Enrolled HB 313: Approving and ratifying the actions of the governor and executive branch in expending certain federal receipts and of the Legislative Budget and Audit Committee in approving the expenditure of certain federal receipts during fiscal years 2020 and 2021; and providing for an effective date.
00Enrolled HB 313 01 Approving and ratifying the actions of the governor and executive branch in expending 02 certain federal receipts and of the Legislative Budget and Audit Committee in approving the 03 expenditure of certain federal receipts during fiscal years 2020 and 2021; and providing for an 04 effective date. 05 _______________ 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 LEGISLATIVE FINDINGS, PURPOSE, AND INTENT. (a) The legislature finds that 09 (1) in December 2019, a novel coronavirus known as severe acute respiratory 10 syndrome coronavirus 2 (SARS-CoV-2) was first detected in Wuhan, Hubei province, 11 People's Republic of China, leading to outbreaks of novel coronavirus disease (COVID-19) 12 that have now spread globally; 13 (2) on March 11, 2020, the governor issued a declaration of a public health 14 disaster emergency under AS 26.23.020 in anticipation of the spread of COVID-19 to the
01 state; through passage and enactment into law of ch. 10, SLA 2020, the legislature extended 02 the public health disaster emergency until November 15, 2020; 03 (3) on March 27, 2020, the President of the United States signed into law H.R. 04 748 (P.L. 116-136, Coronavirus Aid, Relief, and Economic Security Act (CARES Act)) in 05 response to the COVID-19 pandemic; 06 (4) on March 29, 2020, the legislature recessed the Second Regular Session of 07 the Thirty-First Alaska State Legislature indefinitely in the face of the COVID-19 pandemic; 08 (5) on April 9, 2020, the President of the United States approved a major 09 disaster declaration for the State of Alaska; 10 (6) on April 21, 2020, in response to the anticipated receipt of additional 11 federal receipts appropriated to states as part of the CARES Act that were not specifically 12 accounted for in passage of the fiscal year 2020 or fiscal year 2021 budgets, the governor 13 issued a revised program legislative (RPL) package, including RPLs 08-2020-0250 14 ($562,500,000), 08-2020-0251 ($300,000,000), 05-2020-0074 ($48,000,000), 05-2020-0075 15 ($5,000,000), 05-2020-0076 ($421,500), 08-2020-0054 ($100,000,000), 12-2020-4049 16 ($3,585,351), 25-2020-8766 ($29,000,000), 25-2020-8771 ($49,000,000), 25-2020-8772 17 ($3,034,100), and 45-2020-0002 ($5,000,000), under the authority conferred by 18 AS 37.07.080(h); 19 (7) on May 1, 2020, the governor revised RPLs 08-2020-0250 ($257,548,754), 20 08-2020-0251 ($290,000,000), 05-2020-0074 ($44,911,411), 05-2020-0075 ($41,869,617), 21 05-2020-0076 ($421,500), 12-2020-4049 ($3,585,351), 25-2020-8771 ($49,000,000), 25- 22 2020-8772 ($3,034,100), and 45-2020-0002 ($5,000,000) and issued new RPLs 08-2020-0260 23 through 08-2020-0382 ($311,024,132) and 04-2020-1059 ($10,000,000) under the authority 24 conferred by AS 37.07.080(h); 25 (8) on May 1, 2020, the Legislative Budget and Audit Committee approved 26 RPLs 05-2020-0074 ($44,911,411), 05-2020-0075 ($41,869,617), 05-2020-0076 ($421,500), 27 12-2020-4049 ($3,585,351), 25-2020-8766 ($29,000,000), and 45-2020-0002 ($5,000,000), as 28 revised; 29 (9) on May 7, 2020, the governor revised RPLs 25-2020-8771 ($49,000,000) 30 and 25-2020-8772 ($1,350,000) and issued new RPLs 25-2020-8776 ($1,219,100) and 25- 31 2020-8777 ($465,000);
01 (10) on May 11, 2020, the governor again revised RPL 08-2020-0251 02 ($290,000,000) under the authority conferred by AS 37.07.080(h); 03 (11) on May 11, 2020, the Legislative Budget and Audit Committee approved 04 RPLs 08-2020-0250 ($257,548,754), 08-2020-0251 ($290,000,000), 25-2020-8771 05 ($49,000,000), 25-2020-8772 ($1,350,000), 25-2020-8776 ($1,219,100), 25-2020-8777 06 ($465,000), 08-2020-0260 through 08-2020-0382 ($311,024,132), 08-2020-0054 07 ($100,000,000), and 04-2020-1059 ($10,000,000), as revised; 08 (12) the approval of the RPLs on May 1, 2020, and May 11, 2020, was in 09 response to the public health disaster emergency facing the state and was in no way intended 10 to abdicate the legislature's power of appropriation; 11 (13) the approval of the RPLs has been challenged in court. 12 (b) It is the purpose of this Act to approve the expenditure of federal receipts 13 proposed by the governor and to ratify the approval of the RPLs identified under (a) of this 14 section by the Legislative Budget and Audit Committee, in order to remove any uncertainty as 15 to the status of the expenditures under the RPLs. 16 (c) In authorizing the expenditure of federal receipts as proposed by the governor in 17 the RPLs identified under (a) of this section, it is the intent of the legislature that the 18 appropriations identified in the RPLs identified under (a) of this section are increased as 19 approved by the Legislative Budget and Audit Committee. 20 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPROVAL AND RATIFICATION. The actions of the governor and executive 23 branch in expending the federal receipts in accordance with the revised program legislative 24 (RPL) package identified under sec. 1(a) of this Act and the actions of the Legislative Budget 25 and Audit Committee in approving the expenditure of federal receipts in accordance with the 26 RPLs identified under sec. 1(a) of this Act are approved and ratified. 27 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 SUSPENSION OF OTHER LAW. The provisions of sec. 2 of this Act are effective 30 notwithstanding the provisions of any other law, including AS 37.07.080(h). 31 * Sec. 4. This Act is retroactive to May 1, 2020.
01 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).