HOUSE BILL NO. 372 "An Act relating to the four dam pool transfer fund." RANDY WELKER, LEGISLATIVE AUDITOR, LEGISLATIVE AFFAIRS AGENCY observed that HB 372 was requested by the Legislative Budget and Audit Committee. He explained that the Legislature failed to make an appropriation link between the Four Dam Pool Transfer Fund and the receiving fund from which the appropriation was made. House Bill 372 would add language to clarify the intent of the Legislature that the funds be appropriated for the involved projects. House Bill 372 will remove the subject to appropriation language and insert "unless otherwise provided in an appropriation." He stressed that expenditures cannot occur absent appropriation. Representative Hanley referred to a letter from the Department of Law to Senator Taylor, dated 1/3/94, in regards to the transfer of funds to the Southeast Energy Fund (copy on file). He maintained that the Department of Law was incorrect in concluding that the funds could be transferred. He expressed support for HB 372. JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR stressed that HB 372 would create a mechanism for inner account transfers. Representative Brown provided members with AMENDMENT 1 (copy on file). Amendment 1 would delete all material after "fund", on page 1, line 6; and insert "to the general fund." She explained that the amendment would add $12 million dollars back to the General Fund. She stressed that the appropriations have not yet been made. She argued that the projects contained are not priorities of the State of Alaska. She recommended that the Committee be fiscally responsible. Representative Brown MOVED to ADOPT AMENDMENT 1. Representatives Parnell and Martin spoke in opposition to the amendment. Representative Martin OBJECTED to the amendment. A roll call vote was taken on the motion. IN FAVOR: Brown OPPOSED: Grussendorf, Hoffman, Navarre, Foster, Hanley, Martin, Parnell, Therriault, Larson 3 Co-Chair MacLean was not present for the vote. The MOTION FAILED (1-9). Representative Brown asked if the appropriation is a continuing appropriation. Mr. Welker replied that the legislation simply directs the revenue flow to a subaccount within the General Fund. Legislative appropriation is still required for the expenditure. Representative Martin MOVED to report HB 372 out of Committee with individual recommendations and with the accompanying fiscal note. Representative Brown OBJECTED. A roll call vote was taken on the motion. IN FAVOR: Grussendorf, Hoffman, Navarre, Foster, Hanley, Martin, Parnell, Therriault, Larson OPPOSED: Brown Co-Chair MacLean was not present for the vote. The MOTION PASSED (9-1). HB 372 was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Department of Community and Regional Affairs.