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Minutes for HB2364 - Committee on Appropriations

Short Title

Appropriations for FY 2018, FY 2019, FY 2020 and FY 2021 for various state agencies.

Minutes Content for Mon, Mar 27, 2017

Chairman Waymaster opened discussion on the bill, as was continued from the March 24, 2017 committee meeting, regarding Representative Tarwater's motion to remove the enhancements for the Judicial Branch.

Representative Sutton made a substitute motion to add $6 million increase for non-judicial salary increases and add $840,568 to fully fund SB 367 for FY 2018 and FY 2019, Representative Davis seconded the motion.

Discussion followed by committee members regarding the motion.  Concerns were expressed that the Judicial Branch should prioritize the allocation of the funds.  It was noted that this motion would reflect a negative SGF balance of approximately $401 million in FY 2018 and FY $448.5 million in FY 2019.

Representative Sutton renewed the motion with the additional language to review remaining enhancements at Omnibus, with the approval of the second to the motion. Motion passed.

Representative Wolfe Moore made a motion for an amendment that authorizes the Judicial Branch to use discretion for prioritizing the use for the funding.  Representative Ballard seconded the motion.

Discussion followed by committee members.

Representative Wolfe Moore renewed the motion.  Motion failed.

Representative Landwehr reviewed an amendment that would reverse the Governor's recommendation due to the non-occurrence of securitizing of tobacco funds, which would put the Children's Initiative Fund (CIF) back (Attachment 1).  And an amendment that would transfer $18 million for FY 2018 and $17 million in FY 2019 (Attachment 2).

Representative Landwehr made a motion for an amendment that would add back $35 million from the SGF to the CIF, FY 2018 and FY 2019 and transfers $18 million in FY 2018 and $17 million FY 2019 to the State General Fund (SGF) for the Safety Net Clinics, Senior Care Act, Community Mental Health Clinics and allow the elimination of the cost recovery fee for child support. Representative Ballard seconded the motion.

Chairman Waymaster reviewed the motion, which would unencumber $35 million from SGF to divide between FY 2018 and FY 2019.  J.G. Scott, Legislative Research Department, stated that after the Judicial Branch substitute motion, the SGF balance is $401.2 million for FY 2018.  Discussion continued by committee members regarding the motion and concerns were expressed for the long term fiscal impact on the agencies with a 30 percent  budget reduction for mental health centers over prior years. It was noted that there are no federal dollars funding for the Senior Care Act.  It was requested an update on a global perspective that compares the Governor's SGF recommendations, the amendments, the CASA transfer of $200,000, and legislation impacting community mental health centers for an update on the SGF as a global perspective.  Chairman Waymaster stated that the $35 million in SGF could be reviewed at Omnibus.

Representative Ballard made a motion to amend the amendment that changes the funding for the Senior Care Act from $1 million to $2.5 million, at the approval of the maker of the motion, Representative Landwehr.

Chairman Waymaster reminded committee members that additional meetings may be scheduled for continued work on the bill today.

The meeting recessed at:  9:15 a.m.

The meeting reconvened at:  2:00 p.m.

J.G. Scott reviewed the comparison of the Governor's Recommendation and House Appropriations Proposed Amendment for Social Services Funding for FY 2018 - FY 2019 (Attachment 3).  He stated that the amendment to transfer the funds from SGF to the CIF would be a SGF savings of $35.2 million in FY 2018 and FY 2019 (See attachment 1). For FY 2018, $18 million from SGF and $17 million in FY 2019 for the safety Net Clinics, Senior Care act, Community Mental Health Clinics and cost recovery fee for child support (See attachment. 2). This amendment would be a SGF savings of $17 million in FY 2018 and $18 million in FY 2019.

J.G. Scott responded to questions from committee members regarding the adjustments to the FY 2017 budget.

Representative Tarwater made a substitute motion to divide Representative Landwehr's amendments.  Representative Sutton seconded the motion.  The motion passed.

Discussion followed by committee members regarding the motion.

Representative Tarwater made a motion for an amendment to include items in amendment 1 (see att. 1).  Representative Sutton seconded the motion.  Motion passed.

Discussion followed by committee members regarding attachment 2.

Representative Ballard made a motion to the amendment to change the $2.5 million for the Senior Care Act to $1.5 million in FY 2018 and FY 2019, with the approval of the second to the motion. 

Representative Hoffman made a substitute motion to split the funding for Mental Health Centers.

Representative Hoffman withdrew the motion.

Discussion followed by committee members.  Chairman Waymaster stated that enhancements recommended by the Budget Committees would be reviewed when working the Mega bill, and items recommended for further review will be discussed at Omnibus. Representative Landwehr stated that HB 2180 and HB 2310 have not passed out of the Senate, therefore, $14.7 million has not been taken out at this time for restoring the 4 percent cut to Mental Health Clinics. It was noted that $135.9 million for FY 2018 and $194.19 million in FY 2019 reflects new KPERS money that has been added to the budget that was not included in the Governor's recommendation.  Concerns were expressed for the need to fund $35 million for this enhancement for the most vulnerable in the community. J.G. Scott noted that if the amendment 2 (see att. 2) was approved, the budget would reflect a negative $384 million ending balance.  With attachment 2 included, the action so far by the committee reflects an approximate negative ending balance in FY 2018 of $366 million in FY 2018 and a negative ending balance of $413 million in FY 2019. Discussion continued by committee members.  Concerns were expressed regarding the unknown revenue stream, school budget for addressing the court's ruling on adequacy, and the impact on the Medicaid Expansion bill.

Representative Tarwater renewed the motion for an amendment to include items in amendment # 2 (See att. 2) with the exception of the Senior Care Act.  Motion failed.

Chairman Waymaster acknowledged the Social Services Budget Committee and their efforts in identifying a funding mechanism for the items in amendment #2.  With the issues facing the budget shortfall which includes the recommendation for funding KPERS, he encouraged continued discussion on all budget items. The committee will continue to address and reevaluate budgeting issues for further discussion at Omnibus, he stated.

Representative Schroeder made a motion for an amendment to delete $142.2 million in FY 2018, and $198.3 million in FY 2019 from the SGF, to be reflected in KPERS School, which would allow Special Revenue Funds to flow into KPERS of approximately $5.5 million in FY 2018 and approximately $7.9 million in FY 2019.  Representative Davis seconded the motion.

Discussion followed by committee members regarding the motion.  Representative Schroeder reviewed the motion, which would remove the KPERS funding that was put into the budget, except for the portion from Special Revenue Funds.  J.G. Scott stated that the motion includes the maximum amount that could be transferred, which was adjusted with the transfer of ELARF dollars. It was noted that the amendment will not fund the fourth quarter KPERS payments for FY 2017, FY 2018 and FY 2019. 

J.G. Scott stated that is this amendment passes, this would be the same as the Governor's recommendation, which is a reduction to KPERS of approximately $540 million over three years. Concerns were expressed regarding deferring KPERS payments and the long-term impact.

Representative Schroeder renewed the motion.  Motion passed.

The following committee members have requested that their vote in opposition of the motion be recorded: Representative Ballard, Representative Carlin, and Representative Helgerson.

J.G. Scott stated that with the passage of the amendment, the updated ending balance for FY 2018 is approximately a negative balance of $230.1 million and a negative balance for FY 2019 of approximately $219.3 million.

Representative Davis made a motion for an amendment that would fund $1.5 million for the Safety Net Clinics, $1.5 million for the Senior Care Act, and $800,00 to allow elimination of cost recover fee for child support for FY 2018 and FY 2019. And, move the $14.7 million for FY 2018 and $13.7 million for FY 2019 for Community Mental Health Clinics for review at Omnibus.  Representative Claeys seconded the motion.

Discussion followed by committee members regarding the amendment.

Representative Ballard made a substitute motion that would add $14.7 million for FY 2018 and $13.7 million for FY 2019 for the Community Mental Health Clinics, as opposed to reviewing at Omnibus.  Representative Landwehr seconded the motion. 

Discussion followed by committee members regarding the substitute motion.

Representative Ballard renewed the motion.  Motion passed.

Representative Helgerson made a motion for an amendment that would add $300 million in FY 2018 and $450 million for school funding.  Representative Alcala seconded the motion.

Discussion followed by committee members regarding the amendment. Concerns were expressed for estimating expenditures at a time when the tax plan, finance formula, the rationale for adequately funding schools is still being worked in the K-12 Education and Tax committees.

Representative Helgerson withdrew the motion at the approval of the second.

Representative Wolfe Moore provided background information on the Parent's as Teachers program.

Representative Wolfe Moore made a motion for an amendment that would transfer $7.2 million from the KEY Fund into the Children's Initiative Fund (CIF) for the Parent's as Teachers Program.  Representative Carlin seconded the motion.

Discussion followed by committee members regarding the amendment and eligibility requirements in regards to means testing.  Amy Deckard, Legislative Research Department, stated that the expenditures must meet the four categories to qualify for the Temporary Assistance to Needy Families (TANF) block grant.  As requested, additional information will be forthcoming regarding the districts using means testing for the Parent's as Teachers Program.

Representative Wolfe Moore withdrew the motion in order to receive the additional information and with the approval of the second.

Representative Ballard made a motion for an amendment to add $33.8 million (including $15.2 million from SGF) and add language for a 5.0 percent increase for providers of Home and Community Based Services under each of the six waivers in FY 2018 and FY 2019.  Representative Alcala seconded the motion.

Discussion followed by committee members regarding the amendment.  It was noted that the rural communities are not as competitive.as other industry employers.Representative Ballard noted that the motion represents an increase of $15.2 million in FY 2018 and $24.7 million in FY 2019 from SGF.

As requested, J.G. Scott provided an update on the current ending balance.  For FY 2018 the ending balance is a negative $248.6 million and an negative $236.8 million for FY 2019.

Representative Ballard renewed the motion.  Motion failed.

Representative Sutton made a motion for an amendment to delete $515,108 from the SGF, which reflects the operations expenditure re-appropriation that was carried over from FY 2016 into FY 2017 for  adding in  FY 2018 and FY 2019.

Discussion followed by committee members regarding the amendment.  Representative Sutton referred to the Office of the Governor committee adjustment (Attachment 4).

Representative Sutton renewed the motion.  Motion passed.

The meeting adjourned at; 3:49 p.m.