Legislature(2005 - 2006)HOUSE FINANCE 519

03/21/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 365 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 366 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 232 SUPPLEMENTAL APPROPRIATIONS TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 03/20/06>
-- Testimony <Invitation Only> --
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.                                                                                            
                                                                                                                                

Document Name Date/Time Subjects