Legislature(1993 - 1994)
02/10/1993 01:51 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 10, 1993
1:51 p.m.
TAPE HFC 93-19, Side 2, #000 - end.
TAPE HFC 93-20, Side 1, #000 - #049.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 1:51 p.m.
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Foster Representative Therriault
Representative Grussendorf
ALSO PRESENT
Representative Ulmer; Representative Mackie; Charlot
Thickstun, Director, Division of Elections, Office of
Lieutenant Governor;
Mike Greany, Director, Legislative Finance Division.
SUMMARY INFORMATION
HB 94 "An Act making a supplemental appropriation for
costs of elections operations; and providing for
an effective date."
CSHB 94 (FIN) was reported out of Committee with a
"do pass" recommendation.
CHARLOT THICKSON, DIRECTOR, DIVISION OF ELECTIONS, OFFICE OF
THE LIEUTENANT GOVERNOR spoke on behalf of HB 94. She
stressed that the Division will be out of funding by
February 14, 1993. She presented members with calculations
indicating that $312,263 thousand dollars would maintain the
Division's basic functions through April, 1993 (Attachment
1).
Representative Therriault asked if the Division would have
funds to maintain a skeleton staff after April. Ms.
Thickstun replied that there would be no funds available for
personnel after April 1993.
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Representative Therriault clarified that temporary clerks in
Fairbanks will be able to help with the backlog in
Fairbanks.
Representative Hanley MOVED AMENDMENT #1: To delete on line
4, "$891,500," and add "312,263."
Representative Grussendorf expressed his concern that
funding contained in HB 94, not be diverted for uses other
than those outlined in Attachment 1.
Representative Brown MOVED to AMEND, AMENDMENT #1: delete
on line 5, "for the fiscal year ending June," add "through
April". Members discussed the AMENDMENT TO AMENDMENT #1.
Representative Parnell asked if the Division had essential
work which would continue past April, 1993. Ms. Thickstun
replied that all essential work would be completed prior to
the end of April.
Representative Hanley expressed support for AMENDMENT TO
AMENDMENT #1. He agreed with Representative Grussendorf
that the funding should be spent as the Division has
indicated in Attachment 1. Ms. Thickstun assured him that
the Division intends to use the funds as indicated in their
memo (Attachment 1).
Representative Martin asked if the Division had any margin
to allow for a recount election. Ms. Thickstun replied that
the Division could try to cover their needs by returning to
a 30 hour week. Representative Martin noted that elections
in Alaska are often close. He stressed that the State of
Alaska must pay for recount elections that are within 1
percent.
Co-Chair Larson observed that HB 94 will only keep the
Division operating until the end of April, 1993. He
emphasized that members are concerned with prior
expenditures by the Division. Continued funding for the
Division will be addressed after the Ombudsman's report and
the Legislative Budget and Audit Committee's audit.
Ms. Thickstun clarified that recount elections would only
occur for Rural Educational Attendance Area (REAA) and
Costal Regional Service Area (CRSA) elections. She stated
that the Division would be able to perform a REAA or CRSA
recount election.
Co-Chair Larson noted that a motion was still pending. He
restated the motion to AMEND, AMENDMENT #1: delete on line
5, "for the fiscal year ending June," add "through April".
There being NO OBJECTION, it was so ordered.
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Representative Navarre provided members with Amendment #2
(Attachment 2). Representative Navarre MOVED to adopt
AMENDMENT NO. 2. Amendment 2 would include court costs and
attorney fees awarded in Southeast Conference v. Hickel. He
stressed that the Attorney General has indicated that the
State of Alaska will not appeal the decision. He emphasized
that 10.5 percent interest will accrue until the State pays
the judgement. He asserted that it makes good fiscal sense
to settle the judgement immediately.
Representative Martin noted that Judge Weeks only signed the
order on February 6, 1993. He asserted that the Judgement
is being "railroaded through" and is "circumventing the
normal system of government."
STEPHAN (NEIL) SLOTNICK, ASSISTANT ATTORNEY GENERAL,
DEPARTMENT OF LAW noted that the Department of Law expects
the settlement amount to change. He pointed out that
plaintiff Leavitt has indicated that the settlement contains
a clerical error. The amount due to plaintiff Leavitt
should be $216,369.18.
Representative Grussendorf referred to discussions which
took place on the House Floor during debate on HB 68. He
asserted that promises were made by the Majority at that
time, that the award contained in Amendment 2 would be
addressed in the next available vehicle. He asserted that
HB 94 is the "next available vehicle". He reminded the
members that the Attorney General represents the Governor
not the Legislature. He stressed that the Governor must be
held responsible.
Representative Martin observed that the Department of Law
has other judgements pending. Mr. Slotnick agreed that
other judgements are included in FY 94 judgements and claims
legislation. He added that the award contained in Amendment
2 is included in the judgement legislation. The judgements
and claims legislation is expected to be passed at the end
of session. He noted that it is uncommon for judgements to
be separated from the Department's requests for judgements
and claims.
Representative Navarre suggested that the Governor's
reapportionment plan caused the plaintiffs to file suit. He
noted that the reapportionment process is on going. He
asserted that the plaintiffs should be reimbursed in order
to allow them to pursue additional actions that they deem
are necessary to their cases.
Co-Chair Larson assured members that the Committee will act
on the award issue expediently. He reminded members that HB
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146, contains an appropriation to the Department of Law for
the Southeast Conference judgement. House Bill 146 is
schedule for hearing by the House Finance Committee on
February 15, 1993.
Co-Chair Larson read portions of a letter from Ernest W.
Brannon, Mayor, Matanuska-Susitna Borough. "The Attorney
General's Office has opposed the fee and cost request every
step of the way. All the briefing is now complete before
the superior court and we expect a ruling soon...Just as
important,
delay will result in a waste of state funds since all the
plaintiffs are entitled to statutory interest, currently
10.5 percent, from June 25, 1992 until fees are paid."
Representative Hoffman spoke in support of Amendment 2. He
noted that the other body failed to pass HB 68. He
suggested that failure to include Amendment 2 would delay
action on the judgement.
REPRESENTATIVE ULMER referred to a conversation she had with
the Attorney General. She relayed that the Attorney General
had assured her that the State of Alaska would not have the
resources to pursue an appeal to the Southeast Conference v.
Hickel judgement by Judge Weeks.
Co-Chair Larson wondered if the addition of Amendment 2
would slow funding for the Division of Elections as
contained in HB 94.
Representative Brown felt that the issue of funding for the
Division of Elections was more controversial than the court
ordered awards.
Representative Navarre stressed that the Administration had
the opportunity to ask for a supplemental to the Division of
Elections during the 2nd Special Session of the Seventeenth
Legislature. He asserted that poor planning on the part of
the Administration should not constitute an emergency on the
part of the Legislature.
Representatives Hoffman and Grussendorf spoke in support of
Amendment 2. Representative Grussendorf felt that Amendment
2 would expedite HB 94.
REPRESENTATIVE MACKIE spoke in support of Amendment 2. He
observed that the Reapportionment Board was established
without sufficient public hearings. He pointed out that the
Reapportionment Board put communities in completely
different districts. He asserted that the "fast track"
approach taken by the Administration put communities in a
situation of having to protect themselves, whether they had
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the resources or not. He felt that had public input been
registered the lawsuits may not have been initiated.
Mr. Slotnick stated that the State of Alaska will seek a
revision on the award of interest to make clear that fees
accrued after June 25, 1992, do not incur interest before
June 25, 1992.
Co-Chair MacLean noted that the plaintiffs will receive
substantial interest on their awards.
Co-Chair Larson noted that the motion to Adopt AMENDMENT NO.
2 was still pending. Representative Martin OBJECTED to
AMENDMENT NO. 2. A roll call vote was taken on the motion.
IN FAVOR: Brown, Grussendorf, Hoffman, Navarre
OPPOSED: Foster, Hanley, Martin, Parnell, Therriault,
MacLean, Larson
The MOTION FAILED (4-7).
Co-Chair MacLean MOVED to adopt HB 94 as AMENDED.
Representative Navarre OBJECTED. A roll call vote was taken
on the motion.
IN FAVOR: Foster, Grussendorf, Hanley, Hoffman, Martin,
Parnell, Therriault, MacLean, Larson
OPPOSED: Brown, Navarre
The MOTION PASSED (9-2).
CSHB 94 (FIN) was reported out of Committee with a "do pass"
recommendation.
Representative Brown reminded members that Legislators are
required to conform with the Open Meetings Act.
ADJOURNMENT
The meeting adjourned at 2:47 p.m.
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