Legislature(2001 - 2002)

05/06/2001 07:51 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  22ND ALASKA STATE LEGISLATURE                                                                                 
                           1ST SESSION                                                                                          
                HOUSE SENATE CONFERENCE COMMITTEE                                                                               
                          HB 103/HB 104                                                                                         
                           MAY 6, 2001                                                                                          
                            7:51 P.M.                                                                                           
                                                                                                                                
TAPE CC103 01 - 8, SIDE A                                                                                                       
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Chair Mulder  called the Conference Committee meeting  to order at                                                              
7:51 p.m.                                                                                                                       
                                                                                                                                
PRESENT                                                                                                                       
                                                                                                                                
House:                                                                                                                          
Representative Eldon Mulder, Chair                                                                                              
Bill Williams, Member                                                                                                           
John Davies, Member                                                                                                             
                                                                                                                                
Senate:                                                                                                                         
Senator Dave Donley, [Vice-Chair, pending election]                                                                             
Senator Pete Kelly, Member                                                                                                      
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
David Teal, Director, Legislative  Finance Division; Janet Clarke,                                                              
Director,  Division  of  Administrative  Services,  Department  of                                                              
Health and  Social Services; Jerry Burnett,  Staff, Senator Green;                                                              
Karen Rehfeld,  Director, Division of Education  Support Services,                                                              
Department of Education and Early Development.                                                                                  
                                                                                                                                
SUMMARY                                                                                                                       
     CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld)                                                                            
     "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."                                                                                                                     
                                                                                                                                
     CS FOR HOUSE BILL NO. 104(FIN)                                                                                             
     "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."                                                                      
and                                                                                                                             
     SCS CSHB 103(FIN)(BRF SUP MAJ FLD S)                                                                                       
     "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."                                                                                                                     
                                                                                                                                
     SCS CSHB 104(FIN)(BRF SUP MAJ FLD S)                                                                                       
     "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."                                                                      
                                                                                                                                
                                                                                                                                
     HB 103 and HB 104 were HELD in Committee for further                                                                       
     consideration.                                                                                                             
                                                                                                                                
     All open items                                                                                                             
                                                                                                                                
[Meeting  tapes  and  motion  sheets  are  available  through  the                                                              
Legislative Library, 465-3808.]                                                                                                 
                                                                                                                                
Senator   Donley   MOVED  to   reopen   item   2:  Department   of                                                              
Administration, Centralized Administrative  Services, Finance (see                                                              
motion sheets).  There being NO OBJECTION, it was so ordered.                                                                   
                                                                                                                                
Senator  Donley  MOVED to  ADOPT  the  House  number for  item  2,                                                              
Department of Administration. There  being NO OBJECTION, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
Senator   Donley  MOVED   to   reopen  item   17:  Department   of                                                              
Administration, Information Technology  Group (see motion sheets).                                                              
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Senator  Donley MOVED  to  ADOPT  the House  number  for item  17,                                                              
Department of Administration. There  being NO OBJECTION, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
Senator  Donley MOVED  to  ADOPT  the House  number  for item  18,                                                              
Department of  Administration (see motion sheets).  There being NO                                                              
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Senator  Donley MOVED  to  ADOPT  the Senate  number  for item  3:                                                              
Department of  Community and Economic Development,  Safe Community                                                              
Programs (see motion sheets).                                                                                                   
                                                                                                                                
Senator Donley  MOVED to reopen  item 11: Department  of Community                                                              
and Economic  Development, Regulatory Commission of  Alaska. There                                                              
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
Senator  Donley MOVED  to ADOPT  the  Senate number  for item  11:                                                              
Department  of  Community  and Economic  Development  (see  motion                                                              
sheets).                                                                                                                        
                                                                                                                                
Senator Donley MOVED to reopen  item 6: Department of Corrections,                                                              
Investments. There being NO OBJECTION, it was so ordered.                                                                       
                                                                                                                                
Senator Donley  MOVED to ADOPT the  Senate number for item  6 plus                                                              
$90.5 thousand  dollars and replace with  PERMANENT FUND DIVIDENDS                                                              
felon funds, Department of  Corrections (see motion sheets). There                                                              
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
Senator  Donley MOVED to  reopen item  6: Department  of Education                                                              
and Early Development, Teaching  and Learning Support. There being                                                              
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
Senator  Donley  MOVED to  ADOPT  the  House  number for  item  6:                                                              
Department  of   Education  and  Early  Development   (see  motion                                                              
sheets). There being NO OBJECTION, it was so ordered.                                                                           
                                                                                                                                
Senator  Donley  MOVED  to  ADOPT  the  Senate  number  plus  $130                                                              
thousand dollars  for item 14,  Department of Education  and Early                                                              
Development  (see motion  sheets).  Representative Davies  pointed                                                              
out that  the appropriation  would be  significant below  the base                                                              
budget.  Senator  Donley  noted  that  legislation  in  the  House                                                              
contains $484.4  thousand dollars, which would bring  the total to                                                              
$612  thousand dollars,  which is  more than  is contained  in the                                                              
House  budget. Senator  Hoffman  observed that  the  funds in  the                                                              
House  are not  renewable  funds; therefore  their  base would  be                                                              
reduced in FY04. There being NO OBJECTION, it was so ordered.                                                                   
                                                                                                                                
Senator Donley  MOVED to ADOPT  the proposed  conference committee                                                              
amounts  for the  Department  of  Environmental Conservation  (see                                                              
motion sheets). There being NO OBJECTION, it was so ordered.                                                                    
                                                                                                                                
DAVID  TEAL, DIRECTOR,  LEGISLATIVE FINANCE  DIVISION pointed  out                                                              
that there are structural changes in items 8 and 10.                                                                            
                                                                                                                                
Senator Donley  MOVED to  ADOPT the House  structures for  items 8                                                              
and  10 in  the Department  of  Environmental Conservation.  There                                                              
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
Senator  Donley MOVED  to  ADOPT Senate  Intent  Language for  the                                                              
Department  of  Environmental  Conservation (see  motion  sheets).                                                              
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Senator Donley  MOVED to close  the Office of the  Governor. There                                                              
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
Senator Donley  MOVED to ADOPT  the proposed  conference committee                                                              
amounts for the  Department of Public Safety  (see motion sheets).                                                              
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Representative  Davies clarified  that  item 3  is  funded at  $50                                                              
thousand dollars from the Investment Loss Trust Fund.                                                                           
                                                                                                                                
Senator  Donley  pointed  out  that there  would  be  funding  for                                                              
additional brown and blue shirts [troopers].                                                                                    
                                                                                                                                
Senator Donley MOVED to ADOPT the  Senate number for item 1 in the                                                              
Department    of    Transportation    and    Public    Facilities,                                                              
Commissioner's Office  (see motion sheets).  Representative Davies                                                              
OBJECTED.     He  pointed   out  that  Commissioner's   Office  is                                                              
relatively small for  the size of the operation.  He stressed that                                                              
it  is  a core  function  of  administration  as required  by  the                                                              
federal Highway  Act, which must be funded  through general funds.                                                              
He maintained that contractors would be affected.                                                                               
                                                                                                                                
A roll  call vote  was taken  on  the motion  to adopt  the Senate                                                              
number for item  1 in the Department of  Transportation and Public                                                              
Facilities, Commissioner's Office.                                                                                              
                                                                                                                                
IN FAVOR: Senate: Kelly, Donley                                                                                                 
          House:  Mulder, Williams                                                                                              
OPPOSED: Senate: Hoffman                                                                                                        
          House:  Davies                                                                                                        
                                                                                                                                
The MOTION PASSED.                                                                                                              
                                                                                                                                
Senator   Donley  MOVED   to   reopen  item   13:  Department   of                                                              
Transportation  and  Public  Facilities,  Statewide  Highways  and                                                              
Aviation Maintenance  Needs. There being  NO OBJECTION, it  was so                                                              
ordered.                                                                                                                        
                                                                                                                                
Senator  Donley MOVED  to  ADOPT  the House  number  for item  13:                                                              
Department  of Transportation  and Public  Facilities (see  motion                                                              
sheets). There being NO OBJECTION, it was so ordered.                                                                           
                                                                                                                                
Senator  Donley MOVED  to ADOPT  the proposed  Senate numbers  for                                                              
item 18:  the Department of Transportation  and Public Facilities,                                                              
Marine  Highway  System.  There  being  NO OBJECTION,  it  was  so                                                              
ordered.                                                                                                                        
                                                                                                                                
Senator Donley  MOVED to ADOPT Intent Language  for the Department                                                              
of Transportation and Public Facilities item 19:                                                                                
                                                                                                                                
     It is the intent of the  legislature that the 3% general fund                                                              
     reduction   in  Administration   and  Support,   incite  more                                                              
     efficient administrative functions  and be spread amongst all                                                              
     administrative components within the appropriation.                                                                        
                                                                                                                                
Representative  Davies OBJECTED.  He  maintained  that the  intent                                                              
language was  unrealistic, given the amount  of money appropriated                                                              
to the department.                                                                                                              
                                                                                                                                
A roll call vote was taken on the motion to adopt item 19 in the                                                                
Department of Transportation and Public Facilities.                                                                             
                                                                                                                                
IN FAVOR: Senate: Kelly, Donley                                                                                                 
          House:  Mulder, Williams                                                                                              
OPPOSED: Senate: Hoffman                                                                                                        
          House:  Davies                                                                                                        
                                                                                                                                
The MOTION PASSED.                                                                                                              
                                                                                                                                
Senator Donley  MOVED to ADOPT Intent Language  for the Department                                                              
of Transportation and Public Facilities item 20:                                                                                
                                                                                                                                
     Since the Operating  Budget appropriations substantially fund                                                              
     the  current level  of  operations for  highway and  aviation                                                              
     maintenance,  it is the  intent of  the Legislature  that the                                                              
     spring road  openings be maintained at the  FY01 level. Since                                                              
     continued operation  of the functioning  maintenance stations                                                              
     is included in  FY01 operating plan, it is  the intent of the                                                              
     Legislature that they remain open during FY02. The                                                                         
     appropriation for Highways and Aviation shall lapse into the                                                               
     general fund on August 31, 2002.                                                                                           
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Senator Donley  MOVED to ADOPT Intent Language  for the Department                                                              
of Transportation and Public Facilities item 21:                                                                                
                                                                                                                                
      The  Department  is projecting  the  depletion  of the  fund                                                              
      prior to the end of the  02 fiscal year and anticipates that                                                              
      there may  be a need  to reduce  services if that  amount is                                                              
      not funded.  It is  the intent of  the Legislature  that the                                                              
      Department  should take measures  to reduce  operating costs                                                              
      and increase  revenues. If those  measures do not  allow for                                                              
      the projected  293 to 298  weeks of service,  the Department                                                              
      should request a supplemental appropriation.                                                                              
                                                                                                                                
Representative Davies  thought that the item  was under-funded but                                                              
did not  object for a  vote. There being  NO OBJECTION, it  was so                                                              
ordered.                                                                                                                        
                                                                                                                                
Senator  Donley MOVED  to  ADOPT the  House  amounts for  Language                                                              
Section item 3  (see motion sheets). There being  NO OBJECTION, it                                                              
was so ordered.                                                                                                                 
                                                                                                                                
Senator  Donley MOVED to  ADOPT Language  Section item  4: $12,372                                                              
million  for  Learning  Opportunity Grants  (see  motion  sheets).                                                              
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Senator  Donley MOVED  to ADOPT  the House  language for  Language                                                              
Section item  5 and change the  fund source from AHFC  receipts to                                                              
general funds  (see motion sheets).  There being NO  OBJECTION, it                                                              
was so ordered.                                                                                                                 
                                                                                                                                
Senator  Donley MOVED  to ADOPT  the House  language for  Language                                                              
Section item 11 (see motion  sheets). There being NO OBJECTION, it                                                              
was so ordered.                                                                                                                 
                                                                                                                                
Senator  Donley MOVED  to ADOPT  the House  language for  item 13,                                                              
language section  (see motion  sheets). There being  NO OBJECTION,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
Senator Donley MOVED to ADOPT Language Section item 15:                                                                         
                                                                                                                                
     No money appropriated in this section may be used to pay the                                                               
     costs of personal services due to reclassifications of job                                                                 
     classes during the fiscal year ending June 30, 2003.                                                                       
                                                                                                                                
Representative Davies  OBJECTED and spoke against  the adoption of                                                              
Language Section item 15.                                                                                                       
                                                                                                                                
A roll call vote was taken on the motion to adopt Language item                                                                 
15.                                                                                                                             
                                                                                                                                
IN FAVOR: Senate: Kelly, Donley                                                                                                 
          House:  Mulder, Williams                                                                                              
OPPOSED: Senate: Hoffman                                                                                                        
          House:  Davies                                                                                                        
                                                                                                                                
The MOTION PASSED.                                                                                                              
                                                                                                                                
Senator Donley  MOVED to ADOPT  Language Section item  16: Medical                                                              
Assistance.                                                                                                                     
                                                                                                                                
Representative  Davies OBJECTED. He  maintained that  the language                                                              
was inappropriate in respects  to the constitutional rights of the                                                              
people of Alaska.  Chair Mulder emphasized that the  language is a                                                              
compromise and does  not hold the Department of  Health and Social                                                              
Services budget hostage.                                                                                                        
                                                                                                                                
A roll call vote was taken on the motion to adopt Language                                                                      
Section item 16.                                                                                                                
                                                                                                                                
IN FAVOR: Senate: Kelly, Donley                                                                                                 
          House:  Mulder, Williams                                                                                              
OPPOSED: Senate: Hoffman                                                                                                        
          House:  Davies                                                                                                        
                                                                                                                                
The MOTION PASSED.                                                                                                              
                                                                                                                                
Senator Donley  MOVED to ADOPT Language Section  item 17: Medicaid                                                              
Funds.                                                                                                                          
                                                                                                                                
Representative Davies OBJECTED.                                                                                                 
                                                                                                                                
A roll call vote was taken on the motion to adopt Language                                                                      
Section item 17.                                                                                                                
                                                                                                                                
IN FAVOR: Senate: Kelly, Donley                                                                                                 
          House:  Mulder, Williams                                                                                              
OPPOSED: Senate: Hoffman                                                                                                        
          House:  Davies                                                                                                        
                                                                                                                                
The MOTION PASSED.                                                                                                              
                                                                                                                                
Senator  Donley MOVED  to  reopen the  Language  Section with  the                                                              
purpose  of  amending item  15.  He  MOVED  to add  "except  those                                                              
specifically budgeted" on line 3, after "2002".                                                                                 
                                                                                                                                
Senator  Donley  MOVED  to  ADOPT  Language  Section  item  15  as                                                              
amended. Representative Davies maintained his objection.                                                                        
                                                                                                                                
A roll call vote was taken on the motion to adopt Language                                                                      
Section item 15 as amended.                                                                                                     
                                                                                                                                
IN FAVOR: Senate: Kelly, Donley                                                                                                 
          House:  Mulder, Williams                                                                                              
OPPOSED: Senate: Hoffman                                                                                                        
          House:  Davies                                                                                                        
                                                                                                                                
The MOTION PASSED.                                                                                                              
                                                                                                                                
Senator Donley  MOVED to close  the Language Section.  There being                                                              
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
RECESSED                                                                                                                      
                                                                                                                                
The Conference Committee recessed at 8:30 p.m.                                                                                  
                                                                                                                                
RECONVENED                                                                                                                    
                                                                                                                                
The Committee reconvened at 1:03 a.m.                                                                                           
                                                                                                                                
Senator Donley  MOVED to reopen the Department  of Administration,                                                              
item 17.  There being  NO OBJECTION, it  was so ordered.   Senator                                                              
Donley MOVED  to ADOPT the Senate  number on item 17.  There being                                                              
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
Senator Donley  MOVED to close  the Department  of Administration.                                                              
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Senator Donley MOVED  to ADOPT the Fiscal Notes  as amended on the                                                              
fiscal  note  spreadsheet  (copy  on  file.) [HB  132:  Legal  and                                                              
Advocacy was reduced from $100  to $85 thousand dollars; HB 172: a                                                              
new  line item  was added  for  Legal Advocacy  for $240  thousand                                                              
dollars;  and HB 179:  new line  item for  Legal Advocacy  for $49                                                              
thousand dollars.]  Chair Mulder  clarified that the  fund sources                                                              
would be general funds.                                                                                                         
                                                                                                                                
Representative Davies  OBJECTED. He  noted the absence  of several                                                              
fiscal notes  from the  list. pointed out  that the  Department of                                                              
Natural   Resources  fiscal   note   for   $65  thousand   dollars                                                              
accompanying HB  96 was not  listed. He noted  that HB 177  was in                                                              
the Senate  Rules Committee  and contained $70.8  thousand dollars                                                              
for   Alaska  Public   Officers   Commission.   Senate  Bill   149                                                              
[Department  of   Administration,  Retirement  for   $50  thousand                                                              
dollars],  which  was  scheduled   on  the  House  floor  was  not                                                              
contained.                                                                                                                      
                                                                                                                                
Representative Davies  added that the fiscal note  list for SB 105                                                              
was  missing the  note for  the  Department of  Law. Chair  Mulder                                                              
pointed  out that  the notes  were  received late.  Representative                                                              
Davies pointed out  that if the legislation were  to pass that the                                                              
[Victim's Rights] Office would  be delayed a year. The legislation                                                              
calls for victim's restitution.                                                                                                 
                                                                                                                                
Representative Davies discussed SB  137. He observed that only not                                                              
$2,868.9 of the $4,553.8 million  dollars would be directed to the                                                              
University of Alaska.                                                                                                           
                                                                                                                                
Representative  Davies referred  to SB  145. He  pointed out  that                                                              
there should be  $68.9 general funds in addition  to $125 thousand                                                              
dollars in other funds.                                                                                                         
                                                                                                                                
Senator Donley  MOVED to amend the fiscal  note appropriations: SB
105  - increase  47.0  to  $200 thousand  dollars  and change  the                                                              
appropriation   from  the   Department  of   Corrections   to  the                                                              
Department of  Law; SB  145 - add  $69.8 thousand dollars  for the                                                              
Department  of   Corrections.  Chair  Mulder  observed   that  the                                                              
appropriations would  be general funds. There  being NO OBJECTION,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
Mr. Teal noted that the  Legislative Finance Division would follow                                                              
the  fiscal notes  as closely  as possible  to locate  the correct                                                              
fund source.                                                                                                                    
                                                                                                                                
 HB 103 and HB 104 were HELD in Committee for further                                                                           
consideration.                                                                                                                  
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 1:30 a.m.                                                                                          

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