Legislature(1997 - 1998)

04/18/1998 10:35 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE FINANCE COMMITTEE                                             
              APRIL 18, 1998                                                   
                 10:35 A.M.                                                    
                                                                               
TAPE HFC 98 - 115, Side 1                                                      
TAPE HFC 98 - 115, Side 2                                                      
TAPE HFC 98 - 116, Side 1                                                      
                                                                               
CALL TO ORDER                                                                  
                                                                               
Co-Chair Co-Chair Hanley called the House Finance Committee                    
meeting to order at 10:35 a.m.                                                 
                                                                               
PRESENT                                                                        
                                                                               
Co-Chair Hanley    Representative Kelly                                        
Co-Chair Therriault   Representative Kohring                                   
Representative Davies  Representative Martin                                   
Representative Davis   Representative Moses                                    
Representative Foster  Representative Mulder                                   
Representative Grussendorf                                                     
                                                                               
ALSO PRESENT                                                                   
                                                                               
Dan Spencer, Chief Budget Analyst, Office of Management and                    
Budget, Office of the Governor; Annalee McConnell, Director,                   
Office of Management and Budget, Office of the Governor;                       
Kyle Johansen, Staff, Representative Williams.                                 
                                                                               
SUMMARY                                                                        
                                                                               
HB 325 An Act making appropriations for the operating                          
and loan program expenses of state government,                                 
for certain programs, and to capitalize funds;                                 
making appropriations under art. IX, sec. 17(c),                               
Constitution of the State of Alaska, from the                                  
constitutional budget reserve fund; and providing                              
for an effective date.                                                         
                                                                               
 CSHB 325 (FIN) was REPORTED out of Committee with                             
a "do pass" recommendation.                                                    
                                                                               
HB 326 An Act making appropriations for the operating                          
and capital expenses of the state's integrated                                 
comprehensive mental health program; and                                       
providing for an effective date.                                               
                                                                               
 CSHB 326 (FIN) was REPORTED out of Committee with                             
a "do pass" recommendation.                                                    
HOUSE BILL NO. 325                                                             
                                                                               
An Act making appropriations for the operating and loan                        
program expenses of state government, for certain                              
programs, and to capitalize funds; making                                      
appropriations under art. IX, sec. 17(c), Constitution                         
of the State of Alaska, from the constitutional budget                         
reserve fund; and providing for an effective date.                             
                                                                               
HOUSE BILL NO. 326                                                             
                                                                               
An Act making appropriations for the operating and                             
capital expenses of the state's integrated                                     
comprehensive mental health program; and providing for                         
an effective date.                                                             
                                                                               
FRONT SECTION                                                                  
                                                                               
Co-Chair Hanley provided members with a proposed committee                     
substitute for HB 325 (FIN), 0-GH2038\F, dated 4/16/98 (copy                   
on file).  He reviewed the changes to the Front section.  He                   
noted that the Governor's proposal to changed "$450" to                        
"$472" million dollars in section 1 was adopted.                               
                                                                               
Section 6 of the Governor's bill was deleted.  The                             
Governor's proposal included language to clarify that the                      
appropriation would be reduced if legislation were enacted                     
to change the program to needs based.  If the legislation is                   
passed a fiscal note will accompany it to make the                             
reductions.                                                                    
                                                                               
Co-Chair Hanley noted that section 6(a) was added to clarify                   
that if there are unrestricted general funds remaining after                   
funds are reappropriated from the budget reserve fund to the                   
subfunds and accounts from which they were transferred, it                     
would not go back to the unrestricted general fund account.                    
The Governor is in agreement with the language.  Any surplus                   
funds would stay in the Constitutional Budget Reserve.                         
                                                                               
Language regarding the supplemental for Disaster Relief and                    
Fire Suppression was deleted.  Co-Chair Hanley observed that                   
the Governor has the ability to come before the Legislature                    
and request a supplemental.                                                    
                                                                               
New language was added in section 8 to specifically identify                   
the types of program receipts that are appropriated                            
conditioned on compliance with program review provisions.                      
                                                                               
The amount of section 14, Alaska Marine Highway System Fund,                   
was changed to reflect the back section.                                       
                                                                               
Changes were made to section 21 to reflect labor contracts.                    
The total dollar amounts were adjusted to reflect a lower                      
CPI amount.  Section 21(c) is a new section:                                   
                                                                               
"Funding for salary and benefits adjustments for                               
University of Alaska employees who are not members of a                        
collective bargaining unit and for the following                               
collective bargaining agreements is included in the                            
appropriations made to the University of Alaska in sec.                        
31 of this Act."                                                               
                                                                               
Co-Chair Hanley explained that the intent is that all the                      
contracts be funded from the University's full                                 
appropriation.                                                                 
                                                                               
Representative Martin referred to section 10, Four Dam Pool                    
Transfer Fund.  He expressed concern that excess money in                      
the Fund has been used for capital improvement projects.  He                   
maintained that $11 million dollars should have been                           
appropriated to the Fund.  Co-Chair Hanley observed that                       
under the statutes communities are allowed to deduct some of                   
their expenses for maintaining the infrastructure related to                   
power generating sources from the payment. Expenditures have                   
to be approved by the Alaska Industrial Development and                        
Export Authority (AIDEA).                                                      
                                                                               
Representative Grussendorf pointed out that the intent is to                   
keep the rates stable.                                                         
                                                                               
Co-Chair Therriault MOVED to ADOPT proposed committee                          
substitute for HB 325 (FIN), 0-GH2038\F, dated 4/16/98.                        
There being NO OBJECTION, it was so ordered.                                   
                                                                               
Representative Davies MOVED to ADOPT Amendment Front                           
Section-1 (copy on file).  He explained that the amendment                     
is conceptual.  It would add the appropriations for                            
University of Alaska collective bargaining agreements in                       
section 21.                                                                    
                                                                               
Co-Chair Hanley stated that he would rather move all the                       
collective bargaining adjustments from the front section to                    
the back section.  He stressed that the intent is that the                     
contracts be funded.                                                           
                                                                               
Co-Chair Hanley MOVED to ADOPT to amend Amendment Front                        
Section-1 to move contract funding to the back of the                          
operating budget.  Representative Davies spoke in support of                   
keeping the University's contract and COLA language in the                     
front section.                                                                 
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Kelly, Kohring, Martin, Mulder, Davis, Foster,                       
Hanley, Therriault                                                             
OPPOSED: Moses, Davies, Grussendorf                                            
                                                                               
There being NO OBJECTION, Amendment Front Section-1 was                        
adopted as amended.                                                            
                                                                               
Co-Chair Hanley WITHDREW Amendment Front Section-2 (copy on                    
file).                                                                         
                                                                               
Representative Grussendorf MOVED to ADOPT Amendment Front                      
Section-3 (copy on file).  Amendment Front Section-3 would                     
amend section 8, page 3, line 26 by adding "test fishery                       
receipts".  There being NO OBJECTION, it was so ordered.                       
                                                                               
Representative Grussendorf WITHDREW Amendment Front Section-                   
4 (copy on file).  Co-Chair Hanley noted that fixed costs                      
for disasters are funded in the back section of the budget.                    
                                                                               
Representative Grussendorf MOVED to ADOPT Amendment Front                      
Section-5 (copy on file).  Amendment Front Section-5 would                     
provide $6,735,460 million dollars to fund the monetary                        
terms of the collective bargaining agreements for salary and                   
benefit adjustments in the executive branch, Alaska Court                      
System, University of Alaska, and legislative branch.                          
                                                                               
DAN SPENCER, CHIEF BUDGET ANALYST, OFFICE OF MANAGEMENT AND                    
BUDGET, OFFICE OF THE GOVERNOR explained that the amendment                    
would cover confidential employees for the executive branch.                   
With the adoption of Amendment Front Section-1, Amendment                      
Front Section-5 would provide additional funding for the                       
University of Alaska.  The appropriation would be new money.                   
                                                                               
Co-Chair Hanley clarified that the goal is not to add                          
dollars.  He suggested that an amendment is needed to                          
approve collective bargaining agreements for the                               
Confidential Employees Association of the executive branch.                    
                                                                               
ANNALEE MCCONNELL, DIRECTOR, OFFICE OF MANAGEMENT AND                          
BUDGET, OFFICE OF THE GOVERNOR agreed that language is                         
needed to fund the collective bargaining agreements for the                    
Confidential Employees Association of the executive branch.                    
                                                                               
Co-Chair Hanley MOVED to amend Amendment Front Section-5 by                    
replacing it with the following language from Amendment                        
Front Section-2:                                                               
                                                                               
"Funding for collective bargaining agreements for the                          
Confidential Employees Association, representing                               
certain employees of departments of the executive                              
branch of state government, is included in the                                 
appropriations made to those departments in sec. 31 of                         
this Act."                                                                     
                                                                               
Co-Chair Hanley clarified that no new funding is being                         
appropriated to fund these contracts.  There would be an                       
unallocated reduction of $117 thousand dollars spread                          
throughout the agencies.                                                       
                                                                               
Ms. McConnell questioned if the intent is to set this union                    
apart from others.  Co-Chair Hanley clarified that the                         
intent is not to treat the union differently, but to                           
accommodate the contract within the Majority's spending                        
plan.                                                                          
                                                                               
Co-Chair Hanley clarified that the entire $627.4 thousand                      
dollars for the University of Alaska was moved to the back                     
section.  Authorization language is maintained in the front                    
section.                                                                       
                                                                               
Representative Kohring spoke against approving the                             
contracts.  Representative Foster expressed concern with                       
unallocated reductions.                                                        
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Davies, Davis, Foster, Grussendorf, Kelly, Martin,                   
Moses, Mulder, Therriault, Hanley                                              
OPPOSED: Kohring                                                               
                                                                               
The MOTION PASSED (10-1).                                                      
                                                                               
Co-Chair Hanley explained that the Governor had proposed an                    
additional $1.6 million dollars for the University of Alaska                   
and $117 thousand dollars for the Confidential Employees                       
Association.                                                                   
                                                                               
There being NO OBJECTION, Amendment Front Section-5 was                        
adopted as amended.                                                            
                                                                               
Co-Chair Hanley MOVED to ADOPT Amendment Front Section-6 on                    
behalf of Representative Williams (copy on file).  Amendment                   
Front Section-6 would add $442,860 thousand dollars for                        
additional education support in the Ketchikan School                           
District.                                                                      
                                                                               
KYLE JOHANSEN, STAFF, REPRESENTATIVE WILLIAMS spoke in                         
support of Amendment Front Section-6.  He emphasized that                      
jobs have been lost in Ketchikan due to the closure of its                     
pulp mill.  He noted that federal timber receipts have been                    
reduced. Ketchikan cannot increase its funding through the                     
foundation funding.  Ketchikan has not received any hold                       
harmless funding to make up for the drop in their school                       
population.                                                                    
                                                                               
(Tape Change, HFC 98 - 115, Side 2)                                            
                                                                               
Co-Chair Therriault reiterated that Ketchikan does not rise                    
to the 10 percent trigger for additional funding.  Mr.                         
Johansen stressed that the trigger is too high.  Co-Chair                      
Therriault emphasized that the entire foundation formula                       
would be reviewed in SB 36.                                                    
                                                                               
Representative Martin maintained that all the state's school                   
districts should be reviewed as a whole.                                       
                                                                               
Representative Grussendorf maintained that no school                           
district would ever trigger the 10 percent requirement for                     
additional funding.  He spoke in support of the amendment.                     
                                                                               
Mr. Johansen explained that Ketchikan received an additional                   
$25 million dollars from a federal settlement.  The                            
settlement requires the money be used to start new economic                    
development to replace the mill closure.  Ketchikan has lost                   
approximately 230 students in the current school year.                         
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Davies, Grussendorf, Moses                                           
OPPOSED: Davis, Foster, Kelly, Kohring, Martin, Mulder,                        
Therriault, Hanley                                                             
                                                                               
The MOTION FAILED (3-8).                                                       
                                                                               
MENTAL HEALTH                                                                  
                                                                               
Co-Chair Hanley MOVED to ADOPT Amendment Mental Health-2                       
(copy on file).  Amendment Mental Health-2 would add $530                      
thousand dollars for Mental Health Trust Land Management.                      
He explained that appropriations from the Mental Health                        
Trust were inadvertently left out.  There being NO                             
OBJECTION, it was so ordered.                                                  
                                                                               
DEPARTMENT OF HEALTH AND SOCIAL SERVICES                                       
                                                                               
Co-Chair Hanley MOVED to ADOPT Amendment HSS-2 (copy on                        
file).  Amendment HSS-2 would transfer $70 thousand dollars                    
from Medicaid Services to the Department of Fish and Game,                     
Commissioner's Office.  He observed that $100 thousand fish                    
and game fund dollars were deleted from the Commissioner's                     
office.                                                                        
                                                                               
There being NO OBJECTION, it was so ordered.                                   
                                                                               
Representative Martin MOVED to ADOPT Amendment HSS-3 (copy                     
on file).  Amendment HSS-3 explains the intent of the House                    
Finance Committee in deleting funding for the General Relief                   
Medical program (GRM).  The letter of intent states that a                     
major portion of GRM funding is used to pay for free                           
elective abortions and abortion related services.  The                         
intent also maintained that there is little or no regulatory                   
overview or accountability for the expenditures.                               
                                                                               
Representative Davies OBJECTED.  He spoke against the                          
amendment.                                                                     
                                                                               
Representative Martin spoke in support of the amendment.                       
Representative Kohring added his name as a sponsor.                            
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Foster, Kelly, Kohring, Martin, Mulder,                              
Therriault, Hanley                                                             
OPPOSED: Davies, Davis, Grussendorf, Moses                                     
                                                                               
The MOTION FAILED (4-7).                                                       
                                                                               
Representative Davies MOVED to ADOPT Amendment HSS-4 (copy                     
on file).  Amendment HSS-4, as amended by the sponsor, would                   
transfer $76 thousand dollars from Medicaid Services to                        
Confidential Employees Association Bargaining Agreements.                      
                                                                               
Representative Davies clarified that the intent is that the                    
bargaining unit is treated the same as all the other                           
bargaining units.  There being NO OBJECTION, it was so                         
ordered.                                                                       
                                                                               
Co-Chair Hanley MOVED to ADOPT Amendment HSS-5 (copy on                        
file).  Amendment HSS-5 would transfer $50 thousand dollars                    
from Medicaid Services to the COMPASS Component in the                         
Department of Health and Social Services.  There being NO                      
OBJECTION, it was so ordered.                                                  
                                                                               
Co-Chair Hanley MOVED to ADOPT the proposed committee                          
substitute for HB 326 (front section) #0-GH2040\E, dated                       
4/8/98 (copy on file).  There being NO OBJECTION, it was so                    
ordered.                                                                       
                                                                               
DEPARTMENT OF ENVIRONMENTAL CONSERVATION                                       
                                                                               
Representative Davies MOVED to ADOPT Amendment DEC-21 (copy                    
on file).  Amendment DEC-21 would restore a position in                        
Administrative Services.  Funding for the position was                         
adopted in a previous amendment.  There being NO OBJECTION,                    
it was so ordered.                                                             
                                                                               
Co-Chair Hanley MOVED to ADOPT Amendment DEC-22 (copy on                       
file).  Amendment DEC-22 corrects a technical problem in                       
Amendment DEC-3A.  It clarifies that the funding source in                     
Amendment DEC-3a is the Alaska Drinking Water Fund.  There                     
being NO OBJECTION, it was so ordered.                                         
                                                                               
DEPARTMENT OF PUBLIC SAFETY                                                    
                                                                               
Representative Davis MOVED to ADOPT Amendment PS-8 (copy on                    
file).  Amendment PS-8 would delete $50 thousand dollars                       
from the Office of Public Advocacy and $50 thousand dollars                    
from the Alaska Public Defenders Agency; and add $50                           
thousand dollars for Fish and Wildlife Service,                                
Enforcement/Investigative Services and $50 thousand dollars                    
for Department of Public Safety, Alaska State Troopers                         
Detachments.  Representative Davis spoke in support of the                     
amendment.  Representative Davies OBJECTED.                                    
                                                                               
Representative Grussendorf expressed concern with the                          
funding source.  Co-Chair Hanley spoke in support of the                       
amendment.  He noted that both offices have come in under                      
their original request during a number of years. He noted                      
that there is additional money in their budgets to fund some                   
of the Smart Start Program.                                                    
                                                                               
Representative Davies expressed support for the addition,                      
but expressed concern with the deletion.  Representative                       
Foster and Representative Davies spoke against the                             
amendment.                                                                     
                                                                               
Ms. McConnell stressed that both offices will have a                           
significant increase due to an intensified effort on child                     
abuse and neglect enforcement.   She stressed that the                         
offices have had to keep positions open in areas where there                   
is a backlog because they did not know if a supplemental                       
request would be approved.  She expressed concern with the                     
funding level and predicted that there would be a                              
significant bottleneck in the offices.  Both offices have                      
seen increased caseloads in the last three months, related                     
to child abuse and neglect.                                                    
                                                                               
Representative Davis MOVED to amend the amendment to put all                   
$100 thousand dollars into the Fish and Wildlife Services.                     
There being NO OBJECTION, it was so ordered.                                   
                                                                               
Representative Davies MOVED to amend the amendment by                          
changing the deletes to the Department of Law, Oil and Gas                     
Litigation.  He maintained that the Committee is                               
intentionally underfunding the Office of Public Advocacy and                   
Permanent Fund.  He stated that he would rather see the                        
Department of Law, Oil and Gas Litigation component                            
intentionally underfunded.                                                     
                                                                               
Co-Chair Hanley expressed frustration with the size of the                     
Smart Start program.  He maintained that the level of the                      
program was designed to fit into the level that was                            
perceived to be available.  He pointed out that the entire                     
Smart Start program has not being funded.                                      
                                                                               
Representative Grussendorf spoke in support of the amendment                   
to the amendment.                                                              
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Davies, Grussendorf, Foster, Kelly, Moses                            
OPPOSED: Mulder, Davis, Kohring, Martin, Hanley, Therriault                    
                                                                               
The MOTION FAILED (5-6).                                                       
                                                                               
A roll call vote was taken on the motion to adopt Amendment                    
PS-8 as amended by Representative Davis.                                       
                                                                               
IN FAVOR: Davis, Foster, Kelly, Kohring, Martin, Mulder,                       
Therriault, Hanley                                                             
OPPOSED: Davies, Grussendorf, Moses                                            
                                                                               
The MOTION PASSED (8-3).                                                       
                                                                               
Co-Chair Hanley suggested that the additional officers be                      
placed in areas where the representation supports them.                        
                                                                               
Representative Davies expressed concern that vacant                            
positions in the Office of Public Advocacy and Permanent                       
Fund not be held open due to a lack of funding.                                
                                                                               
Representative Mulder expressed frustrations that actions by                   
unions have not supported additional placement of officers.                    
                                                                               
DEPARTMENT OF EDUCATION                                                        
                                                                               
Representative Grussendorf MOVED to ADOPT Amendment DOE-10                     
(copy on file).  Amendment DOE-10 would add $163.5 thousand                    
dollars to the Alaska Postsecondary Education Commission for                   
the State Educational Incentive Grant Program.  He spoke in                    
support of the amendment.  Only 160 of 1,200 applicants                        
would receive grants at the current funding level.  This is                    
a federally funded program.  He expressed concern that                         
federal funding would be lost without state participation.                     
                                                                               
(Tape Change, HFC 98 -116, Side 1)                                             
                                                                               
Representative Kelly spoke against the amendment.                              
                                                                               
Representative Davies spoke in support of the amendment.  He                   
emphasized that the grants go to low income students.                          
                                                                               
Representative Kelly maintained that other grants and loans                    
are available.                                                                 
                                                                               
Co-Chair Hanley spoke against the amendment.                                   
                                                                               
Representative Grussendorf reiterated that there are 1,200                     
students applying for the grants per year.  Grants range                       
from $100 to $1,500 hundred dollars.  A $119 thousand dollar                   
state match is needed to maintain the program.                                 
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Davies, Foster, Grussendorf, Moses                                   
OPPOSED: Davis, Kelly, Kohring, Martin, Therriault, Hanley                     
                                                                               
Representative Mulder was absent from the vote.                                
                                                                               
The MOTION FAILED (4-6).                                                       
                                                                               
Representative Kohring MOVED to Rescind the Committee's                        
action in failing to adopt Amendment CRA-1 (copy on file).                     
The amendment would delete $472.5 thousand dollars in                          
federal funds for Community Development Assistance.                            
Representative Grussendorf OBJECTED.  He spoke against the                     
motion.  He pointed out that the funds are purely federal.                     
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Kelly, Kohring, Martin, Mulder, Therriault, Hanley                   
OPPOSED: Davis, Davies, Foster, Grussendorf, Moses                             
                                                                               
The MOTION PASSED (6-5).                                                       
                                                                               
Representative Kohring MOVED to amend Amendment CRA-1 by                       
reducing the deletion to $236.25 thousand dollars.  There                      
being NO OBJECTION, it was so ordered.                                         
                                                                               
Representative Kohring spoke in support of the amendment.                      
He maintained that RuralCAP has not used the money                             
appropriately.  He asserted that the money has been spent on                   
political purposes.  He referred to an arts catalog.                           
Representative Grussendorf spoke against the amendment.                        
Representative Kelly stressed that an ombudsman report                         
indicated that the catalog did not fulfill its goal to                         
provide markets.                                                               
                                                                               
Representative Martin pointed out that 80 percent of the                       
grant for artists is going to administration.                                  
                                                                               
Representative Davies spoke against the amendment.  He                         
suggested that the funding could be put to better use in the                   
future.                                                                        
                                                                               
Representative Grussendorf pointed out that the audit was                      
based on activities in 1993 and 1994.  He questioned if                        
corrective actions have been taken.                                            
                                                                               
Representative Kohring observed that an attorney                               
representing RuralCAP testified on subsistence.                                
Representative Davies questioned if the attorney was funded                    
from the money in question.                                                    
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Kelly, Kohring, Martin, Mulder, Davis, Therriault,                   
Hanley                                                                         
OPPOSED: Grussendorf, Moses, Davies, Foster                                    
                                                                               
The MOTION PASSED (7-4).                                                       
                                                                               
Representative Mulder MOVED to report CSHB 325 (FIN) and out                   
of Committee.  There being NO OBJECTION, it was so ordered.                    
                                                                               
Representative Mulder MOVED to report CSHB 326 (FIN) out of                    
Committee.  There being NO OBJECTION, it was so ordered.                       
ADJOURNMENT                                                                    
                                                                               
The meeting adjourned at 12:55 p.m.                                            
House Finance Committee 1 4/18/98 a.m.                                         

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