Legislature(1993 - 1994)
03/29/1993 09:35 AM Senate FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
March 29, 1993
9:35 a.m.
TAPES
SFC-93, #43, Side 2 (349-end)
SFC-93, #45, Side 1 (000-end)
SFC-93, #45, Side 2 (575-291)
CALL TO ORDER
Senator Steve Frank, Co-chair, convened the meeting at
approximately 9:35 a.m.
PRESENT
In addition to Co-chairman Frank, Senators Jacko, Kelly,
Kerttula, Rieger, and Sharp were present. Co-chair Drue
Pearce did not attend.
ALSO ATTENDING: Commissioner Nancy Usera, Dept. of
Administration; Commissioner Darrel Rexwinkel, Dept. of
Revenue; Commissioner Glenn Olds, Dept. of Natural
Resources; Bruce Botelho, Deputy Attorney General, Dept. of
Law; Dean Guaneli, Chief, Assistant Attorney General,
Criminal Division, Dept. of Law; Keith Gerken, Deputy
Commissioner, Dept. of Transportation and Public Facilities;
C. E. Swackhammer, Deputy Commissioner, Dept. of Public
Safety; Cheryl Frasca, Director of Budget Review, Office of
Management and Budget; Ken Bischoff, Director, Division of
Administrative Services, Dept. of Public Safety; Janice
Adair, Assistant Commissioner, Dept. of Environmental
Conservation; Janet Clarke, Director, Division of
Administrative Services, Dept. of Health and Social
Services; Kit Ballentine, Acting Director, Division of
Environmental Health, Dept. of Environmental Conservation;
John Walsh, Deputy Director/Juneau, Community and Rural
Development Division, Dept. of Community and Regional
Affairs; Bill Miles, aide to Senator Pearce; Rick Solie,
aide to Senator Frank; and aides to committee members and
other members of the legislature.
SUMMARY INFORMATION
SCR 2 - Relating to certification of the Alaska State
Legislature's opposition to requiring
suspension of a driver's license for drug
offenses.
CSSCR 2 (Finance) was REPORTED OUT of
committee with a SFC letter of intent and
zero fiscal notes from the Dept. of Public
Safety and Dept. of Transportation and Public
Facilities.
SB 100 - Act making supplemental and special
appropriations for the expenses of state
government; making, amending,
and repealing capital and
operating appropriations; and
providing for an effective
date.
A draft CSSB 100 (Fin) was distributed, and a
sectional review of funding for the
following departments was had:
Dept. of Administration
Dept. of Law
Dept. of Revenue
Dept. of Health and Social Services
Dept. of Military and Veterans' Affairs
Dept. of Natural Resources
Dept. of Public Safety
Dept. of Environmental Conservation
Dept. of Community and Regional Affairs
Dept. of Corrections
University of Alaska
(Log notes were taken of SB 100 discussion.
See
page 4 of these minutes for availability.)
SENATE CONCURRENT RESOLUTION NO. 2
Relating to certification of the Alaska State
Legislature's opposition to requiring suspension
of a driver's license for drug offenses.
Upon convening the meeting, Co-chairman Frank directed that
SCR 2 be brought on for discussion. SENATOR SHARP
referenced a draft Senate Finance Committee Substitute (8-
LS0631\J) and MOVED for adoption for discussion purposes.
No objection having been raised, IT WAS SO ORDERED.
Senator Sharp explained that the Senate Finance version is
intended to "take care of the problem of the federal mandate
on highway funds." The state was faced with the option of
passing either a bill or a resolution. The Finance version
cleans up and eliminates objectional phrases in the original
resolution. A resolution containing the same wording as the
Finance version is presently making its way through the
House.
There is an April 1 deadline on passage. Federal law
requires that states must have enacted and be enforcing a
law that provides for revocation or suspension of an
individual's driving license upon conviction of possession
of a controlled substance or any drug offense. SB 133
(REVOCATION OF DRIVER'S LICENSE) was introduced to meet that
requirement. The proposed resolution is an alternative to
passage of SB 133. The alternative provides that states
submit to the Secretary of Transportation a certification
stating that the Governor is opposed to enactment or
enforcement of the required revocation, and the legislature
has adopted a resolution expressing its opposition as well.
The administration has indicated it will support either
approach.
Penalties are severe if the state does not meet the
statutory requirement. Approximately 5% of its federal
highway apportionment for FY 94 will be withheld. That
percentage would also be withheld in FY 95. Thereafter,
commencing with FY 96, 10% would be withheld. The fiscal
note demonstrates what would be lost if the federal mandate
is not met.
Many states have opted to proceed with a similar resolution
because they resent federal government intervention and
philosophically disagree with proposed enactment and
enforcement of law. Sixteen states have passed statutes,
but only three have met the federal mandate.
The fiscal note evidences the cost of a 5% reduction for the
first two years of ISTEA based on the anticipated $212
million Alaska is likely to receive.
Senator Sharp next directed attention to a proposed
amendment and explained that it would change October 31,
1993, to October 1, 1993, at page 1, line 10. The change is
needed to meet the federal mandate. Co-chairman Frank
called for objections to adoption. None were forthcoming,
and AMENDMENT NO. 1 WAS ADOPTED.
Senator Sharp then directed attention to the following
intent language:
It is the intent of the Alaska State Legislature,
in enacting SCR 2, that the State of Alaska
continue to vigorously enforce laws prohibiting
illegal drug use, while avoiding unnecessary
entanglement with the federal government over
which method is most effective to prevent illegal
drug use. It is also the intent of the
Legislature that the State maintain its sovereign
right to enact legislation punishing illegal drug
use and that the enactment of criminal laws
applicable to illegal drug use in the state be
reserved to the legislature.
Co-chairman Frank called for objections to adoption of the
intent. No objection having been raised, the LETTER OF
INTENT WAS ADOPTED.
Senator Kelly MOVED that CSSCR 2 (Finance) pass from
committee with individual recommendations and the
accompanying letter of intent. No objection having been
raised, CSSCR 2 (Finance) was REPORTED OUT of committee with
the Senate Finance letter of intent and zero fiscal notes
from the Dept. of Public Safety and Dept. of Transportation
and Public Facilities. All members signed the committee
report with a "do pass" recommendation with the exception of
Co-chair Pearce who was not present at the meeting.
SENATE BILL NO. 100
An Act making supplemental and special appropriations
for the expenses of state government; making, amending,
and repealing capital and operating appropriations; and
providing for an effective date.
(Cross Reference to CCS SB 165 which ultimately incorporated
supplemental, reappropriations, and Alyeska Settlement
expenditures.)
Co-chairman Frank distributed a draft CSSB 100 (Finance) for
members' review. He then commenced a sectional review
covering supplemental funding for the following
departments:
Dept. of Administration
Dept. of Law
Dept. of Revenue
Dept. of Health and Social Services
Dept. of Military and Veterans' Affairs
Dept. of Natural Resources
Dept. of Public Safety
Dept. of Environmental Conservation
Dept. of Community and Regional Affairs
Dept. of Corrections
University of Alaska
(Log notes were taken for this portion of the meeting and
are appended to these minutes. Copies of the log notes
and/or tape may be obtained through the Senate Finance
Committee secretary's office, Room 520, Capitol Building,
Juneau, Alaska, (907) 465-2618, or from the Legislative
Finance Division, P.O. Box 113200, Juneau, Alaska 99811-
3200, (907) 465-3795.)
ADJOURNMENT
The meeting was adjourned at approximately 11:15 a.m.
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