Legislature(1999 - 2000)

05/14/1999 08:45 AM Senate 101

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SB 101-DISASTERS: DEFINITION & FUND                                                                         
                                                                                                                                
CO-CHAIR HALFORD called  the Conference Committee on SB 101 to order                                                            
at 8:45 a.m.   All members were present  except Senator Parnell  who                                                            
was attending a Senate Finance Committee meeting.                                                                               
                                                                                                                                
GEORGE UTERMOHLE,  legislative counsel, Legislative  Affairs Agency,                                                            
gave the following explanation  of the differences between the final                                                            
House and Senate versions of SB 101.                                                                                            
                                                                                                                                
Section 1, the intent section, is identical in both versions.                                                                   
                                                                                                                                
Section  2 amends  AS  26.23.020(c).   The  Senate provided  that  a                                                            
disaster  emergency  can be  extended  by law.   The  House  version                                                            
contains  existing language  that provides  for an extension  of the                                                            
emergency  declaration by  concurrent resolution  and adds  language                                                            
requiring  the  governor  to  state under  which  provision  of  the                                                            
Disaster Relief Act he intends to expend funds.                                                                                 
                                                                                                                                
Section 3 of  the Senate version is  comparable to Section  4 of the                                                            
House  version;  both  amend  AS 26.23.025  which  pertains  to  the                                                            
Legislature's  role in regard to disaster  emergencies.   Subsection                                                            
(a) of the  Senate bill requires that  the financing plan  relate to                                                            
the sources  of money identified under  AS 26.23.050.  That  statute                                                            
gives  the governor  authority  to,  on a  sequential  basis,  first                                                            
expend money  appropriated  for disasters,  then use funds  from the                                                            
Disaster  Relief Fund,  and then  use any other  appropriated  state                                                            
funds  as necessary  to respond  to the  disaster.   The  comparable                                                            
language in the  House version requires the governor  to set out, in                                                            
his disaster declaration  and financing plan, more  detail about the                                                            
source of  the money and  how it will be  spent.  Subsection  (b) of                                                            
the Senate  version states  that any actions  taken by the  governor                                                            
that are not ratified by  law during the regular legislative session                                                            
or during  a special  session following  the  declaration are  void.                                                            
The  House  version  retains  the  existing   requirement  that  the                                                            
governor's actions be ratified by concurrent resolution.                                                                        
                                                                                                                                
CO-CHAIR  HALFORD stated  the Senate  required an  extension by  law                                                            
rather than  concurrent resolution  because of court decisions.   He                                                            
questioned whether the goal can be achieved with a resolution.                                                                  
                                                                                                                                
MR. UTERMOHLE  said there is a serious legal question  as to whether                                                            
the legislature could take action with a concurrent resolution.                                                                 
                                                                                                                                
MR. UTERMOHLE continued  with the comparison of the House and Senate                                                            
versions of SB  101.  Subsection (c) of the Senate  version provides                                                            
that the  legislature may  terminate a disaster  declaration  at any                                                            
time by law.  The House  version retains the existing language which                                                            
allows  the legislature  to  terminate  an emergency  by  concurrent                                                            
resolution.                                                                                                                     
                                                                                                                                
Section  4 of the  Senate version  amends the  Disaster Relief  Fund                                                            
statute (AS 26.23.300);  neither bill proposes to  change subsection                                                            
(a) of that statute.                                                                                                            
                                                                                                                                
The significant  portion of this bill, particularly  the amount that                                                            
the governor may  expend in regard to a particular  disaster, is set                                                            
out in subsection  (b) and subsequent  sections of Section  4 of the                                                            
Senate version.   The comparable language  is found in Section  3 of                                                            
the House  version.   The House  proposes to address  this issue  as                                                            
part  of AS  26.23.020  rather than  use  monies from  the  Disaster                                                            
Relief Fund, partly because  the divisions have been expanded and do                                                            
not only relate  to limitations on  how the Disaster Relief  Fund is                                                            
to  be spent,  but  also because  it  places a  cap on  total  state                                                            
expenditures.  This  language   is more  appropriately   dealt  with                                                            
outside of the Disaster  Relief Fund statute.  Both versions set the                                                            
first level of  expenditures at $500,000 however the  two bills take                                                            
slightly different approaches.                                                                                                  
                                                                                                                                
Number 122                                                                                                                      
                                                                                                                                
SENATOR HOFFMAN  asked Mr.  Utermohle where  the language should  be                                                            
placed in statute  if it is not placed  in the Disaster Relief  Fund                                                            
statute.                                                                                                                        
                                                                                                                                
MR. UTERMOHLE answered  the House version approaches that subject as                                                            
part  of AS  26.23.020  which  deals  with the  governor's  role  in                                                            
declaring a disaster.                                                                                                           
                                                                                                                                
CO-CHAIR  HALFORD noted  the Senate  made that change  with a  floor                                                            
amendment.                                                                                                                      
                                                                                                                                
MR. UTERMOHLE  continued.   The House version  makes two changes  to                                                            
subsection (b) of the Disaster  Relief Act statute.  One, it removes                                                            
the caps  from statute, and  two, it amends  the statute so  that it                                                            
sets  out the  purposes  for which  the fund  may  be used.   It  is                                                            
essentially a  continuation of existing law but it  conforms closely                                                            
to the removal of the caps.                                                                                                     
                                                                                                                                
Number 150                                                                                                                      
                                                                                                                                
REPRESENTATIVE  BUNDE asked  why both  versions  contain a  $500,000                                                            
limitation if the House  removed its limitation.  MR. UTERMOHLE said                                                            
both versions have a cap.                                                                                                       
                                                                                                                                
MR. UTERMOHLE  indicated  the Senate version  contains a  $1,000,000                                                            
limit on expenditures  from the Disaster  Relief Fund.  In  order to                                                            
reach the  $1,000,000 limit,  the President  must declare a  federal                                                            
disaster.     The  House   version  places   a  $1,000,000   cap  on                                                            
expenditures but  did not tie it to a federal disaster  declaration.                                                            
 The purposes for which  the $1,000,000 can be used are identical in                                                            
both bills, however the procedure to reach the cap differs.                                                                     
                                                                                                                                
Subsection (d)  of the Senate version allows the governor  to use up                                                            
to $5,000,000  to address a wildland  fire.  The House version  does                                                            
not contain a cap on expenditures for wildland fires.                                                                           
                                                                                                                                
CO-CHAIR  HALFORD asked if  the House exempted  wildland fires  from                                                            
the limitations.   An unidentified  committee  member said  that was                                                            
correct.    CO-CHAIR  HALFORD  noted the  Senate  agrees  with  that                                                            
approach.                                                                                                                       
                                                                                                                                
MR. UTERMOHLE  explained that subsection  (e) of the Senate  version                                                            
and  the comparable  section  in  the House  version  establishes  a                                                            
procedure  by which  the governor  would  be allowed  to exceed  the                                                            
expenditure  caps.   Each house  sets out  a procedure  to give  the                                                            
governor additional  expenditure authority if the  legislature is in                                                            
session.   If  the legislature  is  not  in session,  both  versions                                                            
provide for alternative  mechanisms. The House version  involves the                                                            
calling  of  a  special  session  and  legislative   approval  of  a                                                            
financing plan, or an alternative  procedure whereby the Legislature                                                            
can decide it did not intend,  or need, to come into special session                                                            
to address  the Governor's  financing plan.   The Senate version  is                                                            
more detailed in that it  provides for a written poll of all members                                                            
and a response  from all members.   That response would include  the                                                            
legislator's  feelings about  the plan, understanding  of the  plan,                                                            
and opinion about the need to call a special session.                                                                           
                                                                                                                                
Number 206                                                                                                                      
                                                                                                                                
CO-CHAIR  HALFORD  informed  committee  members  that  in  the  past                                                            
legislators have  received a letter from the Governor  in the middle                                                            
of the summer  asking if they want  to have a special session.   The                                                            
almost  universal response  is immediately,  "no".   The problem  is                                                            
that  response has  then been  used to  constitute  approval of  the                                                            
Governor's  actions  and  whatever   expenditures  are  made.    The                                                            
provision in  the Senate version was  an effort to tie the  response                                                            
back to a sense of the  membership but that provision was adopted as                                                            
a floor amendment and is  more extensive and expansive than it needs                                                            
to be.                                                                                                                          
                                                                                                                                
SENATOR HOFFMAN  asked what will happen  if one legislator  does not                                                            
respond.   MR.  UTERMOHLE said  an attempt  to contact  all  members                                                            
should be made and a response  should be received from a majority of                                                            
the members.                                                                                                                    
                                                                                                                                
MR. UTERMOHLE  explained the remaining  two subsections relating  to                                                            
the Disaster Relief Fund  are identical in both the House and Senate                                                            
versions and are  identical to comparable sections  in existing law.                                                            
                                                                                                                                
Section  5  of the  Senate  version,  and  Section  6 of  the  House                                                            
version,  contain the  definition  of "disaster."   The significant                                                             
difference is the inclusion  of the term, "incidents such as" in the                                                            
House version.   Other minor differences  exist in the two  versions                                                            
regarding  which events  might constitute  a basis  for declaring  a                                                            
disaster.                                                                                                                       
                                                                                                                                
CO-CHAIR  HALFORD  referred  to  a  legal  opinion  written  by  Mr.                                                            
Utermohle  on May  1 that deals  with the  phrase,  "such as."   The                                                            
Senate   was  concerned   that  the   use  of   that  phrase   would                                                            
significantly  broaden the definition.   Mr. Utermohle responded  in                                                            
his  memo that  use  of "such  as" may  not  be of  serious  concern                                                            
because the incidents  must be of a similar nature  to those listed.                                                            
                                                                                                                                
CO-CHAIR  HALFORD asked  Mr. Utermohle  if this  interpretation  was                                                            
correct.  MR.  UTERMOHLE clarified that the incident  must be of the                                                            
same nature and  quality, however that is subject  to further debate                                                            
because  it is ill  defined.   As an  example, he   noted  incidents                                                            
that  could  be considered   to be  of  a  similar  nature to  be  a                                                            
prolonged cold  temperature period and a prolonged  high temperature                                                            
period  even though  those incidents  might have  totally  different                                                            
effects.                                                                                                                        
                                                                                                                                
Number 280                                                                                                                      
                                                                                                                                
REPRESENTATIVE   BUNDE   noted  a   tsunami  and   tidal  wave   are                                                            
interchangeable terms in  most people's minds.  He asked if there is                                                            
a better way to  describe storm tide disasters or  wind driven water                                                            
disasters, and whether that issue warrants concern.                                                                             
                                                                                                                                
CO-CHAIR HALFORD  replied that the term "hurricanes,  tornadoes, and                                                            
storms" should  cover such an event.   CO-CHAIR MURKOWSKI  commented                                                            
that the  House got bogged  down trying to  find a solid  definition                                                            
for all disasters.                                                                                                              
                                                                                                                                
CO-CHAIR  HALFORD maintained  that the  committee  needs to craft  a                                                            
general statement  regarding the process  by which the Governor  can                                                            
expend  state   funds  in  excess   of  spending  limits   when  the                                                            
legislature  is  not  in  session  or is  not  convened  in  special                                                            
session.                                                                                                                        
                                                                                                                                
Number 318                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOULE expressed concern that polling  all members of                                                            
the legislature  could  be a cumbersome  process,  especially  if an                                                            
issue  needs  immediate  attention.   CO-CHAIR  HALFORD  stated  the                                                            
polling  process would  not be  used unless  the  governor plans  to                                                            
expend funds that exceed  the limit, and that emergency action would                                                            
begin immediately no matter what.                                                                                               
                                                                                                                                
MR. BRETT  HUBER, legislative  aide to  Co-Chair Halford,  suggested                                                            
that committee members  request limited powers of free conference to                                                            
adjust the language  in that section by either removing  the polling                                                            
requirement altogether  or changing the written poll  to a telephone                                                            
poll.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  JOULE referred to  the Miller's Reach fire  and said                                                            
the expenditure  limit was probably reached very quickly.   CO-CHAIR                                                            
HALFORD  said it  was,  however the  State was  not  billed for  its                                                            
expenditures right away.                                                                                                        
                                                                                                                                
MR. HUBER pointed  out that the Senate version has  a higher cap for                                                            
fire  disasters than  for other  types  of disasters,  and that  the                                                            
House  version  contains  no  cap  on fire  disaster  expenditures.                                                             
REPRESENTATIVE  JOULE expressed  concern that  although legislators                                                             
want to be involved in  the process, a mechanism should be available                                                            
so that the Governor can take quick action if necessary.                                                                        
                                                                                                                                
MR.  HUBER  said the  Governor  could  ask that  a  special  session                                                            
convene immediately,  but in any case,  a telephone poll  of members                                                            
could be accomplished  in less time  than that required to  convene.                                                            
                                                                                                                                
REPRESENTATIVE  BUNDE moved that committee  members request  limited                                                            
powers  of free  conference  to address  the  process  by which  the                                                            
governor  may expend state  funds in excess  of the spending  limits                                                            
when the legislature is not in session or convened in special                                                                   
session.                                                                                                                        
                                                                                                                                
There being  no objection,  CO-CHAIR HALFORD  announced the  request                                                            
for  limited  powers  of  free  conference  would  be  made  of  the                                                            
presiding officers.   He noted that once he receives  a response, he                                                            
will contact committee members to schedule another meeting.  CO-                                                                
CHAIR HALFORD then adjourned the meeting at 9:10 a.m.                                                                           

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