Legislature(1995 - 1996)

04/09/1996 10:20 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                             MINUTES                                           
                    SENATE FINANCE COMMITTEE                                   
                          9 April 1996                                         
                           10:20 A.M.                                          
  TAPES                                                                        
                                                                               
  SFC-96, # 69, Sides 1 & 2                                                    
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Senator Steve  Frank, co-chairman, convened  the meeting  at                 
  approximately 10:20 A.M.                                                     
                                                                               
  PRESENT                                                                      
                                                                               
  Co-chairman  Frank  along   with  co-chairman  Halford   and                 
  Senators Rieger and  Phillips were present when  the meeting                 
  convened.    Senators  Zharoff,  Donley  and Sharp  did  not                 
  attend.                                                                      
                                                                               
  Also Attending:  Joseph L. Perkins, Commissioner, Department                 
  of Transportation  and Public  Facilities; Barbara  Ritchie,                 
  Deputy Attorney General, Civil Division, Department  of Law;                 
  Nancy  Slagle, Director,  Office of  Management and  Budget;                 
  Laurie H. Otto, Deputy Attorney General, Criminal  Division,                 
  Department  of  Law;  Jim Nordlund,  Director,  Division  of                 
  Public Assistance, Department  of Health &  Social Services;                 
  Karen Perdue, Commissioner,  Department of  Health &  Social                 
  Services;  Bob  Baratko,  Director  Administrative  Services                 
  Division,  Department  of  Revenue; Mike  Greany,  Director,                 
  Division  of Legislative  Finance;  and  aides to  committee                 
  members.                                                                     
                                                                               
  Craig  Tillery,  Environmental   Section,  Civil   Division,                 
  Department of Law testified via teleconference.                              
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  CS FOR HOUSE BILL NO. 468(FIN) am                                            
  "An Act making supplemental  appropriations for the expenses                 
  of  state government and making and amending appropriations;                 
  ratifying certain state  expenditures; and providing for  an                 
  effective date."                                                             
                                                                               
  Senator Halford moved  SCS CSHB 468(FIN), draft, and  it was                 
  adopted for work purposes.   Co-chairman Frank reviewed CSHB
  468 FY 96 supplemental appropriations for committee members.                 
  Senator Halford moved  amendment to section  8(a) requesting                 
  source changes  for additional  judgments in  the amount  of                 
  $199,096 and amendment to section 14(a) for additional stale                 
  dated  warrant  in  the  amount of  $43,563  and  they  were                 
  adopted.   The above-listed  individuals answered  questions                 
  posed  by the  committee.   Senator  Halford moved  SCS CSHB
  468(FIN)  and  without objection  it  was reported  out with                 
                                                                               
                                                                               
  individual recommendations.                                                  
                                                                               
                                                                               
       CS FOR HOUSE BILL NO. 468(FIN) am                                       
       "An  Act  making  supplemental  appropriations for  the                 
  expenses  of  state  government  and  making  and   amending                 
  appropriations;     ratifying  certain  state  expenditures;                 
  and providing for an     effective date."                                    
                                                                               
  Co-chairman Frank convened the meeting.  He  reviewed HB 468                 
  for the committee  referring to the following  sections that                 
  were not included:  Section 1 referred to the grants to  the                 
  longevity  bonus.     The  administration  has  submitted  a                 
  longevity bonus  supplemental for  $1.6 million.   Next  was                 
  Kluti-Kaah  supplemental  appropriations  for $8.3  million.                 
  That had not been  included at this time because  the tribal                 
  issue  was  still being  researched.    The  next  item  not                 
  included was the grant to Alaska Legal Services Corporation.                 
  Section  4,  extension  of  lapsed  date  for   DOE  on  the                 
  appropriation  for the  foundation formula  was  included as                 
  requested  by  the Governor.    The  way it  was  planned to                 
  structure the disparity issue for 1996 and 1997 is in SB 244                 
  to  increase  the  deduct  from  95%   as  proposed  by  the                 
  administration  to 96%  to  make it  revenue neutral  and to                 
  apply  it to FY 96, negating the  need for this section, and                 
  that  was  why  the  above  sections  were left  out.    The                 
  administration's  memo dated  yesterday does  not  have that                 
  reflected because SB 244 has not passed yet and it  would be                 
  premature  to take that out.  The next area of difference is                 
  section 6(b) which was a request for navigable water support                 
  in habitat and  also wildlife conservation for  $150,000 and                 
  $200,000.    This  request  was  put in  by  Senate  Finance                 
  Committee, recommended by Senator Frank.  Section 8  was the                 
  Department of Law's judgments and  claims received after the                 
  house had considered their request.  Section 9, Military and                 
  Veterans retirement fund was increased  from $6.5 million to                 
  $8 million which would  allow a $1 million reduction  in the                 
  Governor's  budget request  for FY 97.   Section  10(b) also                 
  applied to navigable waters under  the Department of Natural                 
  Resources for  $270,000.  Section  11(a) the amount  for the                 
  increased lease costs for  AHFC were reduced from  $198.2 to                 
  $150,000.   The next area  was the  Permanent Fund  Dividend                 
  Division.  The House had not received their request.  It was                 
  reduced  down  to  $103.8.    DOTPF,  Copper  River  Highway                 
  Restoration, for which a recommendation was  not put in.  He                 
  referred  to a memo  from the Commissioner  of Department of                 
  Transportation   dated   the   day   before   with   further                 
  explanation.     Section 13 was a salary  and benefits study                 
  for $500,000 put in at the request of Representative Hanley.                 
  It will be up to the LBA committee to decide this matter and                 
  Senator Phillips asked  that a  time frame limit  be put  on                 
  this matter.  Section 14 was  stale dated warrants.  Section                 
                                                                               
                                                                               
  15 was a  ratification of prior year expenditures which were                 
  not  received  in  time  for  consideration  by  the  house.                 
  Department of Public Safety for $1.1 and the Legislature for                 
  $1,000 were also included.                                                   
                                                                               
  Commissioner Joe Perkins was invited  to join the committee.                 
  He explained the  Copper River Restoration and  said further                 
  comments would come from Craig Tillery via teleconference or                 
  Barbara  Ritchie who was also invited to join the committee.                 
                                                                               
                                                                               
  Craig Tillery  testified via  teleconference.   He explained                 
  section 12  and  restoration  activities  which  cost  about                 
  $720,000.  Other  costs included $20,000 for  public service                 
  announcements and $40,000 for environmental training for DOT                 
  staff.  There was  damage to the northern part of the Copper                 
  River Highway   and also the  existing road bed while  being                 
  worked on in 1991.  Part of the settlement included that the                 
  Department of Justice  agreed to not seek restoration of the                 
  southern half of work.   Restoration was set up  that if the                 
  legislature did not fund these  activities by September 1998                 
  the settlement will become null and void and litigation will                 
  be resumed.   The next part of  the settlement would be  for                 
  costs and  attorney fees  arising out  of settlements.   The                 
  money would not be used to sue the State of Alaska.                          
                                                                               
  Nancy  Slagle, OMB  was invited  to  join the  committee and                 
  referred  to  a memo  dated  9  April 1996  which  asked for                 
  changes to sections of the  bill dealing with the Department                 
  of   Law,   judgments   and   claims,   and  Department   of                 
  Administration, stale dated warrants.                                        
                                                                               
  Barbara Ritchie, Department of Law, referred to items 18 and                 
  19 which both  arise out of  an appeal  of a local  boundary                 
  decision regarding the  incorporation of  the City of  Pilot                 
  Point.    The first  item totalling  $6,051.  is out  of the                 
  Supreme  Court  case and  the  second  item  refers  to  the                 
  Superior Court case.   The state did prevail on Title 29 for                 
  the  levying of taxes.   The  amount of  reasonable attorney                 
  fees is being  paid by the State  of Alaska and the  City of                 
  Pilot Point in equal halves.                                                 
                                                                               
  Laurie  Otto,  Department of  Law  was invited  to  join the                 
  committee.  She  referred to work done on the  Cleary case.                  
  Most of the fees  were related to litigation of  the State's                 
  decision  to  transfer  inmates  to  a private  facility  in                 
  Arizona.   This litigation  is still  ongoing.   She further                 
  explained  the  historical 1983  federal  Cleary case.   The                 
  State won  on the temporary restraining order  and the issue                 
  of  whether  it is  permitted  or  not has  been  argued and                 
  briefed  but  presently  is still  pending  decision  by the                 
  Court.  The  amount presently  pending before the  committee                 
  was for Court ordered full attorney fees.                                    
                                                                               
                                                                               
  Senator  Halford  moved  SCS CSHB  468(FIN)  work  draft and                 
  without objection  it was  adopted.   Senator Halford  moved                 
  amendment  to section  8(a)  requesting  source changes  for                 
  additional  judgments   in  the  amount   of  $199,096.  and                 
  amendment  to  section  14(a)  for  additional  stale  dated                 
  warrant in the amount of $43,563. and without objection they                 
  were adopted.                                                                
                                                                               
  Karen  Perdue, Commissioner,  Department  Health and  Social                 
  Services  and Jim  Nordlund,  Director,  Division of  Public                 
  Assistance were invited to join the committee.  Mr. Nordlund                 
  explained the amount of time  spent on programs as  outlined                 
  in section 7(b).                                                             
                                                                               
  (off record - return)                                                        
                                                                               
  Senator Halford  moved numbers 18  and 19  from the  summary                 
  sheet  under judgments and  claims in the  amounts of $6,000                 
  and  $8,000  related to  the  boundary commission  cases and                 
  without objection they were adopted.                                         
                                                                               
  Bob Baratko,  Department of Revenue was invited  to join the                 
  committee.  He addressed  the request by the permanent  fund                 
  dividend division  for $150,000.   It  will be  necessary to                 
  shut down the division for the last two weeks of the  fiscal                 
  year without this funding.                                                   
                                                                               
  Following   further   miscellaneous   conversation   between                 
  committee members  Senator Halford  moved SCS CSHB  468(FIN)                 
  and without objection  it was  reported out with  individual                 
  recommendations.                                                             
                                                                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Co-chairman  Frank continued  the calendar  until  1:30 P.M.                 
  today.                                                                       
                                                                               

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