Legislature(2001 - 2002)
04/05/2001 09:18 AM Senate FIN
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
April 05, 2001
9:18 AM
TAPES
SFC-01 # 69, Side A
SFC 01 # 69, Side B
CALL TO ORDER
Co-Chair Pete Kelly convened the meeting at approximately 9:18 AM.
PRESENT
Senator Dave Donley, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Jerry Ward, Vice Chair
Senator Gary Wilken
Senator Alan Austerman
Senator Lyman Hoffman
Senator Lyda Green
Also Attending: WENDY HALL, Staff to Co-Chair Kelly; ELMER
LINDSTROM, Special Assistant, Office of the Commissioner,
Department of Health and Social Services; WALTER MAJAROS, Director,
Division of Mental Health and Developmental Disabilities,
Department of Health and Social Services; GARTH HAMBLIN, Chief
Financial Officer, Bartlett Regional Hospital; PAT CLASBY, Alaska
State Hospital and Nursing Home Association; LENORD ABEL, PHD,
Program Administrator, Mental Health Services, Division of Mental
Health and Developmental Disabilities, Department of Health and
Social Services;
Attending via Teleconference: From Fairbanks: KARL SANFORD,
Assistant Administrator, Fairbanks Memorial Hospital; R. DUANE
HOPSON, MD, Medical Director of Mental Health, Fairbanks Memorial
Hospital; LIZ WOODYARD, Registered Nurse and Manager, Inpatient
Unit, Fairbanks Memorial Hospital;
SUMMARY INFORMATION
SB 154-REPEAL SUNSET OF MENTAL HEALTH ASSISTANCE
The Committee heard from the sponsor, the Department of Health and
Social Services, and representatives from the Fairbanks Memorial
Hospital and Bartlett Regional Hospital. The bill moved from
Committee.
SB 136-RESOURCE DEVELOPMENT: BD./GRANTS/FUND
The Committee heard from the sponsor and adopted a committee
substitute. The bill was held in Committee.
HB 103-APPROP: OPERATING BUDGET
HB 104-APPROP: MENTAL HEALTH BUDGET
The Committee adopted a committee substitute for each bill,
considered amendments and moved the bills from Committee.
SB 123-FEDERALLY FUNDED PROJECTS OF RAILROAD
This bill was scheduled but not heard.
SENATE BILL NO. 154
"An Act relating to mental health treatment facilities;
repealing the termination date of the mental health treatment
assistance program; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
WENDY HALL, Staff to Co-Chair Kelly read a statement into the
record as follows.
The designated evaluation treatment program is a critical
component to the continuum of mental health services in
Alaska, particularly for indigent persons with mental illness
who are being civilly committed or meet the criteria for civil
commitment.
Through this program, many poor people with mental illnesses,
who do not qualify for Medicaid, are able to receive services
in community hospitals across the state closer to their
families and local support systems. Without [this] program, it
would necessary to transport many consumers in crisis to
Alaska Psychiatric Institute to receive evaluation and
treatment services.
Ms. Hall then stated that this bill repeals the sunset date of
existing statute to allow continuation of this program.
ELMER LINDSTROM, Special Assistant, Office of the Commissioner,
Department of Health and Social Services, testified that the
department is in full support of the bill and appreciates the
legislature's adoption of the original legislation.
Co-Chair Kelly inquired about the fiscal note.
Mr. Lindstrom replied that although the fiscal note shows the full
cost of the program in FY 02, these costs are included in the
Senate version of the FY 02 operating budget. He noted that the
program has increased over time, as expected. He shared that a non-
general fund source has been used to fund the bulk of the program
over the past year. He pointed out that this fund source expires at
the end of the current fiscal year but that an alternate non-
general fund source has been identified and would be used to
continue the program.
Co-Chair Kelly clarified that the fiscal note represents the full
cost to operate the program rather than the increase of the
previous year, due to the sunset date.
Mr. Lindstrom affirmed.
Co-Chair Kelly asked the increased general fund cost compared to
the previous year.
WALTER MAJAROS, Director, Division of Mental Health and
Developmental Disabilities, Department of Health and Social
Services, stated that the fiscal note contains a general fund
increment of $100,000 and a Mental Health Trust Authority (MHTA)
fund increment of $200,000. He expanded on Mr. Lindstrom's
comments, noting the non-general fund source is available through a
"creative use of a federal self-insurance program."
Co-Chair Kelly surmised that in a normal situation, the fiscal note
amount would be approximately $100,000. He again pointed out that
the appearance of a higher amount is because the program is
otherwise concluded at the end of the current fiscal year unless
extended through this legislation.
KARL SANFORD, Assistant Administrator, Fairbanks Memorial Hospital,
testified via teleconference from Fairbanks in support of the
legislation. He listed the decrease in the number of patients
transported out of the community over the past two and one-half
years. He surmised this program has resulted in cost savings for
the state due to quicker access to care for mentally ill patients
as well as a continuity of providers for these patients. He spoke
of the quality of care provided, which is possible because of the
provider's familiarity with their situations and needs. He
asserted, "The health of the community is better off for that."
Mr. Sanford added that the reduced number of patients transported
to the Alaska Psychiatric Institute (API) has increased the level
of service provided at that facility as well.
Co-Chair Kelly asked the number of patients transported from the
Fairbanks Memorial Hospital to API during the last year compared to
the number the year prior.
Mr. Sanford answered approximately 70 transfers occurred in the
year 1999, reduced to five in 2000.
R. DUANE HOPSON, MD, Medical Director of Mental Health, Fairbanks
Memorial Hospital, testified via teleconference from Fairbanks in
favor of the bill. He spoke of the consequences of delayed
treatment for mental illness, which he noted increases the cost to
the patient and sometimes increases the necessary hospitalization
time.
LIZ WOODYARD, Registered Nurse and Manager, Inpatient Unit,
Fairbanks Memorial Hospital testified via teleconference from
Fairbanks to emphasize the benefits of family involvement in
treatment of mentally ill patients.
GARTH HAMBLIN, Chief Financial Officer, Bartlett Regional Hospital,
testified in Juneau in support of the bill, stressing that the
program allows treatment of the mentally ill within their own
communities.
PAT CLASBY, Alaska State Hospital and Nursing Home Association,
testified in Juneau in favor of the legislation. She gave history
of the previous two years of the program. She listed the primary
providers as Fairbanks Memorial Hospital, Bartlett Regional
Hospital, the Kodiak hospital, and the Yukon-Kuskokwim Health
Center in Norton Sound. She added that other smaller facilities in
the state also provide services to patients in the civil commitment
process prior to transport to a regional treatment facility of the
API. She opined this program is "the modern approach to care at the
local hospital" and avoids transports to the state-facility in as
many cases as possible. She stressed that if this program continues
it would become the primary aspect of continuing mental health
care.
Senator Ward commented that he fully supported the program and
noted that members of his family benefited from it. He asked if the
state receives reimbursement for services provided to Native
Alaskan patients.
LENORD ABEL, PHD, Program Administrator, Mental Health Services,
Division of Mental Health and Developmental Disabilities,
Department of Health and Social Services, responded that the
federal government, "truly is the payer of last resort." He
explained these funds are used only after it is determined that the
patient is not eligible for any other services.
Senator Ward stressed that many people are not receiving these
services because the funds run out. He emphasized that Alaskan
Natives have a right to this service. He asserted that the MHTA has
a responsibility to Natives to provide services and informed that
if the Trust does not pay, the state must pay. He opined that the
federal government should pay this cost.
Co-Chair Kelly asked Senator Ward to assist in monitoring this
legislation as it progresses through the House of Representatives.
Senator Ward agreed to do so.
Senator Green asked if this program is related to Medicaid.
Mr. Abel replied that it is not, and explained this program is
intended to help indigent persons, who do not have Medicaid
coverage or private insurance.
Senator Hoffman wanted to know how this program impacts other
communities in the state not mentioned.
Co-Chair Kelly answered that because patients from Fairbanks and
Juneau are not occupying beds at API, more space is available for
patients from other communities.
Senator Green offered a motion to move SB 154, 22-LS 0748\A from
Committee with accompanying $2,652,100 fiscal note from the
Department of Health and Social Services.
There was no objection and the bill MOVED from Committee.
AT EASE 9:37 AM / 9:48 AM
SENATE BILL NO. 136
"An Act relating to resource development and to grants for the
purpose of promoting resource development from appropriations
of a portion of the revenue derived from the extraction of
certain state natural resources."
This was the second hearing for this bill in the Senate Finance
Committee.
Senator Austerman moved for adoption of CS SB 136, 22-LS0083\S as a
work draft.
PAT CARTER, staff to Senator Pearce, detailed the changes in the
committee substitute made to address concerns voiced by the Senate
Finance Committee.
Mr. Carter pointed out the Resource Development Fund and oversight
board of directors were moved from the Department of Natural
Resources into the Department of Community and Economic
Development. He explained this would reduce the cost associated
with administrating and processing the grants since the Department
of Community and Economic Development is regularly involved with
grant activities.
Mr. Carter informed that in the committee substitute, 20 percent of
the Resource Development Fund would be allocated to the New
Business Incentive Fund, which he described as an unfunded program
created several years prior. He reminded the Committee the intent
of the New Business Incentive Fund is to attract companies to
Alaska to "build on our resource base."
Mr. Carter stated that in an attempt to increase the efficiency of
the Board, the membership is reduced from seven to five seats in
the committee substitute. He listed the membership seats as one
held by the commissioner of the Department of Community and
Economic Development, and the remaining seats held by
representatives of the resource industry, one each from forestry,
mining, oil and gas, appointed by the governor.
Mr. Carter next told of a requirement added in the committee
substitute stipulating that grants are awarded in a "matching
format". He explained the grants would require matching funds from
the recipient to demonstrate that industry would help support this
program. He noted that a particular match percentage is not
established in the committee substitute because some companies
could contribute more then could others.
Mr. Carter continued that a grant limit of $500,000 is contained in
the committee substitute. He commented this is because of concerns
voiced that any grant above this amount should receive a separate
legislative appropriation.
Mr. Carter pointed out that a preference was granted to Alaskan
non-profit corporations in the committee substitute.
Mr. Carter also noted the committee substitute includes a
stipulation that the funds could not be used for election or
campaign purposes or for specific lobbying efforts at the state or
local level.
Without objection the committee substitute, version "S" was
ADOPTED.
Senator Austerman stated that his earlier concerns were alleviated
with the changes made in the committee substitute.
Senator Green asked if the grants could be awarded to a for-profit
organization.
Mr. Carter answered they could not under the current language.
Senator Green requested an example of a non-profit corporation that
would receive the grants.
Mr. Carter gave an example of the Miners Association that might
wish to perform a public relations campaign to promote the industry
and educate about substantial improvements to production
procedures.
Senator Green asked if this program in any way duplicates or
conflicts with activities of the Alaska Science and Technology
Foundation (ASTF) or other organizations.
Mr. Carter replied he did not believe so. He shared that it was
originally considered whether the grants would be administered
through the ASTF. However the intent of this program is that
participants would not be required to hire a grant writer, which is
required of most organizations currently working with the ASTF.
Senator Hoffman asked if there was a requirement that the non-
profit organizations expend the grant funds to only promote generic
products. Specifically, he wanted to know if a grant to promote
fish products could be used to promote salmon only.
Mr. Carter replied that the language was drafted to be as simple as
possible. He stated that he had not considered different fishing
user groups.
Senator Austerman asked if this legislation excludes fisheries
resources.
Mr. Carter replied that it does not. He explained that this program
is not specifically intended for fisheries-related industries
because the Alaska Seafood Marketing Institute (ASMI) addresses
this resource. He qualified that the proposed grant program does
not exclude fisheries.
Senator Austerman asked if the revenue from the fishing industry
would be used to fund this program.
Mr. Carter assured it does not and that general funds are used.
AT EASE 9:59 AM / 10:00 AM
Co-Chair Kelly ordered the bill HELD in Committee.
AT EASE 10:00 AM / 6:00 PM
CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld)
"An Act making appropriations for the operating and loan
program expenses of state government, for certain programs,
and to capitalize funds; and providing for an effective date."
CS FOR HOUSE BILL NO. 104(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 Kelly moved to adopt SCS CS HB 103, 22-LS0410\T as a
working draft.
There was no objection and the committee substitute was ADOPTED.
Co-Chair Kelly moved to adopt SCS CS HB 104, 22-LS0411\O as a
working draft.
Without objection the committee substitute was ADOPTED.
Co-Chair Kelly detailed the changes in the HB 103 committee
substitute. He stated it "adopts something that we've had in many
bills that have passed through this Committee over the last few
years." He explained this as comparable to the federal Hyde
Amendment language that restricts the use of federal funds for
abortion services. He noted the language is contained in the
Department of Health and Social Services portion of the budget as
well as in a special provision for the Constitutional Budget
Reserve (CBR) fund.
Senator Hoffman referenced Section 32 relating to the non-
severability clause. He asked what the legislature would do of the
court finds this provision unconstitutional but the legislature
maintains that it is constitutional.
Co-Chair Kelly detailed the history of bringing the matter of
funding for abortion services before the court and the subsequent
court actions ruling against the methods utilized by the
legislature. He noted that the court left leeway in each decision
it issued, by finding that the legislature did not handle the
matter in the proper manner and that by changing the way the budget
was funded, it could possibly be found constitutional. He stressed,
however, that each time a different approach was attempted by the
legislature, the court continued to rule it as unconstitutional.
Co-Chair Kelly informed that the manner in which this committee
substitute is structured, the courts may or may not "strike it
down". He opined that if the court does rule against the
legislature in this budget, "they'll have to show pretty blatant
disregard for the constitution, at least the separation of powers
that exists in the constitution." He predicted the court would be
"reluctant to strike down the entire HESS (Department of Health and
Social Services) budget over this issue."
Senator Hoffman asked if the budget is struck down whether a
special legislative session would be necessary.
Co-Chair Kelly answered yes.
Co-Chair Kelly offered a motion to authorize the Division of Legal
and Research Services and the Division of Legislative Finance to
make non-substantial technical and conforming changes to the budget
bills where necessary.
There was no objection and the motion PASSED.
Statewide
STWIDE #2: This amendment reduces the appropriation from
$39,578,400 in Section 24, subsection (c) on page 53, lines 8 and 9
of the version "S" committee substitute. The amended language reads
as follows.
(c) The sum of $32,578,400 is appropriated from the
general fund to the Alaska debt retirement fund (AS
37.15.011).
This amendment also increases the appropriation from $100,000 in
Section 24, subsection (d) on page 53, lines 10 through 13 of the
version "S" committee substitute. The amended language reads as
follows.
(d) The sum of $1,100,000 is appropriated from the
lapsing balance of the appropriation made in sec. 1. ch. 133,
SLA 2000, page 13, line 29, and allocated on lines 30-31
(public assistance-Alaska temporary assistance program-
$66,112,800) to the Alaska debt retirement fund (AS
37.15.011).
This amendment also changes the funding source from AHFC Dividend
funds in Section 17 on page 50, lines 3 through 7 of the version
"S" committee substitute. The amended language reads as follows.
Sec. 17. OFFICE OF THE GOVERNOR. The sum of $947,700 is
appropriated from the general fund to the Office of the
Governor, division of elections, for reapportionment
implementation costs for the fiscal year ending June 30, 2002.
This amendment also inserts a new subsection to Section 24 on page
54, following line 10 of the version "S" committee substitute to
read as follows.
(m) The sum of $6,000,000 from the fiscal year 2002
dividend that is declared by the board of directors of the
Alaska Housing Finance Corporation is appropriated from Alaska
Housing Finance Corporation corporate receipts to the Alaska
debt retirement fund (AS 37.15.011).
Accompanying explanatory language reads as follows.
Reduce general fund capitalization of the Alaska Debt
Retirement Fund by $7,000,000. Capitalize the Alaska Debt
Retirement Fund with the remaining $6,000,000 AHFC Dividend
funds and an additional $1,000,000 reappropriation of surplus
FY 01 Alaska Temporary Assistance Program (ATAP) general
funds.
Co-Chair Kelly moved to rescind the Committee's action of adopting
the amendment for the purpose of amending the amendment.
The action adopting the amendment was RESCINDED without objection.
Co-Chair Donley detailed a conceptual amendment to the amendment to
specify that the lapsing balance pertains to general funds in
Section 24, subsection (d). The amended language reads as follows.
(d) The sum of $1,100,000 is appropriated from the
lapsing general fund balance of the appropriation made in sec.
1. ch. 133, SLA 2000, page 13, line 29, and allocated on lines
30-31 (public assistance-Alaska temporary assistance program-
$66,112,800) to the Alaska debt retirement fund (AS
37.15.011).
Co-Chair Kelly moved to amend the amendment.
Senator Hoffman requested the Division of Legislative Finance
explain.
DAVID TEAL, Director, Division of Legislative Finance responded
that as written, Section 24 appropriates a lapsing balance of up to
$1.5 million but does not specify the fund source. Since there are
both general funds and Temporary Assistance For Needy Families
(TANF) funds that are lapsing, he stated, clarification that
general funds would be used in this appropriation is necessary.
There was no objection and the amendment was AMENDED.
Without objection the amended amendment was ADOPTED.
The remaining amendments are to the version "T" committee
substitute.
Department of Health and Social Services
H&SS #30: This amendment changes the funding source from general
funds to General Fund/Mental Health of $600,000 in the Institutions
and Administration Budget Request Unit (BRU), Alaska Psychiatric
Institute component on page 45 lines 16, 20 and 21.
Co-Chair Kelly moved for adoption.
Senator Hoffman objected for an explanation.
Mr. Teal explained that STWIDE #1, adopted by the Committee in the
previous hearing, replaced a significant amount of Alaska Housing
Finance Corporation (AHFC) appropriations with general funds. He
noted the funds appropriated to the Alaska Psychiatric Institute
should be specifically General Fund/Mental Health, which this
amendment accomplishes.
The amendment was ADOPTED without objection.
AT EASE 6:10 PM / 6:10 PM
Department of Education and Early Development
E&ED #13: This amendment changes the language in Section 18 on page
51, lines 17 through 22 to read as follows.
Sec. 18. LEARNING OPPORTUNITY, INSTRUCTIONAL MATERIALS,
VOCATIONAL EDUCATION AND IN-SCHOOL NURSES GRANTS. (a) The sum
of $6,187,100 is appropriated from the general fund to the
Department of Education and Early Development for the fiscal
year ending June 30, 2002, for payment as learning opportunity
grants to school districts based on the school district's
average daily membership to pay for supplemental student
instructional programs intended to improve student performance
on the high school graduation examination or benchmark
examinations.
(b) The sum of $6,187,100 is appropriated from the
general fund to the Department of Education and Early
Development for the fiscal year ending June 30, 2002, for
payment to school districts based on the school district's
average daily membership, to pay for:
(1) textbooks and other instructional materials
intended to improve student performance on the high school
graduation examination or benchmark examinations, as
instructional materials grants;
(2) vocational education programs intended to assist
the district in providing vocational education services to
students; and
(3) nursing services in schools.
Co-Chair Kelly moved for adoption.
E&ED #13(a): This amendment to the amendment replaces "school
district's average daily membership" with "school district's
adjusted average daily membership" in the two places it appears in
the amendment.
Senator Hoffman moved to amend the amendment. He asserted this
would provide a "more equitable distribution" of funds to the
vocational and technical education programs. He reminded there have
been many discussions on this issue and that "adjusted daily
membership" criteria would be fairer to rural areas of the state.
Senator Green objected.
A roll call was taken on the motion.
IN FAVOR: Senator Olson, Senator Austerman and Senator Hoffman
OPPOSED: Senator Leman, Senator Ward, Senator Wilken, Senator
Green, Co-Chair Kelly and Co-Chair Donley
The motion FAILED (3-6)
The amendment FAILED to be amended by E&ED #13(a).
Senator Green stressed the need for clarification that the school
districts have authority to choose from the allowable expenditures
for this appropriation listed in subsection (b).
Senator Wilken expanded on the clarification stating that the
school districts could determine its priorities in allocating these
funds between the allowable expenditures. He noted that the
districts are not obligated to allocate funds to all three items.
Co-Chair Kelly ascertained subsection (a) appropriates
approximately $6 million for instructional materials intended to
prepare students for the high school graduation and benchmark
examinations and commented that he intended for subsection (b) to
appropriate the remaining $6 million for purposes not related to
the examinations. He objected to the amendment as currently drafted
because the language in subsection (b)(1) specifies the
examinations.
Co-Chair Kelly recommended amending the amendment to delete
"intended to improve student performance on the high school
graduation examination or benchmark examinations," from subsection
(b)(1).
Senator Hoffman suggested the intent should remain that textbooks
and materials would be purchased with the goal of improving student
performance.
E&ED #13(b): This amendment to the amendment deletes "on the high
school graduation examination or benchmark examinations, as
instructional materials grants."
Co-Chair Kelly moved to amend the amendment to incorporate E&ED
#13(b).
Without objection the amendment was AMENDED.
E&ED #13(c): This amendment to the amendment deletes "intended to
assist the district in providing vocational education services to
students".
Senator Leman moved to amend the amended amendment. He stated that
the same goal could be reached with the deletion of this language.
The amended amendment was AMENDED without objection to incorporate
E&ED #13(c).
Senator Hoffman asked why some of the funds could not be utilized
for additional teaching positions.
SFC 01 # 69, Side B 06:19 PM
E&ED #13(d): This amendment to the amended amendment deletes "and"
at the end of subsection (b)(2), inserts "and" to the end of
subsection (b)(3) and inserts a new subsection (b)(4) to read
"teachers."
Senator Hoffman moved to amend the amendment.
Senator Green objected.
Senator Hoffman asked what was the basis for the objection.
Co-Chair Kelly spoke in favor of the amendment. He qualified he
does not support the use of Learning Opportunity Grants for salary
increases. However, he supported using these funds to hire new
teachers if a school district was in need of more teachers to lower
student-to-teacher ratios or to implement a new program. He
remarked that the districts should have the ability to use these
funds "at it sees fit" for purposes intended to improve student
performance, but did not consider salary increases as such a
purpose.
AT EASE 6:20 PM / 6:25 PM
Senator Leman stated that while he saw merit in the proposal, he
would vote against the amendment to the amendment. He suggested pay
increases to those teachers that demonstrate exceptional
performance that thereby helps students in meeting the benchmarks.
Senator Austerman added that he too would oppose the amendment to
the amendment saying that he thought it strayed too far from the
intent of the Learning Opportunity Grants. He shared that when he
visits schools, he is approached by students showing him that their
textbooks are the same as those used by their grandparents. He
stated that if the goal is to provide more money for teachers, that
matter should be addressed separately.
Co-Chair Donley noted the recommendation of the Governor's
Education Funding Task Force to provide additional funding for
books and supplies. He asserted that the intent of the Learning
Opportunity Grants is to meet that recommendation.
A roll call was taken on the motion.
IN FAVOR: Senator Hoffman, Senator Olson and Co-Chair Kelly
OPPOSED: Senator Ward, Senator Wilken, Senator Austerman, Senator
Green, Senator Leman and Co-Chair Donley
The motion FAILED (3-6)
The amended amendment FAILED to be amended by E&ED #13(d).
Senator Hoffman asked if the instructional materials as listed in
subsection (b)(1) could include computers.
Co-Chair Donley answered that although it was not his original
intent, nor the intent of the task force, the Committee should
decide as a whole on whether to include computer equipment as an
allowable expenditure. He understood the focus of the task force
was primarily on the insufficient textbooks and supplies. He
recalled testimony heard over the years about teachers purchasing
supplies with their own money.
Senator Hoffman asked if Co-Chair Donley, as the maker of the
amendment, would support the inclusion of computers and information
technology.
Co-Chair Donley replied that he would defer to the recommendations
of the task force.
Senator Ward understood the language of the amendment as well as
the recommendations of the task force, as not including computers
and other information technology as allowable expenditures of the
Learning Opportunity Grants.
Senator Hoffman suggested that the entire $6 million did not have
to be spent on computers.
Senator Ward disagreed and was willing to vote on the amendment as
he understood it to be. He predicted that some districts would
spend all available funds on new technology rather then textbooks,
if given the opportunity.
AT EASE 6:31 PM / 6:33 PM
Co-Chair Donley shared that the task force report lists "proper
technology" in its recommendations of items needing additional
funding.
E&ED #13(e): This amendment to the amended amendment deletes "and"
at the end of subsection (b)(2), inserts "and" to the end of
subsection (b)(3) and inserts a new subsection (b)(4) to read
"appropriate technology."
Senator Hoffman moved to amend the amended amendment.
Senator Green objected and listed the items recommended by the task
force: up-to-date textbooks, appropriate technology, general
classroom supplies. However, she stressed, new textbooks is a
higher priority then updated software.
Senator Hoffman noted that the trend is moving toward using
textbooks less and information technology more. It therefore seemed
appropriate to him to "allow our children to benefit by many of the
computers that allow our students to learn at a faster rate." He
warned that by eliminating information technology from the list of
allowable expenditure, it appears "we want our kids to stay in the
th
20 Century."
Senator Wilken commented the purpose of the grants is to improve
student performance and that every school district has elected
officials committed to doing just that. He suggested allowing the
school boards to make their own decisions as to how the funds
should be spent, whether for textbooks or for computers. He stated
the current language should not be changed with this amendment to
the amendment.
Senator Hoffman expressed that based upon the interpretation of the
language stated by Senator Wilken he WITHDREW his motion to amend
the amended amendment without objection.
The amended amendment reads as follows.
Sec. 18. LEARNING OPPORTUNITY, INSTRUCTIONAL MATERIALS,
VOCATIONAL EDUCATION AND IN-SCHOOL NURSES GRANTS. (a) The sum
of $6,187,100 is appropriated from the general fund to the
Department of Education and Early Development for the fiscal
year ending June 30, 2002, for payment as learning opportunity
grants to school districts based on the school district's
average daily membership to pay for supplemental student
instructional programs intended to improve student performance
on the high school graduation examination or benchmark
examinations.
(b) The sum of $6,187,100 is appropriated from the
general fund to the Department of Education and Early
Development for the fiscal year ending June 30, 2002, for
payment to school districts based on the school district's
average daily membership, to pay for:
(1) textbooks and other instructional materials
intended to improve student performance;
(2) vocational education programs; and
(3) nursing services in schools.
A roll call was taken on the motion to adopt the amended amendment.
IN FAVOR: Senator Ward, Senator Wilken, Senator Austerman, Senator
Green, Co-Chair Kelly and Co-Chair Donley
OPPOSED: Senator Hoffman, Senator Leman and Senator Olson
The motion PASSED (6-3)
The amended amendment was ADOPTED.
AT EASE 6:38 PM / 6:38 PM
Co-Chair Donley thanked the Director and staff from the Division of
Legislative Finance, the Senate Finance Committee Secretary and
staff, the Committee members' Finance Committee aides, and
especially James Armstrong from his staff for the work that was
done on the FY 02 operating and mental health budgets.
Senator Hoffman voiced concern with the unconstitutionality of the
non-severability clause and the possible special session that would
be required to provide funding for the Department of Health and
Social Services. He spoke of payments that must be made to
providers for services such as Medicaid.
Co-Chair Kelly assured that he shared those concerns and stated
that he hoped that before the judge "goes traipsing through our
constitution with impunity," the judge would measure those concerns
as well.
Senator Hoffman countered that the judge is required to interpret
the law and that if the judge determines this budget violates the
constitution, the judge would have to rule accordingly.
Co-Chair Kelly opined that the judicial branch is filled with many
"hard-working, talented and dedicated" employees, but that "in
recent years, they have done things that courts in the rest of the
United States have never done since the inception of our country;
things that other courts would be aghast at." He continued, "We as
legislators have a duty to defend our branch of government. I think
we have to draw a line at some point and stand up to the judiciary
for our branch of government." He asserted the committee substitute
"puts us in the best position we can be in to stand up to the
judiciary. That's really the only intent."
Co-Chair Kelly offered a motion to move SCS CS HB 103, 22-LS0410\T,
as amended, from Committee.
Without objection the bill MOVED from Committee.
Co-Chair Kelly offered a motion to move SCS CS HB 104 22-LS0411\O,
as amended, from Committee.
There was no objection and the bill MOVED from Committee.
ADJOURNMENT
Co-Chair Pete Kelly adjourned the meeting at 06:43 PM.
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