Legislature(2001 - 2002)
04/06/2001 11:58 AM Senate RLS
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ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
April 6, 2001
11:58 a.m.
MEMBERS PRESENT
Senator Drue Pearce, Chair
Senator Randy Phillips
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
Senator John Cowdery, Vice Chair
COMMITTEE CALENDAR
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."
APPROVED FOR CALENDARING
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."
APPROVED FOR CALENDARING
PREVIOUS COMMITTEE ACTION
HB 103 - See Finance Report dated 4/6/01.
HB 104 - See Finance Report dated 4/6/01.
ACTION NARRATIVE
TAPE 01-6, SIDE A
Number 001
CHAIRWOMAN DRUE PEARCE called the Senate Rules Committee meeting to
order at 11:58 a.m. Present were Senators Phillips, Ellis,
Therriault and Pearce. The first item to come before the committee
was HB 103.
CHAIRWOMAN PEARCE announced that a committee substitute was adopted
by the Senate Finance Committee to HB 103-APPROP: OPERATING BUDGET.
SENATOR ELLIS moved to adopt Amendment 1 to CSHB 103(FIN).
SENATOR THERRIAULT objected.
SENATOR ELLIS explained that Amendment 1 would change the source of
funding for the Department of Health of Social Services (DHSS) from
the constitutional budget reserve fund to the general fund, which
is the normal funding source. Senator Ellis said the idea of
making the DHSS budget contingent on the actions of the court puts
a large number of people at risk; the mentally ill, disabled, and
other recipients of DHSS services. Regarding the argument about
the appropriations process, he believes the legislature is ceding
appropriations powers by making contingent arrangements affected by
the outcome of a court decision. He repeated that using the
constitutional budget reserve fund sets a bad precedent and puts a
lot of innocent people at risk.
The motion to adopt Amendment 1 failed with Senator Ellis voting
"yea," and Senators Phillips, Therriault, and Pearce voting "nay."
SENATOR THERRIAULT moved to calendar all Senate versions of CSHB
103(FIN).
SENATOR ELLIS objected.
The motion carried with Senators Phillips, Therriault and Pearce
voting "yea," and Senator Ellis voting "nay."
CHAIRWOMAN PEARCE announced that HB 104-APPROP: MENTAL HEALTH
BUDGET was before the committee.
SENATOR ELLIS moved to adopt Amendment 1.
SENATOR THERRIAULT objected.
SENATOR ELLIS said his previous arguments apply because it is
necessary to amend both bills to reverse the Senate Finance
Committee plan to fund the DHSS budget from the constitutional
budget reserve, rather than the general fund. He believes this
funding approach carries the ideological debate about abortion
between the various branches of government to an extreme. He would
hope all legislators could express their opinions on that volatile
subject without getting into this battle with the courts. He
believes a judge should decide a case on the Constitution and the
facts of the case, not because of a threat that a department will
be shut down.
A roll call vote was taken. Senator Ellis voted "yea," and
Senators Therriault, Phillips and Pearce voted "nay," therefore the
motion to adopt Amendment 1 to CSHB 104(FIN) failed.
SENATOR THERRIAULT moved to calendar all Senate versions of CSHB
104(FIN) with individual recommendations.
SENATOR ELLIS objected. The motion carried with Senators
Therriault, Phillips and Pearce voting "yea," and Senator Ellis
voting "nay."
There being no further business to come before the committee,
CHAIRWOMAN PEARCE adjourned the meeting.
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