Legislature(2005 - 2006)HOUSE FINANCE 519
03/21/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB232 | |
| HB365 || HB366 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 365 | TELECONFERENCED | |
| += | HB 366 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 232 | TELECONFERENCED | |
HOUSE BILL NO. 365
"An Act making appropriations for the operating and
loan program expenses of state government, for certain
programs, and to capitalize funds; 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."
HOUSE BILL NO. 366
"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 Chenault noted that public testimony had been
previously completed. He announced that today the Committee
would take up amendments from the departments of
Corrections, Natural Resources, Public Safety, Alaska Court
System, and the Legislature.
3:10:39 PM
Before the Committee were work drafts for HB 365 and HB 366,
labeled 24-GH2033\I, and 24-GH2035\G, Bailey, 3\13\06, and
adopted by the Committee on March 14, 2006.
Representative Kelly MOVED to ADOPT DNR Amendment 1:
DEPARTMENT: Department of Natural Resources
APPROPRIATION: Resource Development
ALLOCATION: RS 2477/Navigability Assertions and
Litigation Support
DELETE: [$100,000]
FUNDING SOURCE: General Funds
EXPLANATION:
I believe DNR needs to dial up the desire to assert and protect and defend the
Alaskan life style, when they do then I'll support funding.
In the meantime, I feel that the Legislative Budget and
Audit (LBA) committee has done a good job of
contracting with DNR and will support moving the money
to LBA.
Representative Stoltze OBJECTED.
Representative Kelly explained that the amendment deletes
$100,000 from DNR's general fund, reduces it to $70,000, and
transfers it to Legislative Budget and Audit (LB&A). He
noted that LB&A had been providing oversight of RS 2477, in
regarding rights of way for state and federal lands. He
pointed out that the land was not being utilized in the
Department of Natural Resources, while commending the
department for their work, but proposed that LB&A would
better use these funds.
Representative Kerttula asked whether this group had
completed the RS 2477 in the past, with whom LB&A had been
working.
NICO BUS, ACTING DIRECTOR, DIVISION OF ADMINISTRATIVE
SERVICES, DEPARTMENT OF NATURAL RESOURCES, responded that
the $100,000 was intended to pay for processing fees for
reporting features, as well as for archeology to provide
historical evidence in court to support claims.
Representative Kerttula noted that LB&A had not completed
actual filing. Mr. Bus reported that the LB&A was given the
appropriation and contracted with DNR to do the work. He
noted that the funds are needed to complete the project, and
if it came through LB&A, the process would be quicker and
require less oversight.
Representative Stoltze asked if Nancy Welch headed the
project in Anchorage. Mr. Bus noted that Ms. Welch does not
work for the department.
Representative Hawker commented that legislative oversight
seemed to function well in this circumstance.
Representative Stoltze asked who was running the project.
Mr. Bus noted that Dick Mylius, Acting Director of the
Division of Mining Land and Water, is overseeing the
project.
Representative Stoltze WITHDREW his OBJECTION . There being
NO further OBJECTION, DNR Amendment 1 was adopted.
Representative Kelly MOVED to ADOPT DNR Amendment 2:
DEPARTMENT: Department of Natural Resources
APPROPRIATION: Resource Development
ALLOCATION: Agricultural Development
ADD: $50,000
FUNDING SOURCE: General Funds
EXPLANATION:
Amendment provides minimal financial support for the Agricultural Export
Research and Testing Project at the University of Alaska Fairbanks. Alaska seed
potatoes (lab-tested, disease-free) have been exported to Taiwan since1996. Since
1995, Alaska Agricultural Development & Marketing, Inc. (AADAM) has
worked and achieved a stable market for Alaska seed potatoes in Taiwan. Except
for one year following a political change in Taiwan, AADAM has sold from one
to three 20-ton containers of seed potatoes from the 2005 Alaska crop.
Subcommittee started with the Adjusted Base of $58.2
million
The Governor's request for this department was $62.7
million
We were given a target of $60.4 million (asking us to
reduce GF spending by $2.3 million)
The subcommittee exceeded its target by reducing GF to
$60.1 million
This amount is $2.6 less than Governor's request
Co-Chair Chenault OBJECTED.
SUE STANCLIFF, STAFF, REPRESENTATIVE KELLY, spoke to the
Amendment.
3:18:27 PM
Ms. Stancliff noted that since 1994, the Agricultural Export
Research and Testing Project has been very actively
promoting the sale of the Alaska virus-free seed potato to
the Taiwanese government. She noted their successes in past
years. She also pointed out that an increment for this
project was contained in the governor's budget.
Representative Kerttula asked for clarification as to the
purpose of the $50,000 of funding. She asked if $532,800 in
inter-agency receipts was coming from the university to
support another project in Palmer.
Ms. Stancliff stated that the projects were not related.
Representative Kerttula asked if capital budget monies were
also directed toward the project. Ms. Stancliff responded
that the amount was $250,000. She noted that the $50,000
was an amount for operating expenses.
Co-Chair Meyer asked whether the project would require this
funding every year, and whether it belonged in the
Department of Natural Resources. Ms. Stancliff responded
that she was not sure if the project would be continued the
following year. She also noted that the project had
previously been under the Department of Commerce and
Economic Development, and had been housed at the university.
Co-Chair Meyer suggested that perhaps the project ought to
be funded on its own, or be contained in the capital budget.
3:22:44 PM
Representative Kelly agreed that if the amendment did not
succeed, perhaps it might be considered in the capital
budget.
A Roll Call Vote was taken on the motion to ADOPT DNR
Amendment 2:
IN FAVOR: Foster, Holm, Joule, Kelly, Kerttula, Moses
OPPOSED: Stoltze, Weyhrauch, Hawker, Chenault, Meyer
The MOTION PASSED (6-5).
Co-Chair Chenault called a brief at ease.
Representative Kerttula MOVED to ADOPT DNR Amendment 3:
DEPARTMENT: Department of Natural Resources
APPROPRIATION: Resource Development
ALLOCATION: Agricultural Development
ADD: $50.0
FUNDING SOURCE: General Fund code 1004
EXPLANATION:
This amendment restores the fifty thousand dollars cut
from the budget for virus free seed potato funding for
the Alaska Plant Materials Center (PMC) in Palmer. The
Alaska Plant Materials Center produces clean seed stock
free of the diseases and pests common to other parts of
North America. The PMC provides the seed to growers
who wish to try new varieties in order to discourage
importation of seed from outside the state.
Maintaining a stockpile of disease and pest free potato
seeds is crucial to the health of potato crops in
Alaska.
Co-Chair Chenault OBJECTED.
3:26:22 PM
Responding to a question by Representative Kerttula, Mr. Bus
stated that he was not sure that the work on the virus free
seed potato would be included in funding from inter-agency
receipts. He commented that he would provide further
information to the committee.
Representative Kerttula noted that distributing seed
potatoes to the state was also an important portion of the
project. She stated a desire to see future money fund the
Alaska Plant Materials Center in Palmer.
Representative Kerttula WITHDREW DNR Amendment 3.
Representative Kerttula MOVED to ADOPT DNR Amendment 4:
DEPARTMENT: Department of Natural Resources
APPROPRIATION: Resource Development
ALLOCATION: Alaska Coastal Management Program
ADD: $133.0
FUNDING SOURCE: General Fund
EXPLANATION:
The Alaska Coastal Management Districts are still in
the process of revising their new plans. Additional
revisions are still needed. The increment of 133.0 is
needed to allow the districts to continue their work
that includes printing and distribution of the proposed
new plans as well as consultant fees.
Co-Chair Chenault OBJECTED.
Representative Kerttula recalled the battle over the Alaska
Coastal Management Program two years ago, which completely
revised the program for 30 districts around the state. She
clarified that the money does not go to the districts, but
rather to DNR to review and approve the plans. She stated
that without the funding the districts and state would have
difficulty implementing the plans.
A roll call vote was taken on the motion.
IN FAVOR: Foster, Joule, Kerttula, Moses
OPPOSED: Hawker, Holm, Kelly, Stoltze, Meyer, Chenault
The MOTION FAILED (4-6).
Representative Stoltze MOVED to ADOPT DPS Amendment 1:
Insert a new section
Sec. DEPARTMENT OF PUBLIC SAFETY. (a) The sum of
$1,393,200 is appropriated from the general fund to the
Department of Public Safety, division of Alaska State
Troopers, narcotics task force, for drug and alcohol
enforcement efforts during the fiscal year ending June
30, 2007.
(b) If the amount of federal receipts received by the
department from the Justice Assistance Grant program
for drug and alcohol enforcement efforts exceeds
$1,289,100, the appropriation in (a) of this section is
reduced by the equivalent amount.
EXPLANATION: Fully fund drug enforcement efforts
The committee substitute for HB 365 eliminates general
fund increments totaling $1,393,200 to replace lost
federal funding. The committee substitute also restores
a related reduction in federal receipts; the federal
receipt authority was reduced because there is no
expectation that the department will receive that level
of finding from federal grants
This amendment restores full funding for drug
enforcement efforts by appropriating general funds to
replace lost federal funding. The amendment leaves in
place the "empty" federal receipts authority added by
the subcommittee. If future federal funding for this
program is unexpectedly increased, then this extra
federal receipts authority will be used and a
corresponding amount of general funds will be reduced
from the appropriation
A discussion of the implications of not fully funding
this program follows.
Narcotics Task Force (958.9):
Addressing drug and illegal alcohol trafficking and use
across Alaska is one of the six core missions of the
Alaska State Troopers. The loss of funding would have a
devastating effect on the drug and alcohol operations.
Because of the importance to the overall safety and
quality of life and the progress that the department
has made in the past three years, it is important for
the department to continue drug and alcohol
investigative activities. If this funding is not
restored, the department would reallocate funding to
efforts outside the core missions, with reduced funding
most likely to urban patrol operations. Given that the
urban patrol functions (Mat-Su, Fairbanks,
Soldotna/Kenai, Girdwood) are stretched exceedingly
thin, the department most likely would reduce services
policies for minor crimes such as misdemeanor theft and
vandalisms.
Narcotics Task Force-Cooperative Operations with
Municipalities (300.0) The department has striven to
provide the maximum amount of existing federal funding
to municipal partners to promote viable drug unit
partnerships. While the department cannot speak for
the municipal partners, it is likely that, without this
funding, some of the joint drug units will cease to
exist. Once disbanded, the units are difficult to
reconstitute both in terms of agency commitment and
expertise. To attempt to maintain at least the same
level of operations, the department would need to back
fill the lost municipal positions with troopers, which
only exacerbates the effects described above.
Records and Identification (88.5)
This funding will be provided to the Records and
Identification unit (via a reimbursable services
agreement) to continue to fully fund two positions that
are essential to ensuring compliance with state and
federal law. Without these positions, the data quality
in the state and national criminal history, wanted
person, missing person, vehicle protection order and
sex offender registry files will decline. The
department is currently already suffering backlogs in
virtually every section of the repository.
Records and Identification (45.8):
This funding will be provided to the state crime lab
(via a reimbursable services agreement) to continue to
fully fund a latent fingerprint examiner position. When
these scientific analyses of evidence are not performed
in a timely manner, cases cannot proceed. Without these
funds, the lab will need to lay off or leave vacant a
position somewhere in the crime lab. Which position
would he affected depends on which backlogs have the
least priority at that time.
Co-Chair Meyer OBJECTED.
Representative Stoltze said that after conversations between
the committee, Office of Budget and Management, and
Commissioner William Tandeske, Commissioner, Department of
Public Safety, the decision was made to replace the money to
fully fund drug enforcement efforts.
3:30:07 PM
DAN SPENCER, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF PUBLIC SAFETY, confirmed that federal funding
has declined, including a year when it was zeroed out. He
explained that the amendment would provide for funds if
federal funding increases this year and would be returned to
the General Fund.
Co-Chair Meyer WITHDREW his OBJECTION to adopt DPS Amendment
1. There being NO further OBJECTION, it was so ordered.
3:32:13 PM
Representative Joule MOVED to ADOPT DPS Amendment 2:
DEPARTMENT: Department of Public Safety
APPROPRIATION: Council on Domestic Violence and Sexual
Assault
ALLOCATION: Council on Domestic Violence and Sexual
Assault
ADD: $100.0
FUNDING SOURCE: TANF
EXPLANATION:
Last year the center received $350,000 in funding
through the Department of Health and Social Services.
This year the center applied for funding through the
Council on Domestic Violence and Sexual Assault and
unfortunately received no funding for their operations
for the next fiscal year. Therefore, we are
requesting that the center receive an additional
$100,000 in funding to fully fund the program. Funding
the center in this manner will insure that the vital
services they provide to the region can continue
unhampered
Co-Chair Chenault OBJECTED.
Representative Joule spoke to the amendment. He recounted
experiences in Kotzebue with the Family Crisis Center, when
it was determined it should run out of Public Safety. He
noted that the Center had received $350,000 last year. He
pointed out that the Center has been operating since 1979,
providing services to women and children in need of
protection and shelter from domestic violence. He requested
that the committee fund their needed operating expenses.
A roll call vote was taken on the motion.
IN FAVOR: Foster, Joule, Kerttula, Moses
OPPOSED: Hawker, Holm, Kelly, Stoltze, Wehyrauch, Meyer,
Chenault
The MOTION FAILED (4-7).
Representative Joule MOVED to ADOPT DPS Amendment 3:
DEPARTMENT: Public Safety
APPROPRIATION: Alaska State Troopers
ALLOCATION: AK Bureau of Wildlife Enforcement, Aircraft
Section, and Marine Enforcement
ADD INTENT LANGUAGE:
It is the intent of the legislature that the funding
source change in these allocations from Fish and Game
Fines (Fish and Game Fund) to direct appropriation of
General Funds will not result in reduction of the
department's fish and wildlife enforcement efforts.
EXPLANATION:
Currently, certain fines for fish and wildlife
violations are appropriated into the Fish and Game Fund
and then used as a funding source for portions of the
Public Safety Budget. Since funds generated by fines
are actually General Fund, this year's budget proposes
to skip the extra steps of appropriating those funds
into the Fish and Game Fund and then back out to Public
Safety. The legislature wants to ensure that this loss
of one motivation for generating fines does not reduce
the department's emphasis on enforcing fish and
wildlife laws and regulations.
Representative Weyhrauch OBJECTED.
Representative Joule pointed out that no funding was
attached to the amendment. He stressed that it was
necessary to ensure that adequate game management was
present at certain "hot spots". He concluded that the
intention of the amendment is to ensure continued emphasis
by the Department on enforcement of fish and wildlife
protection.
Mr. Spencer said that the Department does not object to
Amendment 3, or the underlying fund source change. It is
possible that the change could make more money available.
He assured the committee that overall enforcement would not
be affected, regardless of the funding source.
3:38:05 PM
Representative Weyhrauch WITHDREW his OBJECTION to the
motion to adopt DPS Amendment 3. There being NO further
OBJECTION, it was so ordered.
Representative Kerttula MOVED to ADOPT Court Amendment 1:
DEPARTMENT: Alaska Court System
APPROPRIATION: Alaska Court System
ALLOCATION: Trial Courts, Bethel Court Security System
ADD: $75,000 (restore to $150,000 funding)
FUNDING SOURCE: General Fund
EXPLANATION:
The courts subcommittee funded half of the $150,000
requested by the court system. However, half the
requested funds will not allow security at the Bethel
courthouse to be adequately upgraded. This will ensure
the safety of the Bethel courthouse to the same extent
as other state courthouses.
Co-Chair Chenault OBJECTED.
Representative Kerttula explained that the original amount
requested for security at the Bethel courthouse was
$150,000. The request now is for $75,000.
CHRIS CHRISTENSEN, STAFF COUNSEL, ALASKA COURT SYSTEM
related that the court system has more people coming through
its doors every day than any other governmental institution,
except for public schools. A large percentage of those
people are violent and emotional. He maintained that the
court system has a duty to ensure the safety of its
employees, jurors, witnesses, and others ordered to appear.
Over the last ten years, screening stations have been
provided in some courthouses. Bethel is next on the list to
receive this protection. Bethel is one of the largest court
facilities in the state and has a disproportionate number of
violent felonies being tried. The courts subcommittee
funded half of the amount needed. The equipment has already
been purchased, but security guards are needed to operate
the equipment.
3:41:14 PM
Co-Chair Chenault asked why it costs twice as much in Bethel
as in Kenai or Anchorage.
Mr. Christensen pointed out that it is also more expensive
in Juneau. There are contract security companies in the
larger cities, which makes it cheaper.
3:42:24 PM
Representative Kelly asked if there have been problems with
security in Bethel. Mr. Christensen reported that there
have been a number of minor incidents. He noted that one of
the main issues is failure to show up for court duty. There
is a need to protect those who are subpoenaed to court. He
pointed out that 85 percent of the court system's non-
judicial employees are female, and they are constantly
dealing with threats.
Co-Chair Chenault MAINTAINED his OBJECTION.
A roll call vote was taken on the motion.
IN FAVOR: Joule, Kerttula, Moses, Foster
OPPOSED: Hawker, Holm, Kelly, Stoltze, Weyhrauch, Chenault,
Meyer
The MOTION FAILED (4-7).
3:45:14 PM
Representative Kerttula MOVED to ADOPT Court Amendment 2:
DEPARTMENT: Alaska Court System
APPROPRIATION: Alaska Court System
ALLOCATION: Administration and Support, expand court
salary schedule to include "G" step.
ADD: $109,500
FUNDING SOURCE: General Fund
ALLOCATION: Appellate Courts, expand court salary
schedule to include "G" step.
ADD: $39,500
FUNDING SOURCE: General Fund
ALLOCATION: Trial Courts, expand court salary
schedule to include "G" step.
ADD: $426,000
FUNDING SOURCE: General Fund
EXPLANATION:
This amendment would allow court employees to attain a
"G" step, like the GGU executive branch employees have.
The additional step would help the court system retain
experienced non-judicial employees. The retention of
these employees is very important for the
administration of justice, because the current turnover
for court clerical employees is 50% after five years,
an unacceptably high rate. Such a high turnover
dramatically increases the cost of training and the
number of supervisors. It also leads to greater
inefficiency.
Co-Chair Chenault OBJECTED.
Representative Kerttula explained that this amendment would
allow court employees to attain a "G" step like the GGU
executive branch employees. Its purpose is to aid retention
of experienced non-judicial employees. The current turnover
for court clerical employees is 50 percent after five years,
which is unacceptable.
Mr. Christensen referred to a statute in Title 22, which
deals with court employee salaries. They must be compared
to those in the executive branch. He suggested that court
employees are very aware of what is going on with salaries
in the executive branch. He related inequities between the
two systems. He explained that the amendment is in the
interest of fairness. He mentioned the high turnover rate
and excessive costs related to low pay.
Representative Kerttula noted that these are the people
behind the counter. She argued that a whole body of
knowledge is lost when they quit. She asked for support for
the amendment.
Co-Chair Chenault MAINTAINED his OBJECTION.
Representative Kelly asked if there is another way of
solving this problem and if this is a bandaid approach.
Representative Kerttula said that 25 years ago it was a good
salary, however court salaries have been held static. This
amendment should change it.
Representative Kelly referred to other areas that are having
problems retaining employees. He questioned whether this
would solve the problem.
3:51:27 PM
A roll call vote was taken on the motion.
IN FAVOR: Joule, Kerttula, Moses
OPPOSED: Hawker, Holm, Kelly, Stoltze, Weyhrauch, Chenault,
Meyer, Foster
The MOTION FAILED (3-8).
There was a brief at-ease.
3:53:06 PM
Representative Kerttula WITHDREW Court Amendment 3.
Representative Kerttula MOVED to ADOPT Court Amendment 4:
DEPARTMENT: Alaska Court System
APPROPRIATION: Judicial Council
ALLOCATION: Judicial Council, evaluation of retired
judges serving pro tem and surveys of
the performance of magistrates and
standing masters.
ADD: $40,500
FUNDING SOURCE: General Fund
EXPLANATION:
Under Alaska Administrative Rule of Court 23, retired
judges can be appointed temporarily (pro tem) to hear
motions, hold settlement conferences, and conduct
trials. This relieves court congestion by utilizing
highly experienced judges. Some pro tem judges sit
regularly. Currently they are not evaluated like other
judges. This appropriation will allow them to be
evaluated by the bench and bar to ensure that future
pro tem appointments are made from the most qualified
retired judges.
Magistrates and standing masters, like judges, should
be periodically evaluated. Magistrates are the only
judicial officers throughout much of the Bush.
Standing (permanent full-time) masters handle many
interim family law motions and hearings, as well as
most probate matters in urban courts. Unlike judges,
they are not now evaluated. The bench and bar have no
formal process to review their performance. This
amendment will allow such a review, so the presiding
judges and the Supreme Court can adequately review how
well they are performing.
Co-Chair Chenault OBJECTED.
Representative Kerttula explained that the amendment is for
a small amount, but would have a significant impact. The
Alaska Judicial Council does the analysis for the evaluation
of judges. They currently do not evaluate magistrates or
retired judges acting as pro tems. This amendment allows
for funds for an evaluation of retired judges serving pro
tem and surveys of the performance of magistrates and
standing masters. She argued that it results in excellent
studies about judge retention.
Mr. Christensen pointed out that this is something that the
Supreme Court would like the Judicial Council to do. Judges
have extensive reviews done of their work and so should
magistrates, pro tems, and standing masters.
3:57:45 PM
Representative Weyhrauch asked if the evaluations would be
required. He asked for assurances that they would be done.
Mr. Christensen thought that the Judicial Council is asking
that the money would be used specifically for this purpose.
Representative Kerttula agreed.
Representative Kelly noted that reviewing judges is a
difficult task. He wanted to be clear that the money will
be used to review those permissions.
Representative Kerttula said this group is very motivated
and organized and would do the reports. That is what the
money is to be used for. Representative Kelly clarified
that the reviews need to be done. Representative Kerttula
assured the committee of the sincerity of the group.
Mr. Christensen repeated that the Supreme Court is
requesting this information. He assured the committee that
it would get done and be used.
Co-Chair Chenault WITHDREW his OBJECTION to the motion to
adopt Court Amendment 4. There being NO further OBJECTION,
it was so ordered.
4:01:42 PM
Representative Kelly MOVED to ADOPT Legislature Amendment 1:
DEPARTMENT: Legislature
APPROPRIATION: Legislative Budget and Audit Committee
ALLOCATION: Committee Expenses
ADD: $70,000
FUNDING SOURCE: General Funds
EXPLANATION:
This increment shall be used for contracts with the
Department of Natural Resources for the purpose of
gathering and preparing data regarding potential
navigable water and RS 2477 rights-of-way.
There being NO OBJECTION, it was so ordered.
CSHB 365 (FIN) and CSHB 366 (FIN) were heard and HELD in
Committee for further consideration.
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