Legislature(2005 - 2006)HOUSE FINANCE 519

04/27/2006 08:30 AM House FINANCE


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08:52:26 AM Start
09:52:00 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 306 CONVEY HATCHER PASS TO MAT-SU BOROUGH TELECONFERENCED
Moved CSHB 306(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 496 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS TELECONFERENCED
Moved CSHB 496(FIN) Out of Committee
-- Testimony <Invitation Only> --
+ SB 310 EMPLOYMENT OF PRISONERS TELECONFERENCED
Moved HCS SB 310(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 27, 2006                                                                                           
                         8:52 a.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House  Finance Committee meeting to                                                                   
order at 8:52:26 AM.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Richard Foster                                                                                                   
Representative Mike Hawker                                                                                                      
Representative Jim Holm                                                                                                         
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Beth Kerttula                                                                                                    
Representative Carl Moses                                                                                                       
Representative Bruce Weyhrauch                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Darwin  Peterson, Staff,  Senator  Lyda  Green; Louie  Flora,                                                                   
Staff, Representative  Paul Seaton; Sharon  Barton, Director,                                                                   
Permanent  Fund  Dividend Division,  Department  of  Revenue;                                                                   
Sharleen    Griffin,    Acting    Director,    Division    of                                                                   
Administrative  Services, Department  of Corrections;  Portia                                                                   
Parker, Deputy Commissioner, Department of Corrections                                                                          
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Diane Kaplan, Rasmussen Foundation                                                                                              
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 310    "An  Act relating to  the employment of  prisoners;                                                                   
          and providing for an effective date."                                                                                 
                                                                                                                                
          HCSSB 310 (FIN) was  REPORTED out of Committee with                                                                   
          a "no recommendation"  and with zero fiscal note #1                                                                   
          by   the   Department   of  Labor   and   Workforce                                                                   
          Development,  and fiscal note #2 by  the Department                                                                   
          of Corrections.                                                                                                       
                                                                                                                                
HB 496    "An  Act relating to  contributions from  permanent                                                                   
          fund     dividends    to    certain     educational                                                                   
          organizations    and    to    certain    charitable                                                                   
          organizations   that  provide   a  positive   youth                                                                   
          development program,  workforce development, aid to                                                                   
          the arts, or aid and  services to the elderly, low-                                                                   
          income   individuals,   individuals  in   emergency                                                                   
          situations,  disabled  individuals, or  individuals                                                                   
          with   mental  illness;   and   providing  for   an                                                                   
          effective date."                                                                                                      
                                                                                                                                
          CSHB 496  (FIN) was REPORTED out of  Committee with                                                                   
          a letter  of intent, with "no  recommendation", and                                                                   
          with  a  new  fiscal  note  by  the  Department  of                                                                   
          Revenue.                                                                                                              
                                                                                                                                
HB 306    "An   Act  making   certain   land  available   for                                                                   
          selection by the Matanuska-Susitna Borough."                                                                          
                                                                                                                                
          CSHB 306  (FIN) was REPORTED out of  Committee with                                                                   
          "no  recommendation" and with  zero fiscal  note #1                                                                   
          by the Department of Natural Resources.                                                                               
                                                                                                                                
8:52:37 AM                                                                                                                    
                                                                                                                                
SENATE BILL NO. 310                                                                                                           
                                                                                                                                
     "An Act relating to the employment of prisoners; and                                                                       
     providing for an effective date."                                                                                          
                                                                                                                                
DARWIN PETERSON, STAFF, SENATOR  GREEN, explained that SB 310                                                                   
was  introduced   at  the  request   of  the   Department  of                                                                   
Corrections.   In addition, the  bill allows.  The  cost will                                                                   
be funded through  program receipts.  Inmates  are allowed to                                                                   
work for financial restitution for child support payments.                                                                      
                                                                                                                                
Representative  Stoltze asked  about Section  3, and  Section                                                                   
12,  Workers   compensation.    Mr.  Peterson   thought  that                                                                   
prisoners could not receive workers compensation.                                                                               
                                                                                                                                
Representative  Holm  asked if  they  would  be under  worker                                                                   
comp.  Mr. Peterson referred to Section 4 to explain.                                                                           
                                                                                                                                
Representative  Stoltze  asked  about  the  retroactivity  of                                                                   
2005.  Mr. Peterson responded sunset provision.                                                                                 
                                                                                                                                
8:56:50 AM                                                                                                                    
                                                                                                                                
Representative  Kerttula asked  if DEC  standards for  health                                                                   
and safety apply.  Mr. Peterson said he thought so.                                                                             
                                                                                                                                
Representative  Foster spoke  in  support of  the  bill.   He                                                                   
recalled in the 90's when prisoners  jobs were competing with                                                                   
free  market  labor.    Mr.  Peterson   said  that  the  bill                                                                   
addresses this  on page  3, section 2,  to prevent  this from                                                                   
happening.                                                                                                                      
                                                                                                                                
8:58:23 AM                                                                                                                    
                                                                                                                                
PORTIA   PARKER,    DEPUTY   COMMISSIONER,    DEPARTMENT   OF                                                                   
CORRECTIONS,  clarified that the  prisoners have  always been                                                                   
exempt.   The bill  just ensures  continuation of the  status                                                                   
quo work programs.                                                                                                              
                                                                                                                                
Representative  Stoltze  asked   about  Section  8  regarding                                                                   
agricultural purchases.                                                                                                         
                                                                                                                                
SHARLEEN    GRIFFIN,    ACTING    DIRECTOR,    DIVISION    OF                                                                   
ADMINISTRATIVE    SERVICES,   DEPARTMENT   OF    CORRECTIONS,                                                                   
responded that the prison employment  program falls under the                                                                   
procurement code.                                                                                                               
                                                                                                                                
9:01:27 AM                                                                                                                    
                                                                                                                                
Representative Holm  asked about competitive bidding  and the                                                                   
fairness of it.  Ms. Griffin replied  that there are parts of                                                                   
the bill that avoid unfair competition.   Representative Holm                                                                   
asked  about the  oversight for  that.   Ms. Griffin  replied                                                                   
that in  Section 2  the commissioner  is required to  consult                                                                   
with local  unions.  It requires  that minimum wage  be paid.                                                                   
Representative  Holm asked for  the definition of  prevailing                                                                   
//.    Ms.  Parker replied.    Representative  Holm  noted  a                                                                   
concern about farming  on state land with prisoner  labor and                                                                   
lower costs.   Ms.  Parker replied  that everything  grown on                                                                   
the farm is consumed by the prisoners.  Ms. Parker.                                                                             
                                                                                                                                
9:05:40 AM                                                                                                                    
                                                                                                                                
Representative Holm asked about  supplanting purchasing.  Ms.                                                                   
Parker maintained  that it  is not a  problem because  on the                                                                   
Point Mac farm purchasing does not impact local economy.                                                                        
                                                                                                                                
Representative  Stoltze  noted  that  prison  labor  is  more                                                                   
efficient.  In theory it would  allow for unfair competition.                                                                   
                                                                                                                                
9:08:53 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  MOVED to adopt  Amendment 1.   Representative                                                                   
Stoltze objected.                                                                                                               
                                                                                                                                
Ms.  Parker addressed  Amendment 1.   It  concerns whether  a                                                                   
public  agency  could also  //.    Has  no problem  with  the                                                                   
amendment.                                                                                                                      
                                                                                                                                
Representative Stoltze removed his objection.                                                                                   
                                                                                                                                
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
9:11:07 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer named the two fiscal notes.                                                                                      
                                                                                                                                
Ms.  Griffin noted  that the  fiscal  note is  a fund  change                                                                   
regarding support services.                                                                                                     
                                                                                                                                
Co-Chair  Chenault  asked  if   the  bill  allows  employment                                                                   
outside  the prison  facilities.   Ms.  Parker  said that  it                                                                   
covers both  inside and outside  employment sites.   She gave                                                                   
an example of outside jobs.                                                                                                     
                                                                                                                                
Co-Chair  Chenault  asked about  community  service  projects                                                                   
such as  senior housing performed  by prisoners.   Ms. Parker                                                                   
pointed to Section  2, page 3, to clarify that  prisoners are                                                                   
not  allowed to  replace union  workers.   Co-Chair  Chenault                                                                   
agreed  they  should  not  take   jobs  that  others  in  the                                                                   
community  provide.   He  was  referring to  other  community                                                                   
service projects,  which would  help repay prisoners  debt to                                                                   
society.                                                                                                                        
                                                                                                                                
9:16:13 AM                                                                                                                    
                                                                                                                                
Representative Stoltze  related that in his  community prison                                                                   
labor  has been used  for community  projects.   He asked  if                                                                   
those jobs  are volunteer  jobs.   Ms. Parker explained  that                                                                   
prisoners  in  half-way  houses   are  court  ordered  to  do                                                                   
community work projects.                                                                                                        
                                                                                                                                
9:17:27 AM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  REPORT HCSSB 310 (FIN) out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCSSB  310 (FIN) was  REPORTED  out of Committee  with  a "no                                                                   
recommendation"  and   with  zero  fiscal  note   #1  by  the                                                                   
Department  of Labor  and Workforce  Development, and  fiscal                                                                   
note #2 by the Department of Corrections.                                                                                       
                                                                                                                                
9:18:19 AM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 496                                                                                                            
                                                                                                                                
     "An Act  relating to  contributions from permanent  fund                                                                   
     dividends  to certain educational  organizations  and to                                                                   
     certain   charitable   organizations   that  provide   a                                                                   
     positive    youth   development    program,    workforce                                                                   
     development,  aid to the  arts, or  aid and services  to                                                                   
     the  elderly,  low-income  individuals,  individuals  in                                                                   
     emergency    situations,   disabled   individuals,    or                                                                   
     individuals  with mental illness;  and providing  for an                                                                   
     effective date."                                                                                                           
                                                                                                                                
Co-Chair Meyer summarized the past action on the bill.                                                                          
                                                                                                                                
Representative Weyhrauch WITHDREW Amendment 1.                                                                                  
                                                                                                                                
LOUIE FLORA, STAFF, REPRESENTATIVE  PAUL SEATON, explained HB
496.   He  stated that  a  word "primary"  in  the title  was                                                                   
removed as well as //.                                                                                                          
                                                                                                                                
Representative  Foster MOVED to  ADOPT work  draft for  CS HB
496,  Version  S.    There being  NO  OBJECTION,  it  was  so                                                                   
ordered.                                                                                                                        
Mr. Flora related that if the  percentages were deleted, then                                                                   
//.  Sponsor would accept solutions.   Easiest way to address                                                                   
this  issue.       He  explained  that  there   is  an  audit                                                                   
requirement on page 3, line 15.                                                                                                 
                                                                                                                                
9:26:30 AM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch asked about  Section G.   Mr. Flora                                                                   
said.                                                                                                                           
                                                                                                                                
Co-Chair  Chenault  asked  if  a  portion  of  the  check  is                                                                   
garnished, if a  person wants to donate the  remainder of the                                                                   
check, would the  garnish take priority.  Mr.  Flora deferred                                                                   
to the permanent fund staff.                                                                                                    
                                                                                                                                
Representative Stoltze asked about electronic.                                                                                  
                                                                                                                                
SHARON BARTON,  DIRECTOR, PERMANENT  FUND DIVIDEND  DIVISION,                                                                   
DEPARTMENT   OF  REVENUE,   addressed   Co-Chair   Chenault's                                                                   
question.    Takes  priority  after  garnishment.    Co-Chair                                                                   
Chenault  asked if  it only  applies  to on-line  applicants.                                                                   
Ms. Barton said yes.                                                                                                            
                                                                                                                                
9:29:58 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  asked if the Rasmusson Foundation  would fund                                                                   
all three years.  Mr. Flora said yes.                                                                                           
                                                                                                                                
DIANE KAPLAN, RASMUSSON FOUNDATION, confirmed that.                                                                             
                                                                                                                                
Co-Chair Meyer listed the fiscal note.                                                                                          
                                                                                                                                
9:31:55 AM                                                                                                                    
                                                                                                                                
Mr. Flora  pointed to a correction  on page 6, line  12, June                                                                   
30,2006 to August 15. 2006.                                                                                                     
                                                                                                                                
Co-Chair  Meyer MOVED  to ADOPT  Conceptual  Amendment 2,  to                                                                   
change the  date on page 6, line  12, from June 30  to August                                                                   
15.  There being NO OBJECTION, it was so ordered.                                                                               
                                                                                                                                
Representative  Hawker noted  that the  fiscal note  does not                                                                   
address the Rasmusson Foundation.                                                                                               
                                                                                                                                
9:33:47 AM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch  suggested a  letter  of intent  do                                                                   
deal with  that issue.  He  suggested a short letter  and one                                                                   
from Rasmussen  Foundation.   There being  NO OBJECTION,  the                                                                   
addition of a letter of intent was adopted.                                                                                     
                                                                                                                                
9:34:30 AM                                                                                                                    
                                                                                                                                
Representative Foster  noted fiscal note "department  may not                                                                   
be able to meet"  Sunset for //. Extend deadline.   Mr. Flora                                                                   
said  the intent  is to  speed up  the process  to make  2007                                                                   
happen.   He assured  the committee  that the  goal would  be                                                                   
attained.  The fiscal note addresses  writing the regulation.                                                                   
Representative Foster suggested 5 to 10 years.                                                                                  
                                                                                                                                
Representative  Holm asked why  the cost to change  mainframe                                                                   
and server  - $200,000.   Ms.  Barton said  that the  payroll                                                                   
system  consists of  3 to  4 patched  together  systems.   In                                                                   
order to  run the programs  that expense has  been estimated.                                                                   
No bids have been accepted yet, it could be less.                                                                               
                                                                                                                                
9:39:20 AM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  pointed out that the  Rasmussen Foundation                                                                   
has funded  as dated.   If  the date  would be extended  that                                                                   
assumes that  the state  will pay the  additional costs.   He                                                                   
suggested staying with the date.                                                                                                
                                                                                                                                
Representative  Foster  opined that  a consituency  is  being                                                                   
created and an extension will need to be made.                                                                                  
                                                                                                                                
9:40:47 AM                                                                                                                    
                                                                                                                                
Representative  Hawker  said there  could  be 600  qualifying                                                                   
companies.  He said it does not make sense.                                                                                     
                                                                                                                                
Representative   Joule    said   in   the    budget   process                                                                   
contributions are  looked at.  If Alaskans  contribute a lot,                                                                   
that says a lot.                                                                                                                
                                                                                                                                
9:42:35 AM                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to REPORT CSHB 496  (FIN) out of                                                                   
Committee with an attached letter  of intent, with individual                                                                   
recommendations,  and  with  the  accompanying  fiscal  note.                                                                   
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSHB 496  (FIN) was REPORTED out  of Committee with  a letter                                                                   
of intent,  with "no recommendation",  and with a  new fiscal                                                                   
note by the Department of Revenue.                                                                                              
                                                                                                                                
                                                                                                                                
9:43:59 AM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 306                                                                                                            
                                                                                                                                
     "An Act making certain land available for selection by                                                                     
     the Matanuska-Susitna Borough."                                                                                            
                                                                                                                                
Representative Kerttula said.                                                                                                   
                                                                                                                                
Representative  Hawker stated support  for the bill.   Public                                                                   
process has been correct.                                                                                                       
                                                                                                                                
Representative Holm echoed Representative  Hawker's comments.                                                                   
He noted that the Mat-Su has to vote on this issue.                                                                             
                                                                                                                                
9:45:46 AM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch  said he  is not  comfortable  with                                                                   
Section 1,  the findings  because it  is not consistent  with                                                                   
past practice.                                                                                                                  
                                                                                                                                
Representative  Stoltze  responded   that  it  is  consistent                                                                   
because it is Mat-Su's.                                                                                                         
                                                                                                                                
Representative  Weyhrauch MOVED  Conceptual  Amendment 1,  to                                                                   
delete  Section 1.    There being  NO  OBJECTION,  it was  so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Representative Weyhrauch said he now supports the bill.                                                                         
                                                                                                                                
9:47:44 AM                                                                                                                    
                                                                                                                                
Representative  Kerttula noted  Eaglecrest is  not //.   This                                                                   
was established  to allow access  to river, now  being passed                                                                   
to a private  developer, not been a public  process.  Borough                                                                   
has  300,000  acres.    Undermines  public  usage.  She  also                                                                   
opposed removing Section  1.   ARC is opposed  to this use of                                                                   
the corridor.  She stated her objections to the bill.                                                                           
                                                                                                                                
Representative  Stoltze  said he  appreciated  Representative                                                                   
Kerttula's   remarks.      He   said  he   does   not   agree                                                                   
philosophically with  the bill, but it is his  district's top                                                                   
priority.  He noted the set-backs allowed in the bill.                                                                          
                                                                                                                                
9:52:00 AM                                                                                                                    
                                                                                                                                
Representative  Joule observed that  in the northern  part of                                                                   
the country it is ok to //.                                                                                                     
                                                                                                                                
Representative Foster  MOVED to REPORT CSHB 306  (FIN) out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB 306 (FIN) was REPORTED out of Committee with "no                                                                           
recommendation" and with zero fiscal note #1 by the                                                                             
Department of Natural Resources.                                                                                                
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 9:53 AM.                                                                                           

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