Legislature(1993 - 1994)
03/25/1993 01:30 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 55 An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date. HB 56 An Act making appropriations for operating expenses for certain programs for which the costs are derived from mandated formulas or criteria, and for expenses for certain leases and contracts for state services and operations; and providing 1 for an effective date. Consideration of Amendments for the Department of Corrections and the Department of Natural Resources. DEPARTMENT OF CORRECTION - AMENDMENTS REPRESENTATIVE RAMONA BARNES spoke to CORR #1. Co-Chair Larson MOVED the amendment. Representative Brown OBJECTED and requested that the five parts of Section #4 be separated. Co-Chair Larson MOVED Sections #1, #2, #3 and adopted. Representative Brown addressed Section #4 explaining that the Department of Corrections (DOC) would be critically hindered by its passage. Representative Barnes provided the Committee with a handout, [Attachment #1], which listed the separate revised programs stating that it would establish a system in which to control the Department's spending. Representative Brown WITHDREW THE OBJECTION. Representative Navarre OBJECTED. He stated that the separate appropriations would remove any flexibility the Department might have. He pointed out that the Legislature should manage the budget rather than the individual departments. Representative Barnes replied the Legislature should assume its constitutional responsibility in determining where the money is spent. Representative Navarre emphasized the responsibility of individual agencies is to have authority over their capital to move funds around, given that they can justify it through their record keeping. He added, Wildwood should be considered one of the institutions which remains open, based on cost effective options. LLOYD RUPP, COMMISSIONER, DEPARTMENT OF CORRECTIONS, explained that the Department of Corrections has provided the Legislature with a "true" budget needed by that Department for management flexibility and noted that he did not support Representative Barnes amendments. In order to administer the Department on a sound fiscal base, funds need to be given more flexibility in order to manage with credibility. Intermediate sanctions require a policy driven system with trained persons. The proposed budget does not provide funds for this training which is the basis of any correctional system in the country. Representative Barnes disagreed. She pointed out there is an extra $1 million dollars placed in the FY 93 budget for DOC. 2 (Tape Change, HFC 93-61, Side 2). REPRESENTATIVE FRAN ULMER provided the Committee with a handout. [Attachment #2]. She urged the Committee to reject Section #4 of CORR #1, pointing out that at no time did the Department of Corrections subcommittee debate whether or not the amount allocated to each center should be frozen. There has not been an in depth hearing to determine that the administrators should be locked into a predetermined amount. Representative Ulmer agreed that the Legislature should protect it's appropriation power. Policy should be set for appropriation although, it is totally inappropriate for the Legislature to manage State government. She urged the Committee not to accept the proposed amendment. Co-Chair Larson asked the Commissioner if making allocations rather than appropriations to the DOC budget would be acceptable, and then making those allocations subject to LBA audits. Commissioner Rupp asked how he would handle the immediate costs of moving prisoners without immediately addressed by LBA. Co-Chair Larson suggested those costs could be covered through retroactive requests. Representative Hoffman recommended dividing Section #4 of CORR #1. Representative Barnes agreed to the division of the amendment, although noted her concern with how the budget was written. Commissioner Rupp supported dividing the allocation reductions, which would then provide the Department some flexibility. Representative Hoffman MOVED to amend Section #4, CORR #1 which would allocate $1.2 million dollars among the eight institutions on a proportionate basis as the original allocation. There being NO OBJECTION, it was so ordered. Representative Brown asked how many appropriations were made to the Department in FY 93. JOAN KASSON, FISCAL ANALYSTS, LEGISLATIVE FINANCE DIVISION, replied there were two appropriations which covered administrative support and community health care. The new proposal requires an appropriation for each facility. Representative Barnes stressed that she requested that each facility be appropriated for individually. Co-Chair Larson MOVED a language change in Section 4, Part 2, to read "proportionately" based rather than an "unallocated reduction". Representative Navarre asked to divide that question. He pointed out there is no objection to the dividing the $1.2 million dollars allocated to institutions on a pro rata 3 basis. The second part of the question would clarify that all institutions be included in separate appropriations. Representative Brown pointed out that if this section failed, there would be six appropriations within DOC. (Tape Change HFC 93-62, Side 1). Representative Navarre MOVED to divide Section #4, CORR #1. There being NO OBJECTION, it was divided. The first part of Section #4 was agreed upon previously. Co-Chair Larson asked if Part #2 should be a separate appropriation for each of the eight institutions or if it should be one appropriation for all twelve institutions. Representative Barnes stated there would be a separate BRU for each institution plus additional BRU's for activities within the Department. Ms. Kasson explained the way in which the subcommittee report was adopted, each item would be a separate appropriation except for: Administrative Services Correctional Industries Institutions Community Corrections Representative Ulmer clarified that in the proposed FY 94 DOC budget, there are thirteen appropriations before the proposed amendment. She pointed out that the University of Alaska budget has one appropriation. Representative Ulmer emphasized this is not fair. A roll call was taken on the MOTION. IN FAVOR: Hanley, Martin, Parnell, Therriault, Larson, MacLean, Foster. OPPOSED: Brown, Navarre, Hoffman. Representative Grussendorf was not present for the vote. The MOTION PASSED, (7-3). Representative Parnell WITHDREW CORR #2. There being NO OBJECTION, it was so ordered. Co-Chair Larson MOVED CORR #3. Representative Barnes explained the amendment would change the funding source for mental health services in community residential centers from inter-agency receipts to direct funding. There being NO OBJECTION, it was so ordered. 4 Representative Brown MOVED CORR #4. Representative Ulmer explained the amendment would bring the Southeast Region Probation Office back up to the Governor's request. Probation officers have been significantly understaffed during the past few years. Representative Barnes noted her opposition to the amendment. Commissioner Rupp replied, current case load is 50% over the capacity of the Department. Co-Chair Larson OBJECTED. A roll call was taken on the MOTION. IN FAVOR: Foster, Hanley, Parnell, Therriault, MacLean, Larson. OPPOSED: Grussendorf, Hoffman, Navarre, Brown. Representative Martin was not present for the vote. The MOTION FAILED, (4-6). Representative Brown MOVED CORR #5. Representative Ulmer explained that the Correctional Industries unit cannot absorb such a large vacancy factor. Not funding this amendment will mean ten layoffs during FY 94. All non- personal expenses of this unit are met through the Correctional Industries Product Fund. Funding the personnel costs would be a small price to pay for the return. Representative Brown pointed out that this is the Governor's request for an increase, resulting from lawsuit demands to address educational opportunities in our current prison system. Representative Barnes objected. Co-Chair Larson OBJECTED. A roll call was taken on the MOTION. IN FAVOR: Grussendorf, Hoffman, Navarre, Brown. OPPOSED: Hanley, Parnell, Therriault, Foster, Larson, MacLean. Representative Martin was not present for the vote. The MOTION FAILED, (4-6). Representative Brown WITHDREW CORR #6. There being NO OBJECTION, it was so ordered. Representative Brown MOVED CORR #7. Representative Therriault OBJECTED. Representative Brown stated the amendment would allow DOC to function adequately adding given that they have been hit hard in the past. If the Department is to be expected to improve in management, the 5 Division must be adequately staffed. Representative Ulmer elaborated that given the proposed cuts to DOC the Department will be required to do much more paper work, time and energy. She thought it was criminal to reduce the administrative staff at the same time as severely cutting the Department. Representative Grussendorf echoed Representative Ulmer's concern. Commissioner Rupp concurred that the Department needs more adequate staffing. (Tape Change HFC 93-62, Side 2). A roll call was taken on the MOTION. IN FAVOR: Hoffman, Navarre, Brown, Grussendorf. OPPOSED: Martin, Parnell, Therriault, Foster, MacLean, Larson. Representative Hanley was not present for the vote. The MOTION FAILED, (4-6). Representative Brown MOVED CORR #8. Representative Ulmer stated the amendment would restore the Correctional Academy to the level of funding requested by the Governor and will allow the Department to comply with the training requirements of the Alaska Police Standards and Department regulations. Commissioner Rupp commented, the budget is inadequate to properly train the officers. Representative Barnes was willing to reconsider adding $100 thousand dollars above FY 93 funding. Representative Brown MOVED TO AMEND CORR #8 to have a total restoration of $100 thousand dollars. Representative Navarre OBJECTED. A roll call was taken on the MOTION. IN FAVOR: Hoffman, Martin, Navarre, Therriault, Brown, Foster, Larson. OPPOSED: Navarre, Grussendorf, MacLean. Representative Hanley was not present for the vote. The MOTION PASSED, (7-3). There was NO OBJECTION, to the amended amendment CORR #8, it was so ordered. Representative Brown MOVED CORR #9. Representative Ulmer stated that if the one position in the Department assigned to deal with women's needs is eliminated, the court and the inmates will construe that as a sign that the Department is 6 going back on its commitment to resolve the problems. Representative Brown pointed out that the State is under obligation under the Cleary Lawsuit to equalize programs available for women. Representative Barnes noted that she opposed the amendment. Co-Chair MacLean OBJECTED. A roll call was taken on the MOTION. IN FAVOR: Navarre, Brown, Grussendorf, Hoffman. OPPOSED: Parnell, Therriault, Foster, Hanley, MacLean, Larson. Representative Martin was not present for the vote. The MOTION FAILED, (4-6). Representative Navarre WITHDREW CORR #10. There being NO OBJECTION, it was so ordered. Representative Navarre MOVED CORR #11. Representative Ulmer pointed out that the Department of Corrections downsized the Wildwood sentenced facility from 204 to 50 inmates last year. Due to severe overcrowding conditions in remaining institutions, they were forced to begin reopening closed beds and plan to be back up to 204 as soon as staffing was available. The city of Appleton, Minnesota built a 420 bed facility in 1992 in hopes of attracting prisoners from overcrowded facilities in other states in order to create jobs in Minnesota. The facility is still empty. The proposed budget will close the Wildwood facility and will send the 204 prisoners to Minnesota. Representative Parnell OBJECTED. (Tape Change, HFC 93-63, Side 1). Representative Navarre emphasized that the proposed budget would take economic activity out of the State and give it elsewhere. Commissioner Rupp commented the Department has been investigating the possibility of sending prisoners out of State. Currently, there are 80 prisoners living out-of- state. Representative Barnes stated that Wildwood was downsized for extensive renovation needs and she felt that it would not be in the interest of the State to pursue upsizing Wildwood. [Attachment #3]. Discussion followed between Representative Barnes and Representative Navarre regarding keeping the prison at Wildwood open versus sending them to Appleton, Minnesota. Representative Navarre did not believe that Appleton would be able to house the Alaskan prisoners for $45/day. 7 Commissioner Rupp clarified that Wildwood and the out-of- state shipment are two separate issues. The master plan developed by the State over the past two years explains the need for 500 new beds in Alaska by 1996. Wildwood is an essential area needed by the State to meet correctional needs. Representative Ulmer pointed out that with the proposed changes, the State will be buying a "bunch of lawsuits". [Attachment #4]. Representative Brown recommended transferring money from out-of-state contractual into Wildwood in order to keep it open. She added, the budget structure adopted will hinder the Department's ability to work prison management and avoid building a new prison. Representative Brown MOVED to transfer $3 million dollars from out-of-state contractual into Wildwood. The amended cost of CORR #11 would be $1,970.8 million dollars. (Tape Change, HFC 93-63, Side 2). Representative Barnes stated her opposition to the proposed amendment. Representative Navarre provided the Committee with a memo from Representative Ulmer to the HFC Co-Chairs regarding the Wildwood Correctional Center dated 3/21/93. [Attachment #5]. A roll call was taken on the MOTION. IN FAVOR: Navarre, Brown, Grussendorf, Hoffman. OPPOSED: Parnell, Therriault, Hanley, Martin, Larson, MacLean. Representative Foster was not present for the vote. The MOTION FAILED, (4-6). A roll call was taken on the MOTION to adopt CORR #11. IN FAVOR: Brown, Grussendorf, Hoffman, Navarre. OPPOSED: Parnell, Therriault, Hanley, Martin, MacLean, Larson. Representative Foster was not present for the vote. The MOTION FAILED, (4-6). Representative Navarre WITHDREW CORR #12. There being NO OBJECTION, it was so ordered. [Attachment #6]. 8 Representative Navarre asked for notice of reconsideration of all the amendments which failed the DOC budget. DEPARTMENT OF NATURAL RESOURCES Co-Chair Larson introduced DNR #1 which would provide $100 thousand dollars for nursery operations. He asked to withdraw the second and third section of the amendment for a total of $100 thousand dollars and requested that the amendment be HELD open for further investigative work. Representative Navarre MOVED DNR #2. Representative Therriault OBJECTED. Representative Navarre pointed out the Office was traditionally funded by interagency receipts. The funds were switched to general funds without corresponding general fund reductions to the agency budgets which had been the original source of funding. The proposal would return the budget to the prior year format. NICO BUS, CHIEF, FINANCIAL SERVICES, DEPARTMENT OF NATURAL RESOURCES, noted that the DNR Public Information Center was created in February, 1992, there was funding in three different divisions. In FY 93, the Department proposed to have the function funded as it was a very important function in processing permits. He stated that it was the intention of the Department to fund it through program receipts. Representative Therriault pointed out that the Commissioner of DNR recommended that DNR #2 not be approved. Representative Navarre WITHDREW THE MOTION. There being NO OBJECTION, it was so ordered. Representative Brown MOVED DNR #3 stating the move would restore a pass-through grant to Challenge Alaska who had received the grant since 1985. Representative Therriault stated that the subcommittee recommended deleting the request stating it was not justified. He encouraged the Committee to fund it through discretionary funds. Representative Hanley requested that DNR #3 be HELD. There being NO OBJECTION, it was so ordered. Representative Brown MOVED DNR #4 and asked that the amendment be restored to CED #5. The Oil and Gas Conservation Commission performs critical functions for that program. It is important that professional expertise be maintained within the agency so that it can fully comprehend and understand what the oil industry is doing. Representative Hanley recommended when switches occur between the departments, it would be essential to have both departments present to testify. He asked that DNR #4 be 9 HELD open. There being NO OBJECTION, it was so ordered. Representative Brown stated that DNR #5 would have a corresponding amendment to CED #4 and would address the information resource management project. She offered to HOLD DNR #5 until DCED was present to testify. There being NO OBJECTION, it was so ordered. (Tape Change, HFC 93-64, Side 1). Representative Brown MOVED DNR #6 which would restore the mining reclamation program for private lands. Representative Therriault OBJECTED. Representative Parnell MOVED TO AMEND DNR #6 request to $40 thousand general fund dollars. Representative Larson OBJECTED. A roll call was taken on the amended MOTION. IN FAVOR: Therriault, Brown, Grussendorf, Hanley, Hoffman, Navarre, Parnell, MacLean. OPPOSED: Martin, Larson. Representative Foster was not present for the vote. The MOTION PASSED, (8-2). Representative Brown MOVED DNR #7 to restore funding for Alaska Hydrological Survey Section, dam safety, Water Data Collection program, and Alaska Water Resources Board. Representative Therriault OBJECTED stating that the dam safety would not be impacted by the decrement. Mr. Bus stated the impact of the reduction would affect the Alaska Water Resources Board and would come from the hydroelectrical survey which provides data on many very important functions. Dam safety is not part of the reduction. RIC DAVIDGE, DIRECTOR, DIVISION OF WATER, DEPARTMENT OF NATURAL RESOURCES, stated that dam safety consists of one engineer which will not be reduced, although eleven scientist would be eliminated. A roll call was taken on the MOTION. IN FAVOR: Brown, Grussendorf, Navarre. OPPOSED: Hanley, Hoffman, Martin, Parnell, Therriault, Larson, MacLean. Representative Foster was not present for the vote. 10 The MOTION FAILED, (3-10). Representative Therriault MOVED DNR #8 which would provide $75 thousand dollars for State Fair allocations. Co-Chair MacLean inquired the previous amount allocated to individual areas for State fairs. DNR #8 was HELD for further consideration. Representative Navarre MOVED DNR #9 which would restore cuts to the Agricultural Development for State Fairs. Representative Martin OBJECTED. Representative Navarre noted the requested amendment would provide the Governor's recommended funding. A roll call was taken on the MOTION. IN FAVOR: Grussendorf, Hoffman, Navarre, Brown, MacLean. OPPOSED: Hanley, Martin, Parnell, Therriault, Larson. Representative Foster was not present for the vote. The MOTION FAILED, (5-5). Representative Navarre MOVED DNR #10 for Representative John Davies. RAGA ELIM, SPECIAL ASSISTANT, OFFICE OF THE COMMISSIONER, DEPARTMENT OF NATURAL RESOURCES, pointed out that DNR #10 would provide important funding in order to make good land management decisions. Currently, there are resources not being developed resulting from lack of access. Representative Therriault OBJECTED. A roll call was taken on the MOTION. IN FAVOR: Grussendorf, Navarre, Brown. OPPOSED: Hanley, Hoffman, Martin, Parnell, Therriault, Larson, MacLean. Representative Foster was not present for the vote. The MOTION FAILED, (3-7). Representative Brown asked to HOLD DNR #11 which would restore funding for oil and gas lease programs for development. There being NO OBJECTION, it was so ordered. Representative Brown MOVED DNR #12 would deny the Governor's 11 FY 94 decrement to the assertion of RS 2477 right-of-ways. Representative Therriault OBJECTED. Mr Bus explained the confusion regarding the reduction. The reduction of $97.4 was for the standards for right-a-way for individuals and not for the federal right-a-ways. This was a reduction to the Division of Land. Representative Brown WITHDREW DNR Representative Navarre MOVED DNR #13, $50 thousand dollars ARLF to start up a program to develop and market virus-free potatoes. Co-Chair Larson pointed out that the ARLF would not be an appropriate funding source for the request. DNR Representative Brown MOVED DNR #14 which would delete the 5.3% increment of $81.6 thousand dollars to the Agricultural Development component in the Department of Natural Resources. The purpose of the amendment would be to delete the remaining increment and maintain the component at the FY 93 funding level. Mr. Bus noted the importance of the funding increment. (Tape Change, HFC 93-64, Side 2). Representative Therriault OBJECTED. Representative Brown pointed out that there is an additional $100 thousand dollars included in the capital budget to accomplish the same concern. A roll call was taken on the MOTION. IN FAVOR: Navarre, Brown. OPPOSED: Hanley, Hoffman, Martin, Parnell, Therriault, Foster, Grussendorf, MacLean, Larson. The MOTION FAILED, (2-9). Representative Brown MOVED DNR - A - Intent Language allowing the Department of Natural Resources to fully implement the Mining Reclamation Act. Representative Therriault stated that the intent was offered when there was no program receipt authority. Representative Brown WITHDREW THE MOTION. There being NO OBJECTION, it was so ordered.
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