Legislature(2001 - 2002)

04/18/2002 03:25 PM House MLV

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 324-HOMELAND SECURITY APPROPRIATIONS                                                                                       
                                                                                                                                
Number 0317                                                                                                                     
                                                                                                                                
CHAIR CHENAULT announced the final  order of business, HOUSE BILL                                                               
NO.  324, "An  Act making  supplemental and  other appropriations                                                               
for  homeland security;  and providing  for  an effective  date."                                                               
[The committee  had heard from numerous  department personnel and                                                               
asked questions,  but there had been  little committee discussion                                                               
and no action to date.]                                                                                                         
                                                                                                                                
Number 0320                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  moved to  adopt the  proposed committee                                                               
substitute (CS),  version 22-GH2078\F,  Utermohle, 4/16/02,  as a                                                               
work draft.                                                                                                                     
                                                                                                                                
CHAIR  CHENAULT  announced  that   [Version  F]  was  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
Number 0520                                                                                                                     
                                                                                                                                
CHAIR  CHENAULT reminded  members that  HB  324 had  been in  the                                                               
committee's possession  for some  time.   He said  a lot  of good                                                               
intentions had gone  into the bill; he  indicated the departments                                                               
had tried  to think of every  [possible need].  He  explained the                                                               
reasoning behind Version  F, saying that no amount  of money that                                                               
could be  provided, either through  state or  federal government,                                                               
will be enough.   He offered his  belief that what is  felt to be                                                               
reasonable can be provided, however.  He added:                                                                                 
                                                                                                                                
     I had asked [unspecified]  committee members to go over                                                                    
     the appropriations  to help make a  determination, what                                                                    
     they  felt  or what  we  felt  was reasonable  to  this                                                                    
     particular appropriation.   Some  things were  left in;                                                                    
     some things were taken out,  ... realizing that we have                                                                    
     responsibilities not  only to  ... protect  citizens in                                                                    
     the state  of Alaska,  but also  any U.S.  citizen that                                                                    
     [is] here.   But we  also have a responsibility  to our                                                                    
     constituents and to Alaskans, that  we try to make sure                                                                    
     we get the most bang for the buck.                                                                                         
                                                                                                                                
Number 0680                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT  commended Chair Chenault  for a good  job of                                                               
paring things down.                                                                                                             
                                                                                                                                
REPRESENTATIVE GREEN said it was an excellent job.                                                                              
                                                                                                                                
REPRESENTATIVE KOTT  agreed the state doesn't  have the resources                                                               
to do  everything.  He noted  that Version F has  prioritized and                                                               
leveraged federal  funding to  the extent possible.   He  said he                                                               
believes  it goes  a long  way  toward implementing  many of  the                                                               
recommendations  outlined   by  the  Terrorism   Disaster  Policy                                                               
Cabinet and  forwarded with  the original bill.   He  pointed out                                                               
that  the House  Finance Committee  eventually would  review this                                                               
and either concur or make changes.                                                                                              
                                                                                                                                
Number 0767                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MURKOWSKI  mentioned  the  numerous  spreadsheets                                                               
provided  at the  various hearings.   She  said it  wasn't clear,                                                               
looking at Version  F, what hadn't been included.   She requested                                                               
that Chair Chenault provide a better sense regarding that.                                                                      
                                                                                                                                
CHAIR  CHENAULT   referred  to  the  handout   titled  "Terrorism                                                               
Disaster  Policy Cabinet:   Cost  Estimates for  Highest Priority                                                               
Recommendations,"  dated 1-14-02;  a  new,  highlighted copy  had                                                               
been provided to members that day.  He explained:                                                                               
                                                                                                                                
     Basically,  ...  we went  down  and  looked at  federal                                                                    
     funds,  and naturally  the federal  funds  are ...  the                                                                    
     biggest.  We pretty much  agreed that ... we would like                                                                    
     to  monopolize all  the federal  funds we  can get  for                                                                    
     this, ...  realizing that some  may be matching.   And,                                                                    
     as  you know,  ... there  were continual  changes where                                                                    
     [general]  funds were  moved  to federal  funds.   Some                                                                    
     things were dropped completely  out, either ... because                                                                    
     we didn't  act in  a timely enough  manner ...  for the                                                                    
     departments  to  be able  to  institute  them, or  they                                                                    
     found that ... they weren't  required.  You know, there                                                                    
     are  some  things in  here  that  ...  we may  have  to                                                                    
     address  at a  different time  if they  do not  get the                                                                    
     waivers that they're asking for.                                                                                           
                                                                                                                                
Number 0951                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked whether those are included.                                                                      
                                                                                                                                
CHAIR  CHENAULT said  no.   He  explained, "I  could not  justify                                                               
allocating  money to  a department  beforehand, figuring  that we                                                               
may have to  try to get it  back at a later time."   He suggested                                                               
that can perhaps be done in a supplemental [budget] later.                                                                      
                                                                                                                                
CHAIR  CHENAULT  noted  that  many  general  fund  items  weren't                                                               
included or  were included in the  "fast-track supplemental" just                                                               
approved.  He added, "There's some  ... other issues in here that                                                               
in  my  opinion,  and  some   of  the  other  committee  members'                                                               
opinions, did  not really fit  in to ... what  this appropriation                                                               
is."   He  cited as  an example  [a request  for] 20  new Village                                                               
Public  Safety  Officers  (VPSOs);  he  questioned  whether  that                                                               
really was added  to this [appropriation] package  because of the                                                               
[terrorism attacks  on September  11, 2001], considering  that it                                                               
has been before the legislature previously.                                                                                     
                                                                                                                                
CHAIR  CHENAULT pointed  out that  there  is money  in there  for                                                               
additional  troopers, for  field surveillance  and analysis,  and                                                               
for  continuing   their  drills   with  the  Federal   Bureau  of                                                               
Investigation (FBI)  on pipeline  safety issues.   There  also is                                                               
money for HAZMAT [hazardous materials] suits.  He remarked:                                                                     
                                                                                                                                
     Some  departments  were  more  forthcoming  than  other                                                                    
     departments  were, as  far as  what their  actual needs                                                                    
     were.  I  did kind of find that refreshing,  and not to                                                                    
     show any  favoritism, but  I did let  them bend  my ear                                                                    
     considerably more  than maybe others. ...  There's some                                                                    
     parts and  pieces out  of this  1-14-02 recommendations                                                                    
     that ... kind  of fell by the wayside,  either on their                                                                    
     own  or  because the  funding  is  not needed  at  this                                                                    
     particular time.                                                                                                           
                                                                                                                                
CHAIR  CHENAULT  again  offered to  discuss  each  dollar  amount                                                               
proposed to be given to each department in Version F.                                                                           
                                                                                                                                
Number 1173                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI said she  didn't think it was necessary.                                                               
She  said, however,  it was  helpful to  look at  the highlighted                                                               
copy [of  the handout] regarding  the federal dollars,  which she                                                               
hadn't  seen  before  or  talked  to the  chairman  about.    She                                                               
referred to  proposed funding  for the  Alaska Land  Mobile Radio                                                               
(ALMR) system and remarked about the federal component.                                                                         
                                                                                                                                
CHAIR CHENAULT acknowledged it was  confusing, saying that as the                                                               
numbers changed,  projects were  either deleted "or  they elected                                                               
not  to ask  for the  funding at  this particular  time, in  this                                                               
particular appropriation."   He  added that  [Version F]  was the                                                               
best recommendation he could make at this time.                                                                                 
                                                                                                                                
Number 1288                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOTT   asked  whether  the  committee   would  be                                                               
generating  a fiscal  note  to  reflect what  the  front page  of                                                               
Version F indicates, a total of [$58,781,800].                                                                                  
                                                                                                                                
CHAIR  CHENAULT said  yes.   He also  indicated he'd  agreed with                                                               
other committee  chairs to  bring them  up to  speed on  what the                                                               
current  committee has  done,  and  why it  was  decided to  fund                                                               
certain items, in order to speed the process along.                                                                             
                                                                                                                                
Number 1520                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT made  a motion to move CSHB  324 [version 22-                                                               
GH2078\F, Utermohle,  4/16/02] out  of committee  with individual                                                               
recommendations  and an  accompanying fiscal  note that  reflects                                                               
the funding levels on page 1 of the bill.                                                                                       
                                                                                                                                
CHAIR  CHENAULT, hearing  no objection,  announced that  the bill                                                               
was moved.                                                                                                                      
                                                                                                                                
Number 1560                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT brought attention to  the letter of intent in                                                               
committee packets.  It read [punctuation added]:                                                                                
                                                                                                                                
     Legislative Intent                                                                                                         
                                                                                                                                
     CS for HB 324(MLV)                                                                                                         
                                                                                                                                
     The intent of Committee  Substitute for House Bill 324,                                                                    
     "An  Act making  supplemental and  other appropriations                                                                    
     for homeland  security; and providing for  an effective                                                                    
     date," is as follows:                                                                                                      
                                                                                                                                
     It should  be clear that appropriations  as outlined in                                                                    
     the above-referenced  bill be spent only  in the manner                                                                    
     as  the Terrorism  Disaster Policy  Cabinet recommended                                                                    
     in their  report dated 1-14-02 delivered  with the bill                                                                    
     at the time of filing.                                                                                                     
                                                                                                                                
     Should  it  become necessary  for  a  court of  law  to                                                                    
     determine allocations,  this is  the standard  to which                                                                    
     each department should be held.                                                                                            
                                                                                                                                
Number 1606                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MURKOWSKI  pointed  out that  since  the  initial                                                               
spreadsheet   was  provided,   there  have   been  instances   of                                                               
discovering that  there are  available funds or  that there  is a                                                               
"waiver."  She noted that the  language of the letter says "spent                                                               
only in the manner" that is  recommended in the report of January                                                               
14.   However, there have  been changes to that  report regarding                                                               
where those funding sources are  or whether they are even needed.                                                               
She questioned tying it to the report of that particular date.                                                                  
                                                                                                                                
REPRESENTATIVE KOTT  said he  thinks that is  a good  point, then                                                               
added:                                                                                                                          
                                                                                                                                
     I  think  all  we're  saying   here  is  that  at  this                                                                    
     particular point in time, based  on this snapshot, this                                                                    
     is  hopefully  an up-to-date  version.    If there  are                                                                    
     later changes  in the committee  process, then  it'd be                                                                    
     up to that  committee to make those  changes and accept                                                                    
     the recommendations from the  various departments.  And                                                                    
     at that  point they would,  then, not adopt  our letter                                                                    
     of  intent, but  may, then,  move their  own letter  of                                                                    
     intent forward, if they should choose to do so.                                                                            
                                                                                                                                
Number 1694                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  clarified that her concern  is with the                                                               
word "only".   It is  a specific tie-in to  that list.   She then                                                               
commented that letters  of intent are about as good  as the paper                                                               
they're written on.                                                                                                             
                                                                                                                                
REPRESENTATIVE GREEN agreed they carry no legal weight.                                                                         
                                                                                                                                
REPRESENTATIVE  KOTT said  he didn't  think eliminating  the word                                                               
"only" would  do anything drastic  to the letter; he  also agreed                                                               
it doesn't  carry any  weight.  He  suggested the  next committee                                                               
could accept  it, amend it, or  reject it outright.   "This gives                                                               
an indication to  the next committee of referral  that we've done                                                               
the best  we could  with what  we had  available, and  we believe                                                               
that everything's up to date," he said.                                                                                         
                                                                                                                                
Number 1784                                                                                                                     
                                                                                                                                
CHAIR CHENAULT remarked, "I believe  that our intent is that they                                                               
spend the  funds on the  priorities and the  recommendations that                                                               
they have."                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT  surmised that federal funds  would come with                                                               
strings  attached to  those various  programs.   He indicated  it                                                               
would be  general funds that  could be in question,  unless there                                                               
were substantial matching funds.                                                                                                
                                                                                                                                
Number 1836                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MURKOWSKI   told  members  she   wasn't  entirely                                                               
satisfied  with  the  legislative  intent  as  outlined  [in  the                                                               
letter].   She  therefore stated  for  the record,  "We want  the                                                               
expenditures  and   the  appropriations   to  reflect   what  the                                                               
Terrorism  Disaster Policy  Cabinet ...  had initially  proposed,                                                               
recognizing  that  there  may  be   changes  within  the  funding                                                               
sources, ... whether or not that has been a priority."                                                                          
                                                                                                                                
Number 1872                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT  made a motion  to move the letter  of intent                                                               
along with  the bill.   There being  no objection, the  letter of                                                               
intent  was moved  along  with  CSHB 324(MLV)  out  of the  House                                                               
Special Committee on Military and Veterans' Affairs.                                                                            

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