Legislature(1995 - 1996)

02/27/1996 11:10 AM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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             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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