Legislature(2019 - 2020)BUTROVICH 205

05/19/2020 11:00 AM RULES

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11:00:12 AM Start
11:00:47 AM HB313
11:08:39 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved HB 313 Out of Committee
Uniform Rule 23 Waived
             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                                                                    
     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                                                                    
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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