Our session is now complete after a bit of chaos, but we have completed our work for now, but we are far from done.
Last month, Alaska received $1.25 billion from the Federal CARES Act in response to the COVID-19 pandemic. While the Legislature was technically in session, we had recessed to allow members to quarantine and self-isolate in their home communities, doing our part in helping flatten the curve for the benefit of all Alaskans. Because the Legislature was in an extended recess, the Governor decided to distribute CARES Act funding through processes called “Revised Programs Legislative” (RPLs). An RPL is a process to accept additional funds for programs and services that are already established by the Legislature, usually after the Legislature is no longer in session. In normal times, the Legislative Budget and Audit Committee (LB&A) would review an RPL and either provide a “rubber-stamp” approval or disapproval, with the critical caveat that LB&A cannot amend an RPL proposed by the Governor.
During the extended recess, Governor Dunleavy made a unilateral decision not to engage the Legislature while drafting the RPLs needed to disburse the CARES Act funding. Instead, the Governor, without consultation, chose where the federal money would go and in most instances, designated funding to programs that didn’t exist prior to the RPLs.
So, what does this mean? The Governor acted as the Legislature, though the constitution identifies the Legislature as the appropriating body. He clearly acted outside his constitutional authority.
In response to the Governor’s actions, LB&A met to review and recommend changes to the RPLs submitted by the Governor. Eventually, the RPLs, though some were adjusted through interaction with members of LB&A, were “rubber-stamped” and approved. Nonetheless, on-the-record objections were made by several LB&A committee members who believed that they were acting outside their constitutional authority. I agreed with these concerns.
The day after the LB&A vote, an individual filed a lawsuit proclaiming the RPLs initiated by the Governor were unconstitutional. As one of my colleagues said, “this was the most predictable lawsuit I’ve ever seen.” The lawsuit forced the Legislature into action, and on Monday, lawmakers returned to Juneau to vote on legislation that would approve the RPLs.
I, along with the rest of the Senate Democrats, advocated for an appropriations bill instead of simply ratifying LB&A’s actions. The leadership of both the House and the Senate chose not to put forth an appropriations bill to disburse CARES Act funding and instead used HB 313 to authorize the RPLs. It was not the cleanest process, but it was the quickest way the Legislature could legally act and get these needed federal resources dispersed to our communities. In the end, the Senate Democrats chose to support the ratification, despite not having little say in how to allocate the federal funds.
Thousands of Alaskan families are going through difficult times. I wish the Legislature had gone through the appropriating process to put more dollars into targeted relief for individuals and families that are struggling to keep a roof over their heads, put food on the table, or purchase medical supplies. I am hopeful that in the future, targeted relief will occur to help those significantly impacted by this public health crisis.
Let’s be clear; as I said at the opening of this note, our work in the Legislature is not done. With oil prices and production crashing yet again, we must plan for Alaska’s future. It is paramount we develop a plan to figure out how we can continue to have essential services and a strong economy. We must look at targeted relief for individuals, quality childcare for working families, quality public education for Alaska’s next generation, access to reliable transportation, and a safe and secure election process. These are my goals for the future, a future we must start planning for now.
