Legislature(1995 - 1996)
02/27/1996 11:10 AM House RES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SSCR 1 DISAPPROVING EXECUTIVE ORDER 92
SENATOR LEMAN announced they would consider SSCR 1.
SENATOR PEARCE moved to adopt the CS to SSCR 1. There were no
objections and it was so ordered.
HSCR 1 DISAPPROVING EXECUTIVE ORDER 92
REPRESENTATIVE GREEN asked if there were any objections to adopting
the CS to HSCR 1. REPRESENTATIVE JOHN DAVIES objected to the
reference on lines 10 and 11 including the Division of Mining. He
said he had an amendment that would take care of his concern.
REPRESENTATIVE BILL WILLIAMS moved to adopt work draft version "c"
to HSCR 1. REPRESENTATIVE DAVIES objected.
REPRESENTATIVE GREEN asked for a roll call vote. REPRESENTATIVES
LONG and DAVIES voted no; REPRESENTATIVES NICHOLIA, AUSTERMAN,
WILLIAMS and GREEN voted yes; and the motion carried.
Number 084
REPRESENTATIVE NICHOLIA changed her vote from yes to no.
There was a brief discussion regarding procedure in a joint
committee meeting.
GEORGE UTERHMOHLE, Counsel, Legislative Legal and Research
Services, Legislative Affairs Agency, explained that the two
resolutions each had been referred to the Committees that are
meeting jointly today and each Committee would have to take action
independently.
Number 130
REPRESENTATIVE KOTT moved to adopt the CS to HSCR 1.
REPRESENTATIVE AUSTERMAN objected for a point of order. He said
there was a motion on the floor already.
SENATOR LEMAN explained that that motion failed on a 3/3 vote.
REPRESENTATIVE KOTT again moved to adopt the CS to HSCR 1.
REPRESENTATIVE DAVIES objected saying they had already dealt with
that motion.
Number 180
REPRESENTATIVE KOTT moved to rescind the action.
REPRESENTATIVE GREEN announced an at ease for the House members at
11:20 a.m. and called the meeting back to order at 11:21 a.m.
REPRESENTATIVE KOTT moved to rescind the earlier failure to adopt
the CS to HSCR 1. REPRESENTATIVE DAVIES objected. REPRESENTATIVE
GREEN asked for a roll call vote. REPRESENTATIVES NICHOLIA and
LONG voted no; REPRESENTATIVES AUSTERMAN, KOTT, OGAN, WILLIAMS and
GREEN voted yes; and the motion carried.
REPRESENTATIVE KOTT moved to adopt CS to HSCR 1. REPRESENTATIVE
DAVIES objected. REPRESENTATIVE GREEN asked for a roll call vote.
REPRESENTATIVES NICHOLIA and DAVIES voted no; REPRESENTATIVES LONG
AUSTERMAN, KOTT, OGAN, WILLIAMS and GREEN voted yes; and the motion
carried.
SENATOR LEMAN reiterated there were no objections from the Senate
members in passing the CS to SSCR 1.
Number 260
NICO BUS, DNR, opposed CSSSCR 1. He said last year the director of
the Division of Geological and Geophysical Survey (DGGS) funding
was deleted by the legislature and this year they have had to deal
with that lack of funding. Their choices were to either hire a new
position and find funding somewhere and then sacrifice field
operations or to do what is proposed in Executive Order 92.
CSSSCR 1 proposes to merge the DGGS with the Division of Mining and
Water and there are several reasons why this wouldn't work. One is
that AS 41.08.015 requires that the state geologist be suited by
education and experience to be the head of Geological Survey.
Currently, the director of the Division of Mining does not meet
that criteria. Another reason is that the Division of Mining
budget is weak in that it barely supports mining activity.
Combining it with DGGS which is also struggling for funding would
make a weak organization. The DGGS strongly supports EO 92 which
would also actually save $50,000 in administrative service costs.
SENATOR LEMAN asked how the $50,000 savings would accrue. MR. BUS
replied that each one of the divisions has an administrative
support group and by combining the two, one support position could
be eliminated. MR. BUS said the head of the division was already
deleted in last year's budget.
REPRESENTATIVE DAVIES asked him to comment on his preference on
combining with any division in comparison with the Division of
Mining. MR. BUS said they prefer that DGGS be a separate
organization. He added that combining the two divisions was
attempted in 1986 and it didn't work. Both the state and industry
had problems.
REPRESENTATIVE GREEN asked if the Division of Oil and Gas and the
DGGS were combined if the staff would at least be utilized part
time on pre-sale analysis rather than the charge they are given in
statute. MR. BUS replied that basically DGGS would continue to
fulfill their mission, but the expertise in both divisions could be
shared to the benefit of each.
Number 300
REPRESENTATIVE GREEN asked if the divisions were strapped
financially and if expertise would further strap them to the point
where they're not fulfilling their obligations under statute. MR.
BUS replied that the Governor's 1997 budget as proposed allows the
DGGS to meet its statutory requirements.
REPRESENTATIVE DAVIES asked if in the past under various RSA
arrangements and other agreements that the DGGS staff have assisted
in base analysis functions for the Division of Oil and Gas. He
asked wouldn't that be possible in the future, whether or not these
combinations occur. MR. BUS said that had happened in the past
through contractual arrangements. That could also happen in the
future.
Number 332
SENATOR LINCOLN said the industry had objections in 1986 to what
this resolution does and asked him to explain them. MR. BUS
replied that was before his time, but he would get back to her with
that information.
SENATOR PEARCE moved to pass CSSSCR 1 from committee with
individual recommendations and the accompanying fiscal note. There
was an objection and SENATOR LEMAN asked for a roll call vote.
SENATORS HOFFMAN and LINCOLN voted no; SENATORS TAYLOR, HALFORD,
PEARCE and LEMAN voted yes; and the motion passed.
REPRESENTATIVE WILLIAMS moved to pass CSHSCR 1 from Committee with
individual recommendations. REPRESENTATAIVE DAVIES moved to amend
to strike the WHEREAS on page 1, lines 10 - 11. REPRESENTATIVE
WILLIAMS objected. REPRESENTATIVE DAVIES explained that they had
heard from the department that if they are not going to be combined
with Division of Oil and Gas, they would prefer to leave the DGGS
as a separate division as combining with the Division of Mining and
Water was tried in the past and did not work. REPRESENTATIVE
WILLIAMS withdrew his motion.
REPRESENTATIVE GREEN noted there was pending legislation that would
keep the divisions separate; there would be direction given, but
not through the Division of Mines.
REPRESENTATIVE NICHOLIA asked if anyone from industry was here to
discuss this amendment. REPRESENTATIVE GREEN replied there wasn't
anyone from industry to his knowledge.
REPRESENTATIVE DAVIES commented that the existence of other
legislation, while interesting, is probably not pertinent. If that
legislation were to be adopted there would be no need for the
WHEREAS. He preferred to remove it now and deal with the other
legislation as it comes along.
REPRESENTATIVE LONG asked since that WHEREAS is just a referencing
statement, what affect would it have on the resolution.
REPRESENTATIVE GREEN said it helped to explain the reason for this
resolution.
REPRESENTATIVE DAVIES explained that part of his reason for this
amendment is that he doesn't believe efficiencies could be
accomplished by that incorporation.
REPRESENTATIVE GREEN called for a roll call vote on the amendment.
REPRESENTATIVES GREEN, WILLIAMS, OGAN, KOTT and AUSTERMAN voted no;
REPRESENTATIVES DAVIES, LONG and NICHOLIA voted yes; and the
motion failed.
REPRESENTATIVE WILLIAMS moved to pass CSHSCR 1 from Committee with
individual recommendations. REPRESENTATIVE DAVIES objected.
REPRESENTATIVE GREEN asked for a roll call vote. REPRESENTATIVES
NICHOLIA, LONG and DAVIES voted no; REPRESENTATIVES AUSTERMAN,
KOTT, OGAN, WILLIAMS and GREEN voted yes; and the motion passed.
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