Legislature(1993 - 1994)

03/30/1993 08:20 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SENATE BILL NO. 100                                                          
                                                                               
       An   Act   making    supplemental   and    special                      
       appropriations   for   the   expenses   of   state                      
       government;   making,   amending,   and  repealing                      
       capital   and   operating    appropriations;   and                      
       providing for an effective date."                                       
                                                                               
       CSSB 100 (Finance) was REPORTED OUT of committee with a                 
  "do  pass" recommendation and a SFC Letter of Intent.                        
                                                                               
  Co-chair Steve Frank directed attention  to an updated draft                 
  CSSB  100 (Fin) (8-GS106\O,  Utermohle, 3/29/93) and advised                 
  that it contains amendments from the hearing the day before.                 
  The Co-chair then highlighted the following changes:                         
                                                                               
       Office of the Public Defender, DOA           A d d e d                  
  $300.0                                                                       
       Office of Public Advocacy, DOA               A d d e d                  
  $500.0                                                                       
       Revenue Operations, DOR                      A d d e d                  
  $225.0                                                                       
       McLaughlin Youth Center, DH&SS                                          
                                                                               
                                                                               
  97.5*                                                                        
       Fairbanks Youth Facility, DH&SS                                         
  60.0*                                                                        
       Contract Jails, DPS                          A d d e d                  
  $200.0                                                                       
       Seafood Sanitation, DEC                      A d d e d                  
  $151.2                                                                       
                                                                               
  Co-chair Frank  advised  that additional  funding of  $225.0                 
  from  the $325.0 the Dept.  of Revenue requested for revenue                 
  operations would allow the department to begin hiring needed                 
  auditors.  *He further advised that  the Dept. of Health and                 
  Social  Services  found available  revenues  within Northern                 
  Region family  and youth services  so that funding  of $97.5                 
  could  be  reallocated to  the  McLaughlin Youth  Center and                 
  $60.0 to the  Fairbanks Youth  Facility.  This  reallocation                 
  will allow  the department to provide  additional assistance                 
  to the Bethel Receiving Home to keep it open.                                
                                                                               
  Senator Kerttula voiced  support for additional  funding for                 
  both the  public  defender and  revenue auditors.   He  then                 
  advised  that  he  had  an  additional  amendment  he  would                 
  subsequently propose to committee.                                           
                                                                               
  Senator Rieger posed a question regarding backup information                 
  submitted with  the $351.2  request for  seafood sanitation.                 
  He noted indication of a current balance of $1.8 million and                 
  projected expenditures, February through June, of $1.999 for                 
  a difference of approximately $200.0.  He then asked why the                 
  total was increased to $351.2 rather than $200.0.                            
                                                                               
  TRACI  CRAMER,  budget  analyst,  Office  of  Management and                 
  Budget, explained that funds that appear to be available for                 
  lapse  are  federal and  cannot be  applied to  the program.                 
  They are unrealized federal moneys.   Requested funding will                 
  cover both unrealized federal dollars and unrealized program                 
  receipts.   Senator Rieger  asked why  the program  receipts                 
  were not realized.  Mrs. Cramer advised of three reasons:                    
                                                                               
       1.   The  Legislature  assumed  the  receipts would  be                 
  achievable          on July 1.                                               
                                                                               
       2.   Problems  with  the  regulation   process  delayed                 
            effectiveness until February.                                      
                                                                               
       2.   The  fees  were   "very  optimistic."     Hearings                 
  indicated that                                                               
            the  public felt the  fees were  too high  for the                 
            first year of  the program.  Downward  adjustments                 
            were thus made.                                                    
                                                                               
  Senator Kerttula distributed an  amendment to add $1,000,000                 
  in  general funds to the  Dept. of Law  to pay judgments and                 
  claims against the state for the fiscal year ending June 30,                 
                                                                               
                                                                               
  1993.  He  then MOVED for adoption.   He explained that  the                 
  Dept. of Law is  appealing only $85.0 of the  total judgment                 
  from the  recent reapportionment  lawsuit.   House Bill  146                 
  (Appropriation  for  Reapportionment  Litigation  Costs)  is                 
  presently in  Senate State  Affairs and  has two  additional                 
  referrals prior  to coming to  the floor.   Senator Kerttula                 
  questioned whether the  bill would move,  and he noted  that                 
  the current judgment  against the state continues  to accrue                 
  interest at 10%.   Co-chair Frank  said that he looked  into                 
  the issue and found  the case to be complicated  and amounts                 
  to be arbitrary.  He stated  his impression that half of the                 
  judgment was on appeal.  The Co-chair then voiced his intent                 
  to deal with the  judgment in the above-noted bill  or "some                 
  later vehicle."                                                              
                                                                               
  Senator Kerttula next  directed attention to a  breakdown of                 
  costs contained within a memo (copy on file) from Stephen C.                 
  Slotnick, Assistant  Attorney General,  Dept. of  Law.   The                 
  Senator  then suggested  it would  be both  a  financial and                 
  political error not to  resolve the issue before the  end of                 
  the session.                                                                 
                                                                               
  Senator Sharp voiced concern over demonstrating  legislative                 
  intent to fully pay an anticipated balance before the matter                 
  works  its  way through  the court  system.   Co-chair Frank                 
  concurred.  Senator  Kerttula reiterated that only  $85.0 of                 
  the total is on appeal.                                                      
                                                                               
  Co-chair  Frank  called  for  further   debate.    None  was                 
  forthcoming.   He then  called for objections  to the motion                 
  for adoption of the amendment.  Senator Kelly OBJECTED.  Co-                 
  chair Frank directed that a roll call vote be taken:                         
                                                                               
       YEAS:     Kerttula                                                      
       NAYS:     Rieger, Jacko, Sharp, Kelly, Frank                            
                                                                               
  The motion FAILED on a vote of 1 to 5.                                       
                                                                               
  Senator Kelly MOVED for adoption of  CSSB 100 (Finance).  No                 
  objection  having  been  raised,   CSSB  100  (Finance)  was                 
  ADOPTED.                                                                     
                                                                               
  Co-chair Frank directed attention to a  March 29, 1993, memo                 
  from Randy Welker, Legislative Auditor,  and advised that it                 
  contains proposed  intent language relating  to supplemental                 
  funding for the  Division of Elections.  Senator Kelly MOVED                 
  that  the  six recommendations  set  forth  in the  memo  be                 
  incorporated within  a Senate  Finance  Committee letter  of                 
  intent to  accompany the  bill.   No  objection having  been                 
  raised,  the motion  CARRIED, and  the letter of  intent was                 
  ADOPTED.                                                                     
                                                                               
  Senator  Kelly  MOVED  that  CSSB  100 (Finance)  pass  from                 
  committee  with individual  recommendations.   No  objection                 
                                                                               
                                                                               
  having  been raised, CSSB 100  (Finance) was REPORTED OUT of                 
  committee  with  the  Senate  Finance  Committee  letter  of                 
  intent.   All members  present signed  the committee  report                 
  with  a  "do  pass" recommendation,  with  the  exception of                 
  Senator Kerttula who signed "no rec."                                        
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting was adjourned at approximately 8:30 a.m.                         
                                                                               

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