Legislature(2007 - 2008)

05/15/2007 09:40 PM HB95


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09:40:53 PM Start
10:50:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
CSHB 95(FIN)                                                                                                                  
                                                                                                                                
      "An  Act making  appropriations for  the operating  and                                                                   
     loan program  expenses of state government,  for certain                                                                   
     programs,    and    to    capitalize    funds;    making                                                                   
     appropriations  under art. IX, sec.  17(c), Constitution                                                                   
     of the State  of Alaska; and providing  for an effective                                                                   
     date."                                                                                                                     
                                                                                                                                
CSHB 96(FIN)                                                                                                                  
                                                                                                                                
     "An Act making appropriations for the operating and                                                                        
     capital    expenses    of   the    state's    integrated                                                                   
     comprehensive mental  health program; and  providing for                                                                   
     an effective date."                                                                                                        
                                                                                                                                
And                                                                                                                             
                                                                                                                                
Senate CS for CSHB 95(FIN) am S                                                                                               
                                                                                                                                
     "An Act making appropriations for the operating and                                                                        
     loan program  expenses of state government,  for certain                                                                   
     programs,    and    to    capitalize    funds;    making                                                                   
     appropriations  under art. IX, sec.  17(c), Constitution                                                                   
     of the State  of Alaska; and providing  for an effective                                                                   
     date."                                                                                                                     
                                                                                                                                
Senate CS for CSHB 96(FIN)                                                                                                    
                                                                                                                                
     "An Act making appropriations for the operating and                                                                        
     capital    expenses    of   the    state's    integrated                                                                   
     comprehensive mental  health program; and  providing for                                                                   
     an effective date."                                                                                                        
                                                                                                                                
     All remaining open items including language sections                                                                       
     and fiscal notes                                                                                                           
                                                                                                                                
     CCHB 95 and CCHB 96 were reported out of Committee.                                                                        
                                                                                                                                
LANGUAGE SECTIONS                                                                                                             
                                                                                                                                
Senator Hoffman MOVED to ADOPT the following language                                                                           
Items:                                                                                                                          
                                                                                                                                
     COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT                                                                               
                                                                                                                                
     Item 15 - Senate (1 & 2)                                                                                                   
                                                                                                                                
     DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT                                                                              
                                                                                                                                
     Items  1 &  2 -  House [Chair  Chenault  noted that  the                                                                   
     motion  adopted  a  quarter  of the  cost  factors  ISER                                                                   
     study.]                                                                                                                    
                                                                                                                                
     DEPARTMENT OF ENVIRONMENTAL CONSERVATION                                                                                   
                                                                                                                                
     Item 7 - Senate (one-time funding)                                                                                         
                                                                                                                                
     DEPARTMENT OF PUBLIC SAFETY                                                                                                
     Item 4 - House                                                                                                             
                                                                                                                                
     STATEWIDE                                                                                                                  
                                                                                                                                
     Item #2 - House (both)                                                                                                     
                                                                                                                                
There  being   NO  OBJECTION,  the  language   sections  were                                                                   
adopted as stated.                                                                                                              
                                                                                                                                
9:46:05 PM                                                                                                                    
                                                                                                                                
OPEN ITEMS                                                                                                                    
                                                                                                                                
DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT                                                                    
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Department of Commerce, Community  and Economic Development's                                                                   
budget: Item  3 - Senate -$250,  Item 9 - House  -$1 million,                                                                   
Item 10  (1) -  Senate and  (2) and  (3) -  House, Item  16 -                                                                   
Senate. There being NO OBJECTION, it was so ordered.                                                                            
                                                                                                                                
9:48:44 PM                                                                                                                    
                                                                                                                                
Senator Hoffman MOVED  to Reopen Item 2 in  the Department of                                                                   
Commerce,  Community   and  Economic  Development's   budget.                                                                   
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Senator Hoffman  MOVED to ADOPT  Item 2 - Senate  -$30. There                                                                   
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
Chair  Chenault  noted  that   the  Department  of  Commerce,                                                                   
Community and Economic Development's budget was closed.                                                                         
                                                                                                                                
Chair  Chenault   explained  that  the  Legislative   Finance                                                                   
Division  recommended changing  the Vehicle  Rental Tax  from                                                                   
the  "Other"  Fund group  to  the  "GF" Fund  group.  Senator                                                                   
Hoffman  so  MOVED.  There  being NO  OBJECTION,  it  was  so                                                                   
ordered.                                                                                                                        
                                                                                                                                
9:53:13                                                                                                                         
                                                                                                                                
DEPARTMENT OF CORRECTIONS                                                                                                     
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Department  of  Corrections:  Item  12  - House,  Item  13  -                                                                   
House, Item 14,  - HOUSE, and Item 15 - House.  Senator Dyson                                                                   
OBJECTED to  Item 12.  He noted that  the House numbers  take                                                                   
$141.0  from  the  Governor's  request; the  Senate  did  not                                                                   
delete this funding. Item 12 was removed from the motion.                                                                       
                                                                                                                                
Senator Hoffman restated  his Motion and MOVED  to ADOPT Item                                                                   
13 -  House, Item  14, - HOUSE,  and Item  15 - House.  There                                                                   
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
Senator  Hoffman MOVED  to  ADOPT Item  12  - House.  Senator                                                                   
Dyson OBJECTED.                                                                                                                 
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Rep. Joule, Rep. Meyer, Rep. Chenault                                                                                 
          Sen. Stedman, Sen. Hoffman                                                                                            
                                                                                                                                
OPPOSED: Sen. Dyson                                                                                                             
                                                                                                                                
The MOTION PASSED:  Senate 2 yeas, 1 nay                                                                                        
                    House 3 yeas                                                                                                
                                                                                                                                
Chair Chenault noted Department of Corrections was closed.                                                                      
                                                                                                                                
9:56:18 PM                                                                                                                    
                                                                                                                                
DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT                                                                                 
                                                                                                                                
Senator  Hoffman   MOVED  to  ADOPT  in  the   Department  of                                                                   
Education  and Early Development's  budget:  Item 5 -  Senate                                                                   
minus   100  thousand   (onetime   only).   There  being   NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Senator  Hoffman MOVED  to  ADOPT Item  6  - Senate  language                                                                   
plus  100  thousand,   Item  11  -  House.   There  being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Senator Dyson  OBJECTED to  Item 5 in  support of  the Senate                                                                   
number without reduction  and MOVED that it  be reopen. There                                                                   
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
Senator  Hoffman reiterated  the  motion to  ADOPT  Item 5  -                                                                   
Senate  minus  100 thousand  (onetime  only).  Senator  Dyson                                                                   
OBJECTED and spoke  in support of charter school  funding. He                                                                   
observed  the  difficulty  of financing  schools  with  fewer                                                                   
than  150 students.  The  Senate  number provides  a  bridge,                                                                   
which would help keep charter schools in operation.                                                                             
                                                                                                                                
Chair Chenault  maintained that  at least one  charter school                                                                   
indicated  that   they  do  not  intend  to   increase  their                                                                   
enrollment.  The  intent is  to  require charter  schools  to                                                                   
increase  enrollment.   He  indicated  that   charter  school                                                                   
funding  would be  considered in  the future  along with  the                                                                   
funding formula, but  that the motion was the  best that they                                                                   
could achieve at that time.                                                                                                     
                                                                                                                                
10:04:50 PM                                                                                                                   
                                                                                                                                
A roll call vote  was taken on the motion to  adopt Item 5 in                                                                   
the Department of Education and Early Development's budget.                                                                     
                                                                                                                                
IN FAVOR: Rep. Joule, Rep. Meyer, Rep. Chenault                                                                                 
          Sen. Stedman, Sen. Hoffman                                                                                            
OPPOSED: Sen. Dyson                                                                                                             
                                                                                                                                
The MOTION PASSED:  Senate 2 yeas, 1 nay                                                                                        
                    House 3 yeas                                                                                                
                                                                                                                                
Chair Chenault  noted that  the Department  of Education  and                                                                   
Early Development's  budget was kept open [at  the request of                                                                   
Senator Hoffman.]                                                                                                               
                                                                                                                                
DEPARTMENT OF ENVIRONMENTAL CONSERVATION                                                                                      
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Department of  Environmental Conservation's budget:  Item 1 -                                                                   
House  minus $250.0,  Item 2  - House,  Item 6  - House  plus                                                                   
$250.0,  Item  8  -  House (both),  Item  9  -  Senate  -$1.3                                                                   
million,  and Item  11  - Senate  with  the  deletion of  the                                                                   
first sentence and "also" in second sentence.                                                                                   
                                                                                                                                
Senator  Dyson OBJECTED  to the  removal of  the language  in                                                                   
Item 11.                                                                                                                        
                                                                                                                                
Senator Hoffman  restated his  motion without Item  11: MOVED                                                                   
to ADOPT Item  1 - House minus  $250.0, Item 2 -  House, Item                                                                   
6  - House  plus $250.0,  Item  8 -  House (both),  Item 9  -                                                                   
Senate -$1.3 million.                                                                                                           
                                                                                                                                
In response to  a question by Senator Dyson,  Senator Hoffman                                                                   
explained that Item  9 would leave $1.2 million  in the Ocean                                                                   
Ranger Program.  Senator Dyson  questioned if there  would be                                                                   
sufficient funding for implementation.                                                                                          
                                                                                                                                
Senator  Hoffman  explained  that  the  Department  indicated                                                                   
that the funds were adequate to implement the program.                                                                          
                                                                                                                                
There being NO  OBJECTION, it was so ordered and  Items 1, 2,                                                                   
6, and 9 were adopted as stated above.                                                                                          
                                                                                                                                
Senator  Hoffman MOVED  to ADOPT  Item 11 -  Senate with  the                                                                   
deletion  of the  first sentence  [It  is the  intent of  the                                                                   
legislature    that   the    Department   of    Environmental                                                                   
Conservation  implement the Ocean  Ranger Program  enacted by                                                                   
the people of the  State of Alaska] and "also"  in the second                                                                   
sentence.  Senator Dyson  spoke in support  or retaining  the                                                                   
language.  Representative Joule  noted that  the program  was                                                                   
funded  at  $1.2  million and  suggested  that  the  language                                                                   
could be retained.                                                                                                              
                                                                                                                                
10:12:48 PM                                                                                                                   
                                                                                                                                
A roll call vote  was taken on the motion to  ADOPT Item 11 -                                                                   
Senate with  the deletion  of the first  sentence [It  is the                                                                   
intent   of   the  legislature   that   the   Department   of                                                                   
Environmental   Conservation  implement   the  Ocean   Ranger                                                                   
Program enacted  by the  people of the  State of  Alaska] and                                                                   
"also" in the second sentence.                                                                                                  
                                                                                                                                
IN FAVOR: Rep. Meyer, Rep. Chenault                                                                                             
          Sen. Stedman, Sen. Hoffman                                                                                            
OPPOSED: Rep. Joule                                                                                                             
          Sen. Dyson                                                                                                            
                                                                                                                                
The MOTION PASSED:  Senate 2 yeas, 1 nay                                                                                        
                    House 2 yeas, 1 nay                                                                                         
                                                                                                                                
Chair  Chenault noted  that the  Department of  Environmental                                                                   
Conservation's budget was closed.                                                                                               
                                                                                                                                
DEPARTMENT OF HEALTH AND SOCIAL SERVICES                                                                                      
                                                                                                                                
Senator  Hoffman   MOVED  to  ADOPT  the  following   in  the                                                                   
Department of  Health and Social  Services' budget: Item  1 -                                                                   
House, Item 9 -  House (both), Item 10 - Senate  (both), Item                                                                   
11 -  House, Item  17 -  Senate, Item  20 -  Senate, Item  22                                                                   
Senate  (both),  Item  26  - House,  and  Item  29  -  Senate                                                                   
(both). Senator Hoffman withdrew Item 11.                                                                                       
                                                                                                                                
Senator Dyson OBJECTED to Item 20.                                                                                              
                                                                                                                                
     No  money  appropriated  in this  appropriation  may  be                                                                 
     expended  for  an  abortion  that  is  not  a  mandatory                                                                 
     service  required  under   AS  47.07.030(a).  The  money                                                                 
     appropriated  for Health Care  Services may  be expended                                                                   
     only  for mandatory  services required  under Title  XIX                                                                 
     of  the Social Security  Act and  for optional  services                                                                 
     offered by  the state under  the state plan  for medical                                                                 
     assistance that  has been approved by the  United States                                                                 
     Department  of  Health and  Human  Services.  This is  a                                                                 
     statement  of  the  purpose  of  the  appropriation  for                                                                 
     Health Care  Services and is neither  merely descriptive                                                                 
     language nor a statement of legislative intent.                                                                            
                                                                                                                                
Senator  Hoffman  WITHDREW Item  20  from the  motion.  There                                                                   
being NO  OBJECTION, Item 1 -  House, Item 9 -  House (both),                                                                   
Item 10 - Senate  (both), Item 11 - House, Item  17 - Senate,                                                                   
Item  22 - Senate  (both),  Item 26  - House,  and Item  29 -                                                                   
Senate (both) were adopted.                                                                                                     
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT Item  20 - Senate  language.                                                                   
Senator Dyson spoke in support of the House language.                                                                           
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Rep. Joule, Rep. Chenault                                                                                             
          Sen. Stedman, Sen. Hoffman                                                                                            
OPPOSED: Rep. Meyer                                                                                                             
          Sen. Dyson                                                                                                            
                                                                                                                                
The MOTION PASSED:  Senate 2 yeas, 1 nay                                                                                        
                    House 2 yeas, 1 nay                                                                                         
                                                                                                                                
Representative Joule  observed that the action  taken on Item                                                                   
11 would reduce the grants line  to Behavior Health Grants by                                                                   
$1 million.                                                                                                                     
                                                                                                                                
Chair  Chenault  noted  that the  Department  of  Health  and                                                                   
Social Services' budget was closed.                                                                                             
                                                                                                                                
10:20:30 PM                                                                                                                   
                                                                                                                                
DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT                                                                                 
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Department  of  Labor  and  Workforce  Development's  budget:                                                                   
Item 1 - House,  Item 2 - Senate (one time),  Item 3 - House,                                                                   
Item  6 - Senate,  Item 7  - Senate,  and Item  10 -  Senate.                                                                   
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Chair Chenault  noted the Department  of Labor  and Workforce                                                                   
Development's budget was closed.                                                                                                
                                                                                                                                
DEPARTMENT OF LAW                                                                                                             
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Department of Law's  budget: Item 1 - House, Item  4 - House,                                                                   
and  Item 5  - House.  There being  NO OBJECTION,  it was  so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Chair  Chenault  noted the  Department  of Law's  budget  was                                                                   
closed.                                                                                                                         
                                                                                                                                
10:23:23 PM                                                                                                                   
                                                                                                                                
MILITARY AND VETERANS AFFAIRS                                                                                                 
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Military and Veterans  Affairs' budget: Item 1  House (both),                                                                   
and Item 2 -  House (both). There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
Chair  Chenault  noted  the Military  and  Veterans  Affairs'                                                                   
budget was closed.                                                                                                              
                                                                                                                                
DEPARTMENT OF NATURAL RESOURCES                                                                                               
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Department  of Natural  Resources' budget:  Item 4 -  Senate,                                                                   
Item 8  - Senate, Item  9 - Senate  (both), Item 12  - Senate                                                                   
(both),  and  Item  13  -  Senate   (both).  There  being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Senator  Hoffman  MOVED to  Reopen  Item  3. There  being  NO                                                                   
OBJECTION,  it was  so  ordered.   Senator  Hoffman MOVED  to                                                                   
ADOPT Item  3 - Senate (both).  There being NO  OBJECTION, it                                                                   
was so ordered.                                                                                                                 
                                                                                                                                
Senator  Hoffman  MOVED to  Reopen  Item  7. There  being  NO                                                                   
OBJECTION,  it  was  so ordered.  Senator  Hoffman  MOVED  to                                                                   
ADOPT Item  7 - Senate. There  being NO OBJECTION, it  was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Chair  Chenault  observed  that  the  Department  of  Natural                                                                   
Resources' budget was closed.                                                                                                   
                                                                                                                                
10:26:51 PM                                                                                                                   
                                                                                                                                
DEPARTMENT OF PUBLIC SAFETY                                                                                                   
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Department of  Public Safety's budget:  Item 5 -  House, Item                                                                   
7 -  House ,  Item 9 -  House, Item  12 -  Senate, Item  13 -                                                                   
House, and Item  5 - House, There being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
Chair Chenault noted  that the Department of  Public Safety's                                                                   
budget was closed.                                                                                                              
                                                                                                                                
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES                                                                            
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Department of  Transportation and Public  Facilities' budget:                                                                   
Item 1 - Senate,  Item 2 - Senate, Item 3 - Senate,  Item 4 -                                                                   
Senate,  Item  5  -  House  plus  $150.0,  Item  6  -  Senate                                                                   
(onetime), Item 7  - House plus $200.0, Item 8  - House, Item                                                                   
9 - House  (both), Item 10 -  House, Item 11 -  House (both),                                                                   
Item 12  - House (both),  Item 13 (1)  - Senate -$250,  (2) -                                                                   
Senate,  and Item 14  - Senate  with a  change from  $1.75 to                                                                   
$1.5 million. There being NO OBJECTION, it was so ordered.                                                                      
                                                                                                                                
Chair Chenault  noted that  Department of Transportation  and                                                                   
Public Facilities' budget was closed.                                                                                           
                                                                                                                                
10:30:58 PM                                                                                                                   
                                                                                                                                
ALASKA COURT SYSTEM                                                                                                           
                                                                                                                                
Senator Hoffman  MOVED to  ADOPT the  following items  in the                                                                   
Alaska Court  System's budget: Item  2 - House, and  Item 7 -                                                                   
Senate. There being NO OBJECTION, it was so ordered.                                                                            
                                                                                                                                
LEGISLATURE                                                                                                                   
                                                                                                                                
Senator  Hoffman  MOVED to  ADOPT  Item  4 -  House.  Senator                                                                   
Dyson OBJECTED.  Senator Hoffman  stressed that the  adoption                                                                   
of the House number  is an attempt to take control  of growth                                                                   
in  government by  denying a  new position  in the  Anchorage                                                                   
Ombudsman's  Office. Senator  Dyson  spoke in  behalf of  the                                                                   
position and  emphasized the  service to  the people  and the                                                                   
excess workload.  Senator Hoffman stressed that it  was not a                                                                   
decrease, but a denial of an increase.                                                                                          
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Rep. Meyer, Rep. Chenault                                                                                             
          Sen. Stedman, Sen. Hoffman                                                                                            
OPPOSED: Rep. Joule                                                                                                             
          Sen. Dyson                                                                                                            
                                                                                                                                
The MOTION PASSED:  Senate 2 yeas, 1 nay                                                                                        
                    House 2 yeas, 1 nay                                                                                         
                                                                                                                                
Chair  Chenault observed  that the  Legislature's budget  was                                                                   
closed.                                                                                                                         
                                                                                                                                
STATEWIDE                                                                                                                     
                                                                                                                                
Chair Chenault  observed  that the statewide  portion  of the                                                                   
budget was closed.                                                                                                              
                                                                                                                                
RECESSED at 10:34:36 PM                                                                                                       
RECONVENED at 10:42:46 PM                                                                                                     
                                                                                                                                
FISCAL NOTES                                                                                                                  
                                                                                                                                
Senator  Hoffman MOVED  that the Committee  ADOPT the  fiscal                                                                   
notes  in  the  attached  Legislative  Finance  report  dated                                                                   
5/15/07 as amended:  delete funding for SB 27 and  SB 125 [SB                                                                   
125  was not  expected  to pass],  and add  $45.0  for SJR  7                                                                   
[which was  expected to pass].   A spreadsheet  was provided,                                                                   
which summarized  the detail  contained  in the report  (copy                                                                   
on file.)  The report contains  funding for legislation  that                                                                   
is assumed  to pass this session  and are considered  part of                                                                   
the  agency operating  budget.   He explained  that should  a                                                                   
measure  listed in  this  section either  fail  to pass,  its                                                                   
substance fail to  be incorporated in some other  measure, or                                                                   
be vetoed  by the  governor, the  appropriation shall  lapse.                                                                   
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
In response  to a question  by Representative  Meyer, Senator                                                                   
Hoffman  explained  that fiscal  notes  for SB  27  contained                                                                   
both general and federal funds.                                                                                                 
                                                                                                                                
There  being  NO  OBJECTION, fiscal  notes  were  adopted  as                                                                   
outlined above.                                                                                                                 
                                                                                                                                
10:50:38 PM                                                                                                                   
                                                                                                                                
DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT                                                                                 
                                                                                                                                
There  being   no  objection,   Chair  Chenault   noted  that                                                                   
Department of Education and Early Development was closed.                                                                       
                                                                                                                                
AUTHORIZATION LANGUAGE                                                                                                        
                                                                                                                                
Senator   Hoffman   MOVED   to  that   the   Committee   give                                                                   
authorization to  the Legislative  Finance Division   and the                                                                   
Legislative  Affairs, Legal  Services to  make any  necessary                                                                   
technical  and conforming  amendments  on HB  95  and 96  and                                                                   
that further action be closed.                                                                                                  
                                                                                                                                
Senator Hoffman MOVED to report CCHB 95 and CCHB 96 out of                                                                      
Committee. There being NO OBJECTION, it was so ordered.                                                                         
                                                                                                                                
CCHB 95 and CCHB 96 were reported out of Committee.                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:52 PM                                                                                           

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