02/25/2013 02:04 PM House JUD

        HB 34 - FEDERAL LAWS, REGULATIONS & EXEC. ORDERS                                                                    
                                                                                                                                
2:29:09 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
HOUSE  BILL  NO. 34,  "An  Act  making  state compliance  with  a                                                               
federal   law,  regulation,   or  presidential   executive  order                                                               
contingent  on receipt  of certain  information from  the federal                                                               
government."                                                                                                                    
                                                                                                                                
2:29:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   adopt  the  proposed  committee                                                               
substitute (CS) for HB 34,  Version 28-LS0195\C, Nauman, 1/30/13,                                                               
as the  working document.   There being  no objection,  Version C                                                               
was before the committee.                                                                                                       
                                                                                                                                
2:30:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TAMMIE WILSON,  Alaska State Legislature, sponsor,                                                               
explained that the  original version of HB 34  would preclude the                                                               
state from complying  with a federal law,  federal regulation, or                                                               
presidential  executive   order  until  the   federal  government                                                               
provides a  written description telling  the state how  to comply                                                               
with,  and the  economic effect  on each  community of  complying                                                               
with,  the  federal  law,  federal  regulation,  or  presidential                                                               
executive order.  Version C of  HB 34, in contrast, precludes the                                                               
state from complying  with a federal law,  federal regulation, or                                                               
presidential executive  order until  the state requests  from the                                                               
federal government  a written description of  the economic effect                                                               
-  on the  state and  on each  community [and  on industry]  - of                                                               
complying   with  the   federal  law,   federal  regulation,   or                                                               
presidential  executive  order;  and  precludes  the  state  from                                                               
accepting  any  associated  federal   funding  until  either  the                                                               
federal   government  or   the   state   provides  that   written                                                               
description.   She  indicated that  the drafter  recommended this                                                               
change in  approach, and mentioned that  members' packets contain                                                               
examples, as  well as an  indeterminate fiscal note  submitted by                                                               
the  Office of  Management &  Budget (OMB).   In  conclusion, she                                                               
said, "I  believe every time we  take any money from  the federal                                                               
government, we should know what  strings are attached and ... how                                                               
it's going to affect the communities that we all live in."                                                                      
                                                                                                                                
CHAIR  KELLER noted  that language  on  page 2,  lines [4-7],  of                                                               
Version  C  stipulates   that  the  state  may   not  accept  the                                                               
associated  federal  funding  until  the  aforementioned  written                                                               
description is transmitted to the legislature.                                                                                  
                                                                                                                                
REPRESENTATIVE T. WILSON relayed that  under Version C, the state                                                               
would   request  the   written  description   from  the   federal                                                               
government, but  if the  federal government  does not  provide it                                                               
within 90 days,  then the state would provide it  and transmit it                                                               
to  the legislature.   She  mentioned  that under  the bill,  the                                                               
legislature  would  not  be determining  whether  to  accept  the                                                               
associated  federal  funding;   instead,  the  legislature  would                                                               
simply  be  informed  before   the  administration  accepts  such                                                               
funding.                                                                                                                        
                                                                                                                                
The committee took an at-ease from 2:37 p.m. to 2:39 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE T.  WILSON, in response  to a  question, indicated                                                               
that  a new  fiscal  note  from the  OMB  reflecting the  changes                                                               
incorporated in Version C would be forthcoming.                                                                                 
                                                                                                                                
2:40:49 PM                                                                                                                    
                                                                                                                                
MIKE  COONS,  mentioning  that he'd  provided  written  testimony                                                               
regarding the  original version  of HB 34,  said he  supports the                                                               
intent of the  bill though he believes that the  bill itself does                                                               
not yet go far  enough.  He suggested that Version C  of HB 34 be                                                               
changed:    such that  rather  than  merely requesting  from  the                                                               
federal government  a written description of  the economic effect                                                               
of  the   federal  law,   federal  regulation,   or  presidential                                                               
executive  order,  that the  state  instead  demand that  written                                                               
description from  the federal government; such  that that written                                                               
description  include information  about the  constitutionality of                                                               
the federal  law, federal  regulation, or  presidential executive                                                               
order;  and  such  that  it  require  the  federal  law,  federal                                                               
regulation, or  presidential executive  order to be  fully funded                                                               
by  the  federal government.    In  conclusion, Mr.  Coons  urged                                                               
passage of HB 34.                                                                                                               
                                                                                                                                
REPRESENTATIVE  T. WILSON  offered  her  understanding that  such                                                               
changes would violate the constitution.                                                                                         
                                                                                                                                
Due to teleconference-equipment  malfunctions, the committee took                                                               
an at-ease from 2:45 p.m. to 2:55 p.m.                                                                                          
                                                                                                                                
REPRESENTATIVE T.  WILSON, in closing,  relayed that HB  34 would                                                               
ensure that [the  legislature] is kept apprised  of the potential                                                               
economic effects of federal laws, federal regulations, and                                                                      
presidential executive orders, and reiterated that a new fiscal                                                                 
note from the OMB would be forthcoming.                                                                                         
                                                                                                                                
CHAIR KELLER relayed that HB 34 [Version C] would be held over.