Legislature(1997 - 1998)
1997-04-21 Senate Journal
Full Journal pdf1997-04-21 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