Legislature(2021 - 2022)BELTZ 105 (TSBldg)
04/19/2022 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB227 | |
| SB144 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 227 | TELECONFERENCED | |
| += | SB 144 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 144-DISASTER EMERGENCY PROCLAMATIONS
3:41:28 PM
CHAIR HUGHES reconvened the meeting and announced the
consideration of SENATE BILL NO. 144 "An Act relating to
disaster emergencies."
3:41:39 PM
SENATOR D. WILSON moved to adopt the CS for SB 144, work order
32-LS0434\W, as the working document.
3:41:48 PM
CHAIR HUGHES objected for purposes of explanation. She invited
Daniel Phelps to review the explanation of changes from version
I to version W of SB 144.
3:42:00 PM
At ease.
3:42:20 PM
CHAIR HUGHES reconvened the meeting.
DANIEL PHELPS, Staff, Senator Shelley Hughes, Alaska State
Legislature, Anchorage, Alaska, reviewed the following
explanation of changes from version I to version W of SB 144.
[Original punctuation provided.]
Change 1 AS 18.15.390 (b) is removed from the bill
and the remaining sections are renumbered accordingly.
Change 2 Section 1 AS 22.10.020 (j) is amended by
removing the reference to AS 26.23.023 and changing
the requirement of the superior court to expedite
consideration of challenges to the lawfulness of state
and local emergency orders from 72 hours to 5 days.
Change 3 Section 2 AS 26.23.020 (c) is amended to
state that a substantially similar proclamation of
statewide disaster emergency may not take effect
unless the legislature approves it by law. New
language is added to state that the legislature may
terminate or amend a proclamation of disaster
emergency by law including through teleconference or
digital means. The limitation that a governor may not
issue more than one proclamation for the same or
related disaster emergency has been removed.
Change 4 Section 3 AS 26.23.020 adds two new
subsections. Subsection (l) establishes that in cases
where a substantially similar disaster emergency
proclamation is issued, or the legislature extends a
statewide declaration of disaster emergency by law
that the governor shall provide the legislature and
the general public an advisory economic impact
assessment or potential economic effects caused by the
proclamation or declaration. Subsection (m)
establishes that at the conclusion of a statewide
disaster emergency which has been extended beyond 30
days, the governor shall provide the legislature and
the general public a report detailing the economic
impacts of the disaster, the declaration of disaster
emergency, and of any subsequent orders related to the
declaration of disaster emergency within one year of
lifting the declaration.
Change 5 AS 26.23.023 is removed from the bill and
the remaining sections are renumbered accordingly.
Change 6 Section 4 AS 24.05.105 adds a new
subsection providing the legislature with the ability
to declare an emergency and discontinue meeting
physically because of the emergency and establishes
means of remote participation and voting.
Change 7 Section 5 AS 29.10.200 is amended with
clarifying and conforming language that limits home
rule powers for statewide disaster emergencies and
municipal emergency orders.
Change 8 Section 6 AS 29.20.650 is amended to state
that a municipality may not issue a mandate,
guideline, or recommendation that is stricter than a
mandate, guideline, or recommendation contained in a
statewide declaration of disaster emergency.
Change 9 Section 7 AS 22.10.020 (j) adds a new
section clarifying that Section 1 has the effect of
amending Rule 40 of the Alaska Rules of Civil
Procedure and conditions the passage of Section 1 on a
two-thirds majority vote of each house.
3:46:07 PM
CHAIR HUGHES commented that the Senate Community and Regional
Affairs Committee worked extensively with the bill sponsor to
fine-tune the CS for SB 144. She invited Buddy Whitt to give a
brief history of the changes.
3:47:13 PM
DANIEL "BUDDY" WHITT, Staff, Senator Shelley Hughes, Alaska
State Legislature, Palmer, Alaska, stated that after the first
hearing on SB 144 he reached out to learn what the sponsor
sought to accomplish with the bill and understand the purpose of
each section. After several conversations it became clear that
the sponsor was motivated to ensure that there is clear language
in the law that specifies the governor's and the legislature's
duties in the event of a statewide disaster declaration. To that
end, the CS removes some language so the bill focuses entirely
on statewide disaster declarations, and uses that as the basis
for the other policy recommendations in the bill. During those
initial conversations it also became clear that there is no
actionable mechanism for the legislature to do its duty if it
can't meet as a body. To resolve that issue, the CS incorporates
language from a bill going through the other body that provides
a comprehensive way for the legislature to meet and do its
business remotely in the event of another statewide disaster
declaration.
3:51:49 PM
CHAIR HUGHES commented on the importance of the bill and relayed
her belief that the intent was to embolden the legislature to
place a check on the governor during a disaster declaration,
although the mechanism was missing for the legislature to act
without convening in Juneau. The CS incorporates the language
from a bill Representative Chris Tuck introduced several years
ago that provides a mechanism for the legislature to vote when
it meets remotely. She acknowledged that the bill still needed
work and that it could be done in the Judiciary Committee. She
explained that the CS removed Section 1 because it referenced
action by commissioners and it should be very clear that in the
executive branch "the buck stops with the governor. She agreed
with Mr. Whitt that the CS focuses on statewide disaster
declarations as opposed to regional disaster declarations. The
CS also includes an economic assessment and the Court Rule
change; both were deemed important.
3:55:34 PM
CHAIR HUGHES removed her objection; finding no further
objection, CSHB 144, version W, was adopted.
3:55:46 PM
SENATOR D. WILSON asked whether the bill in the other body had a
fiscal note attached.
MR. WHITT answered that the bill has not had a hearing so no
fiscal note had been generated.
MR. WHITT relayed that the CS includes the Court Rule change
because Section 1 directs the court to [expedite any
constitutional challenge that may arise from a statewide
emergency order]. He said this will be discussed further in the
Judiciary Committee, but he wanted the committee to be aware
that passing a Court Rule change requires a two-thirds vote on
the floor.
CHAIR HUGHES asked the sponsor's staff whether she had any
comments on the CS.
3:57:28 PM
KELLI TOTH, Staff, Senator Laura Reinbold, Alaska State
Legislature, Anchorage, Alaska, stated that she had not had an
opportunity to review the CS with the sponsor, and therefore had
no comprehensive comments at this time.
CHAIR HUGHES welcomed Ms. Toth to join the conversations about
SB 144 that will take place in her office and in the Judiciary
Committee.
3:58:59 PM
CHAIR HUGHES opened public testimony on SB 144; finding none,
she closed public testimony.
3:59:32 PM
SENATOR D. WILSON moved to report SB 144, work order 32-
LS0434\W, from committee with individual recommendations and
attached fiscal note(s).
3:59:48 PM
CHAIR HUGHES found no objection and CSSB 144 (CRA) was reported
from Senate Community and Regional Affairs Standing Committee.