Legislature(1997 - 1998)
03/19/1997 01:50 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
HOUSE BILL NO. 113
"An Act extending lapse dates for certain prior year
appropriations; making supplemental, capital, and
special appropriations; and providing for an effective
date."
Co-Chair Hanley provided members with letter from the Office
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of Management and Budget, 3/19/97. The letter contained
proposed amendments to be included in HB 113 (copy on file).
DEPARTMENT OF REVENUE
WILSON CONDON, COMMISSIONER, DEPARTMENT OF REVENUE explained
that the Department does not need section 16(b), to cover
permanent fund dividend payments. Further review by the
Department indicated that sufficient funds exist to cover
expected permanent fund dividend payments.
Representative Martin MOVED to delete sec. 16(b), DEPARTMENT
OF REVENUE, earnings reserve account appropriation. There
being NO OBJECTION, it was so ordered.
DEPARTMENT OF LAW
BARBARA RITCHIE, DEPUTY ATTORNEY GENERAL, DEPARTMENT OF LAW
discussed the Governor's proposed amendment:
* Amend sec. 10(b), DEPARTMENT OF LAW, judgments and
claims to read as follows:
The sum of $716,907 [$252,339] is appropriated to the
Department of Law to pay judgments and claims against
the state for the fiscal year ending June 30, 1997 from
the following funding sources:
General fund $700,964 [$236,395]
Public employees retirement fund 12,765
Teachers retirement system fund 3,178
Ms. Ritchie explained that the amendment reflects one
additional item, Triplett v. State Department of
Corrections. She noted that the suit claimed that the
Department failed to accommodate Mr. Triplett's disabilities
in violation to state anti-discrimination statues and the
Americans with Disabilities Act (ADA). Mr. Triplett also
filed a whistle blowing claim. She stressed that the
State's exposure was significant. She observed that the
Department could have reassigned Mr. Triplett. In the
settlement, Mr. Triplett gives up his right to reinstatement
and agrees never to apply again to the Department of
Corrections for employment.
In response to a question by Co-Chair Hanley, Ms. Ritchie
reiterated that the State's exposure would be significant.
She pointed out that ADA requires reassignment to a vacant
position as a reasonable accommodation. This option was
available to the Department of Corrections.
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There being NO OBJECTION, section 10(b) was amended as
above.
MISCELLANEOUS CLAIMS
Co-Chair Hanley noted that the Governor's amendment would
reflect an additional miscellaneous claim reported by the
Department of Law.
Representative Martin MOVED to adopt the Governor's
amendment:
* Amend sec. 12, MISCELLANEOUS CLAIMS, at page 12 line
23:
Law 626 [473]
There being NO OBJECTION, it was so ordered.
DEPARTMENT OF FISH AND GAME
Co-Chair Hanley noted that the Committee denied a request
for a ratification in the Department of Fish and Game. He
explained that the money had lapsed. The Governor's
amendment would add a new appropriation for the money that
lapsed.
* Add a new appropriation to section 8, DEPARTMENT OF
FISH AND GAME
(b) The sum of $115,000 is appropriated from the
general fund to the Department of Fish and Game for
ongoing litigation costs for the fiscal year ending
June 30, 1997.
Representative Martin MOVED to adopt the amendment to
section 8. There being NO OBJECTION, it was so ordered.
DEPARTMENT OF NATURAL RESOURCES
Co-Chair Hanley observed that the Governor recommends a new
appropriation relating to the Exxon Valdez Settlement Fund:
* Add a new appropriation to section 13, DEPARTMENT OF
NATURAL RESOURCES:
(e) The sum of $977,000 is appropriated from the Exxon
Valdez oil spill settlement trust recognized in AS
37.14.400 to the Department of Natural Rescues to
purchase the following parcels in the amounts stated:
Roberts parcel $698,000
Overlook Park parcel 279,000
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ANNALEE MCCONNELL, DIRECTOR, OFFICE OF MANAGEMENT AND
BUDGET, OFFICE OF THE GOVERNOR observed that the
appropriation would normally be requested in a RPL before
the Legislative Budget and Audit Committee.
TRACY CRAMER, DEPARTMENT OF FISH AND GAME observed that
there was a direct appropriation made by the Legislature in
the 1996 Legislative Session.
MOLLY MCCAMMON, DIRECTOR, EXXON VALDEZ COUNCIL explained
that the parcels were nominated by members of the public for
consideration under the habitat protection program. She
noted that the Roberts parcel is located in Soldotna on the
Kenai River, adjacent to the Kenai River Visitor Center.
The Roberts parcel was recommended by the Kenai River Sport
Fishing Association. The parcel would provide permanent
public access to the fish walk.
Ms. McCammon noted that, once a parcel is nominated, parcels
are reviewed for their potential habitat protection value.
Appraisals are reviewed by state and federal appraisers.
The final appraised value of the Roberts parcel is $698
thousand dollars.
Ms. McCammon noted that the Overlook Park parcel is adjacent
to the city of Homer. This parcel is appraised at $279
thousand dollars for 97 acres.
Representative Martin agreed that the request should go
through the committee processing during the legislative
session. He stated that he disagreed with including the
request as a supplemental appropriation. He noted that the
Roberts parcel is selling for $200 thousand dollars an acre.
He spoke against the amendment. He maintained that there
has not been adequate public debate.
Ms. McCammon noted that Mr. Roberts has another buyer
interested in his parcel. She emphasized that the purchase
could be jeopardized by delay.
Representative Davies stressed that the public has been
involved in the process through the Exxon Valdez Council.
He spoke in support of legislative review by the Legislative
Budget and Audit Committee.
Ms. McCammon noted that the Roberts purchase is supported by
the city of Soldotna, the Kenai Peninsula Borough, the Kenai
River Sport Fish Association, and the area commercial
fishing group. She added that one petition in support of
the purchase contained over 200 names.
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Representative Davies stated that he did not mind including
the purchase in the supplemental. He expressed support for
future legislative oversight by the Legislative Budget and
Audit Committee, even during the legislative session.
Representative Martin stated that the Chairman of the
Legislative Budget and Audit Committee would prefer that
requests come before the Committee. He reiterated that the
request needs more consideration.
Representative Mulder MOVED to adopt the Governor's request
to add a new appropriation to section 13, DEPARTMENT OF
NATURAL RESOURCES:
(e) The sum of $977,000 is appropriated from the Exxon
Valdez oil spill settlement trust recognized in AS
37.14.400 to the Department of Natural Rescues to
purchase the following parcels in the amounts stated:
Roberts parcel $698,000
Overlook Park parcel 279,000
Representative Martin OBJECTED.
Representative Davis stated that the property would be
public non-taxable land if it is purchased.
In response to a question by Co-Chair Therriault, Ms.
McCammon explained that the Roberts parcel surrounds the
Soldotna Visitor Center. The parcel contains 600 feet of
river frontage. The parcel contains 3.3 acres. She
emphasized that the property ties into plans for an
educational access area. She stressed that the purchase
would allow the boardwalk to be extended.
Representative Mulder stated that the cost of the property
is reasonable for its location. He spoke in support of the
request. He noted that the purchase would allow a
consolidated Kenai River Center. He noted support for the
purchase. He maintained that the property would probably
become a trailer park if it is not purchased. He noted his
reluctance to place private property in the public domain,
but acknowledged public support.
Representative Martin noted that Mr. Roberts purchased the
property in the past summer. He spoke against the purchase.
Representative Davis noted that there is spring water
running onto the parcel that would make development
difficult. He observed that the parcel is surrounded by
public property. He maintained that a private owner would
have difficulty in developing the riverfront and keeping
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people off of the property.
A roll call vote was taken on the MOTION to adopt the
amendment section 13 (e).
IN FAVOR: Davis, Davies, Grussendorf, Foster, Kelly, Moses,
Mulder, Therriault
OPPOSED: Kohring, Martin, Hanley
The MOTION PASSED (8-3).
CAPITAL PROJECTS
Representative Mulder MOVED to adopt an amendment to Sec. 20
(references to CAPITAL PROJECTS) to include the new section
13(e) above. There being NO OBJECTION, it was so ordered.
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Co-Chair Hanley MOVED to adopt Amendment 1 (copy on file).
The amendment would add $150 thousand dollars in Mental
Health Trust Authority receipts for the Alaska Psychiatric
Institute Due Diligence activities. The amendment will
allow the Trust to immediately begin the process of
gathering data for the final implementation plan. There
being NO OBJECTION, it was so ordered.
DEPARTMENT OF LAW
Co-Chair Hanley MOVED to adopt Amendment 2 (copy on file).
He explained that the amendment would add $10 thousand
dollars in general fund match to the Department of Law and
delete $10 thousand dollars in program receipt authority.
There being NO OBJECTION, it was so ordered.
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Co-Chair Hanley MOVED to adopt Amendment 3 (copy on file).
The amendment would restore the supplemental request for
Emergency Alert System Equipment in the Department of
Military and Veterans Affairs to the original amount of $200
thousand dollars. He noted that the request is the result
of a federal mandate. There being NO OBJECTION, it was so
ordered.
Representative Davies MOVED to adopt Amendment 4 (copy on
file). The amendment would add "designated" on line 9, page
5. He explained that the amendment would clarify that the
premium payments deposited into the Disaster Relief Fund
would be "designated" for the payment of flood insurance.
Co-Chair Hanley noted that the number code for the fund
source would be 1091. He added that the amendment would not
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change the summary of expenditures. He stated that the
amendment more closely reflects the actual use of the funds.
There being NO OBJECTION, it was so ordered.
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
Representative Davies MOVED to adopt Amendment 5 (copy on
file). Representative Mulder OBJECTED. Representative
Davies noted that the amendment would add $25 thousand
dollars in Alaska Housing Finance Corporation receipts to
the Department of Transportation and Public Facilities for
noise abatement at the intersection of Geist Road and the
Parks Highway. He spoke in support of the amendment. He
noted public concern regarding noise levels. He observed
that the contractor removed more tress than had been
expected. He observed that the noise impact can be reduced
by jersey barriers. The cost of the jersey barriers will
come from federal funds.
(Tape Change, HFC 97-63, Side 2)
Representative Davies noted that federal funds will not
cover planting trees for noise abatement. The noise decimal
level is just below the level needed to capture federal
funding.
Representative Martin spoke against the funding source.
Co-Chair Hanley spoke against the request. He suggested
that the request should be brought forward by the Department
of Transportation and Public Facilities.
Representative Davies stressed that the Department supports
the request. He emphasized that the contractor will be off
the job at the end of the current work season. He noted
that the request would allow the RFP to be issued before the
contractor finishes.
In response to a question by Representative Martin,
Representative Davies emphasized that the purpose of the
request is for noise abatement not beautification. He noted
that a wall is impractical.
Co-Chair Hanley noted that Amendment 6 would change the
funding source to the General Fund. He stated that he would
not support either amendment.
A roll call vote was taken on the MOTION to adopt Amendment
5.
IN FAVOR: Davies, Moses
OPPOSED: Foster, Grussendorf, Kelly, Kohring, Martin,
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Therriault, Hanley
The MOTION FAILED (2-7).
Representative Davies WITHDREW Amendment 6.
HB 1113 was HELD in Committee for further consideration.
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