Legislature(2007 - 2008)

04/18/2007 03:31 PM House FIN


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CS FOR SENATE BILL NO. 61(FIN) am                                                                                             
                                                                                                                                
     "An  Act  transferring  funds to  the  public  education                                                                   
     fund;  making  supplemental  and  other  appropriations;                                                                   
     amending appropriations;  and providing for an effective                                                                   
     date."                                                                                                                     
                                                                                                                                
SHARON KELLY,  STAFF, CO-CHAIR  CHENAULT, explained  the fast                                                                   
track  supplemental.   This bill  consists  of the  remaining                                                                   
supplemental  items that  were  originally  requested by  the                                                                   
Governor in  HB 107 and in Section  1 of HB 139,  the regular                                                                   
supplemental.  Those  items  have  all  been  heard  by  this                                                                   
committee  previously.    Ocean  Ranger (HB  139  Section  1e                                                                   
$811.3) funding is not included in this bill.                                                                                   
                                                                                                                                
This CS contains $1,011,133.9 in General Funds, $21,482.5 in                                                                    
Federal Funds and $4,765.4 in Other Funds for a grand total                                                                     
of $1,037,382.8.                                                                                                                
                                                                                                                                
Ms. Kelly reviewed the new and amended items in the bill:                                                                       
                                                                                                                                
     Sec. 1 (New  Item) added in Senate Finance.   The sum of                                                                   
     $1,000,000,000 is appropriated  from the general fund to                                                                   
     the public education fund  for distribution according to                                                                   
     the  Foundation  formula.    (Funding  comes  from  FY07                                                                   
     carry-forward monies to fund FY 09 education costs).                                                                       
                                                                                                                                
     Sec. 2(a) (Previously heard-HB 107 Section 1)                                                                              
     Tax   pass   thru  to   regional   seafood   development                                                                   
     corporations  - last year  the appropriation  was simply                                                                   
     left out - $153.0 in tax assessments/Other Funds.                                                                          
                                                                                                                                
     (Previously heard-HB 139 (Section 1b)                                                                                      
     The  Alaska Regulatory  Commission  requested $750.0  in                                                                   
     Regulatory  Receipts  in  the  fast  track  to  continue                                                                   
     litigation  at FERC  to defend  RCA's jurisdiction  over                                                                   
     intrastate   TAPS  rates.     They  also  requested   an                                                                   
     increment of  $600.0 in Regulatory Receipts  in the FY08                                                                   
     budget.   The amounts  have been  combined in  this bill                                                                   
     for a total of $1,350.0 and  placed in this supplemental                                                                   
     with an  extended lapse date  language to allow  them to                                                                   
     spend the funds as the litigation  continues during FY's                                                                   
     07,  08 and 09.   This  helps spread  the cost  over the                                                                   
     years  and avoids  the  RCA from  having  to bump  their                                                                   
     collections  to pay for  this amount  all in one  fiscal                                                                   
     year.                                                                                                                      
                                                                                                                                
     Sec. 3(a) Previously heard-HB 139 Section 1c)                                                                              
     Corrections  Inmate  Health   Care  $3,903.4  GF  -  The                                                                   
     Administration has indicated  they may need as much as a                                                                   
     million more  before yearend and that  additional amount                                                                   
     will be considered in another bill.                                                                                        
     (b)Previously heard-HB139 Section 1d)                                                                                      
     Anchorage Corrections Complex  - largely to pay overtime                                                                   
     for housing additional offenders - $1,082.7 GF.                                                                            
                                                                                                                                
     Sec. 4 (New Item)--$740.3  to pay for the Chenega School                                                                   
     Roof Replacement.  Added in Senate Finance.                                                                                
                                                                                                                                
     Sec. 5 (a) (New Item)                                                                                                      
     The sum of $2,315,000 is  appropriated to the Department                                                                   
     of   Health  and   Social   Services,   Office  of   the                                                                   
     Commissioner,  for operating  costs for a  comprehensive                                                                   
     program   associated  with   designing,  planning,   and                                                                   
     implementing  the  legislative Medicaid  Program  Review                                                                   
     Report dated February 2007.                                                                                                
                                                                                                                                
     This  funding is  for FY's  07, 08,  and 09  and is  the                                                                   
     beginning  of effort to obtain  the millions  of dollars                                                                   
     of savings identified in the report.                                                                                       
                                                                                                                                
     Federal receipts                  $1,182,500                                                                               
     General fund                     $1,132,500                                                                                
                                                                                                                                
     (b) (Previously heard-HB 139, Section g)                                                                                   
     Amend  language to repair  Pioneer Home  Roofs.   No new                                                                   
     money.                                                                                                                     
     (c) (Previously  heard HB 139, Section 1f)  $3.5 million                                                                   
     (GF) and  $3.0 million (COP) for the  Fairbanks Virology                                                                   
     Laboratory Completion.   Original appropriation  was $24                                                                   
     million in FY 06.                                                                                                          
                                                                                                                                
     Sec. 6 (a and b) (Previously heard-HB107, Section 2)                                                                       
     This funding pays the Department  of Law for the work it                                                                   
     did investigating the Mercer  actuarial matter - it does                                                                   
     not  pay   for  any  litigation  costs   but  makes  the                                                                 
     department whole.                                                                                                          
                                                                                                                                
     Sec. 7 (Previously heard-HB 139 Sections a-f)                                                                              
     DOTPF sections.                                                                                                            
                                                                                                                                
     (g)  (New  Item)  Chitina re-appropriation  is  new  and                                                                   
     added  here under.   There  is no dollar  change.   This                                                                   
     allows  the  bridge over  O'Brien  Creek  to be  rebuilt                                                                   
     providing access  to the Chitina dip netters  before the                                                                   
     salmon runs this year.                                                                                                     
                                                                                                                                
     Sec. 8 (Previously heard-HB 107 Section 3)                                                                                 
     Funding  for special  election  in  April on  employment                                                                   
     benefits  for  same-sex   partners.    The  request  was                                                                   
     amended down by $381.3, current request is $775.0.                                                                         
                                                                                                                                
     Sec.  9  (New Item)  This  amendment  was added  on  the                                                                   
     Senate Floor.   It is  a re-appropriation not  to exceed                                                                   
     $600,000  to  Legislative  Council for  special  session                                                                   
     expenses for the fiscal year ending June 30, 2007.                                                                         
                                                                                                                                
3:38:24 PM                                                                                                                    
                                                                                                                                
Representative Joule  inquired about Section 6,  regarding an                                                                   
$11-$12 million  lawsuit action.  Co-Chair  Chenault reported                                                                   
that  the lawsuit  has not  been  denied and  there has  been                                                                   
discussion with the Department of Law on the matter.                                                                            
                                                                                                                                
MICHAEL BARNHILL,  ASSISTANT ATTORNEY GENERAL,  DEPARTMENT OF                                                                   
LAW, reported  that the department  would like to  pursue the                                                                   
case and  obtain funding for it.   He related that  the money                                                                   
appropriated   is  just  for   the  investigation   that  was                                                                   
completed in January 2007.                                                                                                      
                                                                                                                                
Representative Joule  asked if the lawsuit is  going forward.                                                                   
Mr. Barnhill  reported that nothing  has changed in  terms of                                                                   
the level  of confidence and  in terms of the  recommendation                                                                   
to the legislature to fund the litigation.                                                                                      
                                                                                                                                
3:41:22 PM                                                                                                                    
                                                                                                                                
Representative  Crawford asked  what  happens next  regarding                                                                   
the  lawsuit and  funding.   Mr. Barnhill  reported that  the                                                                   
Department of  Law has reduced  the request from  $12 million                                                                   
to $6.75  million and the  hope is that  the request  will be                                                                   
reconsidered by the legislature.                                                                                                
                                                                                                                                
Representative  Gara  reported  that the  Department  of  Law                                                                   
previously  answered  his  questions  about  the  case  being                                                                   
strong  and  convinced  him  that  the  law  firm  previously                                                                   
selected would be  best.  He asked if that has  changed.  Mr.                                                                   
Barnhill  related that  the choice of  Paul, Weiss,  Rifkind,                                                                   
Wharton,  & Garrison,  LLP,  of New  York  remains the  same.                                                                   
There has  been discussion of  adjusting the contingency  fee                                                                   
arrangement.                                                                                                                    
                                                                                                                                
Representative  Gara stated  support  for  the Department  of                                                                   
Law's recommendation  as to how  to proceed on  the actuarial                                                                   
malpractice case.                                                                                                               
                                                                                                                                
3:44:52 PM                                                                                                                    
                                                                                                                                
JOHN    MACKINNON,    DEPUTY    DIRECTOR,    DEPARTMENT    OF                                                                   
TRANSPORTATION   AND  PUBLIC   FACILITIES,  responded   to  a                                                                   
question  from Representative  Gara regarding  the repair  of                                                                   
existing  facilities at  Chitina.   Mr. MacKinnon  emphasized                                                                   
that the  purpose is  not to force  an eminent domain  issue.                                                                   
Improvements  will be  made to  a bridge and  boat launch  at                                                                   
O'Brian Creek.                                                                                                                  
                                                                                                                                
Co-Chair Chenault asked if the  language was straightened out                                                                   
on that subject.  Mr. MacKinnon said yes.                                                                                       
                                                                                                                                
3:47:55 PM                                                                                                                    
                                                                                                                                
Representative Gara  referred to funding for  the Legislative                                                                   
Medicaid  Program Review  Report  in Section  5.   He  wanted                                                                   
assurance that the appropriation  was necessary.  He wondered                                                                   
how a contractor would be selected and who it would be.                                                                         
                                                                                                                                
JANET  CLARKE, ASSISTANT  COMMISSIONER,  DIVISION OF  FINANCE                                                                   
AND  MANAGEMENT SERVICES,  DEPARTMENT  OF  HEALTH AND  SOCIAL                                                                   
SERVICES, pointed  out that the work plan is  attached to the                                                                   
request  for the  supplemental.   She explained  that if  the                                                                   
funds come to the department rather  than to the legislature,                                                                   
there  will  have to  be  a  competitive  bid process.    She                                                                   
explained about the 50 percent federal reimbursement.                                                                           
                                                                                                                                
Representative Gara  asked if the contractor  will be Pacific                                                                   
Health Group  again.   Ms. Clarke reported  that it  would go                                                                   
out to  competitive bid.   Representative Gara said  he would                                                                   
accept the department's judgment.                                                                                               
                                                                                                                                
3:51:44 PM                                                                                                                    
                                                                                                                                
Vice Chair  Stoltze MOVED  to REPORT CSSB  61 (FIN)am  out of                                                                   
committee with  individual recommendations.   There  being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSSB 61  (FIN)am was  REPORTED  out of Committee  with  a "no                                                                   
recommendation".                                                                                                                
                                                                                                                                
3:52:40 PM                                                                                                                    
                                                                                                                                

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