
wonder why they should continue to work 60/hours/week when
they're paid for just 37.5/hours/week. Their last cost of living
increase was nearly seven years ago.
MS. BULL reported that last year alone she carried more than 100
sex and homicide cases and was on duty 24/7 for 22 weeks. None
of the extra time was compensated. She recounted that it was
common for DOL attorneys to work 80/hours/week during trial and
to give advice on complex cases to detectives and members of
multidisciplinary teams, all of whom have higher base salaries
than their own. She urged the committee to pass SB 195, and to
recognize that it was a small step in the right direction.
4:50:04 PM
CHAIR SHOWER closed public testimony on SB 195.
SENATOR KIEHL thanked the chair and committee for hearing the
bill. He also noted that the bill did not apply to those exempt
employees who are represented by a union.
4:50:43 PM
CHAIR SHOWER held SB 195 for future consideration.
HB 234-POLITICAL CONTRIBUTION LIMITS
4:51:01 PM
CHAIR SHOWER announced the consideration of CS FOR HOUSE BILL
NO. 234(STA) am(efd fld) "An Act relating to political
contributions; relating to the location of offices for the
Alaska Public Offices Commission and the locations at which
certain statements and reports filed with the commission are
made available."
He noted that the intention is to take public testimony after
Representative Schrage gives the committee a high level summary
of HB 234.
4:51:27 PM
REPRESENTATIVE CALVIN SCHRAGE, Alaska State Legislature, Juneau
Alaska, sponsor of HB 234, stated that this legislation fixes
the gaping hole in Alaska's campaign finance law that resulted
from the federal court decision to strike a number of
contribution limits and the Alaska Public Offices Commission's
(APOC) decision to not accept the APOC staff recommendation to
set temporary limits, absent the legislature's action. Should HB
234 pass, it would reestablish campaign finance limits in
Alaska. Most importantly it would set contribution limits from
individuals to candidates. Right now there is no limit so
unlimited funds from outside interests may flow into the state,
which potentially could harm Alaska's elections and undermine
public confidence in the integrity of its elected officials.
CHAIR SHOWER noted who was available to answer questions.
4:53:05 PM
SENATOR COSTELLO asked if independent expenditure (IE) groups
currently were allowed to receive outside funding.
4:53:16 PM
ERIK GUNDERSON, Staff, Representative Calvin Schrage, Alaska
State Legislature, Juneau Alaska, confirmed that independent
expenditure groups were able to accept donations from
nonresidents.
SENATOR COSTELLO asked if there were any limits on outside
contributions.
MR. GUNDERSON offered his understanding that there were no
contribution limits for IE groups. He deferred to Heather Hebdon
for further explanation and clarification.
REPRESENTATIVE SCHRAGE confirmed that due to a U.S. Supreme
Court ruling, there currently were no limits on contributions to
IE groups from either outside or inside Alaska. The court's
reasoning was that the risk of a donation having a corrupting
influence was mitigated because IE groups don't coordinate with
campaigns. He said it's no longer a matter of business person A
giving money to a candidate, which directly influences that
candidate. Now the contributions go to an independent
expenditure group so the money can be spent on multiple
campaigns and the candidate may not even be aware of the source.
REPRESENTATIVE SCHRAGE said his personal belief is that having
no limits on individual contributions increases the potential
for corruption and jeopardizes good governance and self-
determination. He urged the committee and legislature to
mitigate the potentially corrupting influence of unlimited
contributions to individuals by passing HB 234.
4:55:40 PM
SENATOR COSTELLO said she appreciated the example and pointed
out for the listening public that the limit on individual
contributions to candidates was $500 prior to the court ruling
and without HB 234. She said she sees it as a potential freedom
of speech issue and that the legislature should look at the
matter if an Alaskan is able to get to an IE and that IE is
influencing campaigns.
CHAIR SHOWER asked if she was saying that if IE contributions
are unlimited, the legislature should look at unlimited
contributions for an individual.
SENATOR COSTELLO clarified she was saying the committee should
consider that freedom of speech is giving to a campaign and that
on one hand there is no limit for an IE whereas there currently
is a limit on [individual contributions] and a limit is
contemplated in this bill.
CHAIR SHOWER offered his understanding that the top three donors
in an IE have to be reported.
REPRESENTATIVE SCHRAGE said he'd like to address the freedom of
speech concern, which is valid, after the committee hears from
Ms. Hebdon.
CHAIR SHOWER asked Ms. Hebdon if she heard the questions and
whether she had anything to add.
4:57:58 PM
HEATHER HEBDON, Executive Director, Alaska Public Offices
Commission, Department of Administration (DOA), Anchorage,
Alaska, confirmed that an IE group's political communications on
television, radio, and fliers must disclose information about
the top three contributors. IE groups are also required to
disclose all the money coming in and going out just like any
other political action committee. But as Representative Schrage
pointed out, based on the U.S. Supreme Court decision and the
court precedent there are no limitations other than that the
donations may not come from a foreign national.
REPRESENTATIVE SCHRAGE asked her to verify that an IE group is
required to report all its individual donors. He also asked her
to remind him of the timing for the disclosure. He recalled that
the timeline was fairly short, but he didn't recall the
specifics.
MS. HEBDON clarified that she was talking about independent
expenditures that are intended to influence a candidate
election. In that circumstance, and as a result of Ballot
Measure 2, contributors to an IE group are required to file a
statement of contribution within 24 hours of making that
contribution. The IE group is also required to disclose receipt
of the contribution within 24 hours. Ballot Measure 2 required
true source reporting and it has eliminated a majority of Dark
Money in these elections.
5:00:40 PM
CHAIR SHOWER asked what dark money hasn't been eliminated.
MS. HEBDON explained that the definition of Dark Money refers to
contributions in excess of $2,000 in the aggregate, so anything
less than that wouldn't necessarily require true source
reporting.
5:01:27 PM
CHAIR SHOWER opened public testimony on HB 234.
5:01:40 PM
KEVIN MORFORD, President, Alaska Move to Amend, Anchorage,
Alaska, stated that AMA is a nonprofit that works to strengthen
the voice of ordinary voters in the political process. He said
HB 234 isn't perfect, but he was testifying in strong support as
it was the only bill that had a reasonable chance of making it
through the process this year.
MR. MORFORD emphasized that an overwhelming majority of Alaskans
from all political parties support reasonable limits on
donations to Alaska political campaigns. He highlighted that 73
percent of Alaska voters in 2006 voted to reenact strict limits
on campaign donations and polling indicates that strong support
continues today. He urged establishing an even playing field
where the preferences of ordinary Alaska voters have the largest
influence. He stressed that candidates should compete for the
support of ordinary voters in their districts and not be
corrupted by the siren call of big money from powerful economic
interests.
MR. MORFORD urged passage of HB 234 this session.
5:03:55 PM
CHAIR SHOWER closed public testimony on HB 234.
REPRESENTATIVE SCHRAGE said Senator Costello raised a legitimate
concern about freedom of speech. The U.S. Supreme Court has
articulated that political contributions are a form of free
speech and that there must be high justification to limit that
speech. This does not mean there is no reason to restrict
speech, and the court has accepted fighting corruption as a
valid reason.
REPRESENTATIVE SCHRAGE said there is ample evidence from state
history, testimony from prior elected officials, and court
records that attest to the risk of donations having undue
influence on candidates. There is also the public perception
that a $10,000 donation to Candidate A would have undue
influence. He said it's of the utmost importance that the
citizens of Alaska are able to continue to have faith in the
legislative body as an institution. In response to the notion
that Alaska isn't seeing $2,000, $3,000, and $5,000 donations,
he said we don't know that because the reporting requirements in
Alaska for candidates isn't within 24 hours like it is for IE
groups. Candidate financial disclosure reports won't be
available for several more months. There may be candidates who
already have received very large donations.
REPRESENTATIVE SCHRAGE acknowledged that speech is restricted
when campaign contributions are limited, but pointed out that
there was still an opportunity for somebody to advocate for
their candidate of preference and influence the election through
an IE group, but in a way that reduces the risk of either the
actuality or the appearance of corruption.
REPRESENTATIVE SCHRAGE restated that the concern is genuine and
something to keep in mind. Establishing contribution limits does
restrict free speech but it's done for the valid reason of
preventing corruption in the legislative body. He said that is
of the utmost importance, particularly in times like today. He
said Alaska is at great risk because the media market is
relatively cheap and the amount of money spent on political
campaigns has exploded, as witnessed by the most recent
municipal election in Anchorage. Absent passage of HB 234, he
predicted that Alaskans would see candidates receiving $10,000 -
$30,000 donations. This is already happening in IE group
contributions and there is no reason to believe this won't
extend to individual candidates, he said. The difference is that
giving to the individual candidate introduces the large
potential for corruption into that election environment.
CHAIR SHOWER asked if there were questions or comments.
5:08:32 PM
SENATOR KAWASAKI asked what happens in other states that have
contribution limits.
REPRESENTATIVE SCHRAGE relayed that most states have
contribution limits that look similar to those proposed in HB
234, including the significantly increased limits the bill
proposes. Basically, when the court looks at whether a limit is
constitutional, it looks at what it had previously upheld as
constitutional. Before the Randall test (Randall v. Sorrell),
the Supreme Court spoke about Alaska's limit being lower than
the limit the court previously upheld, calling it a warning
sign. He said that would be about $1,000 per year when adjusted
for inflation.
CHAIR SHOWER said he'd like the committee to hear about the data
from other states.
REPRESENTATIVE SCHRAGE offered to read a short paragraph from
NCSL to provide context on national limits.
CHAIR SHOWER said he'd hold that until the next hearing.
5:11:43 PM
SENATOR COSTELLO expressed interest in the NCSL data and
information about limits on independent expenditure groups. She
said she appreciated what was said about not unduly influencing
a candidate and that there's not an appearance of corruption if
the donation goes to an IE group. However, the IE group can
amass a lot of money and then a candidate has to defend him or
herself against what that group is saying about him or herself
as a candidate. She sees IE groups as having a lot of influence
in campaigns and she'd like to know what other states do about
that and if there are any limits.
CHAIR SHOWER commented on the concern about ensuring a level
playing field.
5:13:25 PM
CHAIR SHOWER held HB 234 in committee for future consideration.
5:13:41 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 5:13 p.m.