Legislature(2003 - 2004)

2003-05-15 Senate Journal

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2003-05-15                     Senate Journal                      Page 1429
SB 226                                                                                            
SENATE BILL NO. 226 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
            "An Act relating to receipts of certain state agencies                                 
               and the accounting for and disposition of those                                     
          receipts; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    
Governor's transmittal letter dated May 14:                                                         
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to the receipts of certain state agencies and                          
accounting for those receipts. The bill would eliminate authority for                               

2003-05-15                     Senate Journal                      Page 1430
the segregation of and separate accounting for program receipts. These                              
receipts are collected principally under AS 37.10.050 in the form of                                
fees, licenses, taxes, or other money generated by state agency                                     
activities. If these receipts were not statutorily designated as "program                           
receipts", they would be considered assets of the unrestricted general                              
fund. Under provisions of existing law, these receipts keep their                                   
identity even though they are deposited in the general fund of the state.                           
Separate accounts are kept within the general fund from which the                                   
legislature appropriates for purposes usually related to sources from                               
which the receipts are derived.                                                                     
                                                                                                    
This bill would repeal the authority for the separate accounting of                                 
program receipts. The bill also would amend parts of the enabling                                   
statutes of state agencies that authorize separate accounting of specific                           
receipts.                                                                                           
                                                                                                    
Separate accounting has the effect of segregating these receipts from                               
other amounts in the general fund. It also tends to place artificial                                
restrictions on the ability to expend from the general fund and is                                  
contrary to the spirit of the Alaska Constitution's prohibition against                             
dedicated funds. The legislature retains the power to appropriate these                             
receipts for any public purpose and it is this power that distinguishes                             
the practice of designating program receipts from a legal dedication                                
for a specific purpose. However, the designations made by law operate                               
in the same manner as earmarking. It is inefficient fiscal policy and I                             
hope that this bill will serve as a basis for reconsidering the treatment                           
of these valuable state assets.                                                                     
                                                                                                    
Finally, eliminating program receipts as a funding source in the                                    
various major appropriation bills would lead to a more easily                                       
understood and transparent budget. Designated program receipts are                                  
general fund assets. However, these receipts currently are declared to                              
be a funding source apart from the general fund for budgeting                                       
purposes. By use of this device, funding sources in the budget bills                                
have shifted from the general fund to program receipts. If this practice                            
is eliminated, the public would have a full accounting of all the state's                           
revenue that is earned by the state and appropriated for public                                     
purposes.                                                                                           
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1431
To avoid disrupting the process for the fiscal year 2004 budgets, the                               
changes made by the bill would not take effect until July 1, 2004.                                  
                                                                                                    
I urge your favorable consideration of this bill.                                                   
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor