Legislature(2011 - 2012)

04/22/2011 04:10 PM Joint HB108


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               27th ALASKA STATE LEGISLATURE                                                                                    
                        1st SESSION                                                                                             
         CONFERENCE COMMITTEE ON HB 108 and HB 109                                                                              
                       April 22, 2011                                                                                           
                                                                                                                                
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Representative Hoffman called the Conference Committee                                                                          
meeting on HB 108 and HB 109 to order at                                                                                        
                                                                                                                                
4:10:48 PM                                                                                                                    
                                                                                                                                
MEMBERS PRESENT:                                                                                                              
                                                                                                                                
Senate:                                                                                                                         
     Senator Lyman Hoffman, Vice Chair                                                                                          
     Senator Bert Stedman, Member                                                                                               
     Senator Joe Thomas, Member                                                                                                 
                                                                                                                                
House:                                                                                                                          
     Representative Bill Thomas, Chair                                                                                          
     Representative Bill Stoltze, Member                                                                                        
     Representative Les Gara, Member                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
David Teal,  Director, Legislative  Finance Division;  fiscal                                                                   
analysts  with  the  Office  of  Management  and  Budget  and                                                                   
Legislative Finance Division; and  aides to committee members                                                                   
and other members of the Legislature.                                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 108    APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
                                                                                                                                
          CCSHB 108(FIN) was HEARD and HELD in Committee                                                                        
          for further consideration.                                                                                            
                                                                                                                                
HB 109    APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
          CCSHB 109(FIN) was HEARD and HELD in Committee                                                                        
          for further consideration.                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 108(FIN)                                                                                                
                                                                                                                                
     "An Act making appropriations for the operating and loan                                                                   
     program  expenses of  state government  and for  certain                                                                   
     programs,  capitalizing funds,  amending appropriations,                                                                   
     and  making  reappropriations;   and  providing  for  an                                                                   
     effective date."                                                                                                           
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 108(FIN) am S                                                                             
                                                                                                                                
     "An Act making appropriations for the operating and loan                                                                   
     program  expenses of  state government  and for  certain                                                                   
     programs,  capitalizing funds,  amending appropriations,                                                                   
     and  making  reappropriations;   and  providing  for  an                                                                   
     effective date."                                                                                                           
                                                                                                                                
and                                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 109(FIN)                                                                                                
                                                                                                                                
     "An  Act  making appropriations  for  the operating  and                                                                   
     capital expenses of the state's integrated comprehensive                                                                   
     mental  health program; and  providing for  an effective                                                                   
     date."                                                                                                                     
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN)                                                                                  
                                                                                                                                
     "An  Act  making appropriations  for  the operating  and                                                                   
     capital expenses of the state's integrated comprehensive                                                                   
     mental  health program; and  providing for  an effective                                                                   
     date."                                                                                                                     
                                                                                                                                
4:11:00 PM                                                                                                                    
                                                                                                                                
Chairman Thomas welcomed the committee.                                                                                         
                                                                                                                                
4:11:42 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Hoffman   MOVED    to   ADOPT   the   chairman's                                                                   
recommendation on the following Items for the Department of                                                                     
Education and Early Development:                                                                                                
                                                                                                                                
     Item  12  - House  plus  $1,250,000;  Item 13  -  Senate                                                                   
     minus  $300 thousand,  with $700  thousand as OTI;  Item                                                                   
     14  -  House; Item  15  -  Senate minus  $180  thousand;                                                                   
     Items 16,  17 and 18  - Senate; Item  19 - Senate  minus                                                                   
     $3,721,900;  Item  20  -  Vice-Chair  Hoffman  MOVED  to                                                                   
     accept  the  Senate's  structure   creating  a  separate                                                                   
     appropriation  for  the Performance  Scholarship  awards                                                                   
     and to adopt a funding level of $4.5 million.                                                                              
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:12:59 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Hoffman   MOVED    to   ADOPT   the   chairman's                                                                   
recommendation on  the following Items for the  Department of                                                                   
Labor and Workforce Development:                                                                                                
     Item 2 - Senate minus $625 thousand.                                                                                       
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:13:24 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Hoffman   MOVED    to   ADOPT   the   chairman's                                                                   
recommendation on  the following Items for the  Department of                                                                   
Natural Resources:                                                                                                              
                                                                                                                                
     Item 7 - Senate.                                                                                                           
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                              
4:13:45 PM                                                                                                                  
                                                                                                                              
Vice-Chair   Hoffman   MOVED    to   ADOPT   the   chairman's                                                                   
recommendation on  the following Items for the  Department of                                                                   
Public Safety:                                                                                                                  
                                                                                                                                
     Item 4 - Senate; Item 6 - Senate minus $100 thousand.                                                                      
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:14:03 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Hoffman   MOVED    to   ADOPT   the   chairman's                                                                   
recommendation on  the following Items for the  University of                                                                   
Alaska.                                                                                                                         
                                                                                                                              
     Items 1, 2  and 3 - Senate; Items 4 and  5 - House; Item                                                                   
     6  -  Senate; Item  7-  Senate  minus $192,600  and  two                                                                   
     Permanent Full  Time Positions; Item 8 -  House deleting                                                                   
     the words "Individual  Technology Based Math;"  Item 9 -                                                                   
     Line  1 -  Senate; Line  2  - House  minus $25  thousand                                                                   
     with the  words "Research Academy Engineering"  deleted;                                                                   
     Item 10 - Senate; Item 11 - Senate; Item 12 - House;                                                                       
     Items 13 and 14 - Senate.                                                                                                  
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:15:24 PM                                                                                                                  
                                                                                                                              
Vice-Chair   Hoffman   MOVED    to   ADOPT   the   chairman's                                                                   
recommendation   on  the   following  Items   for  the   Fund                                                                   
Transfers:                                                                                                                      
                                                                                                                                
    Items 1, 2, 3, 4, 5 and 6 - Senate; Item 7 - House.                                                                         
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:15:52 PM                                                                                                                    
                                                                                                                                
          House and Senate Versions of HB 108                                                                                   
               LANGUAGE SUBJECT TO CONFERENCE                                                                                 
                                                                                                                              
                                                                                                                              
Item 1-No selection required-See Revenue item 4                                                                             
                                                                                                                              
House                                                                                                                         
     Sec. 9. (e)  The amount necessary to pay the custody,                                                                    
investment  management,  and third-party  fiduciary  fees  of                                                                   
the Alaska  permanent fund  (art. IX,  sec. 15,  Constitution                                                                   
of  the State  of  Alaska),  not  to exceed  $95,300,000,  is                                                                   
appropriated  for  that  purpose  from the  receipts  of  the                                                                   
Alaska  Permanent Fund  Corporation to  the Alaska  Permanent                                                                   
Fund Corporation for the fiscal year ending June 30, 2012.                                                                      
                                                                                                                                
Senate                                                                                                                        
 None                                                                                                                           
                                                                                                                                
                                                                                                                                
Item 2                                                                                                                      
                                                                                                                              
House                                                                                                                         
None                                                                                                                            
                                                                                                                                
Senate                                                                                                                        
     Sec. 12. DEPARTMENT OF COMMERCE, COMMUNITY, AND                                                                          
ECONOMIC  DEVELOPMENT.  (n)  The  amount  of  $20,000,000  is                                                                   
appropriated  from  the general  fund  to the  Department  of                                                                   
Commerce, Community,  and Economic Development  for community                                                                   
revenue  sharing   payments  for   the  fiscal  year   ending                                                                   
June 30,  2012,  to  be  distributed  proportionally  to  the                                                                   
amounts  received  by  communities   under  AS 29.60.855  and                                                                   
29.60.860.                                                                                                                      
                                                                                                                              
     Sec.   13.    DEPARTMENT   OF   EDUCATION    AND   EARLY                                                                 
DEVELOPMENT.      (b)     The   amount  of   $20,000,000   is                                                                   
appropriated  from  the general  fund  to the  Department  of                                                                   
Education and  Early Development  for the fiscal  year ending                                                                   
June 30, 2012,  to be distributed  as state aid  to districts                                                                   
according to the  average daily membership for  each district                                                                   
adjusted under AS 14.17.410(b)(1)(A) - (D).                                                                                     
                                                                                                                                
     Sec.  39. CONDITIONAL  EFFECT.  The appropriations  made                                                                 
in secs.  12(n) and 13(b) of  this Act are contingent  on the                                                                   
enactment into  law in 2011 of  a version of Senate  Bill No.                                                                   
97.                                                                                                                             
                                                                                                                              
   The effective date of sections 12(n), 13(b) and 39 is                                                                        
   June 30, 2011.                                                                                                               
                                                                                                                                
                                                                                                                                
Item 3-No selection required-See Governor items 2 and 3                                                                     
                                                                                                                              
House                                                                                                                         
None                                                                                                                            
                                                                                                                              
Senate                                                                                                                        
     Sec. 20. (f)  The sum of $2,600,000 is appropriated                                                                      
from the general  fund to the Office of the  Governor for the                                                                   
purpose of  implementing a  domestic violence initiative  for                                                                   
the fiscal year ending June 30, 2012.                                                                                           
     (g)  The sum of $300,000 is appropriated from the                                                                          
general fund  to the Office of  the Governor for  the purpose                                                                   
of providing  appropriate  trauma-informed behavioral  health                                                                   
intervention  and treatment services  to victims  of domestic                                                                   
violence  or  sexual  assault  for  the  fiscal  year  ending                                                                   
June 30, 2012.                                                                                                                  
                                                                                                                                
                                                                                                                                
Item 4-No selection  required-See Fund Transfers  items 6 and                                                               
7                                                                                                                           
                                                                                                                              
                                                                                                                              
Senate                                                                                                                        
     Sec. 24. (m)  The amount of punitive damages deposited                                                                   
into the  general fund under  AS 09.17.020(j) for  the fiscal                                                                   
years   ending   June 30,  2007,   through   June 30,   2012,                                                                   
estimated to  be $120,000, is  appropriated from  the general                                                                   
fund to the civil legal services fund (AS 37.05.590).                                                                           
      (n)  The unexpended and unobligated balance on                                                                            
June 30,  2011,  of  the  accounts   of  the  Alaska  Housing                                                                   
Capital  Corporation,  a  subsidiary of  the  Alaska  Housing                                                                   
Finance  Corporation  created under  AS 18.56.086,  estimated                                                                   
to be  $387,178,400, is  appropriated to  the budget  reserve                                                                   
fund (AS 37.05.540(a)).                                                                                                         
                                                                                                                                
                                                                                                                                
Item 5-No selection required-See Fund Transfers items 1-5                                                                   
                                                                                                                              
                                                                                                                              
Senate                                                                                                                        
   * Sec. 25.  ADDITIONAL FUND TRANSFERS. (a)  The unexpended                                                                 
and unobligated  balance on October  31, 2010, of  the former                                                                   
regional   cruise   ship   impact   fund   (AS 43.52.230(c)),                                                                   
repealed  by sec.  12, ch.  101,  SLA 2010,  estimated to  be                                                                   
$3,259,900,   is  appropriated   to  the  commercial   vessel                                                                   
passenger tax account (AS 43.52.230(a)).                                                                                        
     (b)  The sum of $22,659,900 is appropriated from the                                                                       
general  fund  to  the  large  passenger  vessel  gaming  and                                                                   
gambling   tax  account  (AS 43.35.220)   established   as  a                                                                   
subaccount  within   the  commercial  vessel   passenger  tax                                                                   
account (AS 43.52.230(a)).                                                                                                      
     (c)  The sum of $400,000,000 is appropriated from the                                                                      
general fund  to the power  cost equalization  endowment fund                                                                   
(AS 42.45.070(a)).                                                                                                              
     (d)  The sum of $60,000,000 is appropriated from the                                                                       
general  fund to  the  Alaska  marine highway  system  vessel                                                                   
replacement fund (AS 37.05.550).                                                                                                
     (e)  The sum of $1,000,000,000 is appropriated from                                                                        
the    general   fund    to   the    budget   reserve    fund                                                                   
(AS 37.05.540(a)).                                                                                                              
                                                                                                                                
   The effective date of section 25 is June 30, 2011.                                                                           
was heard and HELD in Committee for further consideration.                                                                    
Item  6-No  selection  required-Language  will  be  added  if                                                                 
Senate is selected for Labor item 8                                                                                           
                                                                                                                              
House                                                                                                                         
None                                                                                                                            
                                                                                                                              
Senate                                                                                                                        
     Sec. 29. SALARY AND BENEFIT ADJUSTMENTS. (4)  Alaska                                                                     
Vocational Technical  Center Teachers' Association,  National                                                                   
Education  Association,  representing  the employees  of  the                                                                   
Alaska Vocational Technical Center;                                                                                             
                                                                                                                                
            House and Senate Versions of HB 109                                                                               
               LANGUAGE SUBJECT TO CONFERENCE                                                                                 
                                                                                                                              
Item 8-Salary and Benefit Adjustments                                                                                       
                                                                                                                              
House (Sec.  8) and  Senate (Sec. 9):  Although there  are no                                                                 
language  section differences  between the  House and  Senate                                                                   
versions  of HB  109, the  Conference Committee  may want  to                                                                   
revise  the  following  language to  incorporate  salary  and                                                                   
benefit adjustments  if new agreements between  the State and                                                                   
additional collective bargaining units are reached.                                                                             
                                                                                                                              
                                                                                                                              
   * SALARY  AND BENEFIT ADJUSTMENTS. (a)  The appropriations                                                                 
made in  sec. 1 of  this Act include  amounts for  salary and                                                                   
benefit  adjustments  for  public  officials,  officers,  and                                                                   
employees  of  the  executive  branch,  Alaska  Court  System                                                                   
employees,  employees  of the  legislature,  and  legislators                                                                   
and  to  implement  the  terms for  the  fiscal  year  ending                                                                   
June 30,  2012,   of  the  following  collective   bargaining                                                                   
agreements:                                                                                                                     
          (1)  Alaska Public Employees Association, for the                                                                     
confidential unit;                                                                                                              
          (2)  Alaska Public Employees Association, for the                                                                     
supervisory unit;                                                                                                               
          (3)  Alaska State Employees Association, for the                                                                      
general government unit;                                                                                                        
          (4)  Public Employees Local 71, for the labor,                                                                        
trades and crafts unit;                                                                                                         
          (5)  Alaska Correctional Officers Association,                                                                        
representing correctional officers; and                                                                                         
          (6)  Teachers' Education Association of Mt.                                                                           
Edgecumbe.                                                                                                                      
     (b)  Appropriations made in sec. 1 of this Act for                                                                         
salary and  benefit adjustments as  described in (a)  of this                                                                   
section  are  for  the  benefit  of  the  state's  integrated                                                                   
comprehensive   mental  health  program   only  and   do  not                                                                   
necessarily  affect every  group of  noncovered employees  or                                                                   
every  collective  bargaining  unit  listed in  (a)  of  this                                                                   
section.                                                                                                                        
                                                                                                                                
4:16:45 PM                                                                                                                  
                                                                                                                                
MOTION   NEEDED  TO   INCORPORATE   RECENT  BARGAINING   UNIT                                                                 
AGREEMENTS AND ASSOCIATED  FUNDING requested by  OMB on April                                                                 
6, and April 13.                                                                                                              
                                                                                                                              
                                                                                                                                
Amendment for Committee should include:                                                                                       
   ¾Revised Lang CC Sheet                                                                                                      
   ¾Agency Summary w/Funding - Conf Committee Structure                                                                      
                                                                                                                                
                                                                                                                                
Vice-Chair Hoffman  moved to  adopt item #  6, as  revised on                                                                   
                                                                                                                                
April 15 "Language Subject to Conference" motion sheet.                                                                       
                                                                                                                                
                                                                                                                                
Chairman Thomas objected for clarification.                                                                                   
                                                                                                                                
                                                                                                                              
                                                                                                                                
Vice-Chair  Hoffman   stated  that  Item  #   6  incorporates                                                                   
                                                                                                                                
additional   subsections    for   recent    bargaining   unit                                                                   
                                                                                                                                
agreements:  This  motion  includes $7,751.8  of  funding  to                                                                   
                                                                                                                                
implement the  terms of those  agreements in the  departments                                                                   
                                                                                                                                
of  Public  Safety, Transportation,  and  the  University  of                                                                   
                                                                                                                                
Alaska. For  more information,  see the "Agency  Summary with                                                                   
                                                                                                                                
Funding" LFD report attached to this motion sheet.                                                                              
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
                                                                                                                              
Item 7                                                                                                                      
                                                                                                                              
House                                                                                                                         
None                                                                                                                            
                                                                                                                                
Senate                                                                                                                        
     Sec.  37. LAPSE  EXTENSION.  The appropriation  made  in                                                                 
sec. 2,  ch. 41,  SLA 2010, page  51, lines 18  - 20,  to the                                                                   
legislature  for  the  Alaska   Northern  Waters  Task  Force                                                                   
lapses June 30, 2012.                                                                                                           
                                                                                                                              
The effective date of section 37 is June 30, 2011.                                                                              
                                                                                                                              
4:17:50 PM                                                                                                                  
                                                                                                                              
            House and Senate Versions of HB 109                                                                               
               LANGUAGE SUBJECT TO CONFERENCE                                                                                 
                                                                                                                              
Item 8-Salary and Benefit Adjustments                                                                                       
                                                                                                                              
House (Sec.  8) and  Senate (Sec. 9):  Although there  are no                                                                 
language  section differences  between the  House and  Senate                                                                   
versions  of HB  109, the  Conference Committee  may want  to                                                                   
revise  the following  language  to  mirror the  language  in                                                                   
item 6.                                                                                                                         
                                                                                                                              
                                                                                                                              
   * SALARY  AND BENEFIT ADJUSTMENTS. (a)  The appropriations                                                                 
made in  sec. 1 of  this Act include  amounts for  salary and                                                                   
benefit  adjustments  for  public  officials,  officers,  and                                                                   
employees  of  the  executive  branch,  Alaska  Court  System                                                                   
employees,  employees  of the  legislature,  and  legislators                                                                   
and  to  implement  the  terms for  the  fiscal  year  ending                                                                   
June 30,  2012,   of  the  following  collective   bargaining                                                                   
agreements:                                                                                                                     
          (1)  Alaska Public Employees Association, for the                                                                     
confidential unit;                                                                                                              
          (2)  Alaska Public Employees Association, for the                                                                     
supervisory unit;                                                                                                               
          (3)  Alaska State Employees Association, for the                                                                      
general government unit;                                                                                                        
          (4)  Public Employees Local 71, for the labor,                                                                        
trades and crafts unit;                                                                                                         
          (5)  Alaska Correctional Officers Association,                                                                        
representing correctional officers; and                                                                                         
          (6)  Teachers' Education Association of Mt.                                                                           
Edgecumbe.                                                                                                                      
     (b)  Appropriations made in sec. 1 of this Act for                                                                         
salary and  benefit adjustments as  described in (a)  of this                                                                   
section  are  for  the  benefit  of  the  state's  integrated                                                                   
comprehensive   mental  health  program   only  and   do  not                                                                   
necessarily  affect every  group of  noncovered employees  or                                                                   
every  collective  bargaining  unit  listed in  (a)  of  this                                                                   
section.                                                                                                                        
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:18:07 PM                                                                                                                  
                                                                                                                              
Vice-Chair   Hoffman   MOVED    to   ADOPT   the   chairman's                                                                   
recommendation on  the following Items for the  Mental Health                                                                   
budget:                                                                                                                         
                                                                                                                                
     Items 1, 2 and 3 - Senate; Item 4 - House; Items 5, 6                                                                      
     and 7 - Senate.                                                                                                            
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:18:29 PM                                                                                                                    
                                                                                                                                
Chairman  Thomas addressed  the fiscal  notes attached  to HB
108.                                                                                                                            
                                                                                                                                
Vice-Chair   Hoffman   MOVED    to   ADOPT   the   chairman's                                                                   
recommendation  on the  following Items  for the FY12  Fiscal                                                                   
Notes Adopted  by the  conference committee  Section 2  dated                                                                   
April 22, 2011.                                                                                                                 
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Chairman  Thomas  stated  that the  committee  instructs  the                                                                   
secretary to  forward the notes  to the Senate  Secretary and                                                                   
Chief  Clerk  for  posting  on BASIS  upon  adoption  of  the                                                                   
conference  committee  report by  the  House and  Senate.  He                                                                   
stated that  one outstanding  fiscal note  must be  addressed                                                                   
by the conference committee (HB 106).                                                                                           
                                                                                                                                
4:19:22 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Hoffman    MOVED   that   the    $500   thousand                                                                   
appropriation made  in Section 2,  associated with SB  84 for                                                                   
teaching   and   learning   support    student   and   school                                                                   
achievement  allocations be given  a lapse  date of  June 30,                                                                   
2014.                                                                                                                           
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:19:46 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Hoffman  thanked   Chairman  Thomas's  staff  and                                                                   
cooperation with the Conference Committee.                                                                                      
                                                                                                                                
CCSHB 108(FIN)  was HEARD and  HELD in Committee  for further                                                                   
consideration.                                                                                                                  
                                                                                                                                
CCSHB 109(FIN)  was HEARD and  HELD in Committee  for further                                                                   
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
4:20:38 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:20 PM.                                                                                           

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