Legislature(1999 - 2000)

01/18/1999 11:10 AM House BUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         JOINT COMMITTEE ON LEGISLATIVE BUDGET AND AUDIT                                                                        
                        January 18, 1999                                                                                        
                           11:10 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Randy Phillips, Chairman                                                                                                
Senator Al Adams                                                                                                                
Senator Rick Halford                                                                                                            
Senator Drue Pearce                                                                                                             
                                                                                                                                
Representative Con Bunde                                                                                                        
Representative Eric Croft                                                                                                       
Representative Jeannette James                                                                                                  
Representative Gene Therriault                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator John Torgerson                                                                                                          
                                                                                                                                
OTHER HOUSE MEMBERS PRESENT                                                                                                     
                                                                                                                                
Representative Gail Phillips                                                                                                    
                                                                                                                                
OTHER SENATE MEMBERS PRESENT                                                                                                    
                                                                                                                                
Senator Dave Donley                                                                                                             
                                                                                                                                
COMMITTEE CALENDER                                                                                                              
                                                                                                                                
APPROVAL OF MINUTES                                                                                                             
EXECUTIVE SESSION                                                                                                               
CONSIDERATION OF PRELIMINARY AUDITS AND SPECIAL AUDIT REQUESTS                                                                  
REVISED PROGRAMS - LEGISLATIVE (RPLs)                                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
PAT DAVIDSON, Legislative Auditor                                                                                               
Legislative Audit Division                                                                                                      
P.O. Box 113300                                                                                                                 
Juneau, Alaska 99811-3300                                                                                                       
Telephone:  (907) 465-3830                                                                                                      
POSITION STATEMENT:  Presented audit history.                                                                                   
                                                                                                                                
KATHY PORTERFIELD, Managing Partner                                                                                           
KPMG LLP                                                                                                                      
601 West 5th Avenue                                                                                                             
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 265-1212                                                                                                      
POSITION STATEMENT:  Answered questions  on wage and benefit study                                                              
project purpose.                                                                                                                
                                                                                                                                
TAMARA COOK, Director                                                                                                           
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
130 Seward Street, Suite 409                                                                                                    
Juneau, Alaska 99801-2105                                                                                                       
Telephone:  (907) 465-2450                                                                                                      
POSITION STATEMENT:   Presented and answered questions  on drafted                                                              
legislation.                                                                                                                    
                                                                                                                                
TOM WILLIAMS, Senate Finance Committee Staff                                                                                    
Senator Sharp                                                                                                                   
Alaska State Legislature                                                                                                        
Capitol Building, Room 516                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3004                                                                                                      
POSITION STATEMENT: Presented changes  that need to be made to the                                                              
wage and benefit study.                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
LBA 1/18/99 TAPE 1                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR RANDY  PHILLIPS called  the Joint  Committee on  Legislative                                                              
Budget and Audit  meeting to order at 11:10 a.m.   Members present                                                              
at the call to order were Representatives  Con Bunde, Croft, James                                                              
and Therriault and Senators Phillips, Adams, Halford and Pearce.                                                                
                                                                                                                                
APPROVAL OF MINUTES                                                                                                           
                                                                                                                                
SENATOR AL  ADAMS made  a motion  to approve  the minutes  for the                                                              
meeting held on  December 11, 1998.  There being  no objection, it                                                              
was so ordered.                                                                                                                 
                                                                                                                                
EXECUTIVE SESSION                                                                                                             
Number 0153                                                                                                                     
                                                                                                                                
SENATOR ADAMS made a motion to move  to executive session in order                                                              
to  discuss  the  preliminary  audit  reports.    There  being  no                                                              
objection,  the  committee  went   into  executive  session  [time                                                              
unspecified].                                                                                                                   
                                                                                                                                
Senator Donley joined the meeting during executive session.                                                                     
                                                                                                                                
The committee resumed open session [time unspecified].                                                                          
                                                                                                                                
CONSIDERATION OF PRELIMINARY AUDITS AND SPECIAL AUDIT REQUESTS                                                                
Number 0212                                                                                                                     
                                                                                                                                
SENATOR  DRUE PEARCE  made  a motion  to  release  the five  final                                                              
audits  to the  public.    There being  no  objection,  it was  so                                                              
ordered.                                                                                                                        
                                                                                                                                
PAT  DAVIDSON, Legislative  Auditor,  Legislative Audit  Division,                                                              
said that over  the past year the audit division  has been working                                                              
through  a backlog  of audit  requests.   In  1995-1996 the  audit                                                              
division was  averaging close  to 17 requests  per year.   In 1997                                                              
the  audit division  received 36  requests,  double the  workload.                                                              
Most of 1998  was spent meeting  all the requests from  1995, 1996                                                              
and 1997.   The audits being  worked on at present  were requested                                                              
in  January and  April  of  1998.   Within  six to  eight  months,                                                              
assuming a  constant flow at 17  audits per year, the  division is                                                              
hoping to be able to complete an  audit within two to three months                                                              
of the request.                                                                                                                 
                                                                                                                                
Number 0360                                                                                                                     
                                                                                                                                
SENATOR HALFORD explained,  "In the last session we  passed a bill                                                              
that required  the recordation of  the RS 2477  rights-of-way, and                                                              
it had a fiscal  note.  They were to be recorded  by January 1, by                                                              
law; none of them have been recorded.   The Administration has now                                                              
said they  may record the  seven that  have been surveyed,  but it                                                              
sounds like  they are  not inclined  to record  the rest  of them.                                                              
The fiscal note  was funded.  I'd like to know  what they're doing                                                              
with the money."   He followed up  by saying that he  didn't think                                                              
it required an extensive audit, but more a "mini-audit."                                                                        
                                                                                                                                
Number 0435                                                                                                                     
                                                                                                                                
SENATOR ADAMS stated that he didn't  think the amount of money was                                                              
sufficient  to  carry out the rights-of-way and that  it needed to                                                              
be looked at closely in order to go through on the surveys.                                                                     
                                                                                                                                
MS.  DAVIDSON addressed  Senator  Halford stating  that she  would                                                              
write  a letter  to  the Department  of  Natural Resources  asking                                                              
about their  intentions and  what they have  done with  the money.                                                              
Also, through an analysis of the  accounting records she felt that                                                              
the audit division could do some verification.                                                                                  
                                                                                                                                
Number 0491                                                                                                                     
                                                                                                                                
SENATOR  PEARCE  requested a  report  of  the 1998  calender  year                                                              
compensation  for  the  Governor,  the  staff  of  the  Governor's                                                              
office, and the commissioners by the end of the month.                                                                          
                                                                                                                                
MS. DAVIDSON replied by stating,  "I think that we could take that                                                              
on, not  so much  as an  audit request,  but as  a compilation  of                                                              
survey.  I  think that the agencies  went through it last  year; I                                                              
think that they're going to be prepared  to do it again this year.                                                              
Timingwise,   I  think   that  we  probably   could  request   the                                                              
information from the agencies, get  it compiled.  I would estimate                                                              
that  it should  be  ready by  the end  of  February, if  possibly                                                              
earlier."                                                                                                                       
                                                                                                                                
Number 0631                                                                                                                     
                                                                                                                                
TOM  WILLIAMS, Senate  Finance Committee  Staff,  stated that  the                                                              
final draft of the wage and benefits  study, prepared by KPMG, was                                                              
submitted  at  the  meeting  held  on  December  11,  1998.    The                                                              
contractor  was  asked  to  make  more  of  an  "apples-to-apples"                                                              
comparison  with  regards to  state  salaries.   He  continued  by                                                              
saying, "All of  the comparison salaries had been  standardized to                                                              
a forty-hour work week.  The intent  was to also standardize those                                                              
state of  Alaska positions that were  over-time eligible to  a 40-                                                              
hour workweek.   That had not been done in the  December 11 draft.                                                              
The contractor  has done that and  the change in  their conclusion                                                              
appears  on page  1  of the  executive summary.    In essence  the                                                              
December 11 draft stated that the  comparison salaries were at the                                                              
high end of the market, whether it  was analyzed by looking at the                                                              
market median  or the  market weighted average.   By  making those                                                              
adjustments,  the   request  of   the  last  meeting,   the  state                                                              
employees' overall  salaries, wages and benefits, comes  in at the                                                              
top  of  the market  range  if  you  use the  market  median,  and                                                              
actually it  comes in  above the competitive  market range  if you                                                              
use the  market weighted  average.   So, you  didn't change  it as                                                              
significantly  as what we  might have thought,  but it  did change                                                              
that.  For the most part, that is  the only substantive issue that                                                              
has changed between the December 11 and current draft."                                                                         
                                                                                                                                
Number 0774                                                                                                                     
                                                                                                                                
REPRESENTATIVE BUNDE  referred to page  2 of the wage  and benefit                                                              
study, second  bullet from the  bottom, which states  that, "State                                                              
contributions  for  SBS  and  PERS  are  25  percent  higher  than                                                              
retirement   and   social  security   contributions   for   survey                                                              
participants overall, but similar  to retirement contributions for                                                              
public  employers in  the survey."   He  asked Kathy  Porterfield,                                                              
"Are 25  percent higher than an  assessment of everyone,  but they                                                              
are similar to other  state employees in other states?   I guess I                                                              
don't quite understand that."                                                                                                   
                                                                                                                                
Number 0819                                                                                                                     
                                                                                                                                
KATHY  PORTERFIELD, Managing  Partner, KPMG  LLP, replied  they're                                                            
similar to  the other  public employers in  the survey,  which are                                                              
listed in the wage and benefits study on page 8.                                                                                
                                                                                                                                
REPRESENTATIVE BUNDE made a motion  to move the legislative budget                                                              
and audit  wage and benefit study  out for public release.   There                                                              
being no objection, it was so ordered.                                                                                          
                                                                                                                                
Number 0891                                                                                                                     
                                                                                                                                
TOM WILLIAMS  explained that  Amendment 1  will make the  contract                                                              
current  by changing  the  date and  project  manager.   KPMG  has                                                              
signed off on it and it has been reviewed by legal counsel.                                                                     
                                                                                                                                
REPRESENTATIVE BUNDE  made a motion to amend the  contract.  There                                                              
being no objection, it was so ordered.                                                                                          
                                                                                                                                
REPRESENTATIVE BUNDE asked Senator Pearce what the draw down is.                                                                
                                                                                                                                
SENATOR PEARCE replied, "1.1 billion."                                                                                          
                                                                                                                                
REPRESENTATIVE  BUNDE continued, "On  page 2, state  contributions                                                              
for  state workers  medical benefits  are 31  percent higher  than                                                              
average, for retirement  25 percent higher than  average, for paid                                                              
time off it's 48 percent higher than average."                                                                                  
                                                                                                                                
Number 0952                                                                                                                     
                                                                                                                                
SENATOR HALFORD made  a motion to draft legislation  for committee                                                              
approval.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  CROFT  objected,  stating  that  he  believes  the                                                              
twenty-first legislature's Legislative  Budget and Audit Committee                                                              
and their  chairperson  should be the  ones recommending  drafting                                                              
legislation.                                                                                                                    
                                                                                                                                
Number 1025                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES replied, "I  don't see  there is  any reason                                                              
why we shouldn't make a recommendation,  since we've had two years                                                              
of experience.   I think it's  wise to have a  recommendation from                                                              
the next  Legislative Budget and  Audit Committee, but I  think it                                                              
needs both of the them."                                                                                                        
                                                                                                                                
CHAIRMAN  PHILLIPS addressed  Senator  Croft, stating  that it  is                                                              
normal for  the prior  Legislative Budget  and Audit Committee  to                                                              
introduce legislation,  and then  the next Legislative  Budget and                                                              
Audit Committee can "pick up the ball and carry it."                                                                            
                                                                                                                                
REPRESENTATIVE THERRIAULT asked, "So this is the same language?"                                                                
                                                                                                                                
Number 1100                                                                                                                     
                                                                                                                                
TAMARA COOK,  Director, Legislative  Legal and Research  Services,                                                              
Legislative  Affairs Agency,  stated,  "The bill  that was  passed                                                              
last year  and vetoed  by the Governor  is SB  347, and  it's very                                                              
much simpler.   It required a changed paragraph two  to read after                                                              
the  revision,  'expenditures  of   additional  federal  or  other                                                              
program  receipts  under the  revised  program may  only  commence                                                              
after  the next  regular  session  has convened  and  has been  in                                                              
session for  30 days.'   My concern with  that is that  it doesn't                                                              
contain any time  periods, which will ensure that  the legislature                                                              
gets  a  notice  from  the  Governor  of  an  intention  to  begin                                                              
expenditures while the  legislature is in session for  a period to                                                              
react  to that.   So,  the draft  that I  prepared is  a bit  more                                                              
elaborate.  In particular, if you  look at paragraph three, you'll                                                              
see that I've  plugged in some time  periods.  It may  be somewhat                                                              
arbitrary.   They can be  changed if  the committee wishes.   I've                                                              
just  wanted to  make  sure that  we wouldn't  be  faced with  the                                                              
Governor  making  an expenditure  recommendation  the  day  before                                                              
expenditures start,  because he waits  until the 30-day  period to                                                              
make his recommendation.   So, especially if you  look at the sub-                                                              
paragraph B,  you'll see that  I have indicated  that expenditures                                                              
can commence only  after the legislature has been  convened for at                                                              
least  30 days  after the  committee has  received the  Governor's                                                              
notice of the intent."                                                                                                          
                                                                                                                                
SENATOR ADAMS wondered,  "Now if there is a time  line or a window                                                              
of federal funds  when we're not in session, we  can still address                                                              
that, even with the passage of this legislation?"                                                                               
                                                                                                                                
Number 1191                                                                                                                     
                                                                                                                                
MS. COOK  responded by saying,  "It depends  on the action  of the                                                              
committee...Under   this  bill  if   the  committee   approves  an                                                              
expenditure  of  program receipts,  again,  they  can be  expended                                                              
immediately  upon  receipt of  that  approval.   The  Governor  is                                                              
prohibited from making an expenditure  for a delayed period if the                                                              
committee acts to  disapprove within 90 days, and even  if it is a                                                              
federal  funding situation  that would  be true  under this  bill.                                                              
The Governor  wouldn't  be able  to spend  for a  period.  He  can                                                              
still  make the  decision that  he's  going to  spend the  program                                                              
receipts, federal  or otherwise,  despite the LB&A's  [Legislative                                                              
Budget and  Audit Committee's]  disapproval.   But he can't  start                                                              
spending that  money until  he has given  notice of that  decision                                                              
and the legislature  has had 30 days after that  notice to respond                                                              
if there  is a  mechanism by  which they  wish to respond,  either                                                              
politically or through, possibly, passage of legislation."                                                                      
                                                                                                                                
Number 1243                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  stated that the appropriation  that occurred                                                              
during the  interim to acquire land  on the Homer Spit,  which the                                                              
Legislative  Budget and  Audit  Committee  rejected, the  Governor                                                              
went ahead  and did.  Under  this new statute, the  Governor could                                                              
not have done that until 30 days from 1/19/99.                                                                                  
                                                                                                                                
MS. COOK responded  by saying that two things would  have to occur                                                              
before  the  Governor could  make  the  expenditure.   First,  the                                                              
Governor would  have to  notify the committee  of his  intent, and                                                              
second, the  Governor would not be  able to spend the  money until                                                              
the  session  had  been  convened  for  30 days.    This  way  the                                                              
legislative body has  an opportunity to react  to the "expenditure                                                              
in the offing."                                                                                                                 
                                                                                                                                
Number 1288                                                                                                                     
                                                                                                                                
SENATOR  DONLEY   asked  what  the   reaction  would  be   if  the                                                              
legislature didn't want the Governor to expend the funds.                                                                       
                                                                                                                                
MS.  COOK responded,  "It  largely  depends  upon the  way  budget                                                              
treats appropriations  of program receipts.  Right  now what we're                                                              
doing in the  front section is a blanket appropriation  of program                                                              
receipts.  We're  not identifying particular sources  or trying to                                                              
separate,  except  in very  rare  instances, particular  types  of                                                              
program receipts.   If  we get a  situation where the  legislature                                                              
knows that the Governor  is going to spend money,  it will be hard                                                              
to amend  a prior  appropriation to  peel out  the approval  for a                                                              
particular set of program receipts  the way we've got it now.  And                                                              
furthermore, if we  take legislative action that  would be subject                                                              
to a Governor's  veto.  So, it's  not clear that it's  going to be                                                              
very easy for  the legislature to  act.  Now, what David  Teal has                                                              
suggested to  me-and these are all  things that have to  be worked                                                              
out really in the finance committee  bill, but he has proposed and                                                              
it's not a bad  idea-is an appropriation of program  receipts with                                                              
an automatic lapse  date, so that you don't have  to face the veto                                                              
issue.   And then what  would happen,  I would presume,  is before                                                              
the  30-day period  runs and  these things  lapse the  legislature                                                              
would actually re-up them, pass a  bill to re-up the ones that the                                                              
legislature has decided we're going  to permit to have continue to                                                              
be expended without lapsing."                                                                                                   
                                                                                                                                
Number 1360                                                                                                                     
                                                                                                                                
SENATOR DONLEY wondered why the burden  was put on the legislature                                                              
to  act.   He  suggested it  would  be  better to  say  it is  not                                                              
approved unless the legislature approves  it in the first 30 days.                                                              
                                                                                                                                
MS. COOK responded, "Because we basically  had a system like that,                                                              
that  was  held invalid.    It  was actually  a  more  complicated                                                              
statute that existed.  There was  a lawsuit filed in a case called                                                              
Kelly  (ph) v.   Hammond,  which  said that  once the  legislature                                                            
appropriates money it cannot delegate  to a committee the power of                                                              
appropriating,  of ultimately determining  whether the  money will                                                              
be spent or not.  That becomes an  executive branch prerogative at                                                              
that point.   So, the  best that  we can try  to do here  is delay                                                              
that expenditure action to build  some time for the legislature to                                                              
react.   The other  obvious approach  is never  to make  a blanket                                                              
appropriation of program receipts."                                                                                             
                                                                                                                                
Number 1429                                                                                                                     
                                                                                                                                
SENATOR  DONLEY  asked   if  she  was  saying   that  the  current                                                              
structuring of the front section as a blanket is the problem.                                                                   
                                                                                                                                
MS. COOK  replied, "This  is the  best I  think we  can do  if the                                                              
legislature  wants  to have  a  blanket appropriation  of  program                                                              
receipts,  which is valuable  in cases  involving an  anticipated,                                                              
especially  federal funding  that  may come  up that  we want  the                                                              
state to have an opportunity to use  within a narrow window.  It's                                                              
also possible to  take the program receipt front  section language                                                              
that is a broad  appropriation and limit it to  only federal funds                                                              
for example,  and make  the political decision  that if  there are                                                              
additional  program receipts  from  the sale  of fishing  licenses                                                              
that they  come in for a supplemental,  but they're going  to have                                                              
to talk to the full legislature.   These are our policy questions,                                                              
that if  the legislature  still wants  a general  approach  to the                                                              
expenditure   of  program receipts,  but wants  an opportunity  to                                                              
review that,  the best we can do--we  cannot set up a  system that                                                              
is constitutional  that will allow  the result of  the legislative                                                              
review  after  the  appropriation   to  change  the  fact  of  the                                                              
appropriation.  All we can  do is  try to build in enough delay so                                                              
that if  there is a disagreement  between the legislature  and the                                                              
Governor  that  there is  at  least  an opportunity  to  negotiate                                                              
politically or to seek a legal remedy."                                                                                         
                                                                                                                                
REPRESENTATIVE THERRIAULT asked if  the automatic lapse date would                                                              
be when the legislature convenes.                                                                                               
                                                                                                                                
Number 1501                                                                                                                     
                                                                                                                                
MS.  COOK responded,  "Essentially  as I  understand David  Teal's                                                              
idea is that we'd put in an appropriation  of the program receipts                                                              
and then we'd automatically lapse  that appropriation on, say, day                                                              
25.  And if the legislature hadn't  acted to pass an appropriation                                                              
bill, taking  particular program  receipts that had  been approved                                                              
out of that lapse  prevision, they would lapse to  the extent that                                                              
they  hadn't already  been  spent.   Some of  these  may be  spent                                                              
before that  day, but that  type of a  mechanism would have  to be                                                              
built  into  the appropriation  act.    The alternative  that  the                                                              
legislature  faces  is the  need  to  pass an  appropriation  bill                                                              
amending  one of  their ...  prior year  appropriation of  program                                                              
receipts in a  way that prevents  the Governor's  expenditure that                                                              
they disapprove of,  and of course when you pass  an appropriation                                                              
Act  then  you buy  the...potential  of  a  veto.   However,  even                                                              
building in  a delay in expenditure  opens the possibility  up for                                                              
some sort of negotiation to occur, which we don't have now."                                                                    
                                                                                                                                
Number 1558                                                                                                                     
                                                                                                                                
REPRESENTATIVE THERRIAULT voiced  his concern about a meeting that                                                              
took place  during the summer where  something was turned  down by                                                              
the committee  and one of the  members said, "Well,  you shouldn't                                                              
be upset;  the Administration  can go ahead  in 45 days  anyways."                                                              
He followed  by saying that legislators  need to only say  "no" to                                                              
things they really don't want implemented.                                                                                      
                                                                                                                                
Number 1605                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES said  it  seems the  process  of having  the                                                              
lapse date is the  best way to be effective.  There  is no way for                                                              
the committee to  react if it is a blanket approval.   Without the                                                              
lapse  date the  whole  thing  seems to  be  just an  exercise  in                                                              
futility.                                                                                                                       
                                                                                                                                
MS. COOK  stated, "I think  that that  is basically correct.   The                                                              
problem is  that both  the lapse  date, if you  go the  lapse date                                                              
route, or if there is no lapse date,  then the legislature does at                                                              
least have  the opportunity  to introduce  a piece of  legislation                                                              
pulling out  the program  receipts that  they're upset  about from                                                              
the  prior year  appropriation that  is amending  that prior  year                                                              
bill.    The problem  with  brand  new legislation  is  that  it's                                                              
subject  to  a  veto,  of  course.     But  there  would  be  that                                                              
possibility of attempting that."                                                                                                
                                                                                                                                
REPRESENTATIVE  JAMES followed  up  by referring  to  some of  her                                                              
previous legislation  on regulations that  had a lapse date.   She                                                              
felt that if it was specified what  was included and what was left                                                              
out, it would be hard to veto that.                                                                                             
                                                                                                                                
Number 1701                                                                                                                     
                                                                                                                                
MS. COOK stated,  "That is correct.   That's why I think  Mr. Teal                                                              
thought that this  may be a mechanism that the  finance committees                                                              
will want  to look  at.   There are some  other possibilities  out                                                              
there,  as I  understand  it,  one of  which  is using  a  blanket                                                              
appropriation of  federal funds for program receipts,  and perhaps                                                              
a blanket  appropriation for program  receipts for  those agencies                                                              
that have a history of not abusing  their use of program receipts,                                                              
but when you  get into a particular situation where  there is what                                                              
the  legislature   feels  to  be  an  abuse  of   program  receipt                                                              
authority,  simply  peeling that  department  out  of the  program                                                              
receipt broad language and making  that particular department come                                                              
to the legislature for a supplemental,  and make their case before                                                              
the full legislature.   So there  are a couple of things  that can                                                              
be  done...Most of  those decisions  have got  to be  made on  the                                                              
finance committee  level and  will go  into an appropriation  act.                                                              
All this does is create a statutory  mechanism so that we're going                                                              
to try to  build in at least  a delay in an expenditure  when LB&A                                                              
[Legislative Budget and Audit] disapproves.   Right now we have 45                                                              
days and that's  not been long enough.   We're trying to  build in                                                              
something that  will ensure that  the delay period will  include a                                                              
time when the legislature  as a whole is in session,  so that they                                                              
have the  chance to react  to the extent  that they can  under the                                                              
circumstances,  and think  about  a solution.    It doesn't  fully                                                              
address the worries that the legislature has had in this area."                                                                 
                                                                                                                                
REPRESENTATIVE  BUNDE suggested  that debating  the merits  of the                                                              
bills could be done more productively at another time.                                                                          
                                                                                                                                
Number 1764                                                                                                                     
                                                                                                                                
SENATOR  HALFORD  stated,  "We  are totally  in  control  of  what                                                              
happens with regard  to budget appropriations if  we're willing to                                                              
write the budget  that way.  The reason that we  have a problem is                                                              
because of  the legislature's  attempt to  be reasonable  with the                                                              
executive on  things that nobody saw  ahead of time that  may come                                                              
up.  I  think we should introduce  the bill, put it on  the table,                                                              
negotiate with  the executive.  I  think it was a  serious mistake                                                              
to veto this kind of a bill because  the legislature does have the                                                              
ability not to put that language  in there.  And if we don't get a                                                              
solution  in  this  session,  in  a bill  that  becomes  law,  the                                                              
appropriation  in  the  front  section  of the  budget  should  be                                                              
specific to  federal funds,  it should  be specific department  by                                                              
department with  a maximum amount, and  if they know of  a program                                                              
receipt they should have to come  to us before we write the budget                                                              
and we should have to give them some  kind of a specific amount in                                                              
case they may  get that, so   that the legislature takes  back its                                                              
constitutional authority  unless there's a solution  worked out by                                                              
agreement.   That's  why I  think we should  put  the bill on  the                                                              
floor, or put the bill in."                                                                                                     
                                                                                                                                
Number 1812                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT stated that  he felt  the discussion  on the                                                              
merits of the bill before introduction  is appropriate, and that's                                                              
why he  objected earlier,  saying that  it should  be done  by the                                                              
current Legislative  Budget and Audit  Committee.  He  followed up                                                              
by saying  that he was ready  to vote on whether  this Legislative                                                              
Budget  and  Audit  Committee  puts this  forward  to  the  future                                                              
Legislative Budget and Audit Committee.                                                                                         
                                                                                                                                
CHAIRMAN PHILLIPS  requested a roll call vote.   Senator Phillips,                                                              
Donley,  Halford, Pearce,  and  Representative  Bunde, James,  and                                                              
Therriault voted in  favor of the motion.  Voting  against it were                                                              
Senator Adams and Representative  Croft.  Therefore, the motion to                                                              
introduce legislation passed by a vote of 7-2.                                                                                  
                                                                                                                                
Number 1894                                                                                                                     
                                                                                                                                
REPRESENTATIVE  THERRIAULT added,  "The  one RPL  that was  turned                                                              
down, dealing with  aerospace, one of the issues  that was brought                                                              
up is they were  requesting the ability to receive  and expend the                                                              
interest money off the federal funds  that they had held, and they                                                              
have received that approval."                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
CHAIRMAN RANDY  PHILLIPS turned the  gavel over to the  next chair                                                              
of  the Legislative  Budget  and Audit  Committee,  Representative                                                              
Gail Phillips, for adjournment.                                                                                                 
                                                                                                                                
CHAIR GAIL  PHILLIPS adjourned  the Legislative  Budget and  Audit                                                              
Committee meeting at 12:20 p.m.                                                                                                 
                                                                                                                                
                                                                                                                                

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