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.