Legislature(1995 - 1996)
05/06/1996 03:40 AM Senate CCB
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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. 412
An Act making appropriations for the operating and
loan program expenses of state government, for
certain programs, and to capitalize funds; and
providing for an effective date.
INTENT
Chairman Frank directed attention to a handout (copy on file
in the conference committee minute book) containing intent
set forth in House and Senate versions of the budget.
Committee members conducted the following review:
Dept. of Administration
Representative Grussendorf expressed dislike of House
language relating to Centralized Administrative Services,
due to dependence upon HB 513 which is unlikely to pass.
There was no motion for adoption of the intent.
Representative Hanley MOVED for adoption of Senate intent
for Information Services. No objection having been raised,
the intent was ADOPTED.
Representative Hanley MOVED for adoption of identical House
and Senate intent relating to Alaska Housing Finance
Corporation. No objection having been raised, the intent
was ADOPTED.
Dept. of Education
Representative Hanley MOVED for adoption of Teaching and
Learning intent. No objection having been raised, the
intent was ADOPTED.
Representative MOVED for adoption of House intent for
Executive Administration. House intent no. 1 was shortened
to read:
It is the intent of the legislature that the
Foundation Formula be re-written to eliminate the
inequity of the current formula.
No objection having been raised, the intent was ADOPTED.
Chairman Frank called for objections to adoption of intent
for the Alyeska Central School. No objection having been
raised, the intent was ADOPTED.
Both Senator Zharoff and Representative Grussendorf
expressed a preference for exclusion of intent relating to
the Kotzebue Technical Center. Representative Hanley
concurred and no motion for inclusion was made.
Representative Hanley initially MOVED for inclusion of
intent relating to WAMI Medical Education, but Chairman
Frank advised of need to remove the last sentence. The
Chairman subsequently suggested that the intent be
eliminated, noting that it could later be included in the
capital budget if it was determined to be necessary.
Dept. of Labor
House intent for Labor Market Information was ADOPTED.
Dept. of Commerce and Economic Development
Senate intent for Measurement Standards and Insurance was
ADOPTED.
Senator Zharoff and Representative Grussendorf raised
questions regarding federal funds associated with Tourism
Development intent, and the language was eliminated.
Representative Grussendorf referenced Senate intent for
Alaska Seafood Marketing and stressed the importance of
Seattle's West Coast location in terms of marketing. He
further questioned whether an Alaska bidder's preference
would apply to most international market "media buys" out of
California or New York. The first two items of Senate
intent were subsequently eliminated. The third item was
ADOPTED, reworded as follows:
It is the intent of the legislature that, upon
passage of HB 397, $327.7 is appropriated as a new
legislation/fiscal note to the Alaska Seafood
Marketing Institute for the purpose of serving as
matching funds for the international salmon
marketing program.
Dept. of Military and Veterans Affairs
Senate intent was ADOPTED as was the following additional
intent by Senator Halford:
It is the intent of the legislature that the
department, division of emergency services,
include emergency response as an integral part of
the duties of its employees.
Dept. of Natural Resources
Representative Grussendorf asked if efforts relating to
shore fishery leases and aquatic farming permits were
funded. Chairman Frank voiced intent to fund the program,
saying that the Senate was still working on HB 191. It
would do no damage to include the intent. No objection
having been raised, Senate intent for Resource Development
was ADOPTED as was Senate intent for Fire Suppression.
The following additional intent, offered by Senator Halford,
was also ADOPTED:
It is the intent of the legislature that the
Division of Lands discontinue all efforts to
implement the recreational rivers management plan
(commonly known as the "six rivers" plan)
throughout the Mat-Su area.
Dept. of Fish and Game
Referencing Senate intent relating to the king salmon tag,
Representative Grussendorf voiced concern that it would not
set an appropriate precedent. Senator Halford advised that
the percentage set forth reflects a federal requirement.
Representative Grussendorf withdrew his objection. All
intent for the Dept. of Fish and Game budget was
subsequently ADOPTED.
Dept. of Transportation and Public Facilities
No objection to Senate intent for the commissioner's office
and central, northern, and southeast highways and aviation,
having been raised, it was ADOPTED.
Dept. of Environmental Conservation
House intent for air quality was not offered. No objection
to Senate intent for air and water quality having been
raised, it was ADOPTED.
Dept. of Corrections
Chairman Frank advised of replacement language for Senate
intent originally set forth in the budget.
University of Alaska
No objection to Senate intent relating to maintenance of
funding for the school of fisheries having been raised, it
was ADOPTED.
Supplemental Packet of Intent
Chairman Frank next directed attention to a packet of
supplemental intent and referenced language relating to
long-range planning to be applied to all departments and the
University. Representative Hanley MOVED for adoption,
saying that language is similar to what departments did this
year in offering initial budgets. No objection having been
raised, the intent was ADOPTED.
Representative Hanley next MOVED for adoption of the
following intent to appear in the BRU for the commissioner's
office in each department:
It is the intent of the legislature that the
Governor prepare and implement a plan and submit
necessary legislation to combine and consolidate
at least two departments over the next two years.
No objection having been raised, the intent was ADOPTED.
The following intent for public communications within the
Dept. of Administration was offered by Representative Foster
and ADOPTED:
It is the intent of the legislature that the
public broadcasting entities within the state
continue to work toward self-sufficiency through
the creation and utilization of [a] private sector
endowed trust. The legislature intends that the
transponder be fully funded so that service to the
public will not be interrupted.
Chairman Frank referenced the following substitute intent
for the Dept. of Corrections:
Administration and Support - Data and Word Processing
It is the intent of the legislature that $248.4 in
federal receipts be included in the FY 97 capital
budget for the Department of Corrections,
Management Information System Project.
Institutions - Anvil Mountain Correctional Center
It is a condition of this appropriation that the
funds herein will not be used to operate, lease or
construct any other correctional facility in
Alaska.
Community Corrections - Community Corrections Director
It is a condition of this appropriation that the funds
herein will not be used to operate, lease, or construct
any other correctional facility except for expansion of
Point MacKenzie Rehabilitation Program or expanded
usage of new or existing community residential centers,
including those currently under contract.
No objection having been raised, the foregoing intent was
ADOPTED.
Chairman Frank referenced the following new intent for the
Dept. of Natural Resources:
It is the intent of the legislature that the Dept. of
Natural Resources pursue an aggressive navigability
assertion and management effort as well as an
aggressive RS 2477 assertion and management program
with funds appropriated in HB 468 or similar
legislation enacted.
No objection having been raised, the intent was ADOPTED.
Chairman Frank further pointed to new intent within the
division of forestry:
It is the intent of the legislature that the division
of forestry pursue changes in regulation to allow
certified consultants to do forest practices fieldwork
on private land.
No objection having been raised, the intent was ADOPTED.
Representative Grussendorf questioned whether the following
intent for the Dept. of Revenue was a "good idea" given the
number of transactions involved:
It is the intent of the legislature that if HB 341
or substantially similar legislation is enacted
into law, the department will either eliminate or
transfer back to Alaska the revenue hearing
examiner position currently stationed in Seattle,
Washington, and any similar positions maintained
outside of Alaska.
Chairman Frank voiced his understanding that the position
(which works only on oil and gas issues) was to return to
Alaska if the office of tax appeals is established within
the Dept. of Administration. No objection having been
raised, the intent was ADOPTED.
The following intent for the Dept. of Transportation and
Public Facilities was ADOPTED:
It is the intent of the legislature that the
department maintain a plowed road during the
winter on the existing Isabel Camp road access, at
approximately milepost 198, near Summit Lake on
the Richardson Highway.
It is the intent of the legislature that the
department not reallocate maintenance and
operations funds between regions except in the
case of an emergency.
University of Alaska
Chairman Frank referenced an appropriation in the front
section of the budget and noted need for the following
intent which was ADOPTED without objection:
It is the intent of the legislature that the
appropriations made in Section 20 of this Act be
in addition to current expenditures by the
University of Alaska on behalf of the alumni
associations.
OFFICE OF THE GOVERNOR
Representative Hanley moved for adoption of Senate funding
for the Governor's Office with the exception of the
following new numbers:
Executive Office, miscellaneous -437.7
Contingency Fund, miscellaneous -250.0
Lieutenant Governor, miscellaneous - 80.4
Governmental Coord., miscellaneous - 15.0
Representative Grussendorf inquired regarding the difference
between the Governor's request and proposed conference
committee funding. Representative Hanley advised that
conference numbers are approximately $430.0 less. The 437.7
reduction in the executive office is the largest reduction.
It was made in response to information indicating a $1.4
million carryforward. While some of that amount was
reappropriated, a carryforward of $1 million remains in
place. FY 95 actual funding was $6.2 million. Estimated FY
96 actuals total $6.3 million. With the carryforward, the
Governor's Office will be authorized $7.2 million. The
request was for authorization of $6.7.
No objection having been raised, funding for the Governor's
Office was ADOPTED, and the budget was closed.
DEPT. OF EDUCATION
Representative Hanley directed attention to a May 5, 1996,
memorandum (copy on file) and referenced a $3.6 million
lapse to be rolled forward from last year into this year.
Chairman Frank noted that the funding was included in the
supplemental. Representative Hanley MOVED to reopen the
budget for the Dept. of Education for the purpose of
reducing the $617,192.9 in general funds for the foundation
program by $3,678.8 to produce a new total of $613,514.1.
No objection having been raised, the budget for the Dept. of
Education was opened. Representative Hanley then MOVED for
adoption of $613,514.1 in general funds for the foundation
formula. No objection having been raised, the reduced
number was ADOPTED.
DEPT. OF CORRECTIONS
Representative Hanley MOVED to open the budget for the Dept.
of Corrections. No objection having been raised, IT WAS SO
ORDERED. Representative then MOVED to change the specific
reduction in House funding for Hiland Mountain Correctional
Center to an unallocated reduction. No objection having
been raised, the change was ADOPTED.
FRONT SECTIONS
Working from a side-by-side comparison (copy on file) of
House and Senate front sections, Representative Hanley
MOVED to reduce the Alaska Housing Finance Corporation
transfer from $70 million to $50 million. No objection
having been raised, the reduced amount was ADOPTED.
Chairman Frank acknowledged need to reduce the amount
transferred from the Alaska Industrial Development and
Export Authority as well. He advised that the high side
would be 40 percent. That percentage of the estimated
unrestricted cash balance totals $16,700.0. Representative
Hanley MOVED to transfer $16,700.0 rather than $21,000.0
from AIDEA. No objection having been raised, the reduced
amount was ADOPTED.
Representative Hanley next MOVED for Senate numbers for
Constitutional Budget Reserve funding. No objection having
been raised, the Senate numbers were ADOPTED.
Chairman Frank referenced Senate intent relating to the
disaster relief fund, saying that it would be consistent
with already adopted intent. Representative Hanley MOVED
for adoption of the Senate numbers. No objection having
been raised, IT WAS SO ORDERED.
Representative Hanley moved for adoption of Senate intent
under federal and other program receipts to include the Fish
and Game Fund and restrict agencies from obtaining
Legislative Budget and Audit approval for Fish and Game
Funds. In response to a question from Senator Zharoff,
Nancy Slagle advised that, per the proposed language,
additional Fish and Game Fund receipt authority may not be
obtained through LB&A. Additional authority would be
requested in supplemental funding as was done in the present
year. No objection having been raised, the intent was
ADOPTED.
The conference committee ADOPTED Senate funding for
information services funding within Sec. 13.
Senate language and funding for the marine highway system
fund was ADOPTED within Sec. 15.
Directing attention to Sec. 18(b), Chairman Frank advised
that the Senate number was based on new information from the
spring revenue forecast. Mr. Greany concurred that Senate
number are more current. No objection having been raised,
the Senate numbers were ADOPTED.
Chairman Frank noted that Senate funding for the student
loan program within Sec. 27 was consisted with SB 123, Ch 5,
SLA 1996. Representative Hanley MOVED for adoption of the
Senate numbers. No objection having been raised, IT WAS SO
ORDERED.
Representative Hanley MOVED for adoption of Senate funding
relating to University of Alaska license plates. No
objection having been raised, IT WAS SO ORDERED.
Representative Hanley MOVED for adoption of limitations on
appropriations language contained within Sec. 30 of the
Senate budget. Senator Zharoff objected. Chairman Frank
called for a show of hands. The motion failed on a vote of
3 to 3.
Representative Hanley next referenced new language to be
inserted in Sec. 9 at page 4, line 16, so that the last
sentence of subsection (a) would read:
Money appropriated in this Act may not be used to
implement the monetary terms of any of the
collective bargaining agreements listed in (b) of
this section unless separate legislation is
enacted which contains explicit language approving
the monetary terms of the collective bargaining
agreement.
NANCY SLAGLE, Director of Budget Review, Office of
Management and Budget, subsequently sought clarification of
the amendment. She voiced her understanding that original
language said that money appropriated in the operating
budget could not be used for payment of monetary terms
unless an appropriation was specific to that purpose. The
foregoing new language says that moneys within the
appropriation act cannot be spent for monetary terms unless
a separate piece of legislation approves the terms. Both
Chairman Frank and Representative Hanley concurred in Mrs.
Slagle's interpretation of the new language.
Representative Hanley later MOVED as a conceptual amendment,
that the drafter apply the new language where necessary
within Sec. 9 of the budget. Senator Zharoff initially
objected to the language, voicing his belief that the
legislature is obligated to fund contracts put forth in good
faith. He then withdrew his objection. No further
objection having been raised, both the foregoing language
and latitude for the drafter were ADOPTED.
FISCAL NOTES
Representative Hanley directed attention to a four-page
tabulation (copy on file) of fiscal note information,
further directed specific attention to the last item for SB
216 (page 3, $30.0 for Dept. of Education, PSEC funding),
and noted that funding is revenue rather than a general fund
expenditure. He thus recommended that it be removed from
the list.
END: CC-96, #5, Side 1
BEGIN: CC-96, #5, Side 2
Representative Hanley next directed attention to page 4 of
the handout and MOVED to fund $180.0 rather than $162.9 for
the new superior court judge at Dillingham (SB 320). No
objection having been raised, the change was ADOPTED. He
advised that, given the above changes, fiscal note funding
totals $6,873.0 in general funds and $4,508.7 in other
moneys. Representative Hanley MOVED for adoption of fiscal
note funding. No objection having been raised, the funding
was ADOPTED.
CONFORMING MOTION
MIKE GREANY, Director, Legislative Finance Division, sought
leave to conform back pages of the budget with front section
items. Representative Hanley MOVED to provide Legislative
Finance with authorization to conform back pages to the
front section of the budget. No objection having been
raised, IT WAS SO ORDERED.
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