Legislature(1999 - 2000)

04/27/2000 04:29 PM Senate 312

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                           MINUTES                                                                                            
           HOUSE AND SENATE CONFERENCE COMMIITTEE                                                                             
                    FOR HB 312 AND HB 313                                                                                     
                       April 27, 2000                                                                                         
                           4:29 PM                                                                                            
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
CC-00 # 7, Side A                                                                                                               
                                                                                                                                
CALL TO ORDER                                                                                                               
                                                                                                                                
Chair Sean Parnell convened the meeting at approximately                                                                        
4:29 PM                                                                                                                         
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Chair Sean Parnell                                                                                                              
Vice-Chair Eldon Mulder                                                                                                         
Senator John Torgerson                                                                                                          
Representative Gene Therriault                                                                                                  
Senator Al Adams                                                                                                                
Representative John Davies                                                                                                      
                                                                                                                                
Also Attending: DAVID TEAL, Director, Division of                                                                             
Legislative Finance                                                                                                             
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
HB 312-APPROPRIATIONS: OPERATING BUDGET                                                                                         
HB 313-APPROPRIATIONS: MENTAL HEALTH                                                                                            
                                                                                                                                
Department of Community and Economic Development                                                                                
Language Section                                                                                                                
Conclusion                                                                                                                      
                                                                                                                                
     SENATE  COMMITTEE  SUBSTITUTE  FOR  COMMITTEE  SUBSTITUTE                                                                  
     FOR HOUSE BILL NO. 312(FIN)                                                                                                
     "An  Act  making  and  amending  appropriations  for  the                                                                  
     operating   and   loan   program    expenses   of   state                                                                  
     government,  for  certain  programs,  and  to  capitalize                                                                  
     funds;   making  appropriations   under  art.   IX,  sec.                                                                  
     17(c),  Constitution  of the  State of  Alaska, from  the                                                                  
     constitutional  budget  reserve fund;  and providing  for                                                                  
     an effective date."                                                                                                        
                                                                                                                                
     AND                                                                                                                        
                                                                                                                                
     SENATE COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE                                                                       
     FOR HOUSE BILL NO. 313(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."                                                                                                        
                                                                                                                                
                                                                                                                                
Co-Chair  Mulder  moved  to formally  allow  the  Division  of                                                                  
Legislative  Finance and  the Division  of Legal and  Research                                                                  
Services  make necessary  technical  corrections. There  being                                                                  
no objection, it was so ordered.                                                                                                
                                                                                                                                
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT                                                                                
                                                                                                                                
Chair  Parnell  reviewed  the  proposed  conference  committee                                                                  
motions  for   the  Department   of  Community  and   Economic                                                                  
Development. [See motion sheets on file.]                                                                                       
                                                                                                                                
AT EASE                                                                                                                         
                                                                                                                                
Representative Mulder  moved to  adopt the items  contained on                                                                  
the motion  sheets. There being  no objection, the  items were                                                                  
ADOPTED.                                                                                                                        
                                                                                                                                
DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT                                                                                   
                                                                                                                                
Chair  Parnell reviewed  the remaining  open  item, Item  #11,                                                                  
Alaska   State  Council   on  the   Arts,   of  the   proposed                                                                  
conference  committee motion for  the Department of  Education                                                                  
and Early Development. [See motion sheets on file.]                                                                             
                                                                                                                                
Vice-Chair  Mulder moved  to  adopt Item  #11  as reviewed  by                                                                  
Chair Parnell and contained on the motion sheets.                                                                               
                                                                                                                                
There being no objection, the item was ADOPTED.                                                                                 
                                                                                                                                
DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT                                                                                   
                                                                                                                                
Chair  Parnell reviewed  the remaining  item,  Item #1,  State                                                                  
Training  Employment  Program,   on  the  proposed  conference                                                                  
committee motions  for the Department  of Labor and  Workforce                                                                  
Development. [See motion sheets on file.]                                                                                       
                                                                                                                                
Vice-Chair Mulder moved to adopt  Item #1 as reviewed by Chair                                                                  
Parnell and  contained on  the motion  sheets. There  being no                                                                  
objection, the item was ADOPTED.                                                                                                
                                                                                                                                
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS                                                                                     
                                                                                                                                
Chair Parnell  reviewed the remaining  items, Item  #4, Alaska                                                                  
Military  Youth Academy,  and Item  #5, Educational  Benefits,                                                                  
of  the   proposed  conference   committee  motions   for  the                                                                  
Department  of  Military  and Veterans  Affairs.  [See  motion                                                                  
sheets on file.]                                                                                                                
                                                                                                                                
Vice-Chair Mulder moved  to adopt Items #4 and  #5 as reviewed                                                                  
by Chair  Parnell and  contained on  the motion sheets.  There                                                                  
being no objection, the items were ADOPTED.                                                                                     
                                                                                                                                
UNIVERSITY OF ALASKA                                                                                                            
                                                                                                                                
Chair  Parnell  reviewed  the  proposed  conference  committee                                                                  
motions for  the University of  Alaska. [See motion  sheets on                                                                  
file.]                                                                                                                          
                                                                                                                                
Chair Parnell  commented on the  increase of $8.6  million. He                                                                  
noted  that the pending,  SB 289  would add  an additional  $4                                                                  
million  university  funding.  He  added  that  the  issue  of                                                                  
employee  contracts is  not addressed  in this  appropriation,                                                                  
but would be addressed separately                                                                                               
                                                                                                                                
Representative  Therriault  asked if  the fiscal  note for  SB
289 had been changed since it was originally written.                                                                           
                                                                                                                                
Senator    Torgerson    responded    that   the    House    of                                                                  
Representatives lowered the allocation to $1.725                                                                                
                                                                                                                                
Vice-Chair  Mulder moved  to adopt  the items  as reviewed  by                                                                  
Chair Parnell and contained on  the motion sheets. There being                                                                  
no objection, the items were ADOPTED.                                                                                           
                                                                                                                                
OFFICE OF THE GOVERNOR                                                                                                          
                                                                                                                                
Co-Chair Parnell  reviewed the  proposed conference  committee                                                                  
motion  for the  Office of  the Governor.  [See motion  sheets                                                                  
on file.]                                                                                                                       
                                                                                                                                
Vice-Chair Mulder  moved to adopt  Item #1 as reviewed  by Co-                                                                  
Chair Parnell and contained on  the motion sheets. There being                                                                  
no objection, the item was ADOPTED.                                                                                             
                                                                                                                                
LEGISLATURE                                                                                                                     
                                                                                                                                
Chair  Parnell  reviewed  the  proposed  conference  committee                                                                  
motions for the Legislature. [See motion sheets on file.]                                                                       
                                                                                                                                
Vice-Chair Mulder moved to adopt  Item #1 as reviewed by Chair                                                                  
Parnell and  contained on  the motion  sheets. There  being no                                                                  
objection, the item was ADOPTED.                                                                                                
                                                                                                                                
LANGUAGE SECTION                                                                                                                
                                                                                                                                
Vice-Chair  Mulder  moved   to adopt   Item  #6,  Section  20.                                                                  
Learning  Opportunity  Grants,  of  the  conference  committee                                                                  
proposed  motion   for  the  Language  section.   [See  motion                                                                  
sheets on file.]                                                                                                                
                                                                                                                                
Senator  Adams moved  to  amend the  language  to change  "ADM                                                                  
multiplied   by  $43.75"  to   "adjusted  ADM  multiplied   by                                                                  
$27.51".  He  expressed  his intent  for  fair  and  equitable                                                                  
treatment for  all children in  Alaska.  He continued  that if                                                                  
this amendment  were adopted,  he would  request the  House of                                                                  
Representatives,  it it's  deliberation of  the FY 01  Capital                                                                  
Budget,   adjust  the   K-12  Education   FY  00  lapse   fund                                                                  
appropriation  by $600,000. He  stated that these  funds could                                                                  
be  reappropriated   to   the  Learning   Opportunity   Grants                                                                  
program.  His   reasoning  was   to  "hold  harmless"   school                                                                  
districts that are expected to learn more.                                                                                      
                                                                                                                                
Chair Parnell requested that the motion be withdrawn.                                                                           
                                                                                                                                
Senator  Adams  withdrew his  motion  to amend  the  language.                                                                  
Vice-Chair Mulder withdrew his motion to adopt Item #6.                                                                         
                                                                                                                                
There  being  no  objection   to  either  motion,  it  was  so                                                                  
ordered.                                                                                                                        
                                                                                                                                
Chair  Parnell  clarified  that  the   language  contained  in                                                                  
"Amendment  to EED  #5" was  originally passed  in the  Senate                                                                  
version of  the bill,  but was incorrectly  inserted  into the                                                                  
legislation.                                                                                                                    
                                                                                                                                
Vice-Chair  Mulder moved  to adopt the  language contained  in                                                                  
Amendment  to   EED  #5,  Section  13.  Learning   Opportunity                                                                  
Grants. [See motion sheets on file.]                                                                                            
                                                                                                                                
Senator  Adams   moved  to  amend  the  language   to  insert,                                                                  
"adjusted"  before  "average  daily  membership"  and  replace                                                                  
"$43.75" with  "$27.51" in that  same sentence. He  noted this                                                                  
would accomplish  the same goal  as his proposed  amendment to                                                                  
Item  #6, and  that  he  also intended  to  propose  follow-up                                                                  
changes to the FY 01 capital budget.                                                                                            
                                                                                                                                
Senator Torgerson and Chair Parnell objected.                                                                                   
                                                                                                                                
Representative  Davies  spoke in  favor of  the amendment.  He                                                                  
stated   that  many   people   had  separated   the   Learning                                                                  
Opportunity   Grants   from  other   school   operations.   He                                                                  
stressed that  the amount of  funds appropriated through  this                                                                  
grant   program  would   actually   effect   the  quality   of                                                                  
education  in  the  classrooms.   He  noted  that  in  smaller                                                                  
school  districts,   the  consequences  of  lower   attendance                                                                  
would have  a greater  effect than in  the larger schools.  He                                                                  
expressed  that  even if  the Fairbanks  school  district  was                                                                  
funded  at  the level  requested  by  the  governor,  teachers                                                                  
would  still  be  laid  off. At  the  level  proposed  by  the                                                                  
legislature,  he warned that more  teachers would be  laid off                                                                  
in  Fairbanks   with  an  even   greater  impact   in  smaller                                                                  
districts.  He  recommended  that the  legislature  should  do                                                                  
all  it   can  to   find  additional   ways  to  help   school                                                                  
districts, which he asserted this amendment would do.                                                                           
                                                                                                                                
Chair   Parnell  countered   that   the   budget  before   the                                                                  
Committee   fully  funds  the   K-12  Education  formula.   In                                                                  
addition,  he  commented,  the  Learning   Opportunity  Grants                                                                  
inserted by  the Senate, provide  an increase to pay  the cost                                                                  
of  supplemental  student instructional  programs  to  improve                                                                  
student   performance   on   the   high    school   graduation                                                                  
examinations.   He  pointed  out  that  this   is  a  one-time                                                                  
appropriation.  He then  commented on  Senator Adams's  intent                                                                  
that  the   excess  funds  be   spent  on  individual   school                                                                  
districts on  a per student basis.  Chair Parnell  stated that                                                                  
the grant  program is  structured to  provide an equal  dollar                                                                  
amount for every pupil.                                                                                                         
                                                                                                                                
Senator Adams  stated that  he was trying  to reach equity  in                                                                  
the funding.  He argued  that the  cost per  student in  rural                                                                  
Alaska  is actually  sixty  cents  on  every dollar  spent  in                                                                  
urban areas.                                                                                                                    
                                                                                                                                
Representative  Davies  asserted   that  equal  and  equitable                                                                  
were two different things.                                                                                                      
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Representative Davies and Senator Adams                                                                               
                                                                                                                                
OPPOSED:   Representative   Therriault,   Senator   Torgerson,                                                                  
Vice-Chair Mulder and Chair Parnell                                                                                             
                                                                                                                                
The motion FAILED (2-4)                                                                                                         
                                                                                                                                
The amendment to EED #5 FAILED to be adopted.                                                                                   
                                                                                                                                
There was  no objection to the  language of EED #5 and  it was                                                                  
ADOPTED.                                                                                                                        
                                                                                                                                
Chair  Parnell reviewed  Item #8,  Section  23. Medicaid  Pro-                                                                  
Share  as  contained   in  the  conference  committee   motion                                                                  
sheets. [See motion sheets on file.]                                                                                            
                                                                                                                                
AT EASE 4:46 PM / 4:49 PM                                                                                                       
                                                                                                                                
Vice-Chair Mulder moved to adopt Item #8.                                                                                       
                                                                                                                                
Chair Parnell noted an amendment to the language.                                                                               
                                                                                                                                
Vice-Chair  Mulder  moved  to  amend  the  motion  to  include                                                                  
amendment 1-LS1304\K.11. [See motion sheets on file.]                                                                           
                                                                                                                                
Without objection Item #8 was AMENDED.                                                                                          
                                                                                                                                
Item #8 as amendment was ADOPTED without objection.                                                                             
                                                                                                                                
Chair  Parnell presented  amendment  1-LS1304\K.10 to  replace                                                                  
the  original   Senate  language  of  proposed   in  Item  #9,                                                                  
Section  27.   Occupational  Licensing,   of  the   conference                                                                  
committee motion sheet. [See motion sheets on file.]                                                                            
                                                                                                                                
Vice-Chair  Mulder moved to  adopt the 1-LS1304\K.10,  amended                                                                  
language  of  Item  #9.  There  being  no  objection,  it  was                                                                  
AMENDED and ADOPTED.                                                                                                            
                                                                                                                                
AT EASE 4:52 PM / 5:00 PM                                                                                                       
                                                                                                                                
Vice-Chair   Mulder   moved   to   rescind    the   conference                                                                  
committee's  earlier action  to adopt subsection  (c)  of Item                                                                  
#11,  Section 33.  Student  Loan  Program, of  the  conference                                                                  
committee motion sheets.                                                                                                        
                                                                                                                                
There being no objection, the action was RESCINDED.                                                                             
                                                                                                                                
Vice-Chair   Mulder   reviewed   and   moved  to   adopt   new                                                                  
subsection  (c)  language  to Item  #11.  [See  motion  sheets                                                                  
attached.]                                                                                                                      
                                                                                                                                
Without objection it was ADOPTED.                                                                                               
                                                                                                                                
Chair  Parnell  clarified  that  subsection  (b) of  Item  #11                                                                  
would be NOT OFFERED.                                                                                                           
                                                                                                                                
Vice-Chair  Mulder moved  to adopt the  language contained  in                                                                  
Item   #13,  Section   42.  University   of   Alaska  of   the                                                                  
conference  committee  motion sheets.  [See  motion sheets  on                                                                  
file.]                                                                                                                          
                                                                                                                                
There being no objection, it was ADOPTED.                                                                                       
                                                                                                                                
Chair  Parnell  reviewed proposed  intent  language  contained                                                                  
in  the  conference  committee motion  sheets  that  reads  as                                                                  
follows. [See motion sheets on file.]                                                                                           
                                                                                                                                
     "For  agencies  in  which  FY01   total  position  counts                                                                  
     exceed   the  respective   FY00  Management  Plan   total                                                                  
     position  counts,   the  FY01  total  position  count  is                                                                  
     reduced to the FY00 Management Plan level."                                                                                
                                                                                                                                
Vice-Chair Mulder moved for adoption.                                                                                           
                                                                                                                                
The language was ADOPTED without objection.                                                                                     
                                                                                                                                
AT EASE 5:05 PM / 7:07 PM                                                                                                       
                                                                                                                                
Chair  Parnell  pointed out  that  budget items  contained  in                                                                  
Category  I   of  the  conference   committee  material,   are                                                                  
components  in  which the  House  of Representatives  and  the                                                                  
Senate agree to the same allocation amounts.                                                                                    
                                                                                                                                
Vice-Chair  Mulder  moved  to adopt  all  items  contained  in                                                                  
Category I.                                                                                                                     
                                                                                                                                
There being no objection, Category I was ADOPTED.                                                                               
                                                                                                                                
OFFICE OF THE GOVERNOR                                                                                                          
                                                                                                                                
Vice-Chair  Mulder  moved  to reopen  the  Governor's  budget.                                                                  
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Vice-Chair Mulder  moved to rescind  action on Item  #2, Human                                                                  
Rights  Commission  component,  on  the  conference  committee                                                                  
motion sheets. [See motion sheets on file.]                                                                                     
                                                                                                                                
There being no objection, the earlier action was RESCINDED.                                                                     
                                                                                                                                
Vice-Chair Mulder moved to adopt the Senate appropriation.                                                                      
                                                                                                                                
Without objection, the Senate allocation was ADOPTED.                                                                           
                                                                                                                                
Chair Parnell  reviewed amendment  1-LS1304\K.14, relating  to                                                                  
debt retirement. [See motion sheets on file.]                                                                                   
                                                                                                                                
Vice-Chair Mulder moved to adopt the amendment.                                                                                 
                                                                                                                                
There being no objection, it was ADOPTED.                                                                                       
                                                                                                                                
AT EASE 7:10 PM / 7:18 PM                                                                                                       
                                                                                                                                
FISCAL NOTES                                                                                                                    
                                                                                                                                
Co-Chair  Parnell referred  to  a spreadsheet  titled,  Fiscal                                                                  
Notes,   Conference   Committee,   21st     Legislature,   2nd                                                                  
Session, dated 4/27/00 6:19 PM. [Copy on file.]                                                                                 
                                                                                                                                
Vice-Chair Mulder  moved to adopt  the fiscal notes  contained                                                                  
on the summary.                                                                                                                 
                                                                                                                                
There being no objection, it was ADOPTED.                                                                                       
                                                                                                                                
LANGUAGE SECTION                                                                                                                
                                                                                                                                
Chair  Parnell  reviewed  the  amendment   titled,  Conference                                                                  
Committee (Fiscal  Notes) and amended  the wording  to include                                                                  
the bill  numbers, HB 312  and HB 313.  [See motion  sheets on                                                                  
file.]                                                                                                                          
                                                                                                                                
Vice-Chair Mulder moved to adopt the amendment as amended.                                                                      
                                                                                                                                
There being no objection, it was ADOPTED.                                                                                       
                                                                                                                                
Mr. Teal  pointed out  that the conference  committee  had not                                                                  
addressed   the   intent   language  for   the   Division   of                                                                  
Occupation  Licensing,  the  Worker's  Compensation   program,                                                                  
the  Occupational Safety  and  Health Administration  and  the                                                                  
Department of Fish and Game, Boards of Fisheries and Game.                                                                      
                                                                                                                                
Chair Parnell stated that the decision was made to not                                                                          
address those issues.                                                                                                           
                                                                                                                                
Chair Parnell thanked all conference committee members. He                                                                      
said goodbye to the retiring Senator Adams.                                                                                     
                                                                                                                                
Vice-Chair Mulder thanked Senator Adams and Chair Parnell,                                                                      
who was also retiring from public service, for their work                                                                       
in the legislature.                                                                                                             
                                                                                                                                
Vice-Chair Mulder moved to adopt all items adopted, report                                                                      
back to each body, and close the conference committee on HB
312 and HB 313.                                                                                                                 
                                                                                                                                
Without objection it was so ordered.                                                                                            
ADJOURNED                                                                                                                   
                                                                                                                                
Chair Parnell adjourned the meeting at 7:23 PM.                                                                                 

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