Legislature(1999 - 2000)
03/22/2000 01:50 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE JOINT RESOLUTION NO. 2 Proposing amendments to the Constitution of the State of Alaska relating to a biennial state budget, to the appropriation limit, and to appropriations from the budget reserve fund. Representative Phillips, Sponsor, spoke in support of the legislation. She noted that HJR 2 proposes an amendment to Alaska's Constitution to allow for biennial budgeting, and authorizes the governor to present the legislature with a budget encompassing two fiscal years. As written, the first session of the Legislature would be dedicated to writing a two-year budget. Supplemental budgets could address necessary adjustments, when needed. Representative Phillips maintained that Alaska's annual budget cycle is an arduous process, taking up most of the year. "Every year hundreds of people from State agencies spend countless hours preparing for budget presentations to the Legislature through hearings, debates and closeouts. There is no doubt that the budget is the single most important piece of legislation that legislators produce for the people of Alaska." "Changing this process to a biennial budget cycle would be very beneficial to our State. Significant cost savings for the Legislature, Administration and the agencies could be achieved as well as far greater efficiencies and productivity by all. Savings are measured in actual dollars and employee productivity. Costs savings are realized in travel and per diem dollars. Significant productivity savings will be achieved in time that can be utilized for programs rather than budget preparation." "A biennial state budget system would allow us to address the budget in the first year of session and focus primarily on legislation in the second year. A biennial state budget process would also work hand-in-hand with the results-based budget concept pursued by the legislature. State agencies would have a chance to initiate advance-planning efforts - something, which is very difficult under the present annual state budget system. Alaska would not be unique in adopting a biennial legislative budget cycle." "Research demonstrates that twenty other states operate under a Biennial State Budget system. Systems of other states could be used as a viable guide for Alaska's transition into a biennial budget process. The Legislature loses no control over the budget process by changing to a biennial budget cycle." Representative Phillips continued: "Sound public policy is paramount to a smooth transition into a new state budget system. Legislative control over the process is mandatory in a biennial state budget system. This may suggest a legislative transition team composed of joint member legislators, and the Administration." "In my opinion and as proven in other states where the biennial cycle is already in place, the greatest benefit of a biennial budget process is the increased efficiency and productivity that can be achieved by State agencies. Alaskans statewide constantly implore us to become more efficient and increase our productivity. Besides achieving these goals, and the actual costs savings of approximately (and very conservatively, I might add) $2.5 million dollars, associate with a shortened session in the second year, the proposed biennial budget system is a win-win concept for Alaska." She concluded that the biennial system would be in keeping with the restructuring of government: cutting waste, privatization, results based budgeting, consolidation of and services. She maintained that biennial budgeting would enjoy greater efficiencies and provide major savings in time and money." Vice Chair Bunde observed that there are fluctuations in Alaska's oil based income and questioned how a biennial legislature could cope with changes in the price of oil. Representative Phillips pointed out that there are other states that have biennial budgets. Representative G. Davis suggested that biennial budgeting would give legislators more time in the field to verify what the departments are telling them. Representative Grussendorf suggested that states with a biennial system have static conditions without gigantic shifts in the market. He added that a first term governor would inherit the budget of his predecessor. Co-Chair Therriault questioned if each odd year would be the 120-day session. Representative Phillips clarified that each new legislature would have a 120-day session on their first year. Representative Phillips stressed the need to stabilize Alaska's economy with a long-range plan. Representative J. Davies expressed concern that the legislature would not have enough time to really understand budgets. He suggested that budgets be divided: half of the budget would be addressed each year. He observed that there has not been sufficient time to review data in the current subcommittee process. He observed that his father, who was an official in the state of Washington, found that he spent all most as much time preparing supplemental budgets in the off year as the regular budget. He questioned if the savings were overstated. Representative Phillips pointed out that some states have allowed their finance committees to meet during the interim. She observed that teleconferencing could be utilized. KAREN COWART, GENERAL MANAGER, ALASKA SUPPORT INDUSTRY ALLIANCE (THE ALLIANCE), ANCHORAGE testified via teleconference in support of HJR 2. She read from a prepared statement: The Alaska Support Industry Alliance is a non-profit trade association representing over 350 members engaged in business within the oil, gas, and mining industries. Collectively, we represent over 29,000 employees. Our mission is to foster and promote the safe and environmentally sound development of Alaska's natural resources. We believe state government should do business like a business and investigate new ideas that would allow government to do more with less - be more efficient and effective in planning and executing our state budget and budget process. Budgetary efficiency would send a message to potential investors that we have a solid and sound fiscal plan, and our "House is in order - a good place to do business". (TAPE CHANGE, HFC 00 - 79, SIDE 1) We believe a two-year budget cycle could result in the following: á An opportunity for agency planning - proactive spending habits instead of reactive spending dialogue; á The opportunity to analyze state programs based on performance and results prior to yearly budget appropriations: á The potential for a shortened legislative session, thereby saving state dollars and resources; and á A greater utilization of all 60 legislators and their expertise. Traditionally, the Senate/House Finance Committees are made up of the more senior members of each body. The House Finance Committee members serve on no other committee. In many cases, we are missing their valuable input, wisdom and vast experience in legislation creation due to physical time restraints. A two-year process would give all legislators a chance to voice their opinions in the early stages of legislation and budget development. But, what about emergency needs or supplemental requirements? A biennial budget process would not preclude supplemental budget considerations due to circumstances of need. These could be addressed on a case-by-case need. Nevertheless, the process would free up legislators to focus attention - one year on budget, one year on legislation. Twenty states have already adopted a biennial budget process. That's a good indication that other states are "thinking outside the box". We believe Alaska needs to embrace a new way of thinking. We must look at new and innovative ways to conduct business. We encourage the dialogue on a biennial budget process to continue. MARK LANGLAND, PRESIDENT, FISCAL POLICY COUNCIL, ANCHORAGE testified via teleconference in support of the legislation. He maintained that biennial budgeting would create efficiencies and fit nicely with a long-range fiscal plan. He felt that a biennial budget would benefit the fiscal process. He pointed out that the Constitutional Budget Reserve would provide a funding source to pick up the slack. He maintained that biennial budgeting would force the legislature to protect the Constitutional Budget Reserve in order to maintain a shock absorber that can provide for the fluctuation of earnings. Planning gives more credibility and comfort to the business community and provides better opportunity for efficiencies. CHERYL FRESCA, ALASKA POLICY COUNCIL, ANCHORAGE testified via teleconference in support of the legislation. She observed that she spent 17 years working with the state's budget as legislative staff and in the Office of Management and Budget. She emphasized the amount of time required for executive branch agencies to prepare their annual budget requests to the legislature and the work that is necessary to close out a fiscal year. A two-year budget cycle would provide significant productivity savings for administrative and program staff involved in the various stages of budget work. The challenge would be to free up resources and give managers flexibility. The objections to a two-year budget are no longer relevant. Fluctuations in the annual budget are not a reason not to do biennial budgeting. The use of the Constitutional Budget Reserve has changed the importance of the revenue forecast. She maintained that biennial budgeting would shift the legislature's function to evaluating results. Vice Chair Bunde observed that there are only a few years left to the Constitutional Budget Reserve. He questioned if a consequence of biennial budgeting would be to force the state into a long-range plan. Ms. Fresca agreed that biennial budgeting would encourage long-range planning. She noted that fluctuations in revenue would still determine the amount of revenues from the Constitutional Budget Reserve, but pointed out that withdraws would be taken annually. KAREN BRAND, VICE PRESIDENT, ALASKA STATE CHAMBER OF COMMERCE, JUNEAU testified in support of the legislation. In response to a question by Co-Chair Therriault, Ms. Brand noted that the state Chamber is on an annual budget cycle. JACK FARGNOLI, POLICY ANALYST, OFFICE OF MANAGEMENT AND BUDGET spoke in support of the legislation. He maintained that a biennial budget approach would encourage longer planning timeframes for fiscal and program planning, work well with performance measures, give a emphasizes for long- term planning within programs, and allow for targeted depth of treatment by the legislature and program managers for policy needs within program areas. The Office of the Governor has looked at the cost and savings. Mr. Fargnoli stated that the greatest savings would be in the shortening of legislative sessions in terms of employees. Savings in employee productivity could be redirected to other areas. There would also be savings in travel and per diem. Mr. Fargnoli stated that the Administration's only concern is in regards to timing. The legislation provides for the ballot question to come before voters in November. He pointed out that departments and agencies begin budget development as soon as the legislative session adjourns. Agencies would need to know the outcome in order to create their budgets. He observed that there are a number of ways the issue could be addressed. A few departments could be selected to begin the process. He noted that there could be discussion during the interim on implementation. Mr. Fargnoli added that there would always be a need for a supplemental. He suggested that additional provisions be considered to deal with other economic or social changes of magnitude required during the second year of the biennial process. He observed that the Constitutional Budget Reserve fund helps to stabilize and regulate the flow. He reiterated that the Administration would look forward to further discussions regarding implementation. Vice Chair Bunde asked the project longevity of the Constitutional Budget Reserve fund. Mr. Fargnoli did not know but added that the fund has continued through projections of its demise. Vice Chair Bunde emphasized that the supplemental can be a significant amount of work. Mr. Fargnoli observed that other states have handled their supplemental in a variety of ways. There are states that have a session every other year and that have their finance committees meet on the second year. There are other states that meet two years in a row. The only consensus, according to the National Conference of State Legislators, is that the amount of legislative activity in a biennial regime was somewhat more than the ideal theory. Representative J. Davies summarized that according to the Administration that the primary savings would stem from the fact that the legislature would be around less. Co-Chair Therriault observed that the Department of Health and Social Services' budget has large general fund portion built on formulas and caseload. He stated that it would be impossible to estimate the cost over a two-year period. He maintained that the subcommittee chairman for the department would have to go through the same process on the second year. He did not see any savings in the Department of Health and Social Services' budget. The legislature would not have the department under its control on the second year. He observed that if the department doesn't operate a program the way the legislature directs than their only option would be to cut the funding in a supplemental after it has already been appropriated. He did not see that biennial budgeting would work well for the Department of Health and Social Services. Representative Phillips argued that the legislature establishes the policy. Savings would be derived from freeing agency personnel from work on the budget. Representative J. Davies noted that the substantial savings would come from a shortening of the time the legislature spends working on the budget. He maintained that the time the legislature spends on the budget is already insufficient. He expressed concern that there would be less legislative oversight. Representative Phillips maintained that the legislature could spend more time on the budget if it determined it was necessary. Representative J. Davies pointed out that the bill would reduce the amount of time in session. Representative J. Davies observed that the National Conference of Legislators found that the expected savings from the agencies is generally overrated. The real savings comes from the legislature being out of session. Mr. Fargnoli agreed that the savings have generally been across the board less than expected. He pointed out that the legislature has a lot of latitude for designing and implementing a program. GINGER BLAISDELL, FISCAL ANALYST, LEGISLATIVE FINANCE DIVISION noted that Representative Phillips had requested an analysis of the legislation. She provided members with a memorandum on biennial budgeting dated 1/25/00 (copy on file). The memorandum compared the biennial budget process of other states. She noted that most of the states contacted had transitioned from an annual to a biennial budget or had always had a biennial budget. No states had transitioned from a biennial to annual budget in the last 20 years. All the states began with a biennial budget. Biennial budgets were adopted to allow citizen legislators. Most states that transitioned to annual budgets did so as state budgets and issues became more complex. States that transitioned back to a biennial budget did so to encourage long term planning and to reduce legislative sessions. Ms. Blaisdell noted that fiscal analysts of five states were contacted. She reviewed opinions of the fiscal analysts that were contacted. Analysts noted that there was less stress on the legislature. In Arizona, the governor is allowed to submit adjustments to the appropriation measure. Only technical corrections, non-general fund increments and caseload driven changes are accepted. Formula funded programs could be adjusted any year. The interim year adjusted bill took only three weeks from the time it was introduced to the time it was passed due to the restrictions placed on it. Ms. Blaisdell observed that the state of Connecticut began budget reform in 1981. At that time they had a 20 percent deficit of $961 million dollars. Their reform bill included an income tax proposal, multi year budgeting, and a spending cap. The off budget year was intended to focus on performance measure. The fiscal analyst contacted stated that the focus on performance measures had not occurred due to significant changes in the off year and interest in performance measures had waned. Ms. Blaisdell observed that in Oregon, the biennial budget tends to be slightly more conservative if the budget is limited to the revenue forecast. If revenues drop lower than the forecast a special session is called. If revenues increase than a savings is realized, since the budget is locked in. The biennial budget is fairly constant and developed over an 18-month period. The governor has more time to review agency requests. Complete budget information is provided one month prior to the start of the legislative session. Ms. Blaisdell reviewed the biennial process in Texas. She noted that the resource impact is smaller than Alaska's. The fiscal analyst in Texas recommended that future needs should be estimated three and a half years from preparation to full implementation. She observed that the fall forecast of 1999 would be forecasting revenues through the year 2002. He also recommended provisions to allow the legislature to meet in times of crisis: some states call special sessions; some offer a supplemental bill; and some have emergency boards (similar to the Legislative Budget and Audit Committee). Texas found that two-year budgets force agencies to plan and prioritize for the long-term; outcome based budgeting process places even greater emphasize on long range planning and discourages tinkering and micro management of one year budgets; and gives agencies the flexibility to concentrate on how best to produce results, whether than how to justify spending needs. Ms. Blaisdell reviewed the comments of the state of Washington's fiscal analyst. Timesaving within an agency allows that agency to focus on the issues at hand rather than budget preparation. The downside of biennial budgeting is that the cost of starting new programs is more tempting. If a new program is presented to the legislature and they agree to fund it for the second of the two-year cycle, the following budget will require an increment to full-fund the program for a complete two-year cycle. Vice Chair Bunde questioned if most new programs occurred on the second year of the cycle. Ms. Blaisdell did not know, but stated that construction projects that were budgeted to be built may not be budgeted to be fully staffed. She added that an agency, such as Office of Management and Budget, would have to be more diligent about planned spending in a two-year process. Representative J. Davies observed that the Texas legislature, in terms of general funds, only has control over approximately 17 percent of the budget. Ms. Blaisdell noted that the state of Texas has a larger amount of dedicated funds, similar to Alaska's statutory designated program receipts. There are also municipal revenues that are paid on a local level, which made it difficult to compare to Alaska. TRACI CARPENTER, FISCAL ANALYST, LEGISLATIVE FINANCE DIVISION she stated that the Division attempted to calculate the amount of time spent by agency staff on budget preparation, presentation, and travel. These costs were divided into first and second years. She concluded that the real savings would be in terms of the shorter legislative session. (TAPE CHANGE, HFC 00 - 79, SIDE 2) Ms. Carpenter noted that the estimates by the Legislative Finance Division were within a million dollars of the Office of Management and Budget's. Representative J. Davies questioned where the savings would be realized. Ms. Carpenter responded that real savings would be in travel and per diem. Productivity savings would be on the administrative services directors' level. Uncompensated overtime couldn't be quantified. TAMARA COOK, DIRECTOR, LEGISLATIVE LEGAL AND RESEARCH SECTION, LEGISLATIVE AFFAIRS AGENCY provided information on the legislation. She explained that the House Judiciary version added section 1, which contains provisions addressing the length of the sessions. In addition, the Judiciary Committee looked at two provisions in the Constitution that are difficult to deal with in the context of developing a biennial budget constitutional amendment. The appropriation limit was drafted on the premise that a single fiscal year would be compared to a single fiscal year. It would have to be amended to address two fiscal years. A similar provision is contained in subsection (b) of the Constitutional Budget Reserve, which contains a formula under which the legislature can access CBR funds based on what money was available from the proceeding year to the current year. This provision would have to be amended. To prevent the legislature from being prohibited access to the fund. She explained that the Judiciary Committee decided not to address the issues due to concerns over the Bess opinion, which addresses the number of subjects that a proposed constitutional amendment can include. The original bill doubled the appropriation limit and repealed subsection (b) of the Constitutional Budget Reserve based on Bess concerns. KARLA SCHOFIELD, DEPUTY DIRECTOR, ADMINISTRATIVE SERVICES, LEGISLATIVE AFFAIRS AGENCY provided information on the legislation. She observed that there would be a $20 thousand dollar savings for each day the legislative session was shortened. Session per diem totals $9,500 dollars a day; reduced legislative staff would account for the majority of the rest of the savings. The Legislative Affairs Agency did not prepare a fiscal note. A 60-day session would result in a $1.6 million dollars savings every other year. HJR 2 was heard and HELD in Committee for further consideration.
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