Legislature(1995 - 1996)
05/03/1995 08:45 AM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE CONCURRENT RESOLUTION 19
Requesting the Governor to direct the Department of
Corrections to establish a task force to study current
and future department operations.
Representative Mulder stated that HCR 19 would request a
task force study of the operations and future needs of the
Department of Corrections. He said that the Department of
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Corrections has been "running so fast to keep up", they have
not been able to spend any time thinking about where the
Department ought to be going. He added that the resolution
and the fiscal note would allow the Department to do the
planning necessary in order to control costs.
Representative Mulder continued that the task force
recommended by the resolution would provide a broad
perspective and would be composed of four legislators, five
representatives of the administration, one representative of
the judiciary branch and three representatives of the
public. The task force would be requested to report back by
the end of January, 1996.
Representative Brown referenced Page 2, Line 6-7, and
recommended elements of the comprehensive plan not be
predisposed. She recommended deleting the language "for
private construction of prison facilities and private
operations of prison facilities;." Representative Brown
MOVED to adopt Amendment #1. Representative Mulder noted
that he would consider that a "friendly" amendment. There
being NO OBJECTION, it was adopted.
Representative Mulder MOVED to adopt Amendment #2, 9-
LS1092\A.1, Lauterbach, 4/26/95. [Attachment #1]. He
stated that the amendment would allow for the Governor, the
Speaker of the House and the Senate President to select the
people from the private sector.
Representative Parnell OBJECTED for purposes of discussion.
He asked the motivation of the task force in being composed
of public and private members as opposed to giving money to
the Department to hire a private contractor to perform the
service. Representative Mulder replied that he thought the
money would not be available through the capital budget and
that he felt the Legislature would be more cooperative if
they were included in the initial stages of planning of the
task force.
Representative Mulder advised that privatization of prisons
was the future goal in addressing terms of management of a
large organization and facility.
Representative Martin pointed out that the fiscal note would
amount to $1000/day for the task force. He stressed that
the work could be performed for a lower cost.
Representative Mulder explained that the Department of
Corrections also included a fiscal note in the amount of
$350 thousand dollars. He continued, following
conversations with other people in the business of
evaluations, in hiring an outside contractor to do the
evaluation, the reasonable cost would be $150 thousand
dollars. He then added additional funds to cover the cost
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of a staff person.
Representative Parnell recommended placing the requested
funds on the contractual line rather than the miscellaneous
line. Representative Mulder stated that the miscellaneous
line would allow for the maximum flexibility.
Representative Navarre pointed out that the Department of
Corrections has had their planning money reduced for many
years. He emphasized that short funding would result in an
insufficient plan. He recommended fully funding the note
requested by the Department.
Representative Brown proposed for the Committee's
consideration a change to Page 2, Line 13, following the
word "organizations", adding the language "who do not have
financing interest in the issues to be addressed". She
emphasized that there should be an independent objective
review.
Representative Mulder reminded Committee members that
Amendment #2 had not yet been decided. Representative
Parnell WITHDREW the OBJECTION to adopting Amendment #2.
There being NO further OBJECTION to Amendment #2, it was
adopted.
Representative Brown MOVED to adopt Amendment #3, the
previous recommended language addition to Page 2, Line 13,
to avoid the issue of public members having a direct
financial interest in the outcome of the legislation.
Representative Parnell stated that the independent
consultants should be ones that are really "independent".
He stated that language was already included on Lines 15 &
16.
BOB COLE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF CORRECTIONS, commented that in completing
joint meetings with the legislative branch, the Department
must find a way to accommodate the increasing demands
currently placed on the cost of imprisonment. He added that
there are many issues at hand with huge financial
implications to the State. The language of the resolution
is similar to that written by the Department in the capital
budget request.
Mr. Cole added that this type of project could require
spending between $100 thousand to $1.0 million dollars and
could take up to five years to complete. He stated that the
$350 thousand dollar fiscal note provided by the Department
was a modest amount to complete the project. Mr. Cole
summarized that it would be the intent of the Department to
hire a contractor who clearly did not have financial benefit
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from the process except on a contractual level.
Representative Parnell pointed out that Lines 15 & 16
clarify that the consultant not have a direct financial
stake in the enterprise. Representative Mulder agreed with
Representative Parnell and felt that inclusion of the
language recommended by Representative Brown was not
necessary. Representative Brown WITHDREW the MOTION to
adopt Amendment #3.
Representative Brown asked if both majority and minority
representatives would be appointed. Representative Mulder
noted that was the intention. Representative Brown advised
that should be stipulated in the policy. Representative
Mulder stated that would not be necessary.
(Tape Change, HFC 95-111, Side 2).
Representative Mulder MOVED to adopt Amendment #4.
[Attachment #2]. Representative Martin OBJECTED.
Representative Mulder stated that there are elements of the
study that will take longer to accomplish and which will
take time for a comprehensive review.
Mr. Cole noted that the Department is bound by three union
agreements. If a portion of the analysis requests that a
section of the Department be privatized, the State is bound
by the union agreement to negotiate a cost benefit analysis.
He stressed that would not be possible by next year's
legislature. He voiced support for the amendment.
A roll call was taken on the MOTION.
IN FAVOR: Mulder, Navarre, Parnell, Brown, Kelly,
Foster
OPPOSED: Martin
Representatives Kohring, Therriault, Grussendorf and Hanley
were not present for the vote.
The MOTION PASSED (6-1).
Representative Parnell MOVED that the fiscal note money line
be moved to the "contractual" line. There being NO
OBJECTION, it was moved.
Representative Brown MOVED to report CS HJR 19 (FIN) out of
Committee with a "do pass" recommendation and with a fiscal
note by the House Finance Committee.
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