Legislature(2019 - 2020)BUTROVICH 205
05/19/2020 11:00 AM Senate RULES
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| Audio | Topic |
|---|---|
| Start | |
| HB313 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 313 | TELECONFERENCED | |
HB 313-RATIFYING RPLS/COVID-19 FUNDING
11:00:47 AM
CHAIR COGHILL announced the consideration of HOUSE BILL NO. 313,
"An Act 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."
CHAIR COGHILL requested a motion.
11:01:07 AM
SENATOR GIESSEL made a motion that clarified that the committee
was considering the version of HB 313 that passed the House,
work order 31-LS1826\M.
CHAIR COGHILL objected for an explanation.
11:01:54 AM
CAROLINE SCHULTZ, Staff, Senator von Imhof, Alaska State
Legislature, Juneau, Alaska, stated that HB 313 was identical to
SB 243 that was deliberated yesterday by Senate Finance and
debated and passed today by the full Senate.
MS. SCHULTZ delivered the sectional analysis for HB 313.
Section 1 Legislative Findings, Purpose and Intent
(pages 1-3). The legislative findings begin with a
timeline of the coronavirus pandemic and related state
and federal responses, including the disaster
declarations by the governor and president and passage
of the federal CARES Act. The findings section
explains the Revised Program Legislative (RPL) process
that began on April 21, 2020 when the first batch of
RPLs was submitted to the Legislative Budget and Audit
Committee (LB&A). On May 1, LB&A approved six RPLs and
over the next week the remaining RPLs were modified
with collaboration between the administration and the
legislature. On May 11, those remaining RPLs were
approved for a total of $1.14 billion in federal
funding.
Language on page 3, line 12 describes the purpose of
the act, which is to remove any uncertainty of the
status of the expenditure of the RPLs.
Subsection (c) on page 3, lines 16-19 describes the
intent of the legislature, which is that the
appropriations identified by the RPLs be increased as
approved by the Legislative Budget and Audit
Committee.
11:03:52 AM
SENATOR BEGICH pointed out that the words in subsection (c), "In
authorizing the expenditure of federal receipts as proposed by
the governor in the RPLs identified [under (a) of this section,]
it is the intent of the legislature..." are critical in
clarifying that this is constitutional.
11:04:12 AM
MS. SCHULTZ continued the sectional review of HB 313.
Section 2 Approval and Ratification (page 3). This
approves and ratifies the actions of the Legislative
Budget and Audit Committee and approves the RPLs
[described in Section 1].
Section 3 Suspension of Other Law (page 3). This
provides assurance that no other section of law can be
used to argue the validity of this ratification.
Section 4 Retroactive Clause (pages 3-4). Provides for
a retroactive effective date of May 1, 2020.
Section 5 Effective Date Clause (page 4).Provides an
immediate effective date for this Act.
MS. SCHULTZ reiterated that HB 313 is identical to SB 243, which
the Senate passed today.
11:05:00 AM
CHAIR COGHILL noted that Grace Ervine, Staff for House Rules,
was present and confirmed that the bills were identical.
SENATOR GIESSEL expressed appreciation for Senator Begich's
comment and provided additional historical perspective. She
advised that a similar bill was approved by the legislature on
May 15, 1987. She pointed out that in Section 1, subsection (c)
of HB 313 begins with the words, "In authorizing the
expenditure...". Language in subsection (c) of the 1987 bill
says, "In approving the one-year appropriations...". Section 2
of HB 313 says the legislature is approving the expenditures and
ratifying the actions of the Legislative Budget and Audit
Committee. The 1987 bill used those exact words and the Alaska
Supreme Court verified that those actions were constitutional
and appropriate. She said HB 313 mirrors that legislation except
that the initial words in subsection (c) of Section 1 more
firmly follows the Constitution.
11:06:40 AM
SENATOR VON IMHOF highlighted that Pat Pitney, the Director of
Legislative Finance, thoroughly presented the identical bill to
HB 313 in Senate Finance yesterday and the director of the
Office of Management and Budget answered questions about the
RPLs, and public testimony was heard. The committee discussed
each section of the bill, including the one Senator Giessel
described. She emphasized for the listening audience that this
bill has been thoroughly vetted.
CHAIR COGHILL noted that Megan Wallace and Pat Pitney were
available if there were questions. There were none.
11:07:50 AM
CHAIR COGHILL removed his objection and asked if there were any
further objections. Finding none, he solicited a motion.
11:07:58 AM
SENATOR GIESSEL moved to report HB 313, work order 31-LS1826\M,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR COGHILL found no objection and HB 313 was reported from
the Senate Rules Standing Committee.
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