Legislature(2021 - 2022)BUTROVICH 205
04/12/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB215 | |
| SB119 | |
| SB221 | |
| SB194 | |
| SB195 | |
| HB234 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 221 | TELECONFERENCED | |
| + | SB 119 | TELECONFERENCED | |
| += | SB 215 | TELECONFERENCED | |
| += | SB 194 | TELECONFERENCED | |
| += | SB 195 | TELECONFERENCED | |
| += | HB 234 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 221-CHANGING RPL PROCESS
3:59:55 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 221
"An Act relating to appropriations of federal receipts; and
relating to an increase of an appropriation based on additional
federal receipts."
He said the committee adopted version I when the bill was first
heard and there were amendments for the committee to consider
today.
CHAIR SHOWER asked the sponsor to give the committee a high
level summary of the bill.
4:00:22 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,
Alaska sponsor of SB 221, stated that the bill seeks to fix an
arguably unconstitutional problem with the Revised Program
Legislative (RPL) process. The process currently allows the
governor to appropriate funds without legislative approval even
though the state constitution clearly identifies the legislature
as the appropriating body. He noted that his office worked with
committee staff on amendments to address some of the concerns
the committee articulated.
CHAIR SHOWER asked if there were questions.
4:01:43 PM
SENATOR COSTELLO asked the chair to identify the sponsor of each
of the amendments as they're introduced.
CHAIR SHOWER stated his intention to offer the amendments.
SENATOR REINBOLD stated support for the bill.
4:02:20 PM
CHAIR SHOWER moved Amendment 1, work order 32-LS1472\I.1.
32-LS1472\I.1
Marx
4/9/22
AMENDMENT 1
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 1, line 1, following "Act":
Insert "relating to special sessions of the
legislature;"
SENATOR HOLLAND objected for an explanation.
4:02:45 PM
SONJA KAWASAKI, Staff, Senator Bill Wielechowski, Alaska State
Legislature, Juneau, Alaska, explained that Amendment 1 amends
the title to include the topic of "special sessions." She
credited Senator Costello for identifying that the bill
addressed special sessions but the title didn't reflect that. It
was an inadvertent omission.
4:03:26 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 1 was
adopted.
4:03:42 PM
CHAIR SHOWER moved Amendment 2, work order 32-LS1472\I.2.
32-LS1472\I.2
Marx
4/9/22
AMENDMENT 2
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 1, line 1:
Delete "and"
Page 1, line 2, following "receipts":
Insert "; and providing for an effective date"
Page 3, following line 31:
Insert a new bill section to read:
"* Sec. 5. This Act takes effect immediately under
AS 01.10.070(c)."
SENATOR HOLLAND objected for discussion purposes.
MS KAWASAKI stated that Amendment 2 establishes an immediate
effective date rather than the default 90 days after the
legislation is enacted. She said the sponsor's preference is to
have an immediate effective date and it was an oversight not to
have included that in the original version.
4:04:37 PM
SENATOR KAWASAKI asked how the applicability provision in
Section 4 fit with the immediate effective date in Section 5.
MS. KAWASAKI explained that the applicability provision relates
to an appropriation bill the legislature may have passed before
the new RPL process in SB 221 is enacted. The bill would not
apply to those appropriations. She noted that Legislative Legal
Services had advised that a special provision in the operating
budget prevents the forthcoming federal infrastructure funding
from being covered under the RPL process.
4:06:32 PM
SENATOR KAWASAKI asked if she was referring to the contingency
language in the last several sections of the operating budget,
HB 281.
MS. KAWASAKI answered yes; SCS CSHB 281(FIN) provides that the
various pockets of federal funds coming to Alaska, including
Infrastructure Investment and Jobs Act (IIJA) funding, will not
be subject to the RPL process.
CHAIR SHOWER commented that those funds wouldn't fall under the
RPL process even if SB 221 were to pass with an immediate
effective date.
MS. KAWASAKI agreed.
4:07:48 PM
SENATOR COSTELLO asked if the idea was for the legislature to
call itself into special session thereby avoiding an RPL process
and ensuring that more legislators would participate in the
distribution of the federal funds.
MS. KAWASAKI said she couldn't speak to any intent, but the
Senate Finance Committee had discussed the notion that federal
infrastructure dollars for certain capital projects would be
included in the Senate version of the capital budget.
CHAIR SHOWER asked what funding SB 221 would apply to if it were
to pass with an immediate effective date.
SENATOR WIELECHOWSKI answered that it would depend on timing.
Should SB 221 be signed into law before the budget passes, it
would apply to any subsequent budgets that pass. He noted that
the administration did not support placing tighter controls on
the RPL process in the budget. He was nevertheless proposing
amendments.
4:10:21 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 2 was
adopted.
4:10:37 PM
CHAIR SHOWER moved Amendment 3, work order 32-LS1472\I.4.
32-LS1472\I.4
Marx
4/9/22
AMENDMENT 3
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 2, line 19:
Delete "an"
Insert "a funded"
Page 2, line 20, following "item":
Insert "or a maximum funding amount for a new
appropriation item"
Page 2, line 21, following the second occurrence of
"the":
Insert "funded"
Page 2, lines 22 - 25:
Delete "The increase of the appropriation item
[BASED ON ADDITIONAL FEDERAL OR OTHER PROGRAM RECEIPTS
NOT SPECIFICALLY APPROPRIATED BY THE FULL LEGISLATURE]
may be expended only"
Insert "Expenditures under this subsection [BASED
ON ADDITIONAL FEDERAL OR OTHER PROGRAM RECEIPTS NOT
SPECIFICALLY APPROPRIATED BY THE FULL LEGISLATURE] may
be made only [EXPENDED]"
Page 2, line 30, following the second occurrence of
"the":
Insert "funded appropriation item or for the new"
Page 3, line 1, following "of":
Insert "funded appropriation items or new"
Page 3, line 7:
Delete "an"
Insert "a funded appropriation item or the
maximum funding amount for a new"
Page 3, line 24:
Delete "a specific maximum increase"
Insert "expenditures"
Page 3, line 26:
Delete "by a specific maximum increase"
SENATOR HOLLAND objected for an explanation.
MS. KAWASAKI explained that Amendment 3 permits a maximum
funding amount for new appropriations. Without this provision,
the legislature could only authorize an increase of an
appropriation item in an active appropriation bill. The
amendment provides flexibility for the legislature to add
appropriation items not already in the budget. It also reflects
the current practice of the legislative budget process under the
budget section referencing permissible RPL spending. She noted
that the operating budget under consideration in the Senate
Finance Committee provides for open-ended authority.
4:11:50 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 3 was
adopted.
4:12:07 PM
CHAIR SHOWER moved Amendment 4, work order32-LS1472\I.5.
32-LS1472\I.5
Marx
4/9/22
AMENDMENT 4
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 1, line 1, following "federal":
Insert "or other"
Page 1, line 2, following "federal":
Insert "or other"
Page 2, line 20, following "federal":
Insert "or other"
Page 3, line 12:
Delete "[OR OTHERWISE]"
Insert "or otherwise"
Page 3, line 23, following "federal":
Insert "or other"
Page 3, line 25, following "federal":
Insert "or other"
SENATOR HOLLAND objected for an explanation.
4:12:31 PM
MS. KAWASAKI explained that the bill addresses federal receipts
the state may receive and Amendment 4 adds the other receipts
that are not specifically identified. This amendment is needed
to accommodate the receipt and appropriation of nonfederal
sources of funding. It would enable the legislature to provide
for spending through the RPL process while also establishing
limits to that spending. The amendment tracks the ability to do
so, which is in the existing RPL process
4:13:49 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 4 was
adopted.
4:14:06 PM
CHAIR SHOWER moved Amendment 5, work order 32-LS1472\I.6.
32-LS1472\I.6
Marx
4/9/22
AMENDMENT 5
OFFERED IN THE SENATE
TO: CSSB 221( ), Draft Version "I"
Page 2, line 28, through page 3, line 1:
Delete all material and insert:
"(2) the Legislative Budget and Audit
Committee
(A) shall
(i) review the revised program; and
(ii) notify the full legislature that the
revised program is available for review and comment;
and
(B) may recommend to the governor an
alternative funding amount for the specific maximum
increase of the appropriation item or alternative
funding distributions among multiple specific maximum
increases of appropriation items in an applicable
appropriation bill or bills;"
SENATOR HOLLAND objected for an explanation.
4:14:27 PM
MS. KAWASAKI explained that Amendment 5 requires the Legislative
Budget and Audit (LB&A) Committee to notify the full legislature
that the proposed RPL packages were available for review and
comment. This must be done before LB&A makes any other
recommendations to the governor. She thanked the committee
members for requesting this addition.
SENATOR COSTELLO said she didn't believe the provision in sub-
subparagraph ii on lines 6-7 was clear about who would do the
review and comment. She suggested adding "by the full
legislature" following the word "comment".
4:16:35 PM
MS. KAWASAKI agreed that would add clarity.
SENATOR KAWASAKI offered his understanding that the legislature
already receives notification from LB&C about a new RPL.
4:17:17 PM
SENATOR REINBOLD opined that the amendment to Amendment 5 added
the needed clarification.
4:18:08 PM
At ease
4:23:04 PM
CHAIR SHOWER reconvened the meeting.
4:23:12 PM
SENATOR COSTELLO moved Amendment 1 to Amendment 5. 221.
AMENDMENT 1 TO AMENDMENT 5, I.6
BY SENATOR COSTELLO
Page 1, line 7, following "comment":
Insert "by the full legislature"
CHAIR SHOWER objected for an explanation.
SENATOR COSTELLO explained that the addition makes it clear that
the review and comment is by all legislators, not just the LB&A
committee.
SENATOR REINBOLD asked Senator Costello to repeat the
explanation.
SENATOR COSTELLO said the amendment clarifies that the review
and comment is by the full legislature.
4:24:28 PM
CHAIR SHOWER removed his objection to Amendment 1 to Amendment
5; finding no questions or further objection, the amendment to
the amendment was adopted.
4:24:48 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER found no further objection and Amendment 5, as
amended, was adopted.
4:25:42 PM
SENATOR WIELECHOWSKI thanked the committee for the thoughtful
process.
CHAIR SHOWER polled the committee for any objection to moving
the bill; finding none, he solicited a motion.
4:26:07 PM
SENATOR HOLLAND moved to report CSSB 221, work order 32-
LS1472\I, as amended, from committee with individual
recommendations and attached fiscal note(s).
CHAIR SHOWER found no objection and CSSB 221(STA) was reported
from the Senate State Affairs Standing Committee. He authorized
Legislative Legal Services to make any technical or conforming
changes.