Legislature(2011 - 2012)SENATE FINANCE 532

05/10/2011 01:00 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 106 COASTAL MANAGEMENT PROGRAM TELECONFERENCED
Heard & Held
= SB 46 BUDGET: CAPITAL
Moved CSSB 46(FIN) Out of Committee
                  SENATE FINANCE COMMITTEE                                                                                      
                        May 10, 2011                                                                                            
                         1:08 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:08:45 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 1:08 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lesil McGuire, Vice-Chair                                                                                               
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None.                                                                                                                           
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator  Cathy  Giessel;  Senator  Charlie  Huggins;  Senator                                                                   
Linda Menard;  Senator Bill Wielechowski; David  Gray, Staff,                                                                   
Senator Lyman Hoffman,  Miles Baker, Chief of  Staff, Senator                                                                   
Bert Stedman                                                                                                                    
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 46     BUDGET: CAPITAL                                                                                                       
                                                                                                                                
          CSSB46(FIN) was REPORTED OUT of committee with a                                                                      
          "do pass" recommendation.                                                                                             
                                                                                                                                
CSHB106(FIN)                                                                                                                    
          HB 106-COASTAL MANAGEMENT PROGRAM                                                                                     
                                                                                                                                
          CSHB 106(FIN) was HEARD and HELD in committee for                                                                     
          further consideration.                                                                                                
                                                                                                                                
CS FOR HOUSE BILL NO. 106(FIN)                                                                                                
                                                                                                                                
     "An  Act extending  the termination  date of the  Alaska                                                                   
     coastal   management  program   and   relating  to   the                                                                   
     extension;  relating  to the  review  of activities  and                                                                   
     regulations  of the Alaska  coastal management  program;                                                                   
     establishing the  Alaska Coastal Policy  Board; relating                                                                   
     to  the development,  review, and  approval of  district                                                                   
     coastal  management  plans; relating  to  the duties  of                                                                   
     the  Department  of Natural  Resources  relating to  the                                                                   
     Alaska  coastal  management  program;  relating  to  the                                                                   
     review    of   certain    consistency    determinations;                                                                   
     providing  for   an  effective  date  by   amending  the                                                                   
     effective  date of  secs. 1  - 13  and 18,  ch. 31,  SLA                                                                   
     2005; and providing for an effective date."                                                                                
                                                                                                                                
1:09:07 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman discussed Housekeeping.                                                                                        
                                                                                                                                
Co-Chair  Hoffman   MOVED  to  ADOPT  Work  Draft   SCS  CSHB
106(FIN)  Work  Draft  version   27-GH1965\H  5/13/11,  as  a                                                                   
working document before the committee.                                                                                          
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion.                                                                                       
                                                                                                                                
1:10:47 PM                                                                                                                    
                                                                                                                                
}David  Gray,   Staff,  Senator   Lyman  Hoffman{   explained                                                                   
version H  of the  bill. He stated  that the bill  maintained                                                                   
the House  structure of  the new  coastal policy board:  four                                                                   
commissioners,  four representatives  from coastal  districts                                                                   
in   the   four    Alaskan   regions,   and    one   industry                                                                   
representative  from  industries  operating  in  the  coastal                                                                   
zone.  He stated  that  the board  would  act  to review  and                                                                   
provide  oversight for  the Department  of Natural  Resources                                                                   
(DNR). The department  would retain all  responsibilities for                                                                   
program management.                                                                                                             
                                                                                                                                
1:12:03 PM                                                                                                                    
                                                                                                                                
Mr. Gray  detailed the Senate  changes to the bill.  He cited                                                                   
page  3,  line 31  through  page  4,  line  7. In  the  House                                                                   
version,  the  public members  of  the  board served  at  the                                                                   
pleasure of  the governor. The  Senate version  would require                                                                   
that members  be removed for  cause only. Causes  for removal                                                                   
were  as follows:  lack  of  contribution, neglect  of  duty,                                                                   
incompetence, inability  to serve, and misconduct.  A removal                                                                   
recommendation could  be made by  the board or  the governor.                                                                   
The  individual  up  for removal  could  appeal  the  removal                                                                   
recommendation.                                                                                                                 
                                                                                                                                
Mr.  Gray  looked  at  page  8,  lines  11  through  16.  The                                                                   
language  detailed a  new concept  for  coastal districts  to                                                                   
present enforceable  policies. The  language stated  that the                                                                   
districts  must  present a  policy  that employed  the  least                                                                   
restrictive means  to achieve  its objective. Senate  changes                                                                   
added the  factors of:  the economic  effects of  alternative                                                                   
methods,  the technological  feasibility  of the  alternative                                                                   
methods, and any  other relevant factors. The  Senate version                                                                   
recognized  that  the  requirement  to  provide  an  economic                                                                   
analysis  could  be  beyond  the  means  of  smaller  coastal                                                                   
districts.   The   Section   had  been   added   to   provide                                                                   
flexibility enough to cater to the needs of each district.                                                                      
                                                                                                                                
1:14:57 PM                                                                                                                    
                                                                                                                                
Mr. Gray  cited page 10, lines  8 through 12, which  had been                                                                   
amended to read:                                                                                                                
                                                                                                                                
   * Sec. 13. AS 46.40.060(c) is amended to read:                                                                             
          (c)  After the board has reviewed the district                                                                    
     coastal  management plan  and submitted  recommendations                                                               
     under  (b) of  this Section  [IF,  AFTER MEDIATION,  THE                                                               
     DIFFERENCES  HAVE  NOT BEEN  RESOLVED],  the  department                                                                   
     shall enter findings and, by order, may [REQUIRE]                                                                          
               (1)  approve the plan or portions of the                                                                     
     plan;                                                                                                                  
               (2)  require that the district coastal                                                                       
     management  plan  be  amended   to  meet  [SATISFY]  the                                                               
     provisions  of  this  chapter  [OR  MEET  THE  STATEWIDE                                                                   
     STANDARDS]  and district  plan criteria  adopted by  the                                                                   
     department;                                                                                                                
               (3)  require [(2)] that the district coastal                                                                 
     management  plan  be revised  to  accommodate  a use  of                                                                   
     state concern; or                                                                                                          
               (4)  require the coastal resource district                                                                   
     to  submit additional  information if,  in the  judgment                                                               
     of the  department, additional information  is necessary                                                               
     for the  department to approve  the plan or  portions of                                                               
     the plan [(3)  ANY OTHER ACTION BE TAKEN  BY THE COASTAL                                                               
     RESOURCE DISTRICT AS APPROPRIATE].                                                                                         
                                                                                                                                
Mr. Gray  discussed  the changes  found on  page 12, lines  6                                                                   
through 8. Subsection (d) of the Senate version stated:                                                                         
                                                                                                                                
          (d)  Notwithstanding AS 46.40.030(a)(4), in                                                                           
     reviewing  and approving  a district coastal  management                                                                   
     plan under  (a) of this Section, the department  may not                                                                   
     require a  district to designate  areas for  the purpose                                                                   
     of developing an enforceable policy.                                                                                       
                                                                                                                                
1:16:39 PM                                                                                                                    
                                                                                                                                
Mr.  Gray  referred to  page  15,  section 24.  The  previous                                                                   
House  version had  offered two  definitions,  one for  local                                                                   
knowledge  and one  for scientific  evidence.  The Senate  CS                                                                   
would  delete  both definitions.  Under  current  regulations                                                                   
the language  "not contradicted  by scientific evidence"  was                                                                   
unnecessary.                                                                                                                    
                                                                                                                                
Mr. Gray  looked at  page 16, Section  27. The House  version                                                                   
required  the policy  board to  make  recommendations to  the                                                                   
legislature  concerning  clean water  and  air pertaining  to                                                                   
coastal  management   determinations.  The   amended  Section                                                                   
would  require a  second  report from  the  board every  four                                                                   
years   containing  an   overview  of   the  entire   coastal                                                                   
management  program.  Finally,  the Senate  version  provided                                                                   
clear  language  as  to  who  would  be  making  departmental                                                                   
decisions  in  discussions  with the  Alaska  Coastal  Policy                                                                   
Board.                                                                                                                          
                                                                                                                                
Co-Chair  Stedman  WITHDREW  his OBJECTION.  There  being  NO                                                                   
further OBJECTION,  SCS CSHB106(FIN)  Work Draft  27-GH1965\H                                                                   
5/13/11 was ADOPTED.                                                                                                            
                                                                                                                                
1:19:36 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman offered  thanks to his  staff for  crafting                                                                   
the  new version.  He believed  that the  version before  the                                                                   
committee could be agreed to by both bodies.                                                                                    
                                                                                                                                
Co-Chair  Stedman  noted  the   two  fiscal  notes  from  the                                                                   
Department  of  Environmental  Conservation  (DEC)  that  had                                                                   
already  been  adopted by  the  Conference Committee  on  the                                                                   
Operating Budget and  looked to the new fiscal  note from DNR                                                                   
for  $6,715,800  to cover  the  cost  of the  Alaska  Coastal                                                                   
Policy Board and 34 staff positions.                                                                                            
                                                                                                                                
1:20:52 PM                                                                                                                    
                                                                                                                                
Senator  Olson  queried the  DEC  "carve  out" had  not  been                                                                   
included in the bill.                                                                                                           
                                                                                                                                
Co-Chair Stedman  requested an explanation of  the carve out.                                                                   
Mr.  Gray explained  that  the DEC  carve  out required  that                                                                   
nothing  pertaining to  DEC permitting  would be rolled  into                                                                   
coastal   zone    management   program   permit    overviews.                                                                   
Essentially,   the  DEC   permits   would  be   automatically                                                                   
accepted  by  the  coastal  zone   management  program;  this                                                                   
limited the  action districts  could take concerning  coastal                                                                   
zone management.  The federal government had asked  the state                                                                   
to review  the carve  out in  order to  allow for more  local                                                                   
participation.                                                                                                                  
                                                                                                                                
1:22:28 PM                                                                                                                    
                                                                                                                                
Senator  Olson stated  that  the  frustrations  he had  heard                                                                   
from  constituents  were  that  some  local  plans  had  been                                                                   
rejected  by DEC. He  wondered what  local communities  could                                                                   
do to  appeal departmental  decisions.  Mr. Gray stated  that                                                                   
communities  could appeal  directly to  the commissioner.  He                                                                   
added  that  the DEC  deputy  commissioner  would be  on  the                                                                   
board, which  would create an  avenue for appealing  directly                                                                   
to the commissioner.                                                                                                            
                                                                                                                                
CSHB 106  (FIN) was HEARD and  HELD in committee  for further                                                                   
consideration.                                                                                                                  
                                                                                                                                
1:23:49 PM                                                                                                                    
RECESSED                                                                                                                        
                                                                                                                                
3:37:21 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 46                                                                                                            
                                                                                                                                
     "An Act  making and  amending appropriations,  including                                                                   
     capital   appropriations   and   other   appropriations;                                                                   
     making   appropriations   to   capitalize   funds;   and                                                                   
     providing for an effective date."                                                                                          
                                                                                                                                
3:38:43 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  discussed  Housekeeping.  He  stated  that                                                                   
this would  be the  sixth meeting  on SB  46, which  had been                                                                   
heard previously  on February 21,  March 15, March  16, March                                                                   
17 and April 11.                                                                                                                
                                                                                                                                
Senator  Hoffman  MOVED  to ADOPT  CSSB  46(FIN)  Work  Draft                                                                   
version 27-GS1740\S, 5/10/11 as a working document.                                                                             
                                                                                                                                
Senator Stedman OBJECTED for discussion.                                                                                        
                                                                                                                                
}Miles  Baker, Staff,  Senator  Bert Stedman{  discussed  the                                                                   
changes  in the  committee substitute  (CS).  He stated  that                                                                   
the CS added $107 million to the budget:                                                                                        
                                                                                                                                
   · $51 million federal dollars                                                                                                
   · $50 million from the Alaska Capital Income Fund                                                                            
   · $155 million from the general fund                                                                                         
                                                                                                                                
   · The $155 would be offset by a reduction of $150 million                                                                    
     of general obligation bond authority.                                                                                      
                                                                                                                                
Mr.  Baker  highlighted  the primary  changes  found  in  the                                                                   
current  bill version.  He revealed that  the bill  contained                                                                   
$50  million  in  additional funds  for  the  Alaska  Housing                                                                   
Finance  Corporation  (AHFC)  Weatherization  Program,  which                                                                   
brought the  program total to  $100 million, $75  million for                                                                   
low-income  weatherization,  and  $25 million  for  the  home                                                                   
rebate  program.  The  governor's original  request  for  the                                                                   
program had been  $75 million. He pointed out  the governor's                                                                   
FY 11  supplemental  capital items,  totaling $51.5  million,                                                                   
had  been  added to  Sections  13  through  15 of  the  bill.                                                                   
Federal  dollars constituted  most of  the funding,  however,                                                                   
$1.7 million of  the funds would come from  the general fund.                                                                   
The  bill  would   increase  the  savings  deposits   to  the                                                                   
Constitutional  Budget  Reserve (CBR)  by  $500 million.  The                                                                   
increase,  located  on Page  145,  would  enlarge the  FY  11                                                                   
surplus deposit from $300 million  to $500 million and the FY                                                                   
12 from $200 million to $500 million.                                                                                           
                                                                                                                                
3:41:30 PM                                                                                                                    
                                                                                                                                
Mr.  Baker  referred  to  the   document  "2011  Legislature-                                                                   
Capital Budget  Statewide Totals-Senate CS3  Structure" (copy                                                                   
on file).  The net increase of  $107 million in  spending was                                                                   
reflected  in reports 1(a)  and 1(b),  which compared  the CS                                                                   
that  had been  adopted previously  by the  committee to  the                                                                   
current  bill.  Reports 2(a),  2(b),  and 2(c)  compared  the                                                                   
current CS with the governor's  original request. Column 5 of                                                                   
Report  2(a)   reflected  the   $778,264,000  difference   in                                                                   
additional spending,  but did  not include savings  deposits.                                                                   
Report  3, "Multi-year  Agency Summary"(copy  on file)  broke                                                                   
down spending  into 10  columns, each  column representing  a                                                                   
Section in the CS:                                                                                                              
                                                                                                                                
   · Column 1, Section 1: FY 12 Capital Budget                                                                                  
   · Column 2, Section 4: Energy projects                                                                                       
   · Column 3, Sections 7, 8, and 9: cruise ship tax                                                                            
     projects                                                                                                                   
   · Column 4, Section 10: school infrastructure projects                                                                       
   · Column 5: Language Section                                                                                                 
   · Column 6: FY 12 supplemental                                                                                               
   · Column 7: total spending                                                                                                   
   · Columns 8, 9, and 10: Operating Budget                                                                                     
                                                                                                                                
3:44:43 PM                                                                                                                    
                                                                                                                                
Mr. Baker  stated that two  grants totaling $2.2  million had                                                                   
been  added to  Section 1,  for  the Department  of Fish  and                                                                   
Game. The  first change could be  found on page 56,  line 10.                                                                   
The second  could be found on  page 56, line 24.  He remarked                                                                   
that  the items  were  added based  on  an  agreement in  the                                                                   
Conference  Committee  on the  Operating  Budget. The  Senate                                                                   
version  of the  operating budget  had  included funding  for                                                                   
both items  in FY 12.  An agreement had  been made  to concur                                                                   
with the  House to remove the  items and list them  as three-                                                                   
year capital grants in SB 46.                                                                                                   
                                                                                                                                
3:46:02 PM                                                                                                                    
                                                                                                                                
Mr.  Baker  looked  at  Section 4,  the  energy  Section.  An                                                                   
additional $50 million  had been added to  the Weatherization                                                                   
Program  based   on  discussions  in  committee   and  public                                                                   
testimony  since  the introduction  of  the previous  CS.  He                                                                   
noted that  all of  the energy  projects and project  amounts                                                                   
in Section 4  had remained unchanged. Structural  changes had                                                                   
been made.  Page 108,  line 28  reflected the  change of  the                                                                   
appropriation  title to read,  "Energy Generation  Projects."                                                                   
Intent language  had been  augmented from  the previous  bill                                                                   
concerning  the   50  percent  match  requirement,   and  the                                                                   
expectation  was that  Alaska  Energy Authority  (AEA)  would                                                                   
examine the appropriations  and return to the  legislature by                                                                   
February  2012 with  reappropriation  requests. The  original                                                                   
intent of  the language was  to make clear the  legislature's                                                                   
desire  that the  AEA manage  the  responsibility of  vetting                                                                   
the energy  projects. In  the event that  AEA found  that any                                                                   
of the  project amounts  were not at  50 percent,  they could                                                                   
return  to  the  legislature  with  recommendations  for  the                                                                   
rebalancing  of  the appropriations  in  order  to bring  the                                                                   
state's investment up to 50 percent.                                                                                            
                                                                                                                                
Mr. Baker pointed  out that the expectation that  the AEA vet                                                                   
the   programs   and   return   to   the   legislature   with                                                                   
recommendations had  caused confusion. The  previous language                                                                   
had  asked  AEA   to  use  the  statutory  criteria   of  the                                                                   
renewable  energy grant  program as guidance  in vetting  the                                                                   
projects,   while  at   the  same   time   calling  for   the                                                                   
application  of   the  50  percent  match   requirement;  the                                                                   
statutory  criteria of  the  renewable energy  grant  program                                                                   
does not  require a  50 percent  match.  The  reappropriation                                                                   
language  had  been   removed,  and  the  50   percent  match                                                                   
language specific  to generation projects had  been retained.                                                                   
Transmission  projects, most  of which  were Alaska  Railbelt                                                                   
Cooperative  Transmission  and   Electric  Comapany  (ARCTEC)                                                                   
Energy Projects,  were listed as a separate  appropriation on                                                                   
page  107,   line  24.   The  appropriation   was  a   single                                                                   
appropriation,  with allocations. Under  the new CS,  the AEA                                                                   
would  be given  a lump  sum for  the  ARCTEC projects,  with                                                                   
recommended   allocations;   this    would   give   AEA   the                                                                   
flexibility to  move the funds  where necessary.  Because the                                                                   
projects  were  transmission  projects,  they  would  not  be                                                                   
restricted  to   the  50   percent  match  requirement.   The                                                                   
appropriation total  was higher than the previous  CS because                                                                   
of  the   addition  of   "Association  Soldotna   to  Nikiski                                                                   
Transmission Upgrade"  (found on page 108, line  10). The ten                                                                   
ARCTEC projects totaled $96.5 million.                                                                                          
                                                                                                                                
Mr.  Baker  concluded  the  list  of  structural  changes  to                                                                   
Section 4.                                                                                                                      
                                                                                                                                
3:51:57 PM                                                                                                                    
                                                                                                                                
Mr. Baker  referred to page 129  of the CS. The  current bill                                                                   
reflected  an   additional  $200   million  in  savings,   in                                                                   
addition to  statutory budget  reserve deposits.  The savings                                                                   
were accomplished  in four Sections  of the bill.  Section 16                                                                   
made  available  an additional  $49  million  for  previously                                                                   
approved  certificates  of  participation  (which  was  state                                                                   
revenue  bonding), $25  million for the  Anchorage Jail,  and                                                                   
$24  million  for  the  Alaska   Psychiatric  Institute.  The                                                                   
intent was  to pay off the  most significant  debt shouldered                                                                   
by  the  state.  The language  was  intended  to  make  funds                                                                   
available  that   would  otherwise   been  required   in  the                                                                   
operating budget to  pay down the debts. Report  3, Column 9,                                                                   
reflected the change.  Section 24 (page 133,  line 29 through                                                                   
page  133,   line  13),   depicted  the   use  of   the  2008                                                                   
Transportation  General Obligation  Bonds and replacement  of                                                                   
the $150  million bonding authority  with general  funds. The                                                                   
bill  included contingencies  from the  State Bond  Committee                                                                   
that required that the bond committee verify the amounts.                                                                       
                                                                                                                                
3:54:58 PM                                                                                                                    
                                                                                                                                
Mr. Baker  stated that Section 22  was a new addition  to the                                                                   
legislation. page  131, line 27, reflected  the approximately                                                                   
$8 million  to be  appropriated to  the Department  of Health                                                                   
and  Social Services  for the  Low  Income Energy  Assistance                                                                   
Program (LIHEAP).  The roughly $8 million of  FY 12 operating                                                                   
funds would  replace federal dollars  that had been  cut from                                                                   
the  program.  Sub-Section  (a)   reflected  a  $3.3  million                                                                   
dollar  appropriation  to  be   used  for  grants  to  tribal                                                                   
entities  for energy assistance  under  AS 47.25.626 for  the                                                                   
fiscal  year ending  June 30,  2012.  Sub-Section (b)  listed                                                                   
the $4.6  million for the  regular energy assistance  program                                                                   
grants for the fiscal year ending June 30, 2012.                                                                                
                                                                                                                                
3:56:22 PM                                                                                                                    
                                                                                                                                
Mr. Baker  looked to Page  130, which reflected  additions to                                                                   
Section  19.  Sub-Section  (c)   was  a  $30  million  dollar                                                                   
appropriation  form the  general fund  to the Alaska  Housing                                                                   
Capital  Corporation  account.  The  Alaska  Housing  Capital                                                                   
Corporation  is a savings  account set  up within the  Alaska                                                                   
Housing  Finance   Corporation  (AHFC),  with   the  intended                                                                   
purpose  of capital  spending.  The  current balance  of  the                                                                   
account was  approximately $370  million. The additional  $30                                                                   
million  dollars would  bring  the account  to $400  million.                                                                   
line, 14,  Sub-Section (d) stated  after the $30  million was                                                                   
transferred  and added to  the account,  the account  be used                                                                   
to fund postsecondary  scholarship programs at  a later date.                                                                   
The language  in the  sub-Section would  earmark funding  for                                                                   
the postsecondary scholarship program.                                                                                          
                                                                                                                                
3:57:42 PM                                                                                                                    
                                                                                                                                
Mr.  Baker  continued   to  page  143,  Section   39,  titled                                                                   
"Reappropriaton  of Legislative Appropriations."  Sub-Section                                                                   
(b) had been changed to read:                                                                                                   
                                                                                                                                
          The unexpected and unobligated balance, not to                                                                        
     exceed $750,000,  of the  appropriation made in  sec. 1,                                                                   
     ch. 12,  SLA 2009,  page 44, line  29 (Budget  and Audit                                                                   
     Committee  -  $19,501,800)   is  reappropriated  to  the                                                                   
     Legislative  Council to conduct  for the legislature  an                                                                   
     independent       third-party       scientific       and                                                                   
     multidisciplinary  study  of  the potential  large  mine                                                                   
     development in  the Bristol Bay drainage  for the fiscal                                                                   
     years  ending June  30, 2011,  June 30,  2012, and  June                                                                   
     30, 2013.  The $450,000 for  the expansion of  the study                                                                   
     of  mine development  in the  state had  been moved  and                                                                   
     added  to the  amount that  would  be reappropriated  to                                                                   
     the Legislative  Council for  a system-wide  redesign of                                                                   
     BASIS, the legislative document management system.                                                                         
                                                                                                                                
3:59:04 PM                                                                                                                    
                                                                                                                                
Mr. Baker  returned to  page 145,  which detailed changes  to                                                                   
the  savings   deposits.  The  nonseverability   language  in                                                                   
Section 49 had been changed to read:                                                                                            
                                                                                                                                
          Notwithstanding AS 01.10.030, in the event that a                                                                     
     court  of competent jurisdiction  finds the  contingency                                                                   
     in  sec.  48(a)  of  this   Act  is  invalid,  then  the                                                                   
     contingency in  sec. 48(a) of this Act  is not severable                                                                   
     from the appropriations made in sec. 4 of this Act if                                                                      
          (1) the governor has vetoed, weather by striking                                                                      
     or reducing,  any appropriation in  sec. 4 of  this Act;                                                                   
     and                                                                                                                        
          (2) the legislature, by action or inaction, has                                                                       
     failed to  override all vetoes of,  including reductions                                                                   
     to, appropriations  made in  sec. 4 of  this Act  in the                                                                   
     time  and   manner  allowed  under  art.   ii,  sec.  16                                                                   
     Constitution of the State of Alaska.                                                                                       
                                                                                                                                
Mr. Baker stated  that the language was necessary  to protect                                                                   
against  a  third  party  delaying  the  appropriations  from                                                                   
going into  effect. He furthered  that the language  spoke to                                                                   
the concern  that the issue  would remain unresolved  legally                                                                   
if the governor  chose to veto an item in Section  4, and the                                                                   
legislature overrode the veto.                                                                                                  
                                                                                                                                
4:00:59 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  WITHDREW  his OBJECTION.  There  being  NO                                                                   
further  OBJECTION  CSSB 46(FIN)  was  ADOPTED  as a  working                                                                   
document.                                                                                                                       
                                                                                                                                
Co-Chair  Hoffman  MOVED  to   REPORT  CSSB  46(FIN)  out  of                                                                   
committee  with individual  recommendations.  There being  NO                                                                   
OBJECTION it was so ordered.                                                                                                    
                                                                                                                                
CSSB  46 (FIN)  was  REPORTED  out of  committee  with a  "do                                                                   
pass" recommendation.                                                                                                           
                                                                                                                                
4:01:42 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
The meeting was adjourned at 4:01 PM.                                                                                           
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SCS for CS for HB 106 version H.pdf SFIN 5/10/2011 1:00:00 PM
HB 106
NEW DNR Fiscal Note HB 106 51011.pdf SFIN 5/10/2011 1:00:00 PM
HB 106
Rpt 1a 2011 05 10 Statewide Totals CS2 vs CS3.pdf SFIN 5/10/2011 1:00:00 PM
SB 46
Rpt 1b 2011 05 10 Agency Summary CS2 vs CS3.pdf SFIN 5/10/2011 1:00:00 PM
SB 46
Rpt 1c 2011 05 10 HD Summary CS2 vs CS3.pdf SFIN 5/10/2011 1:00:00 PM
SB 46
Rpt 1d 2011 05 10 Project Compare by HD CS2 vs CS3.pdf SFIN 5/10/2011 1:00:00 PM
SB 46
Rpt 2a 2011 05 10 Statewide Totals CS3 vs Gov.pdf SFIN 5/10/2011 1:00:00 PM
SB 46
Rpt 2b 2011 05 10 Agency Summary CS3 vs Gov.pdf SFIN 5/10/2011 1:00:00 PM
SB 46
Rpt 2c 2011 05 10 HD Summary CS3 vs Gov.pdf SFIN 5/10/2011 1:00:00 PM
SB 46
Rpt 3 2011 05 10 MultiYear Agency Summary CS3.pdf SFIN 5/10/2011 1:00:00 PM
SB 46
SCS SB46 Ver S 51011.pdf SFIN 5/10/2011 1:00:00 PM
SB 46