Legislature(2003 - 2004)
2004-03-08 House Journal
Full Journal pdf2004-03-08 House Journal Page 2895 SB 283 The following, which had been moved to the bottom of the calendar (page 2889), was read the third time: CS FOR SENATE BILL NO. 283(FIN) "An Act making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2003 into the constitutional budget reserve fund; making an appropriation for investment management fees for the constitutional budget reserve fund; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Representative Berkowitz moved and asked unanimous consent that CSSB 283(FIN) be returned to second reading for the specific purpose of considering Amendment No. 10. There being no objection, it was so ordered. Amendment Nos. 5 - 9 were not offered. Amendment No. 10 was offered by Representatives Harris, Berkowitz, Coghill, Croft, Joule, Kerttula, Kott, Rokeberg, Williams, Lynn, and Guttenberg: Page 1, line 4, following "fund" (title amendment): Insert "for fiscal year 2004; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2005; making appropriations to the Department of Education and Early Development for K-12 educational programs; making appropriations to the University of Alaska and the Alaska Court System; making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2004 into the constitutional budget reserve fund; making an appropriation of the amount 2004-03-08 House Journal Page 2896 necessary to balance revenue and general fund appropriations for fiscal years 2004 and 2005; making appropriations for power cost equalization and for grants to municipalities, unincorporated communities, and designated recipients" Page 1, following line 7: Insert new bill sections to read: "* Section 1. DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT -- K-12 SUPPORT FOR FY 2005. The sum of $754,613,200 is appropriated to the Department of Education and Early Development for the purposes described and allocated in the amounts listed from the general fund and from other sources in the amounts set out: PURPOSE ALLOCATION Foundation Program $693,344,900 Boarding Home Grants 185,900 Youth in Detention 1,100,000 Special Schools 6,425,200 Pupil Transportation 53,557,200 FUND SOURCE AMOUNT General Fund Receipts $721,874,900 Federal Impact Aid for K-12 Schools 20,791,000 Public School Trust Fund 11,947,300 * Sec. 2. UNIVERSITY OF ALASKA -- FY 2005. The sum of $649,322,300 is appropriated to the University of Alaska for the purposes described and allocated in the amounts listed from the general fund and from other sources in the amounts set out: PURPOSE ALLOCATION Budget Reductions/Additions $ 29,993,400 - Systemwide Statewide Services 7,403,900 Statewide Networks (ITS) 13,551,900 Anchorage Campus 169,926,000 Kenai Peninsula College 7,720,000 Kodiak College 3,351,800 Matanuska-Susitna College 7,481,900 Prince William Sound 5,312,900 Community College Cooperative Extension 6,661,200 Service 2004-03-08 House Journal Page 2897 Bristol Bay Campus 2,313,600 Chukchi Campus 1,562,600 Fairbanks Campus 177,707,500 Fairbanks Organized Research 121,775,600 Interior-Aleutians Campus 2,990,200 Kuskokwim Campus 4,442,700 Northwest Campus 2,493,100 Rural College 6,863,800 Tanana Valley Campus 7,266,600 Juneau Campus 29,428,900 Ketchikan Campus 4,466,400 Sitka Campus 6,608,300 FUND SOURCE AMOUNT Federal Receipts $124,362,000 General Fund Match 2,777,300 General Fund Receipts 209,737,900 Inter-Agency Receipts 18,800,000 University of Alaska Restricted Receipts 234,190,000 Capital Improvement Project Receipts 4,762,200 Technical Vocational Educ. Program Receipts 2,868,900 University of Alaska Intra-Agency Transfers 51,824,000" Page 1, line 8: Delete "Section 1. CONSTITUTIONAL BUDGET RESERVE FUND. (a)" Insert "Sec. 3. CONSTITUTIONAL BUDGET RESERVE FUND APPROPRIATIONS. (a) The appropriations made in (c) - (f) of this section are contingent upon (1) the passage by the Twenty-Third Alaska State Legislature during the Second Regular Session and enactment into law of a bill that increases the base student allocation under AS 14.17.470 to at least $4,588, and (2) the enactment of this bill into law in a form that is identical to the version of this bill that passes both houses of the legislature. If this contingency is not satisfied, the appropriations made in (c) - (f) of this section are void and of no effect. (b)" Page 2, line 1: Delete "(b) The" Insert "(c) Subject to (a) of this section, the" 2004-03-08 House Journal Page 2898 Page 2, lines 5 - 8: Delete all material and insert: "(d) Subject to (a) of this section, if the unrestricted state revenue available for appropriation in fiscal years 2004 and 2005 is insufficient to cover the general fund appropriations that take effect in fiscal years 2004 and 2005, the amount necessary to balance revenue and general fund appropriations for those fiscal years is appropriated to the general fund from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska). (e) Subject to (a) of this section, deposits in the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) for fiscal year 2004 that are made from subfunds and accounts other than the operating general fund (state accounting system fund number 11100) by operation of art. IX, sec. 17(d), Constitution of the State of Alaska, to repay appropriations from the budget reserve fund are appropriated from the budget reserve fund to the subfunds and accounts from which they were transferred. (f) Subject to (a) of this section, the sum of $125,000 is appropriated from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) to the Department of Revenue, treasury division, for the fiscal year ending June 30, 2005, for investment management fees for the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska). (g) The amount equal to the difference between $15,700,000 and the amount appropriated to the power cost equalization and rural electric capitalization fund (AS 42.45.100) under sec. 4(ff) of this Act, estimated to be $4,400,000, is appropriated from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) to the power cost equalization and rural electric capitalization fund (AS 42.45.100). * Sec. 4. MISCELLANEOUS APPROPRIATIONS. (a) The appropriations made in (b) - (ff) of this section are contingent upon each of the appropriations made in sec. 3(b), (c), (d), (e), (f), and (g) of this Act passing upon an affirmative vote of at least three-fourths of the members of each house of the legislature. If this contingency is not satisfied, the appropriations made in this section are void and of no effect. (b) Subject to (a) of this section, the sum of $84,500,000 is appropriated from the general fund to the Department of 2004-03-08 House Journal Page 2899 Education and Early Development for the foundation program for the fiscal year ending June 30, 2005. (c) Subject to (a) of this section, the sum of $15,800,000 is appropriated from the general fund to the University of Alaska to pay for university operations and for the additional costs of participation in employee retirement systems for the fiscal year ending June 30, 2005. (d) Subject to (a) of this section, the sum of $1,821,100 is appropriated from the general fund to the Alaska Court System to pay the additional costs of participation in employee retirement systems for the fiscal year ending June 30, 2005. (e) Subject to (a) of this section, the sum of $3,400,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Shishmaref for erosion control. (f) Subject to (a) of this section, the sum of $1,000,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.316 to Yuut Elitnauriviat, Inc., for design and construction of People's Learning Center, phase I. (g) Subject to (a) of this section, the sum of $779,600 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Dillingham for middle school roof repair and high school gym roof repair. (h) Subject to (a) of this section, the sum of $250,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Craig for boat haul out construction. (i) Subject to (a) of this section, the sum of $165,000 is appropriated from the general fund to the Department of Administration for payment as a grant under AS 37.05.316 to Capital Community Broadcasting, Inc. (KTOO) for capitol broadband link and digital video server. (j) Subject to (a) of this section, the sum of $314,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Angoon for city dock and boat harbor repair and expansion. 2004-03-08 House Journal Page 2900 (k) Subject to (a) of this section, the sum of $200,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Allakaket for purchase of heavy equipment. (l) Subject to (a) of this section, the sum of $150,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.317 to the Metlakatla Indian Community for a feasibility study of a barge haul out. (m) Subject to (a) of this section, the sum of $125,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Haines for Port Chilkoot dock infrastructure construction. (n) Subject to (a) of this section, the sum of $120,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.317 to the unincorporated community of Klukwan for cultural center planning, engineering, and construction. (o) Subject to (a) of this section, the sum of $100,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.317 to the unincorporated community of Rampart for purchase of a bulldozer. (p) Subject to (a) of this section, the sum of $95,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City and Borough of Yakutat for boat harbor facility upgrades. (q) Subject to (a) of this section, the sum of $65,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Kake for community hall/building renovation. (r) Subject to (a) of this section, the sum of $50,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Hoonah for purchase of fire equipment. 2004-03-08 House Journal Page 2901 (s) Subject to (a) of this section, the sum of $50,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Skagway for construction of seawall and sea walk. (t) Subject to (a) of this section, the sum of $50,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Craig for fish enhancement hatchery and rearing facility construction. (u) Subject to (a) of this section, the sum of $25,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Cordova for community center construction. (v) Subject to (a) of this section, the sum of $25,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City and Borough of Yakutat for teen center construction. (w) Subject to (a) of this section, the sum of $25,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Fort Yukon for community center construction. (x) Subject to (a) of this section, the sum of $25,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Hydaburg for engineering and design of a heritage center. (y) Subject to (a) of this section, the sum of $20,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.317 to the unincorporated community of Naukati West for construction of a fire hall/public safety building. (z) Subject to (a) of this section, the sum of $3,500 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Tenakee Springs for search and rescue equipment. 2004-03-08 House Journal Page 2902 (aa) Subject to (a) of this section, the sum of $750,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the Municipality of Anchorage for critical transportation and other capital projects. (bb) Subject to (a) of this section, the sum of $500,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the Bristol Bay Borough for community cargo dock upgrades. (cc) Subject to (a) of this section, the sum of $150,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Togiak for purchase of search and rescue equipment. (dd) Subject to (a) of this section, the sum of $200,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of King Cove for power house rehabilitation. (ee) Subject to (a) of this section, the sum of $1,350,000 is appropriated from the general fund to the University of Alaska, Tanana Valley Community College, for renovation of the old Fairbanks Courthouse. (ff) Subject to (a) of this section, in accordance with AS 42.45.085(a), the amount not to exceed seven percent of the market value of the power cost equalization endowment fund (AS 42.45.070), determined by the commissioner of revenue to be $11,369,441.16, minus amounts appropriated during the fiscal year ending June 30, 2005, for reimbursement of the costs set out in AS 42.45.085(a)(2) and (3) is appropriated from the power cost equalization endowment fund (AS 42.45.070) to the power cost equalization and rural electric capitalization fund (AS 42.45.100). * Sec. 5. BUDGET RESERVE FUND. The appropriations of funds from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) made in sec. 3 of this Act are made under art. IX, sec. 17(c), Constitution of the State of Alaska. * Sec. 6. LAPSE. (a) The appropriations made by secs. 3(g) and 4(ff) of this Act are for the capitalization of funds and do not lapse. 2004-03-08 House Journal Page 2903 (b) The appropriations made by secs. 4(f), 4(i), 4(l), 4(n), 4(o), 4(y), and 4(ee) of this Act are for capital projects and lapse under AS 37.25.020. * Sec. 7. RETROACTIVITY. Sections 3(b), 3(c), and 3(d) of this Act are retroactive to July 1, 2003. * Sec. 8. Sections 3(b), 3(c), 3(d), 3(g), 4(e), and 7 of this Act take effect immediately under AS 01.10.070(c). * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect July 1, 2004." Representative Berkowitz moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSSB 283(FIN) Second Reading Amendment No. 10 YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire, Moses And so, Amendment No. 10 was adopted and the new title follows: CS FOR SENATE BILL NO. 283(FIN) am H "An Act making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2003 into the constitutional budget reserve fund; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2004; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2005; making 2004-03-08 House Journal Page 2904 appropriations to the Department of Education and Early Development for K-12 educational programs; making appropriations to the University of Alaska and the Alaska Court System; making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2004 into the constitutional budget reserve fund; making an appropriation of the amount necessary to balance revenue and general fund appropriations for fiscal years 2004 and 2005; making appropriations for power cost equalization and for grants to municipalities, unincorporated communities, and designated recipients; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (HCR 34 - title change resolution) CSSB 283(FIN) am H was automatically in third reading. The question being: "Shall CSSB 283(FIN) am H pass the House?" The roll was taken with the following result: CSSB 283(FIN) am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire, Moses And so, CSSB 283(FIN) am H passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause (Section 8). There being no objection, it was so ordered. 2004-03-08 House Journal Page 2905 Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause (Section 9). There being no objection, it was so ordered. Representative Coghill moved that the House adopt the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska. The question being: "Shall the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska be adopted?" The roll was taken with the following result: CSSB 283(FIN) am H Third Reading Constitutional Budget Reserve Appropriations YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire, Moses And so, the constitutional budget reserve appropriations were adopted. CSSB 283(FIN) am H was referred to the Chief Clerk for engrossment.