Legislature(2007 - 2008)HOUSE FINANCE 519

03/11/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 08:30 am 03/12/08 --
*+ HB 311 BUDGET: CAPITAL, SUPP. & OTHER APPROPS TELECONFERENCED
Heard & Held
+ HB 54 CONSTRUCTION OF LEGISLATIVE HALL TELECONFERENCED
Heard & Held
+ HB 357 CLAIMS AGAINST REAL ESTATE LICENSEES TELECONFERENCED
Scheduled But Not Heard
+ HB 414 CRIME VICTIM COMPENSATION FUND TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
11:53:55 AM                                                                                                                   
                                                                                                                                
CS FOR SENATE BILL NO. 256(FIN) am(efd fld)                                                                                   
                                                                                                                                
     An  Act  making  supplemental  appropriations,  capital                                                                    
     appropriations,      expropriations,     and      other                                                                    
     appropriations; making  an appropriation to  the senior                                                                    
     benefits    payment     program;    amending    certain                                                                    
     appropriations;  ratifying  certain  expenditures;  and                                                                    
     making appropriations to capitalize funds.                                                                                 
                                                                                                                                
Co-Chair Meyer MOVED to ADOPT  work draft 25-GS2009\W, Kane,                                                                    
3/10/08 as  the version  of the  bill before  the Committee.                                                                    
There being NO OBJECTION, it was adopted.                                                                                       
                                                                                                                                
11:54:54 AM                                                                                                                   
                                                                                                                                
SHARON  KELLY, STAFF,  REPRESENTATIVE MIKE  CHENAULT, stated                                                                    
that the  House draft  contains $4.415 billion  general fund                                                                    
dollars, a  reduction of $5.313  million dollars  in federal                                                                    
funds  and  a reduction  of  $40.868  million dollars  other                                                                    
funds.                                                                                                                          
                                                                                                                                
11:56:05 AM                                                                                                                   
                                                                                                                                
Ms.  Kelly   pointed  out  the  two   packets  of  available                                                                    
information, one  labeled Total  House changes,  including a                                                                  
summary  sheet  of the  bill  and  changes from  Sec.  1-32,                                                                    
excluding Sec.  13-15.  There  is a separate  packet showing                                                                    
Sec. 13-15.  (Copies on File).                                                                                                  
                                                                                                                                
There  are five  changes  to the  operating  section of  the                                                                    
bill.                                                                                                                           
                                                                                                                                
   •    Sec. 1-3    Salary contract funding.  The draft                                                                       
        adds  appropriations  to   cover  the   Non  Covered                                                                    
        employees in the Executive, Judicial and Legislative                                                                    
        branches.  Those increases are normally  tied to the                                                                    
        Supervisory Unit.   The  increased amount  to $9.986                                                                    
        million general fund dollars.                                                                                           
   •    Sec. 4-6    Enterprise Technology Services (ETS)                                                                      
        adjustments, no changes were made in the work draft.                                                                    
   •    Sec. 7-9     The House draft adds:                                                                                    
        (A)  - Department  of  Revenue  adds  $100  thousand                                                                    
             dollars for  implementation of  HB  2001.   The                                                                    
             Department's  requested   amount  was   reduced                                                                    
             because the master auditors have not been hired                                                                    
             yet.                                                                                                               
        (B)  Department   of   Transportation   and   Public                                                                    
             Facilities requested dollars to cover increased                                                                    
             fuel utilities, lease and commodity costs.  The                                                                    
             funding amount was $1.875 million dollars.                                                                         
        (C)  Department   of   Transportation   and   Public                                                                    
             Facilities requested $393.9 thousand dollars to                                                                    
             cover arbitration settlements.                                                                                     
        (D)  University  of  Alaska  was  funded  at  $1.390                                                                    
             million dollars to cover  increased fuel costs.                                                                    
             The University requested general funds to cover                                                                    
             100% of fuel increases,  however, the increment                                                                    
             funds  60%  of  the  amount  requested  in  the                                                                    
             supplemental and funds  80% of the  fuel costs.                                                                    
             The FY09 funding requests will fund fuel at the                                                                    
             appropriate  ratio  between  General  Fund  and                                                                    
             other University fund sources.                                                                                     
                                                                                                                                
11:57:46 AM                                                                                                                   
                                                                                                                                
Representative   Kelly  questioned   the  numbers   used  to                                                                    
determine  University fuel  costs.   Ms. Kelly  advised they                                                                    
are  about   $1  million  dollars  short   on  the  request.                                                                    
Representative Kelly  asked if that was  the final decision.                                                                    
Ms.  Kelly explained  that was  the determination;  however,                                                                    
there are other supplemental items  coming up in the capital                                                                    
budget.                                                                                                                         
                                                                                                                                
11:59:24 AM                                                                                                                   
                                                                                                                                
PETE ECKLUND, STAFF, REPRESENTATIVE KEVIN MEYER, addressed                                                                      
the capital portions of the bill.                                                                                               
                                                                                                                                
   •    Sec. 10-12 A $1.1 million dollar addition to                                                                          
        Department  of  Commerce,  Community   and  Economic                                                                    
        Development for climate  change grants  ranging from                                                                    
        $50-$100 thousand dollars  to help  communities plan                                                                    
        for erosion problems.                                                                                                   
   •    A similar request for $230 thousand dollars was made                                                                  
        by Department of Environmental  Conservation to help                                                                    
        fund the  Governor's  climate  sub-cabinet,  created                                                                    
        through an  executive  order  (EO).   The  House  is                                                                    
        working with the  Senate to  have them  include $184                                                                    
        thousand dollars to be  added to the  operating bill                                                                    
        as a one time item.                                                                                                     
                                                                                                                                
12:00:12 PM                                                                                                                   
                                                                                                                                
Mr. Ecklund  continued the  overview of  capital items.   He                                                                    
explained  that  Co-Chair  Meyer's   office  went  over  the                                                                    
criteria and  guidelines the Governor used  to determine the                                                                    
vetoes  made in  last year's  capital budget  from a  letter                                                                    
dated 2/8/08.  All items were  reviewed from that veto.  The                                                                    
office  attempted  to  be  as   consistent  as  possible  in                                                                    
applying the  guidelines to the  vetoed projects.   A narrow                                                                    
and conservative view was taken  on the projects being added                                                                    
to the  draft to guarantee  that they met  those guidelines.                                                                    
He admitted the exercise was subjective.                                                                                        
                                                                                                                                
Mr. Ecklund  continued.  All  House members were  invited to                                                                    
discuss  projects in  their  districts &  how  they met  the                                                                    
Governor's guidelines.   Some  project titles  were slightly                                                                    
modified  &  changed  the   recipients  of  school  district                                                                    
projects.   Some  dollar amounts  were modified  downward as                                                                    
appropriate.  From that point,  the committee substitute was                                                                    
drafted.                                                                                                                        
                                                                                                                                
The  total added  by the  House is  $69.227 million  general                                                                    
fund dollars and $750 thousand federal funds.                                                                                   
                                                                                                                                
12:02:54 PM                                                                                                                   
                                                                                                                                
Mr.  Ecklund  pointed  out additional  funds  added  to  the                                                                    
following departments:                                                                                                          
                                                                                                                                
   •    Department     of     Environmental     Conservation                                                                  
        reappropriation requested by the Governor for $17.19                                                                    
        million dollars for village safe water funds.  A new                                                                    
        account was established, sweeping  the General Fund,                                                                    
        federal  funds  and   the  Alaska   Housing  Finance                                                                    
        Corporation (AHFC)  funds  from  projects that  have                                                                    
        been completed or cancelled.     The Department will                                                                    
        use  the  following  method  to  redistribute  those                                                                    
        funds, with  previously  legislatively  appropriated                                                                    
        projects, with no change in scope.   The oldest came                                                                    
      first & prioritized in the same year as before.                                                                           
   •    The effective dates have been added back into the                                                                     
        bill in Sec. 36-38.                                                                                                     
                                                                                                                                
12:03:42 PM                                                                                                                   
                                                                                                                                
Representative  Gara  summarized  that  the  capital  budget                                                                    
items listed  in the proposed  budget total  $69.977 million                                                                    
dollars.  He asked how much  more that amounted to from what                                                                    
the Senate  had proposed.   Mr. Ecklund replied that  it was                                                                    
$17.5 million dollars higher than the Senate number.                                                                            
                                                                                                                                
Representative Gara  inquired if  that information  had been                                                                    
listed in  the packet.   Mr. Ecklund stated in  was included                                                                    
in the distributed handout.  (Copies on File).                                                                                  
                                                                                                                                
Representative  Gara  asked  if  there  was  a  list.    Mr.                                                                    
Ecklund  explained that  the packet  contains three  various                                                                    
scenarios.   The information  sought by  Representative Gara                                                                    
is  contained in  the "House  Changes" material,  indicating                                                                    
all projects added by the House.                                                                                                
                                                                                                                                
12:04:31 PM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer noted  through Page  14, includes  the House                                                                    
additions; after Page 14 are House & Senate combined.                                                                           
                                                                                                                                
Representative Gara asked if there  was a comparison between                                                                    
what  the Senate  proposed and  that of  the Governor.   Mr.                                                                    
Ecklund advised  that the  Governor did  not propose  any of                                                                    
the listed  items.  Discussion followed  between Mr. Ecklund                                                                    
and Representative Gara regarding the crafted projects.                                                                         
                                                                                                                                
12:06:15 PM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer  clarified the  approach  taken.   The  only                                                                    
items being reconsidered in those  sections are items vetoed                                                                    
by the Governor  last year.  Last year,  the Governor vetoed                                                                    
about $200 million dollars of  projects.  Of that, the major                                                                    
portion was from  the Rail belt Energy Fund monies.   Of the                                                                    
$69  million,  $50 million  were  projects  vetoed that  the                                                                    
Senate  also   supports  reconsideration  of.     The  House                                                                    
determined other  projects not  included by the  Senate, but                                                                    
still meting the Governor's guidelines.   The House proposed                                                                    
draft does include those items.                                                                                                 
                                                                                                                                
12:07:51 PM                                                                                                                   
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
12:08:32 PM                                                                                                                   
                                                                                                                                
Representative Gara  discussed inclusion of the  $10 million                                                                    
dollar port  expansion project.   He  asked how  that number                                                                    
had been  determined.  Co-Chair  Meyer noted the  amount had                                                                    
been submitted  by the Municipality  of Anchorage  (MOA) and                                                                    
that  it had  been vetoed  last year  by the  Governor.   He                                                                    
emphasized the  importance of the  Port of Anchorage  to the                                                                    
entire  State,  pointing out  that  80%  of the  goods  sold                                                                    
throughout Alaska  come through  the port.   The  program is                                                                    
matched through the  federal government.  The  port needs to                                                                    
be prepared in order to be  able to address the pipe for the                                                                    
Gas Pipeline.                                                                                                                   
                                                                                                                                
Representative Gara  reiterated how the specific  amount had                                                                    
been determined.   He  pointed out that  there have  been no                                                                    
hearings  since the  project  was vetoed.    He requested  a                                                                    
determination  of the  actual amount  before it  is awarded.                                                                    
Co-Chair Meyer  reiterated it would  be a  federally matched                                                                    
option.  He  had faith that Mayor Beguich  and the Anchorage                                                                    
Assembly had  placed the item  as their  #1 priority.   He e                                                                    
did not question  the request.  The project  is important to                                                                    
the entire State.                                                                                                               
                                                                                                                                
12:11:52 PM                                                                                                                   
                                                                                                                                
Vice-Chair Stoltze  recalled that after the  veto, the Mayor                                                                    
commented that the funding is  a critical part of supporting                                                                    
the war  effort & our  national security.  The  port project                                                                    
was   ratified in agreement  and was included in  the Senate                                                                    
approach.                                                                                                                       
                                                                                                                                
12:13:11 PM                                                                                                                   
                                                                                                                                
Representative  Gara reiterated  the question  regarding the                                                                    
correct funding  amount for the  port project.   He realized                                                                    
the port  is an important  project; however, there  has been                                                                    
no  analysis that  the $10  million dollars  is the  correct                                                                    
amount.   He voiced  concern when  comparing that  number to                                                                    
other necessary State funding projects.                                                                                         
                                                                                                                                
Co-Chair Meyer  argued that  an email had  been sent  to all                                                                    
member's  for submitting  their considerations  of important                                                                    
issues.   He stipulated  that the  concern should  have been                                                                    
discussed last week.                                                                                                            
                                                                                                                                
Representative Gara  maintained that  budget issues  must be                                                                    
discussed  publically  rather  than  inside  the  Chairman's                                                                    
office.  Co-Chair Meyer fully  supported the request by MOA,                                                                    
emphasizing that  the issue  has had  public hearings.   All                                                                    
the office  meetings had been scheduled  to review projects.                                                                    
He  elaborated   that  the  Committee  should   not  now  be                                                                    
dissecting this issue.   He did not want to  see the process                                                                    
held  up.   He  added  the  blue  book, distributed  to  all                                                                    
members's,  highlights  all  the   detailed  items  for  the                                                                    
Anchorage projects.                                                                                                             
                                                                                                                                
12:15:59 PM                                                                                                                   
                                                                                                                                
Representative Gara ascertained that  the requested item had                                                                    
not shown  up in any  public forum  this year; he  wanted to                                                                    
see  a  hearing  on  the  issue.   The  item  had  not  been                                                                    
presented  in  a House  Finance  Committee  bill or  meeting                                                                    
until today.   He realized that it is a  priority of MOA and                                                                    
that he does support the project.   He pointed out that when                                                                    
he requests  money for projects, they  are analyzed closely,                                                                    
and he maintained  that all project requests  should also be                                                                    
as closely considered.                                                                                                          
                                                                                                                                
12:17:26 PM                                                                                                                   
                                                                                                                                
KAREN REHFELD,  DIRECTOR, OFFICE  OF MANAGEMENT  AND BUDGET,                                                                    
noted  that  there  are  many  pieces  to  the  supplemental                                                                    
program,  particularly  the   Senior  Benefits  Program  and                                                                    
requested  by the  Administration  for early  consideration.                                                                    
She indicated the Administration's  concern with last year's                                                                    
vetoed projects  being included  in the  current bill.   The                                                                    
Administration has  attempted to  work diligently  with both                                                                    
bodies  to come  up with  an overall  spending plan  for the                                                                    
next two fiscal years.                                                                                                          
                                                                                                                                
Ms. Rehfeld understood the  legislative frustration with the                                                                    
Governor's   vetoes  last   summer   and   hoped  that   the                                                                    
Legislature  and   the  Governor  could  continue   to  work                                                                    
together on determining an overall level of spending.                                                                           
                                                                                                                                
Co-Chair Chenault noted the  Legislature has been attempting                                                                    
to  work with  the Administration  and will  continue to  do                                                                    
that through the process.                                                                                                       
                                                                                                                                
12:19:33 PM                                                                                                                   
                                                                                                                                
Representative Gara  inquired if  each project had  been run                                                                    
individually  through the  Governor's Office.   Ms.  Rehfeld                                                                    
responded   that  the   Administration  had   not  addressed                                                                    
specifics of  any project &  whether or not they  would meet                                                                    
the Governor's  criteria.  The Administration  is attempting                                                                    
to determine  the appropriate  level of  spending &  if that                                                                    
can be agreed  upon, they realize there will  be changes and                                                                    
additions to the  Governor's proposed budget.   She hoped to                                                                    
come to agreement on the overall  size of the budget and not                                                                    
the individual projects.                                                                                                        
                                                                                                                                
Representative Gara addressed  identifying the overall level                                                                    
of spending and how much  the Governor would accept in terms                                                                    
of the extra  capital projects.  Ms.  Rehfeld responded that                                                                    
there has  been no  discussion about specific  dollar amount                                                                    
of legislative  discretionary projects.  She  maintained the                                                                    
need to determine an overall budget target.                                                                                     
                                                                                                                                
12:22:08 PM                                                                                                                   
                                                                                                                                
Representative  Gara   asked  if   the  Governor   had  been                                                                    
presented information  on the port expansion  since the veto                                                                    
was made.   Ms.  Rehfeld noted  that the  request originated                                                                    
from  Governor  Sheffield  and  was in  the  amount  of  $20                                                                    
million  dollars a  year, for  five years.   Governor  Palin                                                                    
included  $10 million  general bond  dollar proposal  in the                                                                    
FY09  budget.   She  did  not know  if  the Legislature  had                                                                    
determined from where to take the funding.                                                                                      
                                                                                                                                
12:23:25 PM                                                                                                                   
                                                                                                                                
Representative  Nelson  noted   she  supports  the  proposed                                                                    
supplemental bill,  which she believes is  appropriate.  The                                                                    
bill  includes  a large  amount  of  money for  the  Revenue                                                                    
Sharing Program,  the weatherization  program and  money for                                                                    
the  heros   list  to those  communities  needing  to  cover                                                                    
increased  retirement costs.   The  vetoed capital  projects                                                                    
from   last    year's   budget   were    unanticipated   and                                                                    
consequently, the proposed  supplemental is an unanticipated                                                                    
budget dealing  with unforeseen costs  and disasters.   Many                                                                    
communities have  bedded the recommendations  out, including                                                                    
public  hearings, prioritizing  their requests.   She  added                                                                    
that  for many  of  the  projects, time  is  of the  essence                                                                    
especially for those in remote Alaska.                                                                                          
                                                                                                                                
Representative Nelson added  that the current Administration                                                                    
is on  of the most  powerful by Constitution in  the Nation.                                                                    
Currently,  the  Legislature  is  in a  90-day  session  and                                                                    
constitutionally,  the  Legislature   is  the  appropriating                                                                    
body.   The  Legislature recognizes  that there  is a  large                                                                    
surplus  and that  the State  has a  lot of  unmet needs  in                                                                    
terms  of major  maintenance and  capital projects.   It  is                                                                    
appropriate  to  spend some  of  that  money for  the  life,                                                                    
health, education  and safety needs  within the State.   She                                                                    
reiterated her support for the proposed bill.                                                                                   
                                                                                                                                
12:26:36 PM                                                                                                                   
                                                                                                                                
Representative  Hawker addressed  the  changes  made in  the                                                                    
Senate version  adding $3.6 billion dollars  into the budget                                                                    
reserve  accounts.    He asked  if  the  Administration  was                                                                    
supportive  of  those  appropriations  into  savings.    Ms.                                                                    
Rehfeld commented that the Governor  is comfortable with the                                                                    
idea of  saving.   The CBR  is an  important element  to any                                                                    
savings  plan.   The Governor  proposed last  year that  the                                                                    
entire surplus go into the  CBR; however, there is a broader                                                                    
issue with the  addition of many significant  pieces.  There                                                                    
exists a lot of dynamics within the legislation.                                                                                
                                                                                                                                
12:28:42 PM                                                                                                                   
                                                                                                                                
In response to Representative  Hawker, Ms. Rehfeld clarified                                                                    
that the $2.6  billion dollar appropriation into  the CBR is                                                                    
an area  she believed the  Governor would be  supportive of.                                                                    
They  had not  discussed  the use  of  the Statutory  Budget                                                                    
Reserve.                                                                                                                        
                                                                                                                                
Representative  Hawker inquired  about the  Administration's                                                                    
position  on the  $300 million  dollar appropriation  to the                                                                    
Weatherization  Program   through  Alaska   Housing  Finance                                                                    
Corporation.   Ms. Rehfeld  advised that  the Administration                                                                    
has   had   conversations   with  Alaska   Housing   Finance                                                                    
Corporation and  that there is  a great deal of  support for                                                                    
increasing funding available for  those programs.  She could                                                                    
not guarantee that  $300 million dollars is  the number that                                                                    
the Governor would support.                                                                                                     
                                                                                                                                
12:31:04 PM                                                                                                                   
                                                                                                                                
Representative Kelly noted that  the combination of the $300                                                                    
million weatherization  in addition  to the  annuity revenue                                                                    
sharing, brings  the State close  to ½ billion dollars.   He                                                                    
asked if  the Administration  would prefer that  the savings                                                                    
be  increased by  that amount.   Ms.  Rehfeld clarified  the                                                                    
need for  a "bigger picture  discussion".  Energy is  one of                                                                    
the  big  considerations including  the  Energy  Fund and  a                                                                    
funding  source  for Revenue  Sharing.    The Governor  does                                                                    
support the  pieces of  the bill, but  wants to  address the                                                                    
overall procedure.                                                                                                              
                                                                                                                                
12:32:58 PM                                                                                                                   
                                                                                                                                
Co-Chair Meyer  agreed with comments made  by Representative                                                                    
Nelson  that  the  supplemental  request  is  large  @  $4.3                                                                    
billion dollars,  noting that  the key  is the  $3.6 billion                                                                    
dollars appointed  for savings.   He  added that  last year,                                                                    
when the capital  items were vetoed, the State  did not have                                                                    
the extra oil tax dollars.   The State now is in a different                                                                    
environment.                                                                                                                    
                                                                                                                                
Representative   Thomas   echoed   the  comments   made   by                                                                    
Representative  Nelson.   He  identified  the surplus  money                                                                    
available to  the State.  He  reiterated the inconsistencies                                                                    
where vetoes  were made last  year.   The State is  ahead of                                                                    
revenue expectations.                                                                                                           
                                                                                                                                
12:36:28 PM                                                                                                                   
                                                                                                                                
Representative Nelson understood that  the proposal is large                                                                    
and  that   the  State   is  constitutionally   required  to                                                                    
reimburse  the CBR.   In  previous  comments, she  expressed                                                                    
that the  Legislative Branch is the  appropriating body; she                                                                    
hoped that the  two bodies could get  past the disagreements                                                                    
and be  non-adversarial.  The  House has been the  Body that                                                                    
takes a more temperate approach to resolving conflicts.                                                                         
                                                                                                                                
12:37:40 PM                                                                                                                   
                                                                                                                                
Representative  Gara agreed  that  there  are projects  that                                                                    
meet  the  health  and  safety   guidelines  issued  by  the                                                                    
Governor,  but  that  there  are  some  that  do  not.    He                                                                    
maintained that  there is  a disconnect  in the  budget when                                                                    
not funding  certain operating budget  items and  then over-                                                                    
funding  in the  capital  budget.   He  maintained that  the                                                                    
decisions  are  a  matter of  leadership,  emphasizing  that                                                                    
there are  important projects in  the State that do  not get                                                                    
funded.  He urged that priorities be ranked.                                                                                    
                                                                                                                                
12:39:15 PM                                                                                                                   
                                                                                                                                
Representative Nelson MOVED to  ADOPT Amendment 1.  Co-Chair                                                                    
Chenault OBJECTED.                                                                                                              
                                                                                                                                
     Agency:   Department   of   Commerce,   Community   and                                                                    
    Economic Development Municipal Grants AS 37.05.315                                                                          
                                                                                                                                
     Project: Platinum Solid Waste Landfill Design & Build                                                                      
                                                                                                                                
     Amount:   $732,000                                                                                                         
                                                                                                                                
     Funding Source:          General Funds                                                                                     
                                                                                                                                
Representative   Nelson  noted   that   the  Department   of                                                                    
Commerce,  Community and  Economic  Development, Project  of                                                                    
Platinum  Solid Waste  landfill design  and build  (HD38) in                                                                    
the  amount of  $732  thousand general  fund  dollars.   She                                                                    
explained that the new landfill  is needed to serve both the                                                                    
community and  the new $30 million  seafood processing plant                                                                    
that  coastal Villages  Region Fund  (CVRF)  is building  in                                                                    
Platinum  construction of  the  plant  is already  underway,                                                                    
with the facility for 126  processing employees completed in                                                                    
2007.   The new plant is  expected to open for  operation in                                                                    
2009.  The  plant is largest capital project  in the 15-year                                                                    
history of  the Western  Alaska community  Development Quota                                                                    
(CDQ) Program, funded entirely by CVRF.                                                                                         
                                                                                                                                
Representative Nelson WITHDREW Amendment 1.                                                                                     
                                                                                                                                
Co-Chair  Chenault  realized  that  the issue  needs  to  be                                                                    
addressed as  it provides an  opportunity for jobs  in rural                                                                    
Alaska.  He offered to  continue to work with Representative                                                                    
Nelson.                                                                                                                         
                                                                                                                                
12:41:27 PM                                                                                                                   
                                                                                                                                
Representative Nelson MOVED to  ADOPT Amendment 2.  Co-Chair                                                                    
Chenault OBJECTED.                                                                                                              
                                                                                                                                
Representative Nelson explained the amendment.                                                                                  
                                                                                                                                
Co-Chair Chenault  pointed out  that there  are a  number of                                                                    
communities  that are  having  similar  problems; there  are                                                                    
discussions  happening  with  the  Corps  of  Engineers  for                                                                    
federal   funding.      He  noted   he   is   working   with                                                                    
Representative Joule at this time.                                                                                              
                                                                                                                                
Representative  Harris  agreed that  the  bill  was not  the                                                                    
appropriate  vehicle  for  addressing   the  problem.    The                                                                    
Legislature has  attempted to deal  with the  erosion issues                                                                    
for quite  a period of  time.  He  stated that the  Corps of                                                                    
Engineers is putting  the project out to bid  and is looking                                                                    
for matching  funds.   Evacuation of  the areas  will happen                                                                    
sooner or  later.  He  recommended inclusion of  the concern                                                                    
in the capital budget.                                                                                                          
                                                                                                                                
Representative  Nelson stated  that  recognizing the  strong                                                                    
sense  of   cooperation  and  the  money   placed  into  the                                                                    
supplemental  for  Department  of  Commerce,  Community  and                                                                    
Economic Development grant, she WITHDREW Amendment 2.                                                                           
                                                                                                                                
12:46:10 PM                                                                                                                   
                                                                                                                                
Representative  Crawford MOVED  to  ADOPT  Amendment 3,  25-                                                                    
GS2009\VA.1, Kane, 3/11/08.  Co-Chair Chenault OBJECTED.                                                                        
                                                                                                                                
Representative  Crawford explained  the  amendment would  do                                                                    
away with the appropriation  to the Statutory Budget Reserve                                                                    
and  places  it  instead   into  the  Constitutional  Budget                                                                    
Reserve (CBR).                                                                                                                  
                                                                                                                                
12:48:56 PM                                                                                                                   
                                                                                                                                
Representative   Crawford  read   from   the  statute   that                                                                    
establishes the budget reserve fund:                                                                                            
                                                                                                                                
     "There  is established  as a  separate fund,  the State                                                                    
     treasury, the budget reserve fund.   The budget reserve                                                                    
     fund  consists of  appropriations  to  the fund,  money                                                                    
     received  by   the  State  that   is  subject   to  the                                                                    
     appropriation  limit  under  (b) of  this  section  and                                                                    
     exceeds that  limit may be  appropriated to  the budget                                                                    
     reserve fund."                                                                                                             
                                                                                                                                
Representative  Crawford maintained  that  the proper  place                                                                    
for those funds  is the CBR and encouraged  that the dollars                                                                    
be  placed  into that  fund.    Additionally, he  added  his                                                                    
support  to  the   legislation  proposed  by  Representative                                                                    
Samuels.                                                                                                                        
                                                                                                                                
Co-Chair  Chenault clarified  that it  has been  proposed to                                                                    
place  the  $1 billion  dollars  into  the Statutory  Budget                                                                    
Reserve  and  $2.6  billion  dollars  in to  the  CBR.    He                                                                    
maintained that any dollars not  spent through the budgeting                                                                    
process   are    true   savings.       He   understood   the                                                                    
complications of withdrawing  money from the CBR  with the ¾                                                                    
voting  system.    He  stated that  there  are  two  savings                                                                    
accounts within the  CBR; one short term and  one long term,                                                                    
which allows the opportunity to  look further forward in the                                                                    
budget process.  Co-Chair  Chenault maintained his OBJECTION                                                                    
to Amendment 3.                                                                                                                 
                                                                                                                                
12:54:54 PM                                                                                                                   
                                                                                                                                
Representative   Crawford   hoped   there  could   be   more                                                                    
discussion because  of the long  term effect for  the State.                                                                    
He characterized the Statutory  Budget Reserve (SBR) fund as                                                                    
a deferred spending account.   He emphasized that the CBR is                                                                    
a fund that  is better thought-out in how  to administer the                                                                    
fund.  Only  taking 25% a year is problematic.   He asked if                                                                    
the fund would continue infinitely.                                                                                             
                                                                                                                                
Co-Chair  Chenault pointed  out that  if the  Legislature is                                                                    
only able  to withdraw 25% of  the SBR in one  year, perhaps                                                                    
the entire amount  should be placed into  that fund, because                                                                    
if left in the CBR, 100% can be accessed in any given year.                                                                     
                                                                                                                                
Representative  Gara advised  that it  does not  matter what                                                                    
the SBR  states, it  is a  statute and no  one can  tell the                                                                    
Legislature  how  to  spend  their money  next  year.    Any                                                                    
account  is only  advisory and  is non-binding.   He  stated                                                                    
that  Amendment 3  is correct,  which proposes  placing $3.6                                                                    
billion dollars into  the CBR, which is where  it would stay                                                                    
because it  could not be  accessed without a  super majority                                                                    
vote.   By  placing those  dollars into  the SBR,  the money                                                                    
could   be  withdrawn   next  year.      He  supported   the                                                                    
recommendation made by Representative Crawford.                                                                                 
                                                                                                                                
12:58:28 PM                                                                                                                   
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:      Nelson, Crawford, Gara                                                                                           
OPPOSED:       Stoltze,   Thomas,  Harris,   Hawker,  Kelly,                                                                    
               Chenault, Meyer                                                                                                  
                                                                                                                                
Representative Joule was not present for the vote.                                                                              
                                                                                                                                
The MOTION FAILED (3-7).                                                                                                        
                                                                                                                                
12:59:14 PM                                                                                                                   
                                                                                                                                
Representative Gara  MOVED to ADOPT  Amendment 4.   Co-Chair                                                                    
Meyer OBJECTED.                                                                                                                 
                                                                                                                                
Representative  Gara explained  that the  amendment emphasis                                                                    
the previous point made that  there are a lot more important                                                                    
things  that  the  State   could  accomplish  with  directed                                                                    
dollars in  the capital budget.   He pointed out  that there                                                                    
are  48  other  states  that  provide  more  aid  to  people                                                                    
attempting  to get  vocational education  than Alaska  does.                                                                    
Roughly  70% of  Alaska  kids  do not  go  to  college.   He                                                                    
believed that some  of the surplus money should  be used for                                                                    
creating  opportunity instead  of  putting  it into  capital                                                                    
projects.  He maintained that  some of the proposed projects                                                                    
are not public safety, health or education related.                                                                             
                                                                                                                                
The  amendment proposes  deleting $2.5  million dollars  for                                                                    
the Port  of Anchorage  expansion and placing  those dollars                                                                    
into  the Department  of  Education  and Early  Development,                                                                    
Alaska  Postsecondary  Education  Commission,  (new)  Alaska                                                                    
Advantage  Education  grants.    He added  that  the  Alaska                                                                    
Student  Loan   program  provides  a  $2.5   million  dollar                                                                    
dividend  that  should  stay   within  the  corporation  for                                                                    
financial  aid for  Alaska students.    That is  how it  was                                                                    
proposed by  the Governor.   He   pointed out  that Co-Chair                                                                    
Meyer's  maintains those  dollars should  instead be  placed                                                                    
into the Capital budget.                                                                                                        
                                                                                                                                
1:01:14 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer responded  that ASLC dividend as  well as the                                                                    
dividends form  the other  statewide corporations  have been                                                                    
placed  into  the  capital budget  versus  operating  budget                                                                    
because once they  are in the operating  budget, they become                                                                    
ongoing funding  obligations.  The dividend  amounts are not                                                                    
known from year to year &  are typically used in the Capital                                                                    
budget.   Amendment  4 places  them into  the Department  of                                                                    
Education and Early  Development, Alaska Advantage Education                                                                    
grants.  Representative Gara pointed  out that Alaska is the                                                                    
only  state  that  does  not provide  money  to  low  income                                                                    
students.   Co-Chair Meyer  argued that  Alaska is  the only                                                                    
state that pays  a Permanent Fund Dividend  (PFD), which can                                                                    
be  applied  to  State  tuition,  which  [Alaska  University                                                                    
tuition] is in the lower third nationwide.                                                                                      
                                                                                                                                
Co-Chair Meyer  mentioned the  top-ten scholars  program, an                                                                    
incentive  program   not  discriminating   between  economic                                                                    
classes.   He maintained that  keeping the dividends  in the                                                                    
capital budget was appropriate.                                                                                                 
                                                                                                                                
1:03:31 PM                                                                                                                    
                                                                                                                                
Representative Nelson noted that  she supports the intent of                                                                    
the  amendment,   but  maintained  that  the   budget  under                                                                    
consideration is  the supplemental budget  for unanticipated                                                                    
costs of the  State.  She stated  she would be a  no vote on                                                                    
the amendment.                                                                                                                  
                                                                                                                                
Co-Chair  Chenault  noted  that  he had  been  working  with                                                                    
Representative Gara on  the issue.  He pointed  out that 300                                                                    
low income  college students did  receive funding,  which is                                                                    
24%  of the  money spent  in  that program.   The  remaining                                                                    
dollars went to  students over 25 years old.   He noted that                                                                    
his original  intent of  the advantage  program was  for the                                                                    
younger  students, not  those  over  25 years  of  age.   He                                                                    
agreed  that the  program is  worth discussing  and probably                                                                    
worth funding through a different vehicle.                                                                                      
                                                                                                                                
1:06:39 PM                                                                                                                    
                                                                                                                                
Representative  Crawford  agreed  that   both  young  &  old                                                                    
students  need help  in  pursuing  their college  education.                                                                    
Every year there  are students in the  scholars program that                                                                    
have to  drop out because it  only pays the tuition  and not                                                                    
other living  costs.   He concurred that  it is  not correct                                                                    
that  a State  such as  Alaska, does  not do  more than  any                                                                    
other  state in  the Union  for their  student's educational                                                                    
concerns.                                                                                                                       
                                                                                                                                
1:09:08 PM                                                                                                                    
                                                                                                                                
Representative Gara addressed the  dividends coming from the                                                                    
Alaska Student Loan Program, which  have always totaled more                                                                    
than $1  million dollars; that is  not a reason to  place it                                                                    
in the capital  budget every year.  He pointed  out that 90%                                                                    
of the  students that qualified  for the low income  aid did                                                                    
not get it.   There is not the funding  available to provide                                                                    
an  education  option  to  most low  income  students.    He                                                                    
maintained that a $2.5 million  dollars grant dedicated to a                                                                    
specific  class of  students would  be a  great enhancement.                                                                    
He added that  75% of the vocational education  in the State                                                                    
is provided at the University.                                                                                                  
                                                                                                                                
Representative Gara WITHDREW Amendment 4.                                                                                       
                                                                                                                                
                                                                                                                                
AT EASE:       1:11:45 PM                                                                                                     
RECONVENE:          1:12:20 PM                                                                                                
                                                                                                                                
                                                                                                                                
Co-Chair Meyer MOVED to REPORT HCS CS SB 256(FIN) out of                                                                        
Committee with individuals recommendations.  There being NO                                                                     
OBJECTIONS, it was so ordered.                                                                                                  
                                                                                                                                
HCS CS SB 256 (FIN) was reported out of Committee with a                                                                        
"do pass" recommendation.                                                                                                       
                                                                                                                                

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