Legislature(1993 - 1994)

04/07/1994 01:40 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 370    An Act making appropriations for the operating and                 
            loan program expenses  of state government  and to                 
            capitalize funds; and  providing for an  effective                 
            date.                                                              
                                                                               
            HB  370   was  HELD   in  Committee   for  further                 
                                                                               
                                1                                              
                                                                               
                                                                               
            consideration.                                                     
                                                                               
  HOUSE BILL 370                                                               
                                                                               
       "An  Act making  appropriations for  the operating  and                 
       loan  program  expenses  of  state  government  and  to                 
       capitalize funds; and providing for an effective date."                 
                                                                               
  Department of Corrections                                                    
                                                                               
  Representative  Brown summarized  previous  action taken  on                 
  Amendment  #6 which had  been reduced by  $1 million dollars                 
  providing an add back of $8.635  million dollars.  She added                 
  that Amendment #6 would  restore the reductions made by  the                 
  House Finance Subcommittee and  would supplement funding  to                 
  the level requested by the Governor's amended budget for the                 
  Department of  Corrections.   Representative Brown  MOVED to                 
  adopt Amendment #6.                                                          
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown, Foster, Grussendorf, Hoffman.                     
       OPPOSED:       Parnell,    Hanley,   Martin,    Larson,                 
                      MacLean.                                                 
                                                                               
  Representatives Therriault and Navarre  were not present for                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (4-5).                                                     
                                                                               
  Representative Brown MOVED to adopt Amendment #3 which would                 
  impose a 2% unallocated reduction to the Governor's proposed                 
  budget to replace the 5%  component reduction recommended by                 
  the Correction's Subcommittee.   This reduction  would total                 
  $5,819.8  million  dollars.    A  2% reduction  would  total                 
  $2,327.9 million dollars.                                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown, Foster, Grussendorf, Hoffman.                     
       OPPOSED:       Parnell,   Hanley,    Martin,   MacLean,                 
                      Larson.                                                  
                                                                               
  Representative  Therriault  and Representative  Navarre were                 
  not present for the vote.                                                    
                                                                               
  The MOTION FAILED (4-5).                                                     
                                                                               
  Representative Brown MOVED to adopt Amendment #5.                            
                                                                               
  MARGARET PUGH, STAFF, REPRESENTATIVE FRAN ULMER, stated that                 
  Amendment #5 would restore  two Assistant Superintendents to                 
                                                                               
                                2                                              
                                                                               
                                                                               
  the  Wildwood  Correction  Center.    She added  that  other                 
  institutions were  reduced  by one  management position,  an                 
  Assistant  Superintendent.   Wildwood  had three  management                 
  positions eliminated,  and that the  amendment would  return                 
  Wildwood to parity with the other institutions in the State.                 
                                                                               
  FRANK  PREWITT,  COMMISSIONER,  DEPARTMENT  OF  CORRECTIONS,                 
  pointed out that  most prison  facilities are multi  purpose                 
  and have combined pretrial and misdemeanant relations.  When                 
  the  Assistant  Superintendent position  is  eliminated, the                 
  Superintendent  will then  have  the responsibility  for the                 
  entire   management   structure.      Commissioner   Prewitt                 
  reiterated  that  without  these  positions  the  management                 
  structure at Wildwood would be deficient.                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown, Foster, Grussendorf, Hoffman.                     
       OPPOSED:       Therriault,  Hanley,  Martin,   Parnell,                 
                      Larson, MacLean.                                         
                                                                               
  Representative Navarre was not present for the vote.                         
                                                                               
  The MOTION FAILED (4-6).                                                     
                                                                               
  Representative Brown MOVED to  adopt Amendment #4 explaining                 
  that it would impose a 5% unallocated reduction, rather than                 
  identifying components.  This would  give the administration                 
  maximum flexibility to handle reductions.                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown, Foster, Grussendorf.                              
       OPPOSED:       Hanley,  Martin,  Parnell,   Therriault,                 
                      Larson, MacLean.                                         
                                                                               
  Representatives Hoffman and Navarre were not present for the                 
  vote.                                                                        
                                                                               
  The MOTION FAILED (3-6).                                                     
                                                                               
  Representative Parnell MOVED to adopt Amendment #9, a Letter                 
  of Intent which would provide  language assuring that public                 
  safety   would  be  protected   upon  a  prisoners  release.                 
  Commissioner Prewitt  advised that the  Legislature's intent                 
  would be difficult to execute because of inadequate funding.                 
  There being NO OBJECTION, it was adopted.                                    
                                                                               
  Co-Chair Larson  MOVED to  adopt Amendment  #10 which  would                 
  provide an increment of  $334.7 thousand dollars to be  used                 
  for   electronic  monitoring   and  day   reporting  centers                 
  contracted out to the private sector.                                        
                                                                               
                                3                                              
                                                                               
                                                                               
  MELVA KROGSENG, STAFF, REPRESENTATIVE RAMONA BARNES, advised                 
  that Speaker Barnes  supported Amendment #10 and  asked that                 
  the   service  be   contracted   out  of   the   Department.                 
  Representative Brown questioned the per  prisoner cost.  Ms.                 
  Krogseng replied that by using  staff from the Department of                 
  Corrections, the cost of the services would increase whereas                 
  contracting the service out would defray that cost.                          
                                                                               
  Commissioner Prewitt remarked that the "in house" cost would                 
  be $15 dollars per day for  electronic monitoring.  He asked                 
  what  type of offender  the legislature  would expect  to be                 
  electronically monitored.                                                    
                                                                               
  DIANE   SCHENKER,   SPECIAL    ASSISTANT,   DEPARTMENT    OF                 
  CORRECTIONS,  stated  that  DWI  offenders  are  statutorily                 
  exempt from electronic monitoring.                                           
                                                                               
  There being NO OBJECTION to Amendment #10, it was adopted.                   
                                                                               
  Co-Chair   MacLean   MOVED  to   adopt  the   Department  of                 
  Correction's  budget  as  amended   by  the  House   Finance                 
  Committee.  There being NO OBJECTION, it was adopted.                        
                                                                               
  Front Section                                                                
                                                                               
  Co-Chair Larson explained the changes made in work draft #8-                 
  GH2027\E, Utermohle, 4/01/94.                                                
                                                                               
  JAY  HOGAN, STAFF, REPRESENTATIVE  RON LARSON, clarified the                 
  changes made to Section #6.  Currently, the State  insurance                 
  catastrophe reserve  sweeps left over balances at the end of                 
  a fiscal year for a substantial  portion of that money.  The                 
  concept of back  up reserves is currently  being considered.                 
  Mr. Hogan said that the Committee is being asked to consider                 
  a budget reserve back up appropriation.  Section #6 was HELD                 
  open.                                                                        
                                                                               
  Representative Martin referenced Section #5 and asked if the                 
  shortfall had been  appropriated from  the general fund  for                 
  Title XX of the Social Security Act.                                         
                                                                               
  JANET CLARKE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,                 
  DEPARTMENT  OF  HEALTH  AND  SOCIAL  SERVICES,  stated  that                 
  Section #5 relates to Title XX funds.   The action which the                 
  Committee took kept this portion in the front section of the                 
  operating budget.  She added that there has been information                 
  available  regarding over  collection  and federal  receipts                 
  received over the  years.   The general funds  will be  used                 
  within the Division of  Family and Youth services budget  in                 
  order  to qualify  for the  federal funds  which are  spread                 
  throughout the budget.                                                       
                                                                               
                                4                                              
                                                                               
                                                                               
  Co-Chair  Larson  commented  on  Section  #12  stating  that                 
  according to  the Constitution, the permanent  fund earnings                 
  go to  the general fund or whatever  sources the Legislature                 
  determines.  Section #12 would recommend that those funds go                 
  into the dividend fund.                                                      
                                                                               
  (Tape Change, HFC 94-111, Side 2).                                           
                                                                               
  Co-Chair Larson advised that $556 million dollars would then                 
  be available to distribute through the permanent fund.                       
                                                                               
  Co-Chair MacLean  MOVED to  delete Section  #13 which  would                 
  remove inflation  proofing of  the principal  of the  Alaska                 
  permanent fund.                                                              
                                                                               
  Representative   Martin   OBJECTED.       Co-Chair   MacLean                 
  interjected that  the cost for  inflation proofing currently                 
  is 2.9% of  the principle.   She recommended that  inflation                 
  proofing continue at a cost rate of 1%.                                      
                                                                               
  Discussion  followed  among   Committee  members   regarding                 
  reduction or deletion of inflation proofing of the principal                 
  of the permanent  fund.   Representative Hanley pointed  out                 
  that  protection  of  the principle  of  the  permanent fund                 
  should  be closely monitored by the  Legislature and that he                 
  would not support the reduction or deletion.                                 
                                                                               
  Co-Chair MacLean WITHDREW the MOTION  to delete Section #13.                 
  There being NO OBJECTION, it was withdrawn.                                  
                                                                               
  Representative Therriault  WITHDREW  a  previous  motion  to                 
  amend Section  #16.   There being  NO OBJECTION,  it was  so                 
  ordered.                                                                     
                                                                               
  Co-Chair Larson provided the Committee  with an amendment to                 
  Page  4, Section  #17 (d).   [Copy on file].   The amendment                 
  would appropriate  $200 million  dollars from  the available                 
  unrestricted cash in  the general  account of the  revolving                 
  Alaska  Housing  Finance  Corporation  (AHFC)  fund  to  the                 
  general fund.                                                                
                                                                               
  Co-Chair Larson MOVED the  amendment.  Representative  Brown                 
  OBJECTED.                                                                    
                                                                               
  Representative Brown pointed out that the Executive Director                 
  of AHFC  had testified  before the  LBA Committee  that AHFC                 
  would prefer a longer period of time in order to secure bond                 
  market approval that would guarantee  a long range financial                 
  plan.  She emphasized that the amendment would be a "taking"                 
  from  AHFC   rather   than  an   appropriation   from   that                 
  corporation.                                                                 
                                                                               
                                5                                              
                                                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Grussendorf,  Hanley,  Martin,  Parnell,                 
                      Therriault, Foster, MacLean, Larson.                     
       OPPOSED:       Hoffman, Brown.                                          
                                                                               
  Representative Navarre was not present for the vote.                         
                                                                               
  The MOTION PASSED (8-2).                                                     
                                                                               
  Co-Chair Larson MOVED a  change to Section #19 (b),  Page 4,                 
  deleting  "$5,545,000"  and  inserting   "$2,462,600".    He                 
  questioned Section  #19 (a) asking  if the remainder  of the                 
  fund  should  continue to  stay  in  the oil  and  hazardous                 
  substance release response fund or if it should be placed in                 
  the  general  fund.   Representative  Brown  MOVED  that the                 
  amount lapse into the general fund.                                          
                                                                               
  VIRGINIA STONKUS, ANALYST, DIVISION OF LEGISLATIVE  FINANCE,                 
  noted  that  the  majority  of  the  funds in  the  oil  and                 
  hazardous substance  release response fund resulted from the                 
  Exxon Valdez settlement.                                                     
                                                                               
  There being NO OBJECTION, the motion was adopted.                            
                                                                               
  Co-Chair   Larson  MOVED  to  amend  Section  #21,  deleting                 
  "$25,800,000" and inserting "$25,900,000.                                    
                                                                               
  MIKE  GREANY,  DIRECTOR,  DIVISION OF  LEGISLATIVE  FINANCE,                 
  advised that the Department of  Revenue provided the updated                 
  amount as  derived from the  five cent per  barrel surcharge                 
  collected from  the general  fund to  the oil  and hazardous                 
  release response fund.                                                       
                                                                               
  There being NO OBJECTION, Section #21 was amended.                           
                                                                               
  Co-Chair  Larson  MOVED  to amend  Section  #22  which would                 
  appropriate additional  monies for costs  relating to  legal                 
  proceedings and audit activity involving oil and gas revenue                 
  due to be paid from the constitutional budget reserve.                       
                                                                               
  There being NO OBJECTION to changing  the funding source for                 
  Section #22  to the  constitutional budget  reserve, it  was                 
  adopted.                                                                     
                                                                               
  Representative  Martin  MOVED  to   insert  the  full  costs                 
  recommended   by   the  Department   of   Law  be   deleting                 
  "$13,500,000"  and  inserting "$27,000,000"  dollars  and to                 
  delete "$4,500,000"  state corporation  receipts and  insert                 
  "$9,000,000" dollars.                                                        
                                                                               
                                                                               
                                6                                              
                                                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Hanley,  Martin,   Parnell,  Therriault,                 
                      Brown, MacLean.                                          
       OPPOSED:       Hoffman, Grussendorf, Larson.                            
                                                                               
  Representatives Navarre and Foster were  not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (6-3).                                                     
                                                                               
  (Tape Change, HFC 94-112, Side 1).                                           
                                                                               
  Co-Chair MacLean recommended amending Section #25.  Co-Chair                 
  Larson pointed out that half the costs for the Alaska Marine                 
  Highway System are generated from  program receipts and half                 
  the cost are  provided from  the general fund.   Ms.  Slagle                 
  noted  that  the  Alaska  Marine  Highway  System's receipts                 
  currently  total  $41  million  dollars.   The  $41  million                 
  dollars and the request for  $28 million dollars would cover                 
  the  needed appropriation for  the system.   She  added that                 
  there would  be a fund  balance to  be accessed in  order to                 
  continue operations.                                                         
                                                                               
  Co-Chair  MacLean  MOVED to  amend  Section #25  by deleting                 
  "$28,715,800" and inserting  "$20,000,000".   Representative                 
  Grussendorf  noted that  the Legislature has  requested that                 
  the  Marine  Highway System  service more  communities which                 
  would make it inappropriate to decrease the funding request.                 
                                                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Therriault, Martin, MacLean.                             
       OPPOSED:       Hoffman,    Parnell,   Brown,    Foster,                 
  Grussendorf,                  Hanley, Larson.                                
                                                                               
  Representative Navarre was not present for the vote.                         
                                                                               
  The MOTION FAILED (3-7).                                                     
                                                                               
  Co-Chair Larson referenced  a letter from George  Utermohle,                 
  Legislative  Counsel regarding  Section #28.    The original                 
  language  would allow funds from that  section to lapse into                 
  the general fund  offsetting a supplemental request.   [Copy                 
  on  file].   Co-Chair Larson  MOVED to  delete  Section #28,                 
  replacing it with the new language.                                          
                                                                               
  DON STUDY, OSHA  DIRECTOR, DEPARTMENT OF LABOR,  stated that                 
  the Safety  Advisory Council was started as a private entity                 
  with  private  functions.    Private  funds  generating  $68                 
  thousand  dollars  were contributed  to  the State  with the                 
                                                                               
                                7                                              
                                                                               
                                                                               
  understanding that the State  would reappropriate each  year                 
  that amount of funds for  "seed" money for conference needs.                 
  Mr.  Study noted that  the group  currently meets  yearly to                 
  discuss occupational, safety, and health training.                           
                                                                               
  Co-Chair  Larson  WITHDREW  THE  MOTION.    There  being  NO                 
  OBJECTION, it was withdrawn.                                                 
                                                                               
  Representative  Hanley  MOVED  to  insert  the  language  as                 
  proposed by Mr. Utermohle as a new Section #28.  There being                 
  NO OBJECTION, it was so ordered.                                             
                                                                               
  Representative Hanley MOVED  the new Section #31  as drafted                 
  by Mr. Utermohle which would  reappropriate the roll forward                 
  for the Alaska Public Utilities Commission (APUC).                           
                                                                               
  GUY  BELL, DIRECTOR,  DIVISION  OF ADMINISTRATIVE  SERVICES,                 
  DEPARTMENT  OF COMMERCE  AND  ECONOMIC DEVELOPMENT,  advised                 
  that  the  Public  Utilities  Commission  is funded  with  a                 
  regulatory  cost  charge, a  surcharge  on every  consumer's                 
  electric  bill to  cover the  cost of  APUC.  The  intent of                 
  Section  #31  would  roll  forward  any  receipts  from  the                 
  regulatory cost charge which are not spent in FY94, allowing                 
  APUC to reduce the regulatory cost charge in FY95.                           
                                                                               
  Representative  Martin   OBJECTED  to   the  new   language.                 
  Representative Hanley WITHDREW  THE MOTION.  There  being NO                 
  OBJECTION, the motion was withdrawn.                                         
                                                                               
  Representative Martin  advised  that HB  505  would  address                 
  concerns  indicated in  Section  #33.   Discussion  followed                 
  regarding the stipulations of HB 505 and the funding sources                 
  listed    using    the   constitutional    budget   reserve.                 
  Representative Hanley clarified that  the appropriation from                 
  the  debt  retirement fund  to  the Department  of Education                 
  would not require a three quarters vote.                                     
                                                                               
  Representative   Martin  MOVED   to   delete  Section   #33.                 
  Representative Brown OBJECTED.                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Martin,  Parnell,  Therriault,   Foster,                 
                      Grussendorf, Hanley, Larson.                             
       OPPOSED:       Brown, Grussendorf, Hoffman.                             
                                                                               
  Representatives MacLean and Navarre were not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (6-3).                                                     
                                                                               
  Representative  Parnell  MOVED  a   change  as  proposed  by                 
                                                                               
                                8                                              
                                                                               
                                                                               
  Representative MacLean to  Section #34 deleting  "deposited"                 
  and  inserting  "available" in  the  four dam  pool transfer                 
  fund.   Representative Brown  questioned the  effect of  the                 
  change.                                                                      
                                                                               
  REMOND  HENDERSON,  DIRECTOR,  DIVISION   OF  ADMINISTRATIVE                 
  SERVICES,  DEPARTMENT  OF  COMMUNITY  AND REGIONAL  AFFAIRS,                 
  stated that  the change would  allow all available  funds in                 
  that  fund to be appropriated in the 40/40/20 percent split.                 
  He  added that  HB 372  and SB  243 would also  address that                 
  concern.  Representative Brown OBJECTED to the change.                       
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Parnell,       Therriault,       Foster,                 
                      Grussendorf,  Hanley,  Hoffman,  Martin,                 
                      Larson.                                                  
       OPPOSED:       Brown.                                                   
                                                                               
  Representatives MacLean and Navarre were not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (8-1).                                                     
                                                                               
  Co-Chair  Larson  MOVED to  delete Section  #35.   Mr. Hogan                 
  remarked that Section  #35 had been placed  in appropriation                 
  bills  in  previous  years.   He  added  that  HB 505  would                 
  appropriate a specific amount from the constitutional budget                 
  reserve  fund  and therefore  thought  deleting it  would be                 
  appropriate.                                                                 
                                                                               
  Representative Martin OBJECTED indicating this section could                 
  protect the State from decisions  made by the Supreme Court.                 
                                                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Therriault, Brown,  Grussendorf, Hanley,                 
                      Hoffman, Larson.                                         
       OPPOSED:       Parnell, Martin.                                         
                                                                               
  Representatives Foster, Navarre and MacLean were not present                 
  for the vote.                                                                
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Co-Chair Larson referenced  the new language as  provided by                 
  George Utermohle for Section #38.  [Copy on file].                           
                                                                               
  Mr. Bell commented  that the  source of funds  would be  the                 
  same as the marketing tax and the processor tax as collected                 
  from fishermen.   The purpose of  the tax would be  to cover                 
                                                                               
                                9                                              
                                                                               
                                                                               
  the cost  of  seafood  marketing in  Alaska.    The  revenue                 
  expected this  year would be  close to $1.6  million dollars                 
  and would be carried forward into FY95.                                      
                                                                               
  (Tape Change, HFC 94-112, Side 2).                                           
                                                                               
  Representative  Hoffman  MOVED  to  adopt  the  language  as                 
  proposed by Mr. Utermohle which  would clarify the obligated                 
  receipts.  Following discussion among the Committee members,                 
  there was NO OBJECTION, and it was adopted.                                  
                                                                               
  Representative  Brown MOVED  to  adopt  Amendment #10  which                 
  would  delete  all  material  and  insert a  new  subsection                 
  addressing previous action  taken to the mitigation  account                 
  and the storage tank fund.  Representative Parnell OBJECTED.                 
                                                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown, Foster, Hoffman, Larson.                          
       OPPOSED:       Therriault, Grussendorf, Hanley, Martin,                 
                      Parnell.                                                 
                                                                               
  Representatives Navarre and MacLean were not present for the                 
  vote.                                                                        
                                                                               
  The MOTION FAILED (4-5).                                                     
                                                                               
  HB 370 was HELD in Committee for further consideration.                      

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