Legislature(1993 - 1994)
03/25/1993 01:30 PM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
March 25, 1993
1:30 P.M.
TAPE HFC 93 - 61, Side 1, #000 - end.
TAPE HFC 93 - 61, Side 2, #000 - end.
TAPE HFC 93 - 62, Side 1, #000 - end.
TAPE HFC 93 - 62, Side 2, #000 - end.
TAPE HFC 93 - 63, Side 1, #000 - end.
TAPE HFC 93 - 63, Side 2, #000 - end.
TAPE HFC 93 - 64, Side 1, #000 - end.
TAPE HFC 93 - 64, Side 2, #000 - #224.
CALL TO ORDER
Co-Chair Ron Larson called the meeting of the House Finance
Committee to order at 1:30 P.M.
PRESENT
Co-Chair Larson Representative Brown
Co-Chair MacLean Representative Foster
Vice-Chair Hanley Representative Grussendorf
Representative Hoffman Representative Martin
Representative Navarre Representative Parnell
Representative Therriault
ALSO PRESENT
Representative Fran Ulmer; Senator Suzanne Little; Lloyd G.
Rupp, Commissioner, Department of Corrections; Nico Bus,
Chief, Financial Services, Department of Natural Resources;
Cheryl Frasca, Director, Division of Budget Review, Office
of Management and Budget, Office of the Governor; Joan
Kasson, Fiscal Analyst, Legislative Finance Division; Raga
Elim, Special Assistant, Department of Natural Resources;
Ric Davidge, Director, Division of Water, Department of
Natural Resources; Representative Barnes.
SUMMARY INFORMATION
HB 55 An Act making appropriations for the operating and
loan program expenses of state government and to
capitalize funds; and providing for an effective
date.
HB 56 An Act making appropriations for operating
expenses for certain programs for which the costs
are derived from mandated formulas or criteria,
and for expenses for certain leases and contracts
for state services and operations; and providing
1
for an effective date.
Consideration of Amendments for the Department of
Corrections and the Department of Natural
Resources.
DEPARTMENT OF CORRECTION - AMENDMENTS
REPRESENTATIVE RAMONA BARNES spoke to CORR #1. Co-Chair
Larson MOVED the amendment. Representative Brown OBJECTED
and requested that the five parts of Section #4 be
separated. Co-Chair Larson MOVED Sections #1, #2, #3 and
adopted.
Representative Brown addressed Section #4 explaining that
the Department of Corrections (DOC) would be critically
hindered by its passage. Representative Barnes provided the
Committee with a handout, [Attachment #1], which listed the
separate revised programs stating that it would establish a
system in which to control the Department's spending.
Representative Brown WITHDREW THE OBJECTION.
Representative Navarre OBJECTED. He stated that the
separate appropriations would remove any flexibility the
Department might have. He pointed out that the Legislature
should manage the budget rather than the individual
departments. Representative Barnes replied the Legislature
should assume its constitutional responsibility in
determining where the money is spent.
Representative Navarre emphasized the responsibility of
individual agencies is to have authority over their capital
to move funds around, given that they can justify it through
their record keeping. He added, Wildwood should be
considered one of the institutions which remains open, based
on cost effective options.
LLOYD RUPP, COMMISSIONER, DEPARTMENT OF CORRECTIONS,
explained that the Department of Corrections has provided
the Legislature with a "true" budget needed by that
Department for management flexibility and noted that he did
not support Representative Barnes amendments. In order to
administer the Department on a sound fiscal base, funds need
to be given more flexibility in order to manage with
credibility. Intermediate sanctions require a policy driven
system with trained persons. The proposed budget does not
provide funds for this training which is the basis of any
correctional system in the country. Representative Barnes
disagreed. She pointed out there is an extra $1 million
dollars placed in the FY 93 budget for DOC.
2
(Tape Change, HFC 93-61, Side 2).
REPRESENTATIVE FRAN ULMER provided the Committee with a
handout. [Attachment #2]. She urged the Committee to
reject Section #4 of CORR #1, pointing out that at no time
did the Department of Corrections subcommittee debate
whether or not the amount allocated to each center should be
frozen. There has not been an in depth hearing to determine
that the administrators should be locked into a
predetermined amount.
Representative Ulmer agreed that the Legislature should
protect it's appropriation power. Policy should be set for
appropriation although, it is totally inappropriate for the
Legislature to manage State government. She urged the
Committee not to accept the proposed amendment.
Co-Chair Larson asked the Commissioner if making allocations
rather than appropriations to the DOC budget would be
acceptable, and then making those allocations subject to LBA
audits. Commissioner Rupp asked how he would handle the
immediate costs of moving prisoners without immediately
addressed by LBA. Co-Chair Larson suggested those costs
could be covered through retroactive requests.
Representative Hoffman recommended dividing Section #4 of
CORR #1. Representative Barnes agreed to the division of
the amendment, although noted her concern with how the
budget was written. Commissioner Rupp supported dividing
the allocation reductions, which would then provide the
Department some flexibility.
Representative Hoffman MOVED to amend Section #4, CORR #1
which would allocate $1.2 million dollars among the eight
institutions on a proportionate basis as the original
allocation. There being NO OBJECTION, it was so ordered.
Representative Brown asked how many appropriations were made
to the Department in FY 93.
JOAN KASSON, FISCAL ANALYSTS, LEGISLATIVE FINANCE DIVISION,
replied there were two appropriations which covered
administrative support and community health care. The new
proposal requires an appropriation for each facility.
Representative Barnes stressed that she requested that each
facility be appropriated for individually. Co-Chair Larson
MOVED a language change in Section 4, Part 2, to read
"proportionately" based rather than an "unallocated
reduction".
Representative Navarre asked to divide that question. He
pointed out there is no objection to the dividing the $1.2
million dollars allocated to institutions on a pro rata
3
basis. The second part of the question would clarify that
all institutions be included in separate appropriations.
Representative Brown pointed out that if this section
failed, there would be six appropriations within DOC.
(Tape Change HFC 93-62, Side 1).
Representative Navarre MOVED to divide Section #4, CORR #1.
There being NO OBJECTION, it was divided. The first part of
Section #4 was agreed upon previously. Co-Chair Larson
asked if Part #2 should be a separate appropriation for each
of the eight institutions or if it should be one
appropriation for all twelve institutions. Representative
Barnes stated there would be a separate BRU for each
institution plus additional BRU's for activities within the
Department.
Ms. Kasson explained the way in which the subcommittee
report was adopted, each item would be a separate
appropriation except for:
Administrative Services
Correctional Industries
Institutions
Community Corrections
Representative Ulmer clarified that in the proposed FY 94
DOC budget, there are thirteen appropriations before the
proposed amendment. She pointed out that the University of
Alaska budget has one appropriation. Representative Ulmer
emphasized this is not fair.
A roll call was taken on the MOTION.
IN FAVOR: Hanley, Martin, Parnell, Therriault,
Larson, MacLean, Foster.
OPPOSED: Brown, Navarre, Hoffman.
Representative Grussendorf was not present for the vote.
The MOTION PASSED, (7-3).
Representative Parnell WITHDREW CORR #2. There being NO
OBJECTION, it was so ordered.
Co-Chair Larson MOVED CORR #3. Representative Barnes
explained the amendment would change the funding source for
mental health services in community residential centers from
inter-agency receipts to direct funding. There being NO
OBJECTION, it was so ordered.
4
Representative Brown MOVED CORR #4. Representative Ulmer
explained the amendment would bring the Southeast Region
Probation Office back up to the Governor's request.
Probation officers have been significantly understaffed
during the past few years.
Representative Barnes noted her opposition to the amendment.
Commissioner Rupp replied, current case load is 50% over the
capacity of the Department. Co-Chair Larson OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Foster, Hanley, Parnell, Therriault,
MacLean, Larson.
OPPOSED: Grussendorf, Hoffman, Navarre, Brown.
Representative Martin was not present for the vote.
The MOTION FAILED, (4-6).
Representative Brown MOVED CORR #5. Representative Ulmer
explained that the Correctional Industries unit cannot
absorb such a large vacancy factor. Not funding this
amendment will mean ten layoffs during FY 94. All non-
personal expenses of this unit are met through the
Correctional Industries Product Fund. Funding the personnel
costs would be a small price to pay for the return.
Representative Brown pointed out that this is the Governor's
request for an increase, resulting from lawsuit demands to
address educational opportunities in our current prison
system. Representative Barnes objected. Co-Chair Larson
OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Grussendorf, Hoffman, Navarre, Brown.
OPPOSED: Hanley, Parnell, Therriault, Foster,
Larson, MacLean.
Representative Martin was not present for the vote.
The MOTION FAILED, (4-6).
Representative Brown WITHDREW CORR #6. There being NO
OBJECTION, it was so ordered.
Representative Brown MOVED CORR #7. Representative
Therriault OBJECTED. Representative Brown stated the
amendment would allow DOC to function adequately adding
given that they have been hit hard in the past. If the
Department is to be expected to improve in management, the
5
Division must be adequately staffed. Representative Ulmer
elaborated that given the proposed cuts to DOC the
Department will be required to do much more paper work, time
and energy. She thought it was criminal to reduce the
administrative staff at the same time as severely cutting
the Department. Representative Grussendorf echoed
Representative Ulmer's concern. Commissioner Rupp concurred
that the Department needs more adequate staffing.
(Tape Change HFC 93-62, Side 2).
A roll call was taken on the MOTION.
IN FAVOR: Hoffman, Navarre, Brown, Grussendorf.
OPPOSED: Martin, Parnell, Therriault, Foster,
MacLean, Larson.
Representative Hanley was not present for the vote.
The MOTION FAILED, (4-6).
Representative Brown MOVED CORR #8. Representative Ulmer
stated the amendment would restore the Correctional Academy
to the level of funding requested by the Governor and will
allow the Department to comply with the training
requirements of the Alaska Police Standards and Department
regulations. Commissioner Rupp commented, the budget is
inadequate to properly train the officers. Representative
Barnes was willing to reconsider adding $100 thousand
dollars above FY 93 funding. Representative Brown MOVED TO
AMEND CORR #8 to have a total restoration of $100 thousand
dollars. Representative Navarre OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Hoffman, Martin, Navarre, Therriault,
Brown, Foster, Larson.
OPPOSED: Navarre, Grussendorf, MacLean.
Representative Hanley was not present for the vote.
The MOTION PASSED, (7-3).
There was NO OBJECTION, to the amended amendment CORR #8, it
was so ordered.
Representative Brown MOVED CORR #9. Representative Ulmer
stated that if the one position in the Department assigned
to deal with women's needs is eliminated, the court and the
inmates will construe that as a sign that the Department is
6
going back on its commitment to resolve the problems.
Representative Brown pointed out that the State is under
obligation under the Cleary Lawsuit to equalize programs
available for women. Representative Barnes noted that she
opposed the amendment. Co-Chair MacLean OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Navarre, Brown, Grussendorf, Hoffman.
OPPOSED: Parnell, Therriault, Foster, Hanley,
MacLean, Larson.
Representative Martin was not present for the vote.
The MOTION FAILED, (4-6).
Representative Navarre WITHDREW CORR #10. There being NO
OBJECTION, it was so ordered.
Representative Navarre MOVED CORR #11. Representative Ulmer
pointed out that the Department of Corrections downsized the
Wildwood sentenced facility from 204 to 50 inmates last
year. Due to severe overcrowding conditions in remaining
institutions, they were forced to begin reopening closed
beds and plan to be back up to 204 as soon as staffing was
available. The city of Appleton, Minnesota built a 420 bed
facility in 1992 in hopes of attracting prisoners from
overcrowded facilities in other states in order to create
jobs in Minnesota. The facility is still empty. The
proposed budget will close the Wildwood facility and will
send the 204 prisoners to Minnesota. Representative Parnell
OBJECTED.
(Tape Change, HFC 93-63, Side 1).
Representative Navarre emphasized that the proposed budget
would take economic activity out of the State and give it
elsewhere.
Commissioner Rupp commented the Department has been
investigating the possibility of sending prisoners out of
State. Currently, there are 80 prisoners living out-of-
state. Representative Barnes stated that Wildwood was
downsized for extensive renovation needs and she felt that
it would not be in the interest of the State to pursue
upsizing Wildwood. [Attachment #3]. Discussion followed
between Representative Barnes and Representative Navarre
regarding keeping the prison at Wildwood open versus sending
them to Appleton, Minnesota. Representative Navarre did not
believe that Appleton would be able to house the Alaskan
prisoners for $45/day.
7
Commissioner Rupp clarified that Wildwood and the out-of-
state shipment are two separate issues. The master plan
developed by the State over the past two years explains the
need for 500 new beds in Alaska by 1996. Wildwood is an
essential area needed by the State to meet correctional
needs. Representative Ulmer pointed out that with the
proposed changes, the State will be buying a "bunch of
lawsuits". [Attachment #4].
Representative Brown recommended transferring money from
out-of-state contractual into Wildwood in order to keep it
open. She added, the budget structure adopted will hinder
the Department's ability to work prison management and avoid
building a new prison. Representative Brown MOVED to
transfer $3 million dollars from out-of-state contractual
into Wildwood. The amended cost of CORR #11 would be
$1,970.8 million dollars.
(Tape Change, HFC 93-63, Side 2).
Representative Barnes stated her opposition to the proposed
amendment. Representative Navarre provided the Committee
with a memo from Representative Ulmer to the HFC Co-Chairs
regarding the Wildwood Correctional Center dated 3/21/93.
[Attachment #5].
A roll call was taken on the MOTION.
IN FAVOR: Navarre, Brown, Grussendorf, Hoffman.
OPPOSED: Parnell, Therriault, Hanley, Martin,
Larson, MacLean.
Representative Foster was not present for the vote.
The MOTION FAILED, (4-6).
A roll call was taken on the MOTION to adopt CORR #11.
IN FAVOR: Brown, Grussendorf, Hoffman, Navarre.
OPPOSED: Parnell, Therriault, Hanley, Martin,
MacLean, Larson.
Representative Foster was not present for the vote.
The MOTION FAILED, (4-6).
Representative Navarre WITHDREW CORR #12. There being NO
OBJECTION, it was so ordered. [Attachment #6].
8
Representative Navarre asked for notice of reconsideration
of all the amendments which failed the DOC budget.
DEPARTMENT OF NATURAL RESOURCES
Co-Chair Larson introduced DNR #1 which would provide $100
thousand dollars for nursery operations. He asked to
withdraw the second and third section of the amendment for a
total of $100 thousand dollars and requested that the
amendment be HELD open for further investigative work.
Representative Navarre MOVED DNR #2. Representative
Therriault OBJECTED. Representative Navarre pointed out the
Office was traditionally funded by interagency receipts.
The funds were switched to general funds without
corresponding general fund reductions to the agency budgets
which had been the original source of funding. The proposal
would return the budget to the prior year format.
NICO BUS, CHIEF, FINANCIAL SERVICES, DEPARTMENT OF NATURAL
RESOURCES, noted that the DNR Public Information Center was
created in February, 1992, there was funding in three
different divisions. In FY 93, the Department proposed to
have the function funded as it was a very important function
in processing permits. He stated that it was the intention
of the Department to fund it through program receipts.
Representative Therriault pointed out that the Commissioner
of DNR recommended that DNR #2 not be approved.
Representative Navarre WITHDREW THE MOTION. There being NO
OBJECTION, it was so ordered.
Representative Brown MOVED DNR #3 stating the move would
restore a pass-through grant to Challenge Alaska who had
received the grant since 1985. Representative Therriault
stated that the subcommittee recommended deleting the
request stating it was not justified. He encouraged the
Committee to fund it through discretionary funds.
Representative Hanley requested that DNR #3 be HELD. There
being NO OBJECTION, it was so ordered.
Representative Brown MOVED DNR #4 and asked that the
amendment be restored to CED #5. The Oil and Gas
Conservation Commission performs critical functions for that
program. It is important that professional expertise be
maintained within the agency so that it can fully comprehend
and understand what the oil industry is doing.
Representative Hanley recommended when switches occur
between the departments, it would be essential to have both
departments present to testify. He asked that DNR #4 be
9
HELD open. There being NO OBJECTION, it was so ordered.
Representative Brown stated that DNR #5 would have a
corresponding amendment to CED #4 and would address the
information resource management project. She offered to
HOLD DNR #5 until DCED was present to testify. There being
NO OBJECTION, it was so ordered.
(Tape Change, HFC 93-64, Side 1).
Representative Brown MOVED DNR #6 which would restore the
mining reclamation program for private lands.
Representative Therriault OBJECTED. Representative Parnell
MOVED TO AMEND DNR #6 request to $40 thousand general fund
dollars. Representative Larson OBJECTED.
A roll call was taken on the amended MOTION.
IN FAVOR: Therriault, Brown, Grussendorf, Hanley,
Hoffman, Navarre, Parnell, MacLean.
OPPOSED: Martin, Larson.
Representative Foster was not present for the vote.
The MOTION PASSED, (8-2).
Representative Brown MOVED DNR #7 to restore funding for
Alaska Hydrological Survey Section, dam safety, Water Data
Collection program, and Alaska Water Resources Board.
Representative Therriault OBJECTED stating that the dam
safety would not be impacted by the decrement. Mr. Bus
stated the impact of the reduction would affect the Alaska
Water Resources Board and would come from the
hydroelectrical survey which provides data on many very
important functions. Dam safety is not part of the
reduction.
RIC DAVIDGE, DIRECTOR, DIVISION OF WATER, DEPARTMENT OF
NATURAL RESOURCES, stated that dam safety consists of one
engineer which will not be reduced, although eleven
scientist would be eliminated.
A roll call was taken on the MOTION.
IN FAVOR: Brown, Grussendorf, Navarre.
OPPOSED: Hanley, Hoffman, Martin, Parnell,
Therriault, Larson, MacLean.
Representative Foster was not present for the vote.
10
The MOTION FAILED, (3-10).
Representative Therriault MOVED DNR #8 which would provide
$75 thousand dollars for State Fair allocations. Co-Chair
MacLean inquired the previous amount allocated to individual
areas for State fairs. DNR #8 was HELD for further
consideration.
Representative Navarre MOVED DNR #9 which would restore cuts
to the Agricultural Development for State Fairs.
Representative Martin OBJECTED. Representative Navarre
noted the requested amendment would provide the Governor's
recommended funding.
A roll call was taken on the MOTION.
IN FAVOR: Grussendorf, Hoffman, Navarre, Brown,
MacLean.
OPPOSED: Hanley, Martin, Parnell, Therriault,
Larson.
Representative Foster was not present for the vote.
The MOTION FAILED, (5-5).
Representative Navarre MOVED DNR #10 for Representative John
Davies.
RAGA ELIM, SPECIAL ASSISTANT, OFFICE OF THE COMMISSIONER,
DEPARTMENT OF NATURAL RESOURCES, pointed out that DNR #10
would provide important funding in order to make good land
management decisions. Currently, there are resources not
being developed resulting from lack of access.
Representative Therriault OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Grussendorf, Navarre, Brown.
OPPOSED: Hanley, Hoffman, Martin, Parnell,
Therriault, Larson, MacLean.
Representative Foster was not present for the vote.
The MOTION FAILED, (3-7).
Representative Brown asked to HOLD DNR #11 which would
restore funding for oil and gas lease programs for
development. There being NO OBJECTION, it was so ordered.
Representative Brown MOVED DNR #12 would deny the Governor's
11
FY 94 decrement to the assertion of RS 2477 right-of-ways.
Representative Therriault OBJECTED. Mr Bus explained the
confusion regarding the reduction. The reduction of $97.4
was for the standards for right-a-way for individuals and
not for the federal right-a-ways. This was a reduction to
the Division of Land. Representative Brown WITHDREW DNR
Representative Navarre MOVED DNR #13, $50 thousand dollars
ARLF to start up a program to develop and market virus-free
potatoes. Co-Chair Larson pointed out that the ARLF would
not be an appropriate funding source for the request. DNR
Representative Brown MOVED DNR #14 which would delete the
5.3% increment of $81.6 thousand dollars to the Agricultural
Development component in the Department of Natural
Resources. The purpose of the amendment would be to delete
the remaining increment and maintain the component at the FY
93 funding level. Mr. Bus noted the importance of the
funding increment.
(Tape Change, HFC 93-64, Side 2).
Representative Therriault OBJECTED. Representative Brown
pointed out that there is an additional $100 thousand
dollars included in the capital budget to accomplish the
same concern.
A roll call was taken on the MOTION.
IN FAVOR: Navarre, Brown.
OPPOSED: Hanley, Hoffman, Martin, Parnell,
Therriault, Foster, Grussendorf,
MacLean, Larson.
The MOTION FAILED, (2-9).
Representative Brown MOVED DNR - A - Intent Language
allowing the Department of Natural Resources to fully
implement the Mining Reclamation Act. Representative
Therriault stated that the intent was offered when there was
no program receipt authority. Representative Brown WITHDREW
THE MOTION. There being NO OBJECTION, it was so ordered.
ADJOURNMENT
The meeting adjourned at 6:40 P.M.
HOUSE FINANCE COMMITTEE
12
March 25, 1993
1:30 P.M.
TAPE HFC 93 - 61, Side 1, #000 - end.
TAPE HFC 93 - 61, Side 2, #000 - end.
TAPE HFC 93 - 62, Side 1, #000 - end.
TAPE HFC 93 - 62, Side 2, #000 - end.
TAPE HFC 93 - 63, Side 1, #000 - end.
TAPE HFC 93 - 63, Side 2, #000 - end.
TAPE HFC 93 - 64, Side 1, #000 - end.
TAPE HFC 93 - 64, Side 2, #000 - #224.
CALL TO ORDER
Co-Chair Ron Larson called the meeting of the House Finance
Committee to order at 1:30 P.M.
PRESENT
Co-Chair Larson Representative Brown
Co-Chair MacLean Representative Foster
Vice-Chair Hanley Representative Grussendorf
Representative Hoffman Representative Martin
Representative Navarre Representative Parnell
Representative Therriault
ALSO PRESENT
Representative Fran Ulmer; Senator Suzanne Little; Lloyd G.
Rupp, Commissioner, Department of Corrections; Nico Bus,
Chief, Financial Services, Department of Natural Resources;
Cheryl Frasca, Director, Division of Budget Review, Office
of Management and Budget, Office of the Governor; Joan
Kasson, Fiscal Analyst, Legislative Finance Division; Raga
Elim, Special Assistant, Department of Natural Resources;
Ric Davidge, Director, Division of Water, Department of
Natural Resources; Representative Barnes.
SUMMARY INFORMATION
HB 55 An Act making appropriations for the operating and
loan program expenses of state government and to
capitalize funds; and providing for an effective
date.
HB 56 An Act making appropriations for operating
expenses for certain programs for which the costs
are derived from mandated formulas or criteria,
and for expenses for certain leases and contracts
for state services and operations; and providing
for an effective date.
13
Consideration of Amendments for the Department of
Corrections and the Department of Natural
Resources.
DEPARTMENT OF CORRECTION - AMENDMENTS
REPRESENTATIVE RAMONA BARNES spoke to CORR #1. Co-Chair
Larson MOVED the amendment. Representative Brown OBJECTED
and requested that the five parts of Section #4 be
separated. Co-Chair Larson MOVED Sections #1, #2, #3 and
adopted.
Representative Brown addressed Section #4 explaining that
the Department of Corrections (DOC) would be critically
hindered by its passage. Representative Barnes provided the
Committee with a handout, [Attachment #1], which listed the
separate revised programs stating that it would establish a
system in which to control the Department's spending.
Representative Brown WITHDREW THE OBJECTION.
Representative Navarre OBJECTED. He stated that the
separate appropriations would remove any flexibility the
Department might have. He pointed out that the Legislature
should manage the budget rather than the individual
departments. Representative Barnes replied the Legislature
should assume its constitutional responsibility in
determining where the money is spent.
Representative Navarre emphasized the responsibility of
individual agencies is to have authority over their capital
to move funds around, given that they can justify it through
their record keeping. He added, Wildwood should be
considered one of the institutions which remains open, based
on cost effective options.
LLOYD RUPP, COMMISSIONER, DEPARTMENT OF CORRECTIONS,
explained that the Department of Corrections has provided
the Legislature with a "true" budget needed by that
Department for management flexibility and noted that he did
not support Representative Barnes amendments. In order to
administer the Department on a sound fiscal base, funds need
to be given more flexibility in order to manage with
credibility. Intermediate sanctions require a policy driven
system with trained persons. The proposed budget does not
provide funds for this training which is the basis of any
correctional system in the country. Representative Barnes
disagreed. She pointed out there is an extra $1 million
dollars placed in the FY 93 budget for DOC.
(Tape Change, HFC 93-61, Side 2).
14
REPRESENTATIVE FRAN ULMER provided the Committee with a
handout. [Attachment #2]. She urged the Committee to
reject Section #4 of CORR #1, pointing out that at no time
did the Department of Corrections subcommittee debate
whether or not the amount allocated to each center should be
frozen. There has not been an in depth hearing to determine
that the administrators should be locked into a
predetermined amount.
Representative Ulmer agreed that the Legislature should
protect it's appropriation power. Policy should be set for
appropriation although, it is totally inappropriate for the
Legislature to manage State government. She urged the
Committee not to accept the proposed amendment.
Co-Chair Larson asked the Commissioner if making allocations
rather than appropriations to the DOC budget would be
acceptable, and then making those allocations subject to LBA
audits. Commissioner Rupp asked how he would handle the
immediate costs of moving prisoners without immediately
addressed by LBA. Co-Chair Larson suggested those costs
could be covered through retroactive requests.
Representative Hoffman recommended dividing Section #4 of
CORR #1. Representative Barnes agreed to the division of
the amendment, although noted her concern with how the
budget was written. Commissioner Rupp supported dividing
the allocation reductions, which would then provide the
Department some flexibility.
Representative Hoffman MOVED to amend Section #4, CORR #1
which would allocate $1.2 million dollars among the eight
institutions on a proportionate basis as the original
allocation. There being NO OBJECTION, it was so ordered.
Representative Brown asked how many appropriations were made
to the Department in FY 93.
JOAN KASSON, FISCAL ANALYSTS, LEGISLATIVE FINANCE DIVISION,
replied there were two appropriations which covered
administrative support and community health care. The new
proposal requires an appropriation for each facility.
Representative Barnes stressed that she requested that each
facility be appropriated for individually. Co-Chair Larson
MOVED a language change in Section 4, Part 2, to read
"proportionately" based rather than an "unallocated
reduction".
Representative Navarre asked to divide that question. He
pointed out there is no objection to the dividing the $1.2
million dollars allocated to institutions on a pro rata
basis. The second part of the question would clarify that
all institutions be included in separate appropriations.
15
Representative Brown pointed out that if this section
failed, there would be six appropriations within DOC.
(Tape Change HFC 93-62, Side 1).
Representative Navarre MOVED to divide Section #4, CORR #1.
There being NO OBJECTION, it was divided. The first part of
Section #4 was agreed upon previously. Co-Chair Larson
asked if Part #2 should be a separate appropriation for each
of the eight institutions or if it should be one
appropriation for all twelve institutions. Representative
Barnes stated there would be a separate BRU for each
institution plus additional BRU's for activities within the
Department.
Ms. Kasson explained the way in which the subcommittee
report was adopted, each item would be a separate
appropriation except for:
Administrative Services
Correctional Industries
Institutions
Community Corrections
Representative Ulmer clarified that in the proposed FY 94
DOC budget, there are thirteen appropriations before the
proposed amendment. She pointed out that the University of
Alaska budget has one appropriation. Representative Ulmer
emphasized this is not fair.
A roll call was taken on the MOTION.
IN FAVOR: Hanley, Martin, Parnell, Therriault,
Larson, MacLean, Foster.
OPPOSED: Brown, Navarre, Hoffman.
Representative Grussendorf was not present for the vote.
The MOTION PASSED, (7-3).
Representative Parnell WITHDREW CORR #2. There being NO
OBJECTION, it was so ordered.
Co-Chair Larson MOVED CORR #3. Representative Barnes
explained the amendment would change the funding source for
mental health services in community residential centers from
inter-agency receipts to direct funding. There being NO
OBJECTION, it was so ordered.
Representative Brown MOVED CORR #4. Representative Ulmer
explained the amendment would bring the Southeast Region
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Probation Office back up to the Governor's request.
Probation officers have been significantly understaffed
during the past few years.
Representative Barnes noted her opposition to the amendment.
Commissioner Rupp replied, current case load is 50% over the
capacity of the Department. Co-Chair Larson OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Foster, Hanley, Parnell, Therriault,
MacLean, Larson.
OPPOSED: Grussendorf, Hoffman, Navarre, Brown.
Representative Martin was not present for the vote.
The MOTION FAILED, (4-6).
Representative Brown MOVED CORR #5. Representative Ulmer
explained that the Correctional Industries unit cannot
absorb such a large vacancy factor. Not funding this
amendment will mean ten layoffs during FY 94. All non-
personal expenses of this unit are met through the
Correctional Industries Product Fund. Funding the personnel
costs would be a small price to pay for the return.
Representative Brown pointed out that this is the Governor's
request for an increase, resulting from lawsuit demands to
address educational opportunities in our current prison
system. Representative Barnes objected. Co-Chair Larson
OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Grussendorf, Hoffman, Navarre, Brown.
OPPOSED: Hanley, Parnell, Therriault, Foster,
Larson, MacLean.
Representative Martin was not present for the vote.
The MOTION FAILED, (4-6).
Representative Brown WITHDREW CORR #6. There being NO
OBJECTION, it was so ordered.
Representative Brown MOVED CORR #7. Representative
Therriault OBJECTED. Representative Brown stated the
amendment would allow DOC to function adequately adding
given that they have been hit hard in the past. If the
Department is to be expected to improve in management, the
Division must be adequately staffed. Representative Ulmer
elaborated that given the proposed cuts to DOC the
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Department will be required to do much more paper work, time
and energy. She thought it was criminal to reduce the
administrative staff at the same time as severely cutting
the Department. Representative Grussendorf echoed
Representative Ulmer's concern. Commissioner Rupp concurred
that the Department needs more adequate staffing.
(Tape Change HFC 93-62, Side 2).
A roll call was taken on the MOTION.
IN FAVOR: Hoffman, Navarre, Brown, Grussendorf.
OPPOSED: Martin, Parnell, Therriault, Foster,
MacLean, Larson.
Representative Hanley was not present for the vote.
The MOTION FAILED, (4-6).
Representative Brown MOVED CORR #8. Representative Ulmer
stated the amendment would restore the Correctional Academy
to the level of funding requested by the Governor and will
allow the Department to comply with the training
requirements of the Alaska Police Standards and Department
regulations. Commissioner Rupp commented, the budget is
inadequate to properly train the officers. Representative
Barnes was willing to reconsider adding $100 thousand
dollars above FY 93 funding. Representative Brown MOVED TO
AMEND CORR #8 to have a total restoration of $100 thousand
dollars. Representative Navarre OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Hoffman, Martin, Navarre, Therriault,
Brown, Foster, Larson.
OPPOSED: Navarre, Grussendorf, MacLean.
Representative Hanley was not present for the vote.
The MOTION PASSED, (7-3).
There was NO OBJECTION, to the amended amendment CORR #8, it
was so ordered.
Representative Brown MOVED CORR #9. Representative Ulmer
stated that if the one position in the Department assigned
to deal with women's needs is eliminated, the court and the
inmates will construe that as a sign that the Department is
going back on its commitment to resolve the problems.
Representative Brown pointed out that the State is under
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obligation under the Cleary Lawsuit to equalize programs
available for women. Representative Barnes noted that she
opposed the amendment. Co-Chair MacLean OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Navarre, Brown, Grussendorf, Hoffman.
OPPOSED: Parnell, Therriault, Foster, Hanley,
MacLean, Larson.
Representative Martin was not present for the vote.
The MOTION FAILED, (4-6).
Representative Navarre WITHDREW CORR #10. There being NO
OBJECTION, it was so ordered.
Representative Navarre MOVED CORR #11. Representative Ulmer
pointed out that the Department of Corrections downsized the
Wildwood sentenced facility from 204 to 50 inmates last
year. Due to severe overcrowding conditions in remaining
institutions, they were forced to begin reopening closed
beds and plan to be back up to 204 as soon as staffing was
available. The city of Appleton, Minnesota built a 420 bed
facility in 1992 in hopes of attracting prisoners from
overcrowded facilities in other states in order to create
jobs in Minnesota. The facility is still empty. The
proposed budget will close the Wildwood facility and will
send the 204 prisoners to Minnesota. Representative Parnell
OBJECTED.
(Tape Change, HFC 93-63, Side 1).
Representative Navarre emphasized that the proposed budget
would take economic activity out of the State and give it
elsewhere.
Commissioner Rupp commented the Department has been
investigating the possibility of sending prisoners out of
State. Currently, there are 80 prisoners living out-of-
state. Representative Barnes stated that Wildwood was
downsized for extensive renovation needs and she felt that
it would not be in the interest of the State to pursue
upsizing Wildwood. [Attachment #3]. Discussion followed
between Representative Barnes and Representative Navarre
regarding keeping the prison at Wildwood open versus sending
them to Appleton, Minnesota. Representative Navarre did not
believe that Appleton would be able to house the Alaskan
prisoners for $45/day.
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Commissioner Rupp clarified that Wildwood and the out-of-
state shipment are two separate issues. The master plan
developed by the State over the past two years explains the
need for 500 new beds in Alaska by 1996. Wildwood is an
essential area needed by the State to meet correctional
needs. Representative Ulmer pointed out that with the
proposed changes, the State will be buying a "bunch of
lawsuits". [Attachment #4].
Representative Brown recommended transferring money from
out-of-state contractual into Wildwood in order to keep it
open. She added, the budget structure adopted will hinder
the Department's ability to work prison management and avoid
building a new prison. Representative Brown MOVED to
transfer $3 million dollars from out-of-state contractual
into Wildwood. The amended cost of CORR #11 would be
$1,970.8 million dollars.
(Tape Change, HFC 93-63, Side 2).
Representative Barnes stated her opposition to the proposed
amendment. Representative Navarre provided the Committee
with a memo from Representative Ulmer to the HFC Co-Chairs
regarding the Wildwood Correctional Center dated 3/21/93.
[Attachment #5].
A roll call was taken on the MOTION.
IN FAVOR: Navarre, Brown, Grussendorf, Hoffman.
OPPOSED: Parnell, Therriault, Hanley, Martin,
Larson, MacLean.
Representative Foster was not present for the vote.
The MOTION FAILED, (4-6).
A roll call was taken on the MOTION to adopt CORR #11.
IN FAVOR: Brown, Grussendorf, Hoffman, Navarre.
OPPOSED: Parnell, Therriault, Hanley, Martin,
MacLean, Larson.
Representative Foster was not present for the vote.
The MOTION FAILED, (4-6).
Representative Navarre WITHDREW CORR #12. There being NO
OBJECTION, it was so ordered. [Attachment #6].
Representative Navarre asked for notice of reconsideration
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of all the amendments which failed the DOC budget.
DEPARTMENT OF NATURAL RESOURCES
Co-Chair Larson introduced DNR #1 which would provide $100
thousand dollars for nursery operations. He asked to
withdraw the second and third section of the amendment for a
total of $100 thousand dollars and requested that the
amendment be HELD open for further investigative work.
Representative Navarre MOVED DNR #2. Representative
Therriault OBJECTED. Representative Navarre pointed out the
Office was traditionally funded by interagency receipts.
The funds were switched to general funds without
corresponding general fund reductions to the agency budgets
which had been the original source of funding. The proposal
would return the budget to the prior year format.
NICO BUS, CHIEF, FINANCIAL SERVICES, DEPARTMENT OF NATURAL
RESOURCES, noted that the DNR Public Information Center was
created in February, 1992, there was funding in three
different divisions. In FY 93, the Department proposed to
have the function funded as it was a very important function
in processing permits. He stated that it was the intention
of the Department to fund it through program receipts.
Representative Therriault pointed out that the Commissioner
of DNR recommended that DNR #2 not be approved.
Representative Navarre WITHDREW THE MOTION. There being NO
OBJECTION, it was so ordered.
Representative Brown MOVED DNR #3 stating the move would
restore a pass-through grant to Challenge Alaska who had
received the grant since 1985. Representative Therriault
stated that the subcommittee recommended deleting the
request stating it was not justified. He encouraged the
Committee to fund it through discretionary funds.
Representative Hanley requested that DNR #3 be HELD. There
being NO OBJECTION, it was so ordered.
Representative Brown MOVED DNR #4 and asked that the
amendment be restored to CED #5. The Oil and Gas
Conservation Commission performs critical functions for that
program. It is important that professional expertise be
maintained within the agency so that it can fully comprehend
and understand what the oil industry is doing.
Representative Hanley recommended when switches occur
between the departments, it would be essential to have both
departments present to testify. He asked that DNR #4 be
HELD open. There being NO OBJECTION, it was so ordered.
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Representative Brown stated that DNR #5 would have a
corresponding amendment to CED #4 and would address the
information resource management project. She offered to
HOLD DNR #5 until DCED was present to testify. There being
NO OBJECTION, it was so ordered.
(Tape Change, HFC 93-64, Side 1).
Representative Brown MOVED DNR #6 which would restore the
mining reclamation program for private lands.
Representative Therriault OBJECTED. Representative Parnell
MOVED TO AMEND DNR #6 request to $40 thousand general fund
dollars. Representative Larson OBJECTED.
A roll call was taken on the amended MOTION.
IN FAVOR: Therriault, Brown, Grussendorf, Hanley,
Hoffman, Navarre, Parnell, MacLean.
OPPOSED: Martin, Larson.
Representative Foster was not present for the vote.
The MOTION PASSED, (8-2).
Representative Brown MOVED DNR #7 to restore funding for
Alaska Hydrological Survey Section, dam safety, Water Data
Collection program, and Alaska Water Resources Board.
Representative Therriault OBJECTED stating that the dam
safety would not be impacted by the decrement. Mr. Bus
stated the impact of the reduction would affect the Alaska
Water Resources Board and would come from the
hydroelectrical survey which provides data on many very
important functions. Dam safety is not part of the
reduction.
RIC DAVIDGE, DIRECTOR, DIVISION OF WATER, DEPARTMENT OF
NATURAL RESOURCES, stated that dam safety consists of one
engineer which will not be reduced, although eleven
scientist would be eliminated.
A roll call was taken on the MOTION.
IN FAVOR: Brown, Grussendorf, Navarre.
OPPOSED: Hanley, Hoffman, Martin, Parnell,
Therriault, Larson, MacLean.
Representative Foster was not present for the vote.
The MOTION FAILED, (3-10).
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Representative Therriault MOVED DNR #8 which would provide
$75 thousand dollars for State Fair allocations. Co-Chair
MacLean inquired the previous amount allocated to individual
areas for State fairs. DNR #8 was HELD for further
consideration.
Representative Navarre MOVED DNR #9 which would restore cuts
to the Agricultural Development for State Fairs.
Representative Martin OBJECTED. Representative Navarre
noted the requested amendment would provide the Governor's
recommended funding.
A roll call was taken on the MOTION.
IN FAVOR: Grussendorf, Hoffman, Navarre, Brown,
MacLean.
OPPOSED: Hanley, Martin, Parnell, Therriault,
Larson.
Representative Foster was not present for the vote.
The MOTION FAILED, (5-5).
Representative Navarre MOVED DNR #10 for Representative John
Davies.
RAGA ELIM, SPECIAL ASSISTANT, OFFICE OF THE COMMISSIONER,
DEPARTMENT OF NATURAL RESOURCES, pointed out that DNR #10
would provide important funding in order to make good land
management decisions. Currently, there are resources not
being developed resulting from lack of access.
Representative Therriault OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Grussendorf, Navarre, Brown.
OPPOSED: Hanley, Hoffman, Martin, Parnell,
Therriault, Larson, MacLean.
Representative Foster was not present for the vote.
The MOTION FAILED, (3-7).
Representative Brown asked to HOLD DNR #11 which would
restore funding for oil and gas lease programs for
development. There being NO OBJECTION, it was so ordered.
Representative Brown MOVED DNR #12 would deny the Governor's
FY 94 decrement to the assertion of RS 2477 right-of-ways.
Representative Therriault OBJECTED. Mr Bus explained the
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confusion regarding the reduction. The reduction of $97.4
was for the standards for right-a-way for individuals and
not for the federal right-a-ways. This was a reduction to
the Division of Land. Representative Brown WITHDREW DNR
Representative Navarre MOVED DNR #13, $50 thousand dollars
ARLF to start up a program to develop and market virus-free
potatoes. Co-Chair Larson pointed out that the ARLF would
not be an appropriate funding source for the request. DNR
Representative Brown MOVED DNR #14 which would delete the
5.3% increment of $81.6 thousand dollars to the Agricultural
Development component in the Department of Natural
Resources. The purpose of the amendment would be to delete
the remaining increment and maintain the component at the FY
93 funding level. Mr. Bus noted the importance of the
funding increment.
(Tape Change, HFC 93-64, Side 2).
Representative Therriault OBJECTED. Representative Brown
pointed out that there is an additional $100 thousand
dollars included in the capital budget to accomplish the
same concern.
A roll call was taken on the MOTION.
IN FAVOR: Navarre, Brown.
OPPOSED: Hanley, Hoffman, Martin, Parnell,
Therriault, Foster, Grussendorf,
MacLean, Larson.
The MOTION FAILED, (2-9).
Representative Brown MOVED DNR - A - Intent Language
allowing the Department of Natural Resources to fully
implement the Mining Reclamation Act. Representative
Therriault stated that the intent was offered when there was
no program receipt authority. Representative Brown WITHDREW
THE MOTION. There being NO OBJECTION, it was so ordered.
ADJOURNMENT
The meeting adjourned at 6:40 P.M.
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