Legislature(2017 - 2018)
2018-06-27 House Journal
Full Journal pdf2018-06-27 House Journal Page 3815 HB 285 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:08 p.m., June 6: CONFERENCE CS FOR HOUSE BILL NO. 285 "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." 2018-06-27 House Journal Page 3816 The following memorandum dated May 21 was received from Gerald P. Luckhaupt, Revisor of Statues, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in CCS HB 285, which has been corrected in enrolling. Due to a computer error, sections 4 - 6, dealing with capital appropriations that were approved by the conference committee, were 1 omitted when the "numbers" sections of the bill were transmitted by the Division of Legislative Finance to the Division of Legal and 2 Research Services to be merged with the "language" sections. As a result, when the final conference committee substitute was created, these sections were erroneously omitted. The error is manifest because (1) the conference committee report and other public documents from the conference committee reflect that the conference committee adopted six capital budget items, one from the senate approved budget and five from the house approved budget (see, e.g., April 17, 2018 Conference Committee Motion Sheet, p. 6); these items were all included in the mental health budget introduced by the governor (HB 285); (2) Representative Seaton explained on the floor of the House of Representatives that the conference committee substitute fully funded the six capital projects requested by the governor, and Senator Hoffman explained on the Senate floor that the conference committee substitute included six capital project items requested by the governor and listed the five amounts that were not included in the original senate budget; (3) both the Senate and the House of Representatives adopted the conference committee substitute; (4) the title of the conference committee substitute provides that it is "making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program"; the only capital expenses are in secs. 4 - 6; (5) the numbering of the bill skips from sec. 4 to sec. 7; 1 Prepared by the Division of Legislative Finance. 2 Prepared by the Division of Legal and Research Services. 2018-06-27 House Journal Page 3817 (6) the final line of sec. 3 states that sec. 4 begins on the next page (p. 11, line 15, CCS HB 285); instead the next page begins with sec. 7. Based upon the foregoing, I have determined that the printed version of CCS HB 285 does not accurately reflect legislative action, is unquestionably inaccurate, and that nothing in the record suggests that the failure to include secs. 4 - 6 was intentional. For all of these reasons, CCS HB 285 was corrected by the addition of secs. 4 - 6, as set out below: Page 12, before line 1: Insert new bill sections to read: "* Sec. 4. The following appropriation items are for capital projects and grants from the general fund or other funds as set out in section 5 of this Act by funding source to the agencies named for the purposes expressed and lapse under AS 37.25.020, unless otherwise noted. Appropriation General Other Allocations Items Funds Funds * * * * * * * * * * * * * * * Department of Health and Social Services * * * * * * * * * * * * * * * MH Essential Program Equipment 500,000 250,000 250,000 (HD 1-40) MH Home Modification and Upgrades to 1,050,000 750,000 300,000 Retain Housing (HD 1-40) * * * * * * * * * * * * * * * Department of Revenue * * * * * * * * * * * * * * * Alaska Housing Finance Corporation 2018-06-27 House Journal Page 3818 MH: AHFC Beneficiary and Special Needs 1,700,000 1,500,000 200,000 Housing (HD 1-40) MH: AHFC Homeless Assistance Program 7,800,000 6,850,000 950,000 (HD 1-40) MH: Housing - Grant 604 Department of 100,000 100,000 Corrections Discharge Incentive Grants (HD 1-40) * * * * * * * * * * * * * * * Department of Transportation and Public Facilities * * * * * * * * * * * * * * * MH Coordinated Transportation and 1,300,000 1,000,000 300,000 Vehicles (HD 1-40) (SECTION 5 OF THIS ACT BEGINS ON THE NEXT PAGE) * Sec. 5. The following sets out the funding by agency for the appropriations made in sec. 4 of this Act. Funding Source Amount Department of Health and Social Services 1092 Mental Health Trust Authority Authorized Receipts 550,000 1139 Alaska Housing Finance Corporation Dividend 1,000,000 *** Total Agency Funding *** 1,550,000 Department of Revenue 1092 Mental Health Trust Authority Authorized Receipts 1,250,000 1139 Alaska Housing Finance Corporation Dividend 8,350,000 *** Total Agency Funding *** 9,600,000 Department of Transportation and Public Facilities 1092 Mental Health Trust Authority Authorized Receipts 300,000 1139 Alaska Housing Finance Corporation Dividend 1,000,000 2018-06-27 House Journal Page 3819 *** Total Agency Funding *** 1,300,000 * * * * * Total Budget * * * * * 12,450,000 (SECTION 6 OF THIS ACT BEGINS ON THE NEXT PAGE) * Sec. 6. The following sets out the statewide funding for the appropriations made in sec. 4 of this Act. Funding Source Amount Unrestricted General 1139 Alaska Housing Finance Corporation Dividend 10,350,000 *** Total Unrestricted General *** 10,350,000 Other Non-Duplicated 1092 Mental Health Trust Authority Authorized Receipts 2,100,000 *** Total Other Non-Duplicated *** 2,100,000 (SECTION 7 OF THIS ACT BEGINS ON THE NEXT PAGE)"" Also transmitted was a copy of the following letter dated May 15 to Ms. Mary Jane Michael, Chair, Alaska Mental Health Trust Authority: "Dear Ms. Michael: Pursuant to the requirements of AS 37.14.005(c), this letter and the enclosed reports describe how the funding contained in HB 285 (the FY19 Mental Health budget) and SB 142 (the Capital Bill) differ from the FY19 Mental Health Trust Authority's (Authority) funding recommendations for the State's integrated comprehensive mental health program. While the statute requires reporting only on general fund expenditures, information regarding expenditures of Authority receipts is also included in the attached reports. Operating Appropriations (report No. 1) For mental health operating program funding, the Agency Summary report compares the FY19 Mental Health Trust Authority operating budget recommendations to the Governor's request and to the appropriations passed by the legislature. Note that, for comparison purposes, Authority recommendations include FY19 salary 2018-06-27 House Journal Page 3820 adjustments and base transactions requested by the Governor. This brings the FY19 total Authority recommendations to $232.6 million (column 1). The Governor requested $232.5 million (column 2), and the Conference Committee's budget totaled $233.4 million (column 3). The Conference Committee budget is $902.9 above the Governor's request, an increase of 0.4%. Governor's Request (report No. 2) An enclosed Transaction Compare report shows differences between Authority recommendations and the Governor's request. The differences between the two are as follows: • Department of Natural Resources/Mental Health Trust Lands Administration. The MH Trust requested $355.2 more of MHTAAR funding (report No. 2, page 7) than the Governor requested; • Department of Revenue/MH Trust Operations. The Trust requested $267.9 more of MHT Admin funding (report No. 2, page 8) than the Governor's request; • Salary Adjustments in the following departments: o Admin - $5.0 GF/MH, Supervisory Unit o DOC - $83.4 GF/MH, Supervisory Unit o H&SS - $220.0 GF/MH and $19.6 MHTAAR, Supervisory Unit; plus $195.0 GF/MH, Labor Trades and Crafts (LTC) o Labor - $4.0 MHTAAR, Supervisory Unit o DOR - $6.0 GF/MH, Supervisory Unit Conference Committee Budget (report No. 3) The legislature treated the Governor's request as a starting point for budget deliberations. Other than the differences listed below, the legislature approved the FY19 Mental Health Budget as submitted by the Governor. • Department of Health and Social Services/Behavioral Health Treatment and Recovery Grants – fund change to replace $1.5 million of Alcohol and Other Drug Treatment and Prevention Funds (code 1180) with Recidivism Reduction Funds (code 1246); • Department of Health and Social Services - transferred $159.0 of MHTAAR funding from Medicaid Services/Behavioral Health Medicaid Services to Behavioral Health/ Behavioral 2018-06-27 House Journal Page 3821 Health Administration AND added $159.0 GF/MH for one- time study on improving Alaska's capacity to treat defendants with acute mental health needs; • Department of Natural Resources/Mental Health Trust Lands Administration – added $326.0 MHTAAR to partially restore the Mental Health Trusts full request; â?¢ Department of Revenue/Mental Health Trust Operations – added $267.9 MHT Admin funding to fully restore the Mental Health Trust's request and added one PFT Program Manager position; and â?¢ University of Alaska/Anchorage Campus – added $150.0 GF/MH to maintain operations of the Alaska Justice Information Center. Supplemental Appropriations Mental Health supplemental requests submitted by the Governor were accepted as follows: • Capital supplemental - $3 million GF/MH (UGF) plus $9 million ACHI funds (DGF) for substance use disorder grants (the Governor requested $18 million GF/MH); and • Operating supplemental - $1,736.0 GF/MH (FY18-19) (plus $682.0 I/A and $682.0 SD/PR) and 20 PFT positions to expand nursing capacity at the Alaska Psychiatric Institute. Capital Appropriations (report No. 4) The Authority recommended a $14.8 million capital budget. The Governor's request totaled $12.45 million (a reduction of $2.35 million) and was approved by the legislature as submitted. The enclosed FY2019 Capital Project Detail by Agency report shows how the Governor modified the Authority's recommendations. New Legislation (report No. 5) The legislature added $825.0 (DGF) in FY19 to the Department of Health and Social Services associated with SB128 (incorporated into SB104) for the purpose of marijuana education and treatment programs. Fund code 1254 (MET Fund) was created to track the 25% of marijuana excise tax that will be the source of the new fund: • Behavioral Health/BH Treatment and Recovery Grants - $65.0 MET Fund; and • Public Health/Public Health Administration Services - $760.0 MET Fund. 2018-06-27 House Journal Page 3822 If you have questions regarding the enclosed reports, please contact Kelly Cunningham of the Legislative Finance Division at 465-3821. Sincerely, /s/ Representative Paul Seaton Conference Committee Vice Chair Senator Lyman Hoffman Conference Committee Chair Enclosures Agency Summary (Operating Budget) Transaction Compare between MH Trust Request & Governor's Amd+ Transaction Compare between GovAmd+ and CC5 w/ Salary Adjustments Capital Project Detail by Agency Transaction Detail – Bills (New Legislation)"