Legislature(1997 - 1998)

1997-04-21 Senate Journal

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1997-04-21                     Senate Journal                      Page 1337
SB 55                                                                        
Senator Pearce requested that the reconsideration on CS FOR                    
SENATE BILL NO. 55(FIN) An Act relating to the definition of                   
certain state receipts; and providing for an effective date be taken           
up.                                                                            
                                                                               

1997-04-21                     Senate Journal                      Page 1338
SB 55                                                                        
CS FOR SENATE BILL NO. 55(FIN) was before the Senate on                        
reconsideration.                                                               
                                                                               
Senator Pearce moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 1.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Pearce offered Amendment No. 1 :                                        
                                                                               
Page 1, line 1, following "receipts":                                        
	Insert "to state fiscal procedures, to the state budget, to                  
agency performance reports, and to appropriation bills,                        
eliminating the authority of a department to award a grant to a                
recipient other than the one named in the appropriation or                     
allocation for the grant"                                                     
                                                                               
Page 1, following line 3:                                                      
	Insert new bill sections to read:                                             
   "* Section 1.  AS14.11.019 is amended to read:                            
	Sec. 14.11.019.  Grant appropriations.  Within the                          
[GENERALß appropriation bill authorizing capital expenditures              
submitted to the legislature under AS37.07.020(a)(3) ªAS                   
37.07.020ß, the governor shall include an appropriation for grants in          
the succeeding fiscal year as determined by the six-year capital               
improvement project grant schedule prepared under AS14.11.013.                 
   * Sec. 2.  AS14.11.100(c) is amended to read:                             
	(c)  The school construction account is established. Funds to                 
carry out the provisions of this section shall be included within the          
[GENERALß appropriation bill authorizing capital expenditures              
submitted to the legislature under AS37.07.020(a)(3) ªAS 37.07.020ß        
and may be appropriated annually by the legislature to the account.            
If amounts in the account are insufficient for the purpose of                  
providing the share to which a borough or city is entitled under this          
section, those funds that are available shall be distributed pro rata          
among the eligible municipalities, ªLOCAL GOVERNMENTSß                     
except that the legislature may direct that additional debt service on         
refunding bonds that exceeds the total debt service on the refunded            
bonds be disregarded in whole or in part.                                      
   * Sec. 3.  AS24.20.140 is amended to read:                                

1997-04-21                     Senate Journal                      Page 1339
SB 55                                                                        
	Sec. 24.20.140.  Appropriations.  Appropriations for                        
carrying out AS24.20.010 - 24.20.140 shall be set out ªFORTHß in           
the ªGENERALß appropriation bill authorizing operating                       
expenditures submitted to the legislature under AS37.07.020(a)(2)            
or ªSUCHß other bills as may be necessary.  The council may direct             
the executive director to transfer amounts from one appropriation to           
another if the transfer is considered necessary to accomplish the              
work of the council.  The council may not exceed the total amount              
of the authorized appropriation.  All expenditures of the council are          
subject to an independent audit that ªWHICHß shall be made                 
annually."                                                                     
                                                                               
Page 1, line 4:                                                                
	Delete "Section 1"                                                          
	Insert "Sec. 4"                                                             
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 3, following line 15:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 5.  AS37.05.316(a) is amended to read:                            
	(a)  When an amount is appropriated or allocated to a                         
department as a grant under this section for a named recipient that        
is not a municipality, the department to which the appropriation or            
allocation is made shall promptly notify the named recipient of the            
availability of the grant and request the named recipient to submit a          
proposal to provide the goods or services specified in the                     
appropriation act for which the appropriation or allocation is made.           
[AT THE SAME TIME, THE DEPARTMENT MAY ISSUE A                                  
REQUEST FOR PROPOSALS FROM OTHER QUALIFIED                                     
PERSONS TO PROVIDE THE SAME GOODS OR SERVICES IN                               
THE SAME AREA.  THE DEPARTMENT SHALL AWARD THE                                 
GRANT TO THE NAMED RECIPIENT UNLESS THE OFFICE OF                              
THE GOVERNOR, WITH DUE REGARD FOR THE LOCAL                                    
EXPERTISE OR EXPERIENCE OF THOSE MAKING                                        
PROPOSALS, DETERMINES THAT AN AWARD TO A                                       
DIFFERENT PARTY WOULD BETTER SERVE THE PUBLIC                                  
INTEREST.  IF THE GRANT IS AWARDED TO A PARTY                                  
OTHER  THAN  THAT  NAMED  BY THE LEGISLATURE, THE                              

1997-04-21                     Senate Journal                      Page 1340
SB 55                                                                        
BASIS OF THAT ACTION SHALL BE STATED IN WRITING AT                             
THE TIME THE GRANT IS ISSUED AND A COPY OF THE                                 
WRITTEN STATEMENT SHALL BE SENT TO THE                                         
LEGISLATIVE BUDGET AND AUDIT COMMITTEE.ß  A grant                              
agreement must be executed within 60 days after the effective date             
of the appropriation or allocation.                                            
   * Sec. 6.  AS37.07.020(a) is amended to read:                             
	(a)  The governor shall prepare ªAND SUBMIT TO THE                            
LEGISLATURE BEFORE THE FOURTH LEGISLATIVE DAYß a                               
budget for the succeeding fiscal year that ªWHICHß must cover all          
estimated receipts, including all grants, loans, and money received            
from the federal government ª,ß and all proposed expenditures of the           
state government.  The budget ªSUBMITTED BY THE                                
GOVERNORß shall be organized so that the proposed expenditures                 
for each agency are presented separately.  The budget must be                  
accompanied by the following separate bills: (1) an appropriation            
bill authorizing the operating and capital expenditures of the                 
state's integrated comprehensive mental health program under                   
AS37.14.003(a); (2) an appropriation bill authorizing state                    
operating expenditures other than those included in the state's                
integrated comprehensive mental health program; (3) an                         
appropriation bill authorizing capital expenditures other than                 
those included in the state's integrated comprehensive mental                  
health program; and (4) ªA GENERAL APPROPRIATION BILL                        
TO AUTHORIZE THE PROPOSED EXPENDITURES, ANDß a bill                            
or bills covering recommendations, if any, in the budget for new or        
additional revenue.  The budget for the succeeding fiscal year and           
each of the bills ªPROPOSED GENERAL APPROPRIATION BILLß                      
shall become public information on December 15 ªOF EACH YEARß                  
at which time the governor shall submit copies to the legislature and          
make copies available to the public.  The bills, identical in content        
to the copies released on December 15, shall be delivered to the               
rules committee of each house before the fourth legislative day                
of the next regular session for introduction.                                
                                                                               
                                                                               

1997-04-21                     Senate Journal                      Page 1341
SB 55                                                                        
   * Sec. 7.  AS37.07.020(b) is amended to read:                             
	(b)  In addition to the budget and bills submitted under (a)                
of this section ªGENERAL APPROPRIATION BILLß, the governor                   
shall submit a capital improvements program and financial plan                 
covering the succeeding six fiscal years.                                      
   * Sec. 8.  AS37.07.040 is amended by adding a new paragraph               
to read:                                                                       
		(9)  for each department in the executive branch,                            
report to the legislature by the 45th day of each regular session the          
amount of money appropriated to the department that is expected to             
lapse into the general fund at the end of the current fiscal year.             
   * Sec. 9.  AS37.07.062(a) is amended to read:                             
	(a)  Each ªTHE GENERALß appropriation bill authorizing                  
capital expenditures required to be submitted to the legislature in          
AS37.07.020(a) must be accompanied by documents supporting                   
the expenditures ªCONTAIN A SEPARATE SECTION FOR                             
CAPITAL OUTLAYS WHICH IS DIVIDED INTO SUBSECTIONSß                             
for each of the capital projects funds (AS 44.42.080).  The                  
documents must list ªWHICH LISTSß, for each project, the (1)                 
project identification number; (2) project title; (3) source of funding;       
(4) amount expended on the project during the preceding fiscal year,           
the amount authorized for the current fiscal year, and the amount              
proposed to be expended during the succeeding fiscal year; (5)                 
estimated start for construction; (6) schedule of bond elections               
pertaining to the appropriation, including elections previously held.          
The total appropriation to each capital projects fund must be                  
reflected in the balance sheet of each fund as of June30 of each               
fiscal year.                                                                   
   * Sec. 10.  AS37.07.062(b) is amended to read:                            
	(b)  Upon the effective date of each ªTHE GENERALß                        
appropriation bill authorizing capital expenditures, the amounts           
appropriated by the bill for capital outlay shall be paid into the             
appropriate capital project funds established under AS44.42.080.               
   * Sec. 11.  AS37.07.070 is amended to read:                               
	Sec. 37.07.070.  Legislative review.  The legislature shall                 
consider the governor's proposed comprehensive operating and capital           
improvements programs and financial plans, evaluate alternatives to            
the plans, make program selections among the various alternatives              
and determine, subject to available revenues, the level of funding