04/16/2024 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB174 | |
| SJR20 | |
| SCR13 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 279 | TELECONFERENCED | |
| += | SB 174 | TELECONFERENCED | |
| += | SJR 20 | TELECONFERENCED | |
| += | SCR 13 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 16, 2024
1:33 p.m.
MEMBERS PRESENT
Senator Forrest Dunbar, Chair
Senator Elvi Gray-Jackson
Senator Jesse Bjorkman
Senator Cathy Giessel
MEMBERS ABSENT
Senator Donald Olson, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 174
"An Act relating to the Honor and Remember Flag and the Honor
and Sacrifice Flag."
- MOVED CSSB 174(CRA) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 20
Urging the United States Congress to address outages of
Automated Weather Observing System stations and Automated
Surface Observing System stations occurring in the state.
- MOVED CSSJR 20(CRA) OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 13
Relating to the procedure that the Thirty-Third Alaska State
Legislature will use to reconsider bills and items vetoed by the
governor.
- MOVED SCR 13 OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 279(CRA) AM
"An Act relating to the Local Boundary Commission; and providing
for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 174
SHORT TITLE: HONOR & REMEMBER/HONOR & SACRIFICE FLAGS
SPONSOR(s): SENATOR(s) BJORKMAN
01/16/24 (S) PREFILE RELEASED 1/12/24
01/16/24 (S) READ THE FIRST TIME - REFERRALS
01/16/24 (S) CRA
04/02/24 (S) CRA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/04/24 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
04/04/24 (S) Heard & Held
04/04/24 (S) MINUTE(CRA)
04/16/24 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SJR 20
SHORT TITLE: WEATHER OBSERVING SYSTEM STATION OUTAGES
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
04/03/24 (S) READ THE FIRST TIME - REFERRALS
04/03/24 (S) CRA
04/09/24 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
04/09/24 (S) Heard & Held
04/09/24 (S) MINUTE(CRA)
04/16/24 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SCR 13
SHORT TITLE: ART. II, SEC. 16, CONST: AFFIRM COMPLIANCE
SPONSOR(s): JUDICIARY
04/08/24 (S) READ THE FIRST TIME - REFERRALS
04/08/24 (S) CRA
04/08/24 (S) CRA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/11/24 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
04/11/24 (S) Heard & Held
04/11/24 (S) MINUTE(CRA)
04/16/24 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
ARIELLE WIGGIN, Staff
Senator Forrest Dunbar
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of changes for SB 174.
ARIELLE WIGGIN, Staff
Senator Forrest Dunbar
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of changes for SJR 20.
SENATOR SHELLEY HUGHES, District M
Alaska State Legislature
Palmer, Alaska
POSITION STATEMENT: Testified during the discussion on
Conceptual Amendment 1 to SJR 20.
MIKE JONES, Assistant Professor of Economics
Institute of Social and Economic Research (ISER)
University of Alaska Anchorage (UAA)
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony in support of SJR 20.
ACTION NARRATIVE
1:33:02 PM
CHAIR FORREST DUNBAR called the Senate Community and Regional
Affairs Standing Committee meeting to order at 1:33 p.m. Present
at the call to order were Senators Gray-Jackson, Bjorkman, and
Chair Dunbar. Senator Giessel arrived immediately thereafter.
SB 174-HONOR & REMEMBER/HONOR & SACRIFICE FLAGS
1:34:04 PM
CHAIR DUNBAR announced the consideration of SENATE BILL NO. 174
"An Act relating to the Honor and Remember Flag and the Honor
and Sacrifice Flag."
This is the second hearing of SB 174 in the Senate Community and
Regional Affairs Standing Committee. The intention is to hear a
committee substitute (CS) and to look to the will of the
committee to report SB 174 out.
1:34:29 PM
CHAIR DUNBAR solicited a motion.
1:34:34 PM
SENATOR GRAY-JACKSON moved to adopt the committee substitute
(CS) for SB 174, work order 33-LS0962\S, as the working
document.
1:34:47 PM
CHAIR DUNBAR objected for purposes of discussion. He invited Ms.
Wiggins to put herself on the record to present the summary of
changes.
1:35:03 PM
ARIELLE WIGGIN, Staff, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, presented the following summary of
changes for SB 174.
[Original punctuation provided.]
Summary of Changes
Version B to Version S
Section 1
Page 2, Line 2 and Page 3, Line 15: Adds new language
that specifies both flags addressed in SB 174 may be
displayed on any day of the year, including the listed
days of remembrance.
Page 2 Line 5: Adds a new subsection, AS
44.09.097(c)(3), that lists Alaska Veteran's Poppy Day
as a day on which the Honor and Remember Flag may be
displayed.
Section 2
Page 4, Line 6: a new section is added to the
uncodified law of the State of Alaska explaining that
AS 44.09.097(c)(3) only comes into effect if Alaska
Veteran's Poppy Day is passed into law.
1:35:32 PM
SENATOR GIESSEL joined the meeting.
1:35:53 PM
CHAIR DUNBAR withdrew his objection. He found no further
objection, and CSSB 174 was adopted as the working document.
CHAIR DUNBAR invited Senator Bjorkman to making closing comments
on his bill.
1:36:29 PM
SENATOR BJORKMAN testifying as sponsor of SB 174 emphasized the
focus on the "Honor and Remember" and "Honor and Sacrifice"
flags. He stated that these flags serve as a tribute to those in
the armed services and first responders who have lost their
lives in the line of duty, recognizing their ultimate sacrifice
for freedom and public safety. He thanked the committee for
supporting SB 174 and for establishing state symbols that honor
the sacrifices of those individuals and their families.
1:37:38 PM
CHAIR DUNBAR solicited the will of the committee.
1:37:43 PM
SENATOR GIESSEL moved to report CSSB 174, work order 33-
LS0962\S, from committee with individual recommendations and
attached fiscal note(s).
1:38:01 PM
CHAIR DUNBAR found no objection and CSSB 174(CRA) was reported
from the Senate Community and Regional Affairs Standing
Committee.
1:38:05 PM
At ease.
SJR 20-WEATHER OBSERVING SYSTEM STATION OUTAGES
1:43:25 PM
CHAIR DUNBAR reconvened the meeting and announced the
consideration of SENATE JOINT RESOLUTION NO. 20 Urging the
United States Congress to address outages of Automated Weather
Observing System stations and Automated Surface Observing System
stations occurring in the state.
This is the second hearing of SJR 20 in the Senate Community and
Regional Affairs Standing Committee. The intention is to
consider a committee substitute (CS) and look to the will of the
committee to report the resolution out.
1:43:46 PM
CHAIR DUNBAR solicited a motion.
1:43:49 PM
SENATOR GIESSEL moved to adopt the committee substitute (CS) for
SJR 20, work order 33-LS1505\S, as the working document.
1:43:57 PM
CHAIR DUNBAR objected for purposes of discussion.
1:44:11 PM
ARIELLE WIGGIN, Staff, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, presented the following summary of
changes for SJR 20.
[Original punctuation provided.]
Summary of Changes
Version B to Version S
Page 5, Line 9
List of recipients of Senate Joint Resolution 20
expanded to include the below list of officials, in
addition to Alaska's Congressional Delegation:
• US Transportation Secretary Pete Buttigieg
• FAA Administrator Michael G. Whitaker
• FAA Executive Director for National Engagement and
Regional Administration Sean Torpey
• FAA Alaskan Regional Administrator Mike O'Hare
• NWS Director Ken Graham
• NWS Regional Director Alaska Region Scott Lindsey,
PhD.
• DOT&PF Commissioner Ryan Anderson
• Governor Mike Dunleavy.
1:44:50 PM
CHAIR DUNBAR withdrew his objection. He found no further
objection, and CSSJR 20 was adopted as the working document.
1:45:03 PM
CHAIR DUNBAR moved to adopt Conceptual Amendment 1 to CSSJR 20.
[Original punctuation provided.]
CONCEPTUAL AMENDMENT 1
BY SENATOR DUNBAR
Add following list of recipients to receive copies at
end of resolution: where appropriate:
"the US Senate and US House Chairs and Ranking Members
of the FAA Reauthorization Act Pre-Conference
Committee: Senator Maria Cantwell, Senator Ted Cruz,
Representative Sam Graves, and Representative Rick
Larson"
1:45:41 PM
SENATOR GIESSEL objected for purposes of discussion.
1:45:45 PM
CHAIR DUNBAR invited Senator Hughes to speak to Conceptual
Amendment 1.
1:45:59 PM
SENATOR SHELLEY HUGHES, District M, Alaska State Legislature,
Palmer, Alaska, explained that when requests, like SJR 20, are
sent to Washington, D.C., there is often uncertainty about
whether they are read and who needs to see them. She noted that
in this case, the four named members are directly involved in
crafting the final version of the bill in a pre-conference
committee. Instead of following the typical process where the
Senate passes its version and differences are resolved in a
conference committee, leadership has chosen to work on a Senate
version that will be acceptable to both chambers. She emphasized
that these individuals, who are working under a May 10
extension, are the critical audience for the request,
particularly regarding language to address issues with automated
weather observation systems at rural airports. While it is
helpful for others to see the request, the immediate priority is
ensuring this specific group reviews it.
1:47:15 PM
SENATOR GIESSEL withdrew her objection to Conceptual Amendment
1.
1:47:22 PM
CHAIR DUNBAR found no further objection, and Conceptual
Amendment 1 was adopted.
1:47:27 PM
CHAIR DUNBAR announced invited testimony for SJR 20.
1:47:55 PM
MIKE JONES, Assistant Professor of Economics, Institute of
Social and Economic Research (ISER), University of Alaska
Anchorage (UAA), Anchorage, Alaska, gave invited testimony in
support of SJR 20. He expressed appreciation for the enthusiasm
and interest in SJR 20 and its subject. He noted the importance
of [weather and surface observing system] infrastructure for
authorizing flights under challenging weather conditions,
enabling air carriers to transport people and goods to rural
areas reliant on aviation systems. He acknowledged the sector's
complex technological and logistical challenges and emphasized
that this issue consistently emerges as a top priority among
stakeholders. As a researcher in the field, he expressed
gratitude that policymakers recognize the significance of the
issue and are taking action, fostering real momentum.
1:49:17 PM
CHAIR DUNBAR thanked Mr. Jones for his invited testimony.
1:49:26 PM
CHAIR DUNBAR solicited the will of the committee.
1:49:26 PM
SENATOR GIESSEL moved to report CSSJR 20, work order 33-
LS1505\S, as amended, from committee with individual
recommendations.
1:49:45 PM
CHAIR DUNBAR found no objection and CSSJR 20(CRA) was reported
from the Senate Community and Regional Affairs Standing
Committee.
1:49:55 PM
At ease.
SCR 13-ART. II, SEC. 16, CONST:AFFIRM COMPLIANCE
1:51:23 PM
CHAIR DUNBAR reconvened the meeting and announced the
consideration of SENATE CONCURRENT RESOLUTION NO. 13 Relating to
the procedure that the Thirty-Third Alaska State Legislature
will use to reconsider bills and items vetoed by the governor.
This is the second hearing of SCR 13 in the Senate Community and
Regional Affairs Standing Committee. The intention is to look to
the will of the committee to report the resolution out. He
invited Senator Claman to put himself on the record and make
closing remarks.
1:51:53 PM
CHAIR CLAMAN said he would answer questions if there were any.
He encouraged the committee to move forward with SCR 13.
1:52:09 PM
SENATOR BJORKMAN referenced SCR 13 and discussions regarding its
interpretation, highlighting that it appears to deviate from
decades of legislative practice on when the legislature meets to
address veto overrides, especially for budget item vetoes. He
questioned why previous testimony stressed the necessity of a
joint session and vote after the first year of a legislature,
yet there seems to be no similar urgency or requirement in odd
years unless a special session is called. He expressed
difficulty understanding the consistency between the mandated
joint session for budget veto overrides in even years and the
more discretionary approach in odd years, seeking clarification
on this discrepancy.
1:53:50 PM
SENATOR CLAMAN replied that he believed the question had two
parts. First, he addressed what occurred between the
Constitutional Convention and current practice, noting that the
convention minutes, clearly show that the drafters of the
Constitution and those who adopted the amendment including the
term "immediately" understood it to mean the legislature would
meet promptly. He added that in the early legislatures, when the
first veto occurred, the rules committee met, conferred, and
agreed they needed to act quickly, consistent with the
"immediately" language in the Constitution. At some point
thereafter legislators stopping reading the language of the
Constitution consistently. After the early legislatures, there
was a time when [Uniform] Rule 51 was followed instead of
[Uniform] Rule 45, even though it is standard legal analysis to
apply the more specific rule to the more specific situation. He
stated he did not know why the legislators chose not to pay
attention to the language of the Constitution or follow the more
specific Rule 45. He stated art II, sec. 16 of the Constitution
of the State of Alaska was amended in the 1970's to add the
five-day period for clarity. The amendment met no meaningful
opposition.
1:55:45 PM
SENATOR CLAMAN stated his belief that the second question
concerns why there is a differing perspective on meeting
"immediately" versus meeting within five days between the first
regular session and the second regular session. He clarified
that a veto alone does not trigger a special session; either the
governor must call a session, or the legislature must gather
enough votes to convene. Without a special session, there is no
event that brings the legislature together to take up the
reconsideration. The difference between the first regular
session and the second regular session is that legislature does
not meet again unless there is a special session. When a new
legislature is elected it does not have the authority to
reconsider the actions of the prior legislature. He emphasized
the constitutional language requiring action within five days
when the legislature reconvenes but pointed out that this
applies only when the legislature is already meeting again,
either in regular or special session.
1:58:43 PM
SENATOR BJORKMAN expressed interest in how this legislative body
and process, after decades, is now seeking to adopt a novel
interpretation of how veto overrides are considered. He
suggested it would make more sense to have provisions in
practice, if the legislature were forced to consider veto
overrides, that would implore the legislature to consider all
items vetoed. However, he noted that earlier in the session,
some members supported a practice of convening in joint session
and gaveling out without addressing or discussing vetoed items,
which he argued does not align with public expectations or a
desirable outcome.
1:59:55 PM
SENATOR BJORKMAN emphasized that the legislature should have the
ability to call itself into joint session to consider vetoes and
questioned the inconsistency of having a structured process in
even years but effectively no process in odd years. He stated
that for SJR 13 to gain this support, substantial clarification
is needed on why past legislatures deviated from the process
outlined in earlier analysis. He concluded by asserting that the
legislature must adopt a consistent practice. He opined that the
current inconsistency is unlikely to meet public expectations.
Therefore, he could not support SJR 13.
2:01:12 PM
SENATOR GIESSEL commented that, as a former presiding officer,
she observed that for the legislature to call itself into a
special sessionnecessary to override a vetoa very high vote
count is required. She noted that Uniform Rules specify the vote
threshold needed to call a special session.
2:01:53 PM
CHAIR CLAMAN stated his recollection that the Constitution
requires a two-thirds vote from each body to convene a special
session. He noted that Uniform Rules align with the
Constitution, which takes precedence.
2:02:23 PM
SENATOR GIESSEL stated that a two-thirds vote is challenging to
reach. She explained that as a former presiding officer she
desired to call [a special session of the legislature] to
override some vetoes following a [first session of a two-year
legislature] and in collaboration with the Speaker of the House
but could not achieve the required votes. She questioned how the
legislature could be required to reach the number [of votes] to
call a [special session]. She said that negotiating the votes to
call a special session often necessitates constraining the scope
of items to override. She said this is the practical application
of what might be sterilely viewed as an inadequate process. She
emphasized that it is extremely hard to get the required vote
count to call a special session.
2:03:43 PM
CHAIR DUNBAR opined that Senator Bjorkman raised two additional
points of interest. First, how it could be that a law was in
place all along, but legislators were not following it. He
provided an example of a likely unconstitutional statute that
was being followed until a recent lawsuit challenged it. He
stated that laws are sometimes interpreted incorrectly and found
the analysis done by Ms. Orlansky persuasive, indicating that
two rules existed and the [less specific] one was followed. He
said the second point concerned the odd versus even years of a
legislature and that every two years there is a new legislature
Each legislature is legally a separate entity under
constitutional law even though it may appear to a lay person to
be the same. A prior legislature cannot force the next
legislature to take up a matter. He opined that although it
feels strange, it is the correct legal interpretation under the
constitution. He stated he supports SJR 13 and realized he did
not think deeply about the issue until it was raised.
2:06:16 PM
CHAIR DUNBAR solicited the will of the committee.
2:06:17 PM
SENATOR GIESSEL moved to report SCR 13, work order 33-LS1543\B,
from committee with individual recommendations and attached zero
fiscal note(s).
2:06:30 PM
SENATOR BJORKMAN objected.
2:06:36 PM
CHAIR DUNBAR asked for a roll call vote.
A roll call vote was taken. Senators Giessel, Gray-Jackson, and
Dunbar voted in favor of reporting SCR 13 from committee and
Senator Bjorkman voted against it. The vote was 3:1.
CHAIR DUNBAR announced that SCR 13 was reported from committee
on a vote of 3 yeas and 1 nays.
2:07:04 PM
At ease
2:08:20 PM
CHAIR DUNBAR reconvened the meeting at 2:08 p.m.
2:08:31 PM
There being no further business to come before the committee,
Chair Dunbar adjourned the Senate Community and Regional Affairs
Standing Committee meeting at 2:08 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJR 20 Senate Community and Regional Affairs CS Version S 4.16.24.pdf |
SCRA 4/16/2024 1:30:00 PM |
SJR 20 |
| SB 174 Senate Community and Regional Affairs CS Version S 4.16.24.pdf |
SCRA 4/16/2024 1:30:00 PM |
SB 174 |
| SJR 20 Summary of Changes, Version B to Version S 4.16.24.pdf |
SCRA 4/16/2024 1:30:00 PM |
SJR 20 |
| SB 174 Summary of Changes, Version B to Version S 4.16.24.pdf |
SCRA 4/16/2024 1:30:00 PM |
SB 174 |