Legislature(2003 - 2004)

05/20/2003 04:20 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 100(FIN)                                                                                               
                                                                                                                                
     An  Act  making  capital   appropriations,  supplemental                                                                   
     appropriations,   and   reappropriations;   capitalizing                                                                   
     funds;  making other appropriations;  and providing  for                                                                   
     an effective date.                                                                                                         
                                                                                                                                
Vice-Chair  Meyer  MOVED  to ADOPT  Work  Draft  23-GS1003\B.                                                                   
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Co-Chair Williams MOVED to ADOPT  Amendment A (copy on file.)                                                                   
[Amendment A was an omnibus amendment.]                                                                                         
                                                                                                                                
PETE ECKLUND, STAFF, CO-CHAIR  WILLIAMS reviewed Amendment A.                                                                   
                                                                                                                                
Representative   Berkowitz   asked   for   more   information                                                                   
regarding page 5 of Amendment A.                                                                                                
                                                                                                                                
 KATHRYN   DAUGHHETEE,   DIRECTOR,  ADMINISTRATIVE    SERVICES                                                                  
 DIVISION, DEPARTMENT  OF  LAW explained  that  the amendment                                                                   
 pertained to section 54, which would allow the Department  to                                                                  
 pay expert  witness costs  already  incurred in  the  Planned                                                                  
 Parenthood suit.                                                                                                               
                                                                                                                                
 Representative  Berkowitz  questioned  how  much  money   was                                                                  
 appropriated  to   the  private   attorney.  Ms.  Daughhetee                                                                   
 observed that $317 thousand was spent to pursue the case.                                                                      
                                                                                                                                
 Ms. Daughhetee explained that  the Department of Law did  not                                                                  
 have a contract with the  expert; the Legislative Budget  and                                                                  
 Audit Committee had a contract with the expert. The  existing                                                                  
 contract was amended to be able to pay the fee.                                                                                
                                                                                                                                
 Representative  Whitaker   questioned   if  the   claim   was                                                                  
 legitimate. Ms. Daughhetee summarized  that the state has  an                                                                  
 obligation to pay the witness.                                                                                                 
                                                                                                                                
 Representative  Hawker  questioned  if  the  State  would  be                                                                  
 litigated if  the funds  were not available.  Ms. Daughhetee                                                                   
 indicated that litigation could ensue.                                                                                         
                                                                                                                                
 Representative Berkowitz  MOVED to  Divide  the question  and                                                                  
 separate out the  language on  page 5 of  Amendment A.  There                                                                  
 being NO OBJECTION, it was so ordered.                                                                                         
                                                                                                                                
 A roll call vote was taken  on the motion to adopt page  5 of                                                                  
 Amendment A.                                                                                                                   
                                                                                                                                
IN FAVOR: Foster, Hawker, Kerttula, Meyer, Moses, Stoltze,                                                                      
           Whitaker, Chenault, Harris, Williams                                                                                 
 OPPOSED: Berkowitz                                                                                                             
                                                                                                                                
 The MOTION PASSED (10-1).                                                                                                      
                                                                                                                                
 There being NO OBJECTION, Amendment A was adopted.                                                                             
                                                                                                                                
 Amendment B was not offered.                                                                                                   
                                                                                                                                
 Representative  Stoltze  MOVED  to  ADOPT  Amendment   C.  He                                                                  
 explained that the amendment would appropriate $28.8  million                                                                  
 from the Railbelt energy fund to the general fund.                                                                             
                                                                                                                                
 A roll call vote was taken on the motion.                                                                                      
                                                                                                                                
 IN FAVOR: Moses, Stoltze, Chenault                                                                                             
 OPPOSED:  Hawker,  Kerttula,   Meyer,  Whitaker,  Berkowitz,                                                                   
           Foster, Williams, Harris                                                                                             
                                                                                                                                
 The MOTION FAILED (3-8).                                                                                                       
                                                                                                                                
 Amendment D was WITHDRAN.                                                                                                      
                                                                                                                                
Representative   Kerttula  MOVED   to   ADOPT  Amendment   E.                                                                   
Amendment E would appropriate  the unexpended and unobligated                                                                   
balance, not to exceed $300,000,  of the Alaska Technical and                                                                   
Vocational  Education  Program  Account  as a  grant  to  the                                                                   
Kotzebue Technical Center for operational costs.                                                                                
                                                                                                                                
JOHN  GREELY,  STAFF,  REPRESENTATIVE  JOULE  explained  that                                                                   
state grants are needed. He emphasized  the high unemployment                                                                   
rate.                                                                                                                           
                                                                                                                                
Representative Kerttula WITHDREW Amendment E.                                                                                   
                                                                                                                                
Representative   Kerttula  MOVED   to   ADOPT  Amendment   F.                                                                   
Amendment   F  would   add  $3.4  million   to  Kawerak   for                                                                   
Shishmearef erosion control revetment.                                                                                          
                                                                                                                                
Co-Chair  Harris noted  his  support, but  expressed  concern                                                                   
over the funding.                                                                                                               
                                                                                                                                
Mr. Greely noted that matching money is available.                                                                              
                                                                                                                                
Representative Kerttula WITHDREW the Amendment.                                                                                 
                                                                                                                                
Representative Moses MOVED to  ADOPT Amendment G. Amendment G                                                                   
would  add an  additional  project to  reappropriation  23-LS                                                                   
8002/A.118:   pneumatic   heating    system,   redesign   and                                                                   
reconstruction of the school roof.                                                                                              
                                                                                                                                
TIM BENINTENDI, STAFF, REPRESENTATIVE  MOSES spoke in support                                                                   
of the amendment. Co-Chair Harris added his support.                                                                            
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Representative Moses MOVED to  ADOPT Amendment H. Amendment H                                                                   
would  reappropriate $102  thousand  from  the Department  of                                                                   
Transportation   and   Public  Facilities   harbor   deferred                                                                   
maintenance  program  to  the  Department  of  Community  and                                                                   
Economic Development  for payment as a grant to  the Lake and                                                                   
Peninsula   Borough  for  the   Perryville  Barge   Ramp/Dock                                                                   
project.                                                                                                                        
                                                                                                                                
Co-Chair Harris questioned if  the harbor would be taken over                                                                   
by the  local community.  Mr. Benintendi  explained  that the                                                                   
funds would assist in that goal.                                                                                                
                                                                                                                                
Co-Chair Williams  pointed out that it is  statewide funding.                                                                   
Mr. Benintendi explained that  there is no legal restriction,                                                                   
which would prevent the reappropriation.                                                                                        
                                                                                                                                
A roll call vote  was taken on the motion to  adopt Amendment                                                                   
H.                                                                                                                              
                                                                                                                                
IN FAVOR: Berkowitz, Kerttula, Moses                                                                                            
 OPPOSED:  Chenault,   Foster,    Hawker,   Meyer,    Stoltze,                                                                  
           Williams, Harris                                                                                                     
                                                                                                                                
 The MOTION FAILED (3-8).                                                                                                       
                                                                                                                                
 Representative Moses MOVED to ADOPT Amendment I. Amendment  I                                                                  
 would  add  a  reappropriation  of  $500  thousand  from  one                                                                  
 Unalaska dock project to another.                                                                                              
                                                                                                                                
 Mr. Benintendi  explained that  the dock  project  is in  the                                                                  
 same community.                                                                                                                
                                                                                                                                
 Co-Chair Williams OBJECTED.                                                                                                    
                                                                                                                                
 IN FAVOR: Berkowitz, Kerttula, Moses                                                                                           
 OPPOSED:  Chenault,   Foster,    Hawker,   Meyer,    Stoltze,                                                                  
           Williams, Harris                                                                                                     
                                                                                                                                
 The MOTION FAILED (3-8).                                                                                                       
                                                                                                                                
 Representative Moses MOVED to ADOPT Amendment J. Amendment  J                                                                  
 would reappropriate $153.7 thousand available in Legislative                                                                   
 Budget and Audit for  settlement of attorney fees associated                                                                   
 with reapportionment lawsuits.                                                                                                 
                                                                                                                                
 IN FAVOR: Berkowitz, Kerttula, Moses                                                                                           
 OPPOSED:  Chenault,   Foster,    Hawker,   Meyer,    Stoltze,                                                                  
           Williams, Harris                                                                                                     
                                                                                                                                
 The MOTION FAILED (3-8).                                                                                                       
                                                                                                                                
 Co-Chair Harris  observed that  money was  received from  the                                                                  
 state.                                                                                                                         
                                                                                                                                
 Co-Chair Williams  MOVED  to allow  the  Legislative  Finance                                                                  
 Division to  make technical  corrections to  the bill.  There                                                                  
 being NO OBJECTION, it was so ordered.                                                                                         
                                                                                                                                
 Representative Foster MOVED to report HCS CSSB 100 (FIN)  out                                                                  
 of Committee with the  accompanying fiscal note. There  being                                                                  
 NO OBJECTION, it was so ordered.                                                                                               

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