Legislature(1997 - 1998)

02/25/1997 07:00 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                         MARCH 25, 1997                                        
                            7:00 P.M.                                          
                                                                               
  TAPE HFC 97 - 78, Side 1, #000 - end.                                        
  TAPE HFC 97 - 78, Side 2, #000 - end.                                        
  TAPE HFC 97 - 79, Side 1, #000 - end.                                        
  TAPE HFC 97 - 79, Side 2, #000 - end.                                        
  TAPE HFC 97 - 80, Side 1, #000 - #080.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair  Mark  Hanley called  the  House Finance  Committee                 
  meeting to order at 7:00 P.M.                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Kelly                           
  Co-Chair Therriault           Representative Kohring                         
  Representative Davies         Representative Martin                          
  Representative Davis          Representative Moses                           
  Representative Foster         Representative Grussendorf                     
                                                                               
  Representative Mulder was not present for the meeting.                       
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative  Kim  Elton; Representative  Ethan Berkowitz;                 
  Annalee McConnell,  Director, Office of Management & Budget,                 
  Office  of  the  Governor;  Susan  Taylor,  Fiscal  Analyst,                 
  Legislative   Finance   Division;   Peter  Ecklund,   Staff,                 
  Representative   Bill   Williams;   Larry  LaBolle,   Staff,                 
  Representative  Richard  Foster;  Nancy   Slagle,  Director,                 
  Division   of   Administrative   Services,   Department   of                 
  Transportation and Public Facilities; Mike Greany, Director,                 
  Division  of  Legislative  Finance; Fred  Fisher,  Director,                 
  Division  of  Administrative  Services,  Department of  Law;                 
  Barbara Ritchie,  Deputy Attorney  General, Civil  Division,                 
  Department of  Law; Dean Guaneli,  Chief Assistant  Attorney                 
  General,   Legal   Services   Section,   Criminal   Section,                 
  Department  of  Law; Sharon  Barton,  Director, Division  of                 
  Administrative Services, Department  of Administration;  Jay                 
  Delany, Director,  Division of Motor Vehicles, Department of                 
  Administration;   Karen   Rehfeld,  Director,   Division  of                 
  Administrative Services, Department  of Education;  Virginia                 
  Stonkus, Fiscal Analyst, Legislative Finance Division.                       
                                                                               
  SUMMARY                                                                      
                                                                               
  HB 75     An Act making appropriations for the operating and                 
            loan  program expenses  of  state government,  for                 
            certain  programs,  and to  capitalize  funds; and                 
                                                                               
                                1                                              
                                                                               
                                                                               
            providing for an effective date.                                   
                                                                               
            HB   75  was   HELD  in   Committee  for   further                 
            consideration.                                                     
                                                                               
  HB 76     An  Act making  appropriations  for the  operating                 
            expenses of the  state's integrated  comprehensive                 
            mental  health  program;  and  providing  for   an                 
            effective date.                                                    
                                                                               
            HB   76  was   HELD   in  Committee   for  further                 
            consideration.                                                     
                                                                               
  AMENDMENTS:                                                                  
                                                                               
       DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES                        
       DEPARTMENT OF LAW                                                       
       DEPARTMENT OF ADMINISTRATION                                            
       DEPARTMENT OF EDUCATION                                                 
  HOUSE BILL 75                                                                
                                                                               
       "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."                                                        
                                                                               
  HOUSE BILL 76                                                                
                                                                               
       "An  Act  making   appropriations  for  the   operating                 
       expenses of the state's integrated comprehensive mental                 
       health program; and providing for an effective date."                   
                                                                               
  DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES                           
                                                                               
  Representative Foster  MOVED to  adopt TRANS-#1.   [Copy  on                 
  file].    Representative Foster  noted  that he  offered the                 
  amendment on behalf of Representative Williams.                              
                                                                               
  PETER   ECKLUND,   STAFF,   REPRESENTATIVE  BILL   WILLIAMS,                 
  explained  that  the amendment  would restore  $200 thousand                 
  dollars of the funding removed  by the unallocated reduction                 
  to  the  Alaska  Marine  Highway  System and  $200  thousand                 
  dollars  to  restore  expenditure authority  in  the  Marine                 
  Management  BRU  from  the  personal  service  funding   for                 
  management level positions.                                                  
                                                                               
  Co-Chair  Therriault  spoke  to  the  $200  thousand  dollar                 
  reduction.     Mr.  Ecklund   pointed  out   that  the   two                 
  appropriations would  have  the same  money,  although,  the                 
  front  section  would need  to be  amended.   The additional                 
                                                                               
                                2                                              
                                                                               
                                                                               
  amount  would be  $200  thousand  dollars.    Representative                 
  Foster  noted  that  an  unallocated  cut  had  been  evenly                 
  distributed throughout the Marine Highway component.                         
                                                                               
  LARRY LABOLLE,  STAFF, REPRESENTATIVE RICHARD  FOSTER, spoke                 
  to the percent  cut in each allocation.   The subcommittee's                 
  intent  was  to "hold  harmless" maintenance  and scheduling                 
  operations.  The cut percentage was rationed out  of general                 
  funds after the  other funds were backed out,  leaving $28.6                 
  million  general  fund dollars  and  $12 million  dollars to                 
  statewide services.   He  reiterated that  the cut  had been                 
  proportioned within the components.                                          
                                                                               
  NANCY SLAGLE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,                 
  DEPARTMENT OF  TRANSPORTATION AND PUBLIC  FACILITIES, agreed                 
  with the intent  of the  subcommittee's action.   She  noted                 
  that the  Department's Commissioner's  office is  moderately                 
  sized  for a statewide budget distribution of a $340 million                 
  dollar operating and a $220 million dollar capital.                          
                                                                               
  Mr.  Ecklund  advised that  it  was  Representative Williams                 
  intent that the  Commissioner's office reduce some  staff in                 
  upper-management, although, the regional  director positions                 
  would not be affected.                                                       
                                                                               
  Representative  J.  Davies  questioned   the  need  for  two                 
  appropriations.  Ms. Slagle advised  that the Marine Highway                 
  Stabilization  Fund  was comprised  of two  different areas,                 
  with $40 million dollars in receipts from the Marine Highway                 
  System and a $28 million  dollar appropriation to the  front                 
  section of the bill.                                                         
                                                                               
  Mr. Ecklund commented  that the  funding would restore  $200                 
  thousand  dollars  back  to  the  operations of  the  Marine                 
  Highway System so  that service to  the public would not  be                 
  reduced.                                                                     
                                                                               
  In response to Representative G.  Davis' comment, Ms. Slagle                 
  explained that the DOT&PF Administration office consists  of                 
  funding by two appropriations.  One from the Marine  Highway                 
  System  and one  is from  the remainder of  the Department's                 
  funding allocation.   The Commissioner's  office resides  in                 
  that appropriation giving the Department some flexibility in                 
  transferring  money.  She reiterated that  it was the intent                 
  of  the  subcommittee  to keep  operations  and  maintenance                 
  "harmless" from reduction.   Ms. Slagle pointed out that the                 
  Department  is   currently  in  the  process   of  reviewing                 
  management concerns.                                                         
                                                                               
  Representative Kohring OBJECTED to passage of the amendment.                 
                                                                               
                                                                               
                                3                                              
                                                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Kelly,  G.  Davis,  Grussendorf, Foster,                 
                      Hanley, Therriault                                       
       OPPOSED:       Kohring, Martin, Moses, J. Davies                        
                                                                               
  Representative Mulder was not present for the vote.                          
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  Representative Foster  MOVED to  adopt TRANS-#2.   [Copy  on                 
  file].    Mr.  Ecklund explained  that  the  amendment would                 
  restore a portion of the funding removed from the  component                 
  by an  unallocated reduction of $140 thousand dollars to the                 
  Marine Highway System.                                                       
                                                                               
  Ms.  Slagle explained  that  this reference  had  been to  a                 
  single appropriation  made from  several BRU's.   The  total                 
  amount of the  unallocated reduction had been taken from the                 
  first available component, support services.  Even though it                 
  is indicated  in support  services, is  not necessarily  the                 
  component   from   which   it   will   be   absorbed   from.                 
  Representative Martin OBJECTED to adopting TRANS-#2.                         
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Moses, J. Davies, G. Davis, Grussendorf,                 
                      Foster, Kelly, Hanley                                    
       OPPOSED:       Kohring, Martin, Therriault                              
                                                                               
  Representative Mulder was not present for the vote.                          
                                                                               
  The MOTION PASSED (7-3).                                                     
                                                                               
  MIKE GREANY,  DIRECTOR,  DIVISION  OF  LEGISLATIVE  FINANCE,                 
  advised  that  there  were  three  components which  had  an                 
  extended  lapse date.   Ordinarily, appropriations  lapse on                 
  June  30th.    For  the  three  highway/aviation  components                 
  contained in the bill,  there is an August 30th  lapse date.                 
  He recommended that language  be included in the bill.   Co-                 
  Chair Hanley requested a written copy of the information and                 
  noted that the Committee would address it at that time.                      
                                                                               
  DEPARTMENT OF LAW                                                            
                                                                               
  Representative Grussendorf MOVED to adopt  LAW-#1.  [Copy on                 
  file].  Representative Martin OBJECTED.                                      
                                                                               
  Representative   Grussendorf   explained   that  the   three                 
  positions in the  Department for  the Criminal Division  had                 
  not  been  previously funded  and  would further  reduce the                 
  ability of that division to handle the number of cases which                 
                                                                               
                                4                                              
                                                                               
                                                                               
  come before them.  The current vacancy factor is 6.9%, while                 
  at the same time, since January, there have been forty-eight                 
  bills   introduced  which   will  increase   activities  and                 
  penalties directly affected by the reduction.                                
                                                                               
  Representative Martin responded that the positions chosen to                 
  be deleted had been vacant for the longest time and would be                 
  the mostly costly to refill.                                                 
                                                                               
  FRED FISHER, DIRECTOR, DIVISION  OF ADMINISTRATIVE SERVICES,                 
  DEPARTMENT OF LAW, explained that  the original proposal was                 
  to delete the referenced positions and add a new position in                 
  Kenai.  Since that time, the  position in Kenai was deleted.                 
                                                                               
                                                                               
  DEAN  GUANELI,  CHIEF  ASSISTANT   ATTORNEY  GENERAL,  LEGAL                 
  SERVICES  SECTION,  CRIMINAL  SECTION,  DEPARTMENT  OF  LAW,                 
  commented   that  an   attorney   and  paralegal   had  been                 
  transferred from Anchorage to the Kenai office.  He stressed                 
  that  the deletion  to  the two  positions  in the  Criminal                 
  Division was a "serious" cut to the Department and that lay-                 
  offs would result.                                                           
                                                                               
  Representative Martin  disagreed that it would  be necessary                 
  to switch an attorney from Anchorage  to Kenai.  He stressed                 
  that the position had been vacant since 1994  and therefore,                 
  was  not  needed.   Representative  J. Davies  stressed that                 
  there was a  "big" difference between eliminating  PCN's and                 
  not funding the requested positions.                                         
                                                                               
  Co-Chair Hanley pointed out that the proposed budget was  an                 
  increment over the FY97  budget.  Mr. Fisher noted  that the                 
  increase would cover salary increases.  Also included was an                 
  increment to  the Department  of Fish  and Game  prosecuting                 
  attorney from Fish and Game funds.  Co-Chair Hanley inquired                 
  if it  had  been the  subcommittee's  intent to  reduce  the                 
  number  of attorneys.   Representative Martin responded that                 
  if the positions  were vacant,  that was the  subcommittee's                 
  intent.                                                                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Moses, J. Davies, Grussendorf                            
       OPPOSED:       Martin,   G.   Davis,   Foster,   Kelly,                 
                      Kohring, Hanley, Therriault                              
                                                                               
  Representative Mulder was not present for the vote.                          
                                                                               
  The MOTION FAILED (3-7).                                                     
                                                                               
  Representative Grussendorf revised LAW-#2 by deleting $164.6                 
  GF and inserting $139.6 GF  and $25.0 inter-agency receipts.                 
                                                                               
                                5                                              
                                                                               
                                                                               
  [Copy on  file]. Representative  Grussendorf MOVED to  adopt                 
  LAW-#2.  He  added that the  Department of Law's budget  was                 
  reduced by $2,381.9 thousand general  funds dollars and that                 
  the  Department's cap  was  $1,500.0 thousand  general  fund                 
  dollars; he stressed that no decrement should be taken.                      
                                                                               
  (Tape Change HFC 97-78, Side 2).                                             
                                                                               
  Representative  Martin acknowledged  that  he would  support                 
  some funding.    Mr.  Fisher noted  that  funding  would  be                 
  appropriately indicated as interagency receipts since it was                 
  coming to  the  Department of  Law  from the  Department  of                 
  Natural Resources (DNR)  rather than from the  Mental Health                 
  Trust authority.   Co-Chair Hanley questioned how  the money                 
  would move  to DNR.   Mr.  Fisher explained  that the  Trust                 
  Authority had budgeted $25 thousand dollars for professional                 
  services.                                                                    
                                                                               
  There  being NO  OBJECTIONS to  the revised  LAW-#2,  it was                 
  adopted.                                                                     
                                                                               
  Representative Grussendorf MOVED to adopt  LAW-#3.  [Copy on                 
  file].    Co-Chair  Hanley  OBJECTED   for  the  purpose  of                 
  discussion.                                                                  
                                                                               
  Representative  Grussendorf  explained  that  the  amendment                 
  would  provide  $500 thousand  general  fund dollars  to the                 
  Department for covering expenses of  oil and gas litigation.                 
  He pointed out that  component had been cut by  20% percent,                 
  while  at  the same  time, the  State  is owed  $1.4 billion                 
  dollars.                                                                     
                                                                               
  Representative Martin  argued that the money  was encumbered                 
  and  that  the  Department  would  have the  opportunity  to                 
  present cases  to the Legislature  as they arise.   Co-Chair                 
  Therriault stressed that  the Department should not  be left                 
  with  the understanding that they  can come back and request                 
  supplemental funding.                                                        
                                                                               
  Representative Grussendorf WITHDREW LAW-#3.   There being NO                 
  OBJECTION,  it  was withdrawn.    He reiterated  his primary                 
  concern was stipulated in LAW-#1.                                            
                                                                               
  DEPARTMENT OF ADMINISTRATION                                                 
                                                                               
  Representative G. Davis WITHDREW ADMIN-#1.   [Copy on file].                 
  There being NO OBJECTION, it was WITHDRAWN.                                  
                                                                               
  Representative Grussendorf MOVED  to adopt ADMIN-#2.   [Copy                 
  on  file].   Co-Chair  Hanley OBJECTED  for  the purpose  of                 
  discussion.                                                                  
                                                                               
                                                                               
                                6                                              
                                                                               
                                                                               
  Representative Grussendorf  spoke to  the need  for the  $50                 
  thousand  dollar  allocation to  cover  costs incurred  by a                 
  pilot  program  established  by  the  previous  Legislature.                 
  Representative  G.   Davis  reported   that  the   project's                 
  completion date would be June 30, 1997, and that the request                 
  would not provide a reduction in savings.                                    
                                                                               
  SHARON   BARTON,   DIRECTOR,   DIVISION  OF   ADMINISTRATIVE                 
  SERVICES,    DEPARTMENT    OF    ADMINISTRATION,   corrected                 
  Representative  Davis   pointing  out   that  the   proposed                 
  reduction with  the additional reduction  to Labor Relations                 
  would be "harmful"  to the re-engineering process.   Because                 
  of  reductions  throughout   the  years,  the   Division  of                 
  Personnel   has  delegated   everything   possible  to   the                 
  individual departments.  She stressed  that there is not $50                 
  thousand dollars in the budget which  can be reduced without                 
  affecting the re-engineering projects.                                       
                                                                               
  Representative  G.  Davis agreed  that  re-engineering would                 
  benefit everyone in  the long  run and noted  that he  would                 
  support  it  if  the  Department  believed  it  was  a  "top                 
  priority".  He admitted that  he had initially misunderstood                 
  that there would  be savings  projected from the  cut.   Co-                 
  Chair Therriault questioned  where the cut could  be shifted                 
  too.  Representative G. Davis pointed out that it could be a                 
  $100 thousand dollar Finance Division cut.                                   
                                                                               
  Ms. Barton spoke to effects of the projected budget cuts and                 
  the affect they  will have on labor  negotiations during the                 
  following  year.  The  Department needs at  least six months                 
  for negotiation preparation time.  The team is now  focusing                 
  on "cleaning up"  the "grievance backlog".   The negotiators                 
  organize through  the Labor  Relations unit  which has  been                 
  merged into the Division of Personnel.                                       
                                                                               
  Co-Chair Therriault asked if the  reduction to leasing would                 
  be realized this year or would the Legislature be faced with                 
  an additional supplemental request.  Ms. Barton acknowledged                 
  that  the   leasing  budget   would  probably   be  in   the                 
  supplemental request next year.   The Governor has allocated                 
  money for leasing in his spending plan.  Co-Chair Hanley was                 
  critical that the Governor had not requested enough to fully                 
  fund leasing.  Ms. Barton agreed that the Governor's leasing                 
  budget was less than the projected costs by approximately $1                 
  million dollars.                                                             
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Moses, J. Davies, G. Davis, Grussendorf,                 
                      Kelly                                                    
       OPPOSED:       Foster,  Kohring,   Martin,  Therriault,                 
  Hanley                                                                       
                                                                               
                                7                                              
                                                                               
                                                                               
  Representative Mulder was not present for the vote.                          
                                                                               
  The MOTION FAILED (5-5).                                                     
                                                                               
  Representative Grussendorf MOVED  to adopt ADMIN-#3.   [Copy                 
  on file].  Representative G. Davis OBJECTED.                                 
                                                                               
  Representative  Grussendorf  explained  that  the  amendment                 
  would place $100  thousand dollars back into the Division of                 
  Motor Vehicles (DMV) field service offices.   Representative                 
  G. Davis  agreed  that the  funds  had been  transferred  to                 
  achieve savings and  to streamline the  Division, specifying                 
  that  the component  had been  given a $100  thousand dollar                 
  unallocated reduction.                                                       
                                                                               
  Co-Chair  Hanley asked if the allocated  amount was the same                 
  as the amount in last year's  budget.  Ms. Barton understood                 
  that there were no  increments in the budget except  for the                 
  salary and health insurance increase.                                        
                                                                               
  SUSAN TAYLOR, FISCAL ANALYSTS, LEGISLATIVE FINANCE DIVISION,                 
  pointed out that the Division of Motor Vehicles BRU had some                 
  administration costs  which had  been transferred  over from                 
  the Department of Public  Safety (DPS) to the  Department of                 
  Administration (DOA).                                                        
                                                                               
  JAY  DELANY,  DIRECTOR, DIVISION  OF  MOTOR  VEHICLES (DMV),                 
  DEPARTMENT OF ADMINISTRATION, responded to Co-Chair Hanley's                 
  question  regarding   the  efficiencies  in   motor  vehicle                 
  registrations and  noted that  any savings  to the  Division                 
  would   not   be  realized   until   the  middle   of  FY98.                 
  Representative  J.  Davies   emphasized  that  the  proposal                 
  initially promised more  efficiency in "reducing"  the lines                 
  at the DMV.                                                                  
                                                                               
  (Tape Change HFC 97-79, Side 1).                                             
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      J. Davies, Grussendorf, Moses                            
       OPPOSED:       G.   Davis,   Foster,   Kelly,  Kohring,                 
  Martin,                  Moses, Hanley, Therriault                           
                                                                               
  Representative Mulder was not present for the vote.                          
                                                                               
  The MOTION FAILED (3-7).                                                     
                                                                               
  Representative Grussendorf MOVED  to adopt ADMIN-#4.   [Copy                 
  on file].  Representative G. Davis OBJECTED.                                 
                                                                               
  Representative  Grussendorf  explained  that  the  amendment                 
                                                                               
                                8                                              
                                                                               
                                                                               
  would  add  $50  thousand  dollars  to the  labor  relations                 
  component.  Representative  G. Davis pointed out  that there                 
  are  no major labor  negotiations occurring this  year.  The                 
  effort of the  employees within this  component would be  to                 
  reduce  grievances  and  claims.    There is  an  additional                 
  component geared toward  the required management supervisory                 
  training.  He suggested  that the amount to be  absorbed was                 
  modest and could be incorporated.                                            
                                                                               
  Representative J. Davies asked if  it was the subcommittee's                 
  intent to further  fund the component  at a later date  when                 
  more labor  contracts  need to  be  addressed.   Ms.  Barton                 
  clarified that the  requested $50 thousand dollars  had been                 
  earmarked for the supervisory bargaining  unit agreement for                 
  management training  and was  not funding  which could  flow                 
  into the labor relations component.                                          
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Grussendorf, Moses, J. Davies                            
       OPPOSED:       G.   Davis,   Foster,   Kelly,  Kohring,                 
                      Martin, Therriault, Hanley                               
                                                                               
  Representative Mulder was not present for the vote.                          
                                                                               
  The MOTION FAILED (3-7).                                                     
                                                                               
  Representative Grussendorf MOVED  to adopt ADMIN-#5.   [Copy                 
  on file].  Representative G. Davis OBJECTED.                                 
                                                                               
  Representative  Grussendorf  explained  that  the  amendment                 
  would  add $50  thousand  dollars to  protection,  community                 
  services  and   the  administration  component   for  senior                 
  services.  The allocation would  provide funding for license                 
  review of elderly home conditions.                                           
                                                                               
  Representative G. Davis directed attention  to the fact that                 
  this component  had been moved  over from the  Department of                 
  Health  and Social Services  (DHSS).  He  suggested that the                 
  amount  could  be  absorbed  through  greater  efficiencies.                 
  Representative Kohring spoke in favor of the amendment which                 
  supports senior citizens.                                                    
                                                                               
  Ms. Barton stressed that  the cut would have a  $50 thousand                 
  dollar effect  on services  to seniors  particularly to  the                 
  assisted  living licensing  review  and the  general  relief                 
  supplements for adult foster care.  That component has never                 
  been fully funded,  and that currently, there  is tremendous                 
  amount of growth in those areas.                                             
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
                                                                               
                                9                                              
                                                                               
                                                                               
       IN FAVOR:      Grussendorf, Kohring, Moses, J. Davies                   
       OPPOSED:       Foster, Kelly, Martin, G. Davis, Hanley,                 
                      Therriault                                               
                                                                               
  Representative Mulder was not present for the vote.                          
                                                                               
  The MOTION FAILED (4-6).                                                     
                                                                               
  Representative  J. Davies MOVED to adopt ADMIN-#6.  [Copy on                 
  file].  Representative G. Davis OBJECTED.                                    
                                                                               
  Representative J. Davies explained  that the amendment would                 
  bring the Office  of Public  Advocacy (OPA) up  to the  FY98                 
  level (FY98 authorized  including House level of  funding in                 
  supplemental).  At  the subcommittee  level, OPA was  funded                 
  below FY97 authorized plus the supplemental requested.                       
                                                                               
  He clarified OPA's primary areas of responsibility:                          
                                                                               
       *    Provides guardian ad litem  representation to                      
            abused and neglected children;                                     
       *    Assigned whenever the  Public Defender has  a                      
            conflict of interest in a case; and                                
       *    Public  guardian  section  (acts as  guardian                      
            and/or  conservator  for citizens  who suffer                      
            from one  of more  disabilities and  whom the                      
            court  has decided are unable to manage their                      
            own affairs).                                                      
                                                                               
  Co-Chair  Hanley  questioned  why  the  Governor's  proposed                 
  budget did not  fully fund OPA.   Ms. Barton responded  that                 
  the  Governor's  recommendation  did  not  fund OPA  to  the                 
  projected  costs  for  FY98  because  their Office  did  not                 
  realize  the  anticipated  growth in  that  area.   Co-Chair                 
  Hanley cited  that it was  not the  Legislature's intent  to                 
  fund  any  more than  that requested  by  the Governor.   He                 
  summarized  that  additional  money  would  not be  provided                 
  through next year's supplemental.                                            
                                                                               
  ANNALEE  MCCONNELL,  DIRECTOR,  OFFICE   OF  MANAGEMENT  AND                 
  BUDGET,  OFFICE  OF  THE  GOVERNOR,  acknowledged  that  the                 
  Administration has been  trying to avoid the  "supplemental"                 
  practice,  particularly  in the  areas  of OPA,  leasing and                 
  Public Defender  (PD).  She  agreed that the  funding should                 
  have been  addressed through  the operating  budget and  not                 
  through the  supplemental.  Discussion  followed regarding a                 
  memo distributed by the Legislature to the Governor's Office                 
  regarding budgetary requests and supplemental funding.                       
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Grussendorf, Moses, J. Davies                            
                                                                               
                               10                                              
                                                                               
                                                                               
       OPPOSED:       Kelly,   Kohring,   Martin,   G.  Davis,                 
                      Foster, Therriault, Hanley                               
                                                                               
  Representative Mulder was not present for the vote.                          
                                                                               
  The MOTION FAILED (3-7).                                                     
                                                                               
  DEPARTMENT OF EDUCATION                                                      
                                                                               
  Representative Kelly MOVED to adopt  ED-#1 which would grant                 
  authority to accept federal funds for "foodstuffs" available                 
  to children.  [Copy on file].  There being NO OBJECTION, ED-                 
                                                                               
  Representative  Kelly  MOVED  to  adopt  ED-#2  which  would                 
  provide carryover due to the federal holdup of funds.  [Copy                 
  on file].  There being NO OBJECTION, ED-#2 was adopted.                      
                                                                               
  Representative Kelly MOVED  to adopt ED-#3.  [Copy on file].                 
  There being NO OBJECTION, ED-#3 was adopted.                                 
                                                                               
  Representative Kelly WITHDREW ED-#4.  [Copy on file].  There                 
  being NO OBJECTION, ED-#4 was WITHDRAWN.                                     
                                                                               
  Representative  Kelly  MOVED  to  adopt  ED-#5  which  would                 
  correct an oversight error in  the original budget document.                 
  [Copy  on  file].   He  noted  that  no new  funds  would be                 
  involved.  There being NO OBJECTION, it was adopted.                         
                                                                               
  Representative Kelly MOVED to adopt  ED-#6 which would adopt                 
  program  receipt authority  for  the  Alaska State  museums,                 
  deleting general funds and replacing it with that authority.                 
  [Copy on file].  There being NO OBJECTION, it was adopted.                   
                                                                               
  Representative Kelly WITHDREW ED-#7.  [Copy on file].  There                 
  being NO OBJECTION, the amendment was WITHDRAWN.                             
                                                                               
  Representative Kelly WITHDREW ED-#8.  [Copy on file].  There                 
  being NO OBJECTION, ED-#8 was WITHDRAWN.                                     
                                                                               
  Co-Chair  Hanley  revised  ED-#9,  changing  $270   thousand                 
  general fund  dollars to $135  general fund dollars  each to                 
  Vocational Rehabilitation and AVTEC.  [Copy  on file].  That                 
  action would reduce  the Alaska State Archives  component to                 
  $80  thousand  dollars,  the  Governor's  requested  amount.                 
  Representative J.  Davies questioned if  that funding  would                 
  allow the second archives position to be maintained.                         
  KAREN   REHFELD,   DIRECTOR,   DIVISION  OF   ADMINISTRATIVE                 
  SERVICES, DEPARTMENT OF  EDUCATION, explained  that the  cut                 
  would provide for only a part-time position.  The Department                 
  will  be loosing Capital  Improvement Project (CIP) receipts                 
  at the  end of this fiscal year.   The archives component is                 
                                                                               
                               11                                              
                                                                               
                                                                               
  budgeted at maximum vacancy  and would not be able  to fully                 
  fund a full time position.                                                   
                                                                               
  Co-Chair  Hanley  offered  an  additional  revision  to  the                 
  amendment,  reducing  by  $10   thousand  dollars  each  the                 
  VocRehab and AVTEC  add-backs and reducing the  Alaska State                 
  Archives by $80 thousand dollars.   Co-Chair Hanley MOVED to                 
  adopt the amended ED-#9.   There being NO OBJECTION,  it was                 
  adopted.                                                                     
                                                                               
  Representative J. Davies  WITHDREW ED-#10.  [Copy  on file].                 
  There being NO OBJECTION, it was WITHDRAWN.                                  
                                                                               
  Representative J.  Davies MOVED to  adopt ED-#11.   [Copy on                 
  file].  Representative Kelly OBJECTED.                                       
                                                                               
  REPRESENTATIVE KIM ELTON explained  that the amendment would                 
  restore the 67%  funding which had  been cut from the  State                 
  Board  of  Education,  including the  one  support  position                 
  assigned to the  board.  Representative Kelly  proposed that                 
  the  board  needed  to  be more  independent.    Ms. Rehfeld                 
  explained that  the position  cut was  an existing  position                 
  which had  been reassigned in  the FY98 budget;  that person                 
  had been transferred in to  the State Board budget position.                 
  It is funded entirely to charge-back funds in the Department                 
  of  Education.  The reduction will  eliminate all the inter-                 
  agency receipts, the  position and the general  fund support                 
  for the State Board.                                                         
                                                                               
  Representative Kelly  noted that  he would  support a  $49.1                 
  thousand  dollar personal  services line item.   He  did not                 
  support the travel component.  Representative Kelly MOVED to                 
  amend  ED-#11,  deleting  the general  fund  $40.2  thousand                 
  dollars and leaving  the interagency receipts.   Ms. Rehfeld                 
  understood  that the intent of the  amendment was to restore                 
  the  $49.1   thousand  dollars  in  personal  services  from                 
  interagency receipts.                                                        
                                                                               
  There being NO OBJECTION, the amended ED-#11 was adopted.                    
                                                                               
  Representative  Kelly provided a conceptual amendment to ED-                 
  designated program  receipts line to $312.7 thousand dollars                 
  for projects funded by corporate receipts.                                   
                                                                               
  (Tape Change HFC 97-79, Side 2).                                             
                                                                               
  There being NO OBJECTION, ED-#9(a) was adopted.                              
                                                                               
  Representative J.  Davies MOVED to  adopt ED-#13.   [Copy on                 
  file].  Representative Kelly OBJECTED.                                       
                                                                               
                                                                               
                               12                                              
                                                                               
                                                                               
  Representative Elton noted that ED=#13 would restore general                 
  funding which would:                                                         
                                                                               
       *    Protect  the  receipt  of   over  $4  million                      
            dollars  in  federal  funds   for  vocational                      
            education;                                                         
       *    Maintain the statewide testing program; and                        
       *    Maintain  the Youth  and  Justice program  to                      
            increase parental  involvement as a  means of                      
            addressing at- risk youth.                                         
                                                                               
  Representative  Kelly  noted  that these  funds  are  not in                 
  danger  as  alluded by  Representative  Elton.   Ms. Rehfeld                 
  noted  that  the component  contained $713  thousand general                 
  fund dollars; the $184 thousand  dollars was a match amount.                 
  The cut would be significant to the general fund support for                 
  the testing program.  A reduction  of the proposed size will                 
  limit the  Department's ability  to have  a quality  testing                 
  program and will substantially jeopardize the federal match.                 
  There are few personnel associated in the State general fund                 
  dollars  that  support the  activities  of the  teaching and                 
  learning  support   for  the   quality  schools   component.                 
  Representative J.  Davies voiced a conflict in that his wife                 
  is a public school teacher.                                                  
                                                                               
  Representative Kelly  argued that this  is a  large BRU  and                 
  that  the  Commissioner  has  the  authority to  move  money                 
  around.  He  did not agree that the funds  were in jeopardy,                 
  stressing that cuts must be made to achieve the cap.                         
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      J. Davies, Grussendorf                                   
       OPPOSED:       Kelly,   Kohring,   Martin,   G.  Davis,                 
                      Foster, Hanley, Therriault                               
                                                                               
  Representative  Mulder  and  Representative  Moses were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION FAILED (2-7).                                                     
                                                                               
  Representative J.  Davies MOVED to  adopt ED-#14.   [Copy on                 
  file].  Representative Kelly OBJECTED.                                       
                                                                               
  Representative  Elton  explained  that the  amendment  would                 
  restore general funds in order to:                                           
                                                                               
       *    Prevent a  guaranteed loss of  $668.0 federal                      
            funds for Adult Basic Education (ABE); and                         
       *    Prevent  a  potential  loss  of  $8   million                      
            federal  funds  for  Special Education  as  a                      
            result of not meeting  federal maintenance of                      
                                                                               
                               13                                              
                                                                               
                                                                               
            effort requirements.                                               
                                                                               
  Representative Kelly noted that there had been  an effort to                 
  combine the BRU's  in the Department.   The rational was  to                 
  address those items which were not directly student related.                 
  Representative  J.  Davies pointed  out  that $600  thousand                 
  dollars would be impacted  the Adult Basic Ed  component and                 
  would be  a substantial impact  to students as  that service                 
  provides 30% of all high school diplomas given in the State.                 
                                                                               
                                                                               
  Ms. Rehfeld noted that with a  reduction to the general fund                 
  support, the Department will loose the federal ABE funds  in                 
  FY99.  In the component there  is only $200 thousand dollars                 
  in general funds.  Representative Grussendorf voiced support                 
  of  the  General  Education  Diploma  (GED)  and  the  small                 
  investment required of  the State for the  continued receipt                 
  of federal funding.                                                          
                                                                               
  Ms. Rehfeld explained that  there has been no change  in the                 
  general fund support  for either  the Adult Basic  Education                 
  program  or the  amount  of  general  fund for  the  Special                 
  Education staff.  The Department transferred components into                 
  the Special and Supplemental Services component in total.                    
                                                                               
  Representative  J.   Davies  added  that  the   Adult  Basic                 
  Education program was one of the most cost effective program                 
  the State has,  compared to K-12  support.  The Adult  Basic                 
  Education program targets  students in  the age group  18-24                 
  years old.  Ms. Rehfeld spoke  to the federal requirement of                 
  a maintenance of  effort.   At risk would  be $668  thousand                 
  federal fund dollars  in FY99  if the State  should fail  to                 
  meet the maintenance  of effort.  She  continued, $8 million                 
  dollars   federal   special  education   funding   could  be                 
  jeopardized  because   of  supplanting   issues.     Special                 
  Education  funds are made  available to the  State of Alaska                 
  based  upon  the number  of  children  being  served.    The                 
  Department   through   the   State's    Foundation   Formula                 
  distributes  close  to  $100  million  dollars  for  Special                 
  Education.  There are general funds which help support those                 
  staff persons.                                                               
                                                                               
  Representative  Foster  stressed  the   need  for  continued                 
  support for GED funding  in Bush Alaska.  He  voiced support                 
  for the amendment.                                                           
                                                                               
  Representative Kelly  MOVED to AMEND ED-#14,  restoring $100                 
  thousand dollars.  Ms. Rehfeld  explained that the Committee                 
  had not  reduced the grant amount.   The reductions occurred                 
  to line items where there are  no general fund dollars.  The                 
  remaining reduction  of  $260.8 thousand  dollars  would  be                 
  removed  from   the  personal   service  components.     The                 
                                                                               
                               14                                              
                                                                               
                                                                               
  Department can not accommodate the cuts.                                     
                                                                               
  Representative Kelly  MOVED to revise ED-#14,  restoring the                 
  contractual line to $150.0 thousand dollars.  There being NO                 
  OBJECTION, it  was amended. There being NO OBJECTIONS to the                 
  amended ED-#14, it was adopted.                                              
                                                                               
  Representative J.  Davies MOVED to  adopt ED-#15.   [Copy on                 
  file].  Representative Kelly OBJECTED.                                       
                                                                               
  Representative Elton  commented  that  the  amendment  would                 
  restore funding  for the one position  currently responsible                 
  for teacher certification.                                                   
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Kohring, J. Davies, Grussendorf, Foster                  
       OPPOSED:       Martin,  G.  Davis,  Kelly,  Therriault,                 
                      Hanley                                                   
                                                                               
  Representatives Mulder and  Moses were  not present for  the                 
  vote.                                                                        
                                                                               
  The MOTION FAILED (4-5).                                                     
                                                                               
  Representative J. Davies revised  ED-#16, changing the total                 
  amount  to  $254   thousand  dollars.     [Copy  on   file].                 
  Representative   J.   Davies  MOVED   the   revised  ED-#16.                 
  Representative Kelly OBJECTED.                                               
                                                                               
  Representative  Elton  explained  that  the amendment  would                 
  restore general funds in order to:                                           
                                                                               
       *    Prevent a guaranteed loss  of $379.4 thousand                      
            dollars in federal  funds for  a net loss  of                      
            $758.8 thousand dollars, eliminating services                      
            to 1000 disabled Alaskans.                                         
                                                                               
  Representative Kelly stated that the amendment would provide                 
  an increase over FY97 proposed budget.   He pointed out that                 
  there are  many programs  which need  funding.   He did  not                 
  support funding the proposed program.                                        
                                                                               
  Ms.  Rehfeld  advised that  the  Department had  included an                 
  increase  in federal  authorization  based on  carry-forward                 
  authorization,  which  had  been  requested  in  this  years                 
  supplemental  bill.   There is  an increase  on the  federal                 
  level budget for the Rehab Program.                                          
                                                                               
  (Tape Change HFC 97-80, Side 1).                                             
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
                               15                                              
                                                                               
                                                                               
       IN FAVOR:      J. Davies, Grussendorf                                   
       OPPOSED:       Martin,   G.   Davis,   Foster,   Kelly,                 
                      Kohring, Hanley, Therriault                              
                                                                               
  Representatives Moses and  Mulder were  not present for  the                 
  vote.                                                                        
                                                                               
  The MOTION FAILED (2-7).                                                     
                                                                               
  HB  75  and  HB  76  were  HELD  in  Committee  for  further                 
  consideration.  #                                                            
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 10:30 P.M.                                          
                                                                               
                                                                               
                               16                                              

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