Governor Dunleavy has introduced HB200 to bring electronic pulltabs to Alaska and more importantly to move the power to expand gambling from the Legislature to the Executive. The Governor’s unbridled enthusiasm to bring gambling to Alaska is at the expense of our Constitution and the separation of powers.
This letter is being sent to you with the hope you will take up this important issue and bring it to the political forefront. It is critical our citizens know about the action of the Governor and the far-reaching consequences of his proposed HB200. Below is a Constitutional Analysis of Alaska House Bill 200: Delegation of Gambling Authority to the Executive Department of Revenue. We hope you will read and act upon it.
Alaska House Bill 200 (HB200) has ignited debates surrounding the allocation of authority between the Executive and Legislative branches concerning the expansion of gambling within the State of Alaska. This essay aims to critically examine the constitutional implications of empowering the Executive Department of Revenue with the discretion to expand gambling instead of the Legislature, as outline in HB200.
Separation of Powers Doctrine:
Fundamental to the constitutional framework of the United States is the doctrine of separation of powers, which delineates the distinct functions and responsibilities of the Executive, Legislative, and Judicial branches. In Alaska, this doctrine is enshrined in Article II of the State Constitution. Accordingly, any measure that delegates significant policy-making authority must be scrutinized in light of this principle.
Delegation of Legislative Authority:
The delegation of legislative authority is permissible to an extent, provided that it adheres to certain constitutional safeguards. However, the breadth of discretion granted to administrative agencies must be circumscribed by intelligible principles articulated by the Legislature. This ensures accountability and prevents the abdication of legislative responsibilities to unelected officials.
Analysis of HB200:
HB200 grants the Executive Department of Revenue the authority to expand gambling activities in Alaska. HB200 grants to the Executive Department of Revenue total and unbridled discretion to approve all forms of gambling including casinos, card rooms, lotteries, sports betting, and mobile phone betting. In addition, HB200 confers total discretion upon the Executive Department of Revenue to determine the specifics of implementation of gambling expansion. This raises concerns regarding the encroachment upon the Legislature’s policymaking prerogatives.
Constitutional Concerns:
The Alaska Constitution vests the power to make laws in the Legislature, which consists of elected representatives accountable to the people. By delegating the authority to expand gambling to the Executive Department of Revenue, HB200 circumvents this democratic process. The absence of specific guidelines or limitations on the Executive Department of Revenue’s discretion further exacerbates these concerns, as it lacks the necessary safeguards against arbitrary decision-making.
Moreover, the expansion of gambling entails significant policy considerations, including social, economic, and moral implications. These are quintessentially legislative matters that warrant thorough deliberation and debate in the elected chambers of the Legislature. Delegating such authority to administrative agencies undermines the deliverative process and dilutes democratic accountability.
Conclusion:
In conclusion, Alaska House Bill 200 raises significant constitutional concerns regarding the delegation of gambling authority to the Executive Department of Revenue. While the Legislature may delegate certain functions to administrative agencies, such delegation must be circumscribed by intelligible principles and subject to meaningful legislative oversight. Failure to adhere to these constitutional safeguards undermines the separation of powers and erodes democratic accountability.
Citizens to Protect our Constitution
Bethel, AK
Taking action on the Maternal Health Crisis
Last month, I traveled to Anchorage, Alaska for a Maternal Child Health Conference.
This conference brought together maternal health experts and advocates to discuss the heart-wrenching maternal health crisis in our country and what we’re doing to promote better outcomes.
The United States has the highest maternal mortality rate among high-income countries. In 2021, 1,205 women died of maternal causes in the United States. In 2020, 861 women died of maternal causes in the U.S. This is a 40% increase in deaths from maternal causes in just one year, and some of our neighbors are being hit harder than others.
There are significant racial and ethnic disparities in pregnancy-related complications and deaths. American Indian and Alaska Native women are two times more likely to die of pregnancy-related causes than White women. To say this is unacceptable is an understatement.
The Department of Health and Human Services (HHS), the federal agency tasked with promoting the care and well-being of Americans, is commitment to tackling and eliminating some of our country’s most troubling disparities in health outcomes.
At HHS and across the Biden-Harris Administration, we are taking unprecedented action to close disparities and strengthen maternal health by expanding coverage, implementing new policies, and providing funding to ensure safer pregnancies and strengthen postpartum services for new parents and their babies.
In 2022, the White House rolled out a first-of-its-kind Blueprint for Addressing the Maternal Health Crisis – a promises to moms and families across the country to do better.
Women with doula care have a 22% lower risk of preterm birth. Evidence like this has driven historic HHS funding to make community-based doulas more accessible.
HHS is also strengthening our public health infrastructure through Center for Disease Control (CDC) support for state Maternal Mortality Review Committees. These Committees aim to help us better understand the drivers of maternal mortality and will develop recommendations to prevent future deaths.
Our work will not be finished in one year, two years, or in the lifetime of this Administration. Through the programs mentioned above, the Biden-Harris Administration had laid the foundation for HHS to remain steadfast in the fight to improve maternal health outcomes and close equity gaps. I look forward to watching that happen in Region 10.
Priya Helweg, Acting Director
Health Human Services
Region 10
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