Legislature(1999 - 2000)

02/16/2000 09:43 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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SENATE BILL NO. 250                                                                                                             
"An Act making and amending capital, supplemental, and                                                                          
other appropriations and reappropriations; making a                                                                             
reappropriation under art. IX, sec. 17(c),                                                                                      
Constitution of the State of Alaska, from the                                                                                   
constitutional budget reserve fund; making                                                                                      
appropriations to capitalize funds; ratifying certain                                                                           
expenditures; and providing for an effective date."                                                                             
                                                                                                                                
                                                                                                                                
Co-Chair Parnell announced that, unlike the usual practice                                                                      
of having each department present their requests, the                                                                           
Office of Management and Budget will present an overview of                                                                     
all items. He qualified that if Committee members wish to                                                                       
hear from certain departments, they could be called before                                                                      
the Committee at a later date.                                                                                                  
                                                                                                                                
ANNALEE MCCONNELL, Director, Office of Management and                                                                           
Budget appreciated the early attention given to this bill,                                                                      
noting that there are a number of issues that would benefit                                                                     
from the legislature's prompt action.                                                                                           
                                                                                                                                
Ms. McConnell detailed how the procedures in handling the                                                                       
supplemental budget had undergone significant changes in                                                                        
the last six years. She stated that the emphasis is now to                                                                      
try to address the majority of funding needs in the regular                                                                     
budgets.                                                                                                                        
                                                                                                                                
Ms. McConnell noted however, that a couple of areas have                                                                        
not been dealt with in the regular budget for the past                                                                          
several years. She gave an example of fire suppression                                                                          
pointing out that since 1987, the legislature has not                                                                           
appropriated enough money to operate the program. She                                                                           
referred to earlier discussions about using five-year                                                                           
averages to determine an estimated amount to appropriate                                                                        
into the fund. The five-year average, excluding the highest                                                                     
and lowest years is approximately $11.7 million, according                                                                      
to Ms. McConnell. She stated that the supplemental request                                                                      
is for $6.4 million to cover fires that already occurred                                                                        
since the start of the fiscal year, plus and additional                                                                         
$3.6 million to be ratified to cover fires that occurred in                                                                     
the last fiscal year after the legislature adjourned.                                                                           
                                                                                                                                
Co-Chair Parnell clarified this request only covers the                                                                         
fires to date and does not cover any fires that may occur                                                                       
between now and June 30, 2000. Ms. McConnell affirmed and                                                                       
said the Administration would provide updates of any fires                                                                      
that may occur before the legislature departs in May.                                                                           
                                                                                                                                
Ms. McConnell directed the Committee's attention to Section                                                                     
1 of the bill, which addresses funding for the Gulf Coast                                                                       
Storm. She said she would detail the costs of this natural                                                                      
disaster later in her presentation. She did say there is a                                                                      
need for approximately $400,000 to cover costs associated                                                                       
with other major winter storm activity outside of the                                                                           
declared disaster area.                                                                                                         
                                                                                                                                
Co-Chair Parnell directed the discussion back to fire                                                                           
suppression and read from AS 26.23.050, the provision that                                                                      
allows the governor to reauthorize funds appropriated for                                                                       
other purposes to cover fire suppression costs. He spoke of                                                                     
a letter sent by the Senate Finance Committee co-chairs to                                                                      
the governor suggesting this funding alternative be used to                                                                     
keep the supplemental request lower. Co-Chair Parnell asked                                                                     
if this was attempted. Ms. McConnell replied that the                                                                           
Administration did look at doing this, but noted that at                                                                        
the time the fire disaster was declared, the fire activity                                                                      
was so intense it was expected to cost about $9.2 million.                                                                      
The Office of Management and Budget determined that simply                                                                      
having an executive budget adjustment of this amount was                                                                        
not the best decision. She warned that if a large sum of                                                                        
money were taken from programs such as Medicaid, a                                                                              
supplemental request would still be necessary.                                                                                  
                                                                                                                                
Co-Chair Parnell asked if this were an "all or nothing"                                                                         
situation or if reappropriation of a percentage of the                                                                          
needed amount was considered. Ms. McConnell responded that                                                                      
the departments were already dealing with the unallocated                                                                       
budget reductions imposed by the legislature in the FY00                                                                        
Operating Budget along with allocated reductions. Because                                                                       
these are major changes, she stressed they need to be dealt                                                                     
with at the legislative level.                                                                                                  
                                                                                                                                
Ms. McConnell next addressed the formula funding programs                                                                       
noting a total of $21 million is needed in 13 different                                                                         
program areas that were funded at less than the required                                                                        
level. She noted leasing commitments with the private                                                                           
sector that were short-funded in the FY00 budget.                                                                               
                                                                                                                                
Ms. McConnell pointed out that the issue of the Medicaid                                                                        
"option list" was discussed with the legislature last year                                                                      
during budget deliberations and it was determined that it                                                                       
should not be imposed in order to stay within the funding                                                                       
amount. She also said that intent language was inserted                                                                         
into the FY00 Operating Budget stating that a supplemental                                                                      
budget request could be used to fully fund the longevity                                                                        
bonus program.                                                                                                                  
                                                                                                                                
Co-Chair Parnell interjected stressing that no such                                                                             
discussion relating to Medicaid options took place in the                                                                       
Senate Finance Committee. He qualified that Representative                                                                      
Therriault did make related comments in the House Finance                                                                       
Committee asking the department to not cut options.                                                                             
                                                                                                                                
Ms. McConnell agreed that Representative Therriault and                                                                         
Representative Mulder made the comments. However, she                                                                           
countered that in discussions held during Senate Finance                                                                        
Budget Subcommittee meetings and Senate Finance Committee                                                                       
meetings, she had argued that if the legislature was not                                                                        
going to fully fund certain services such as those provided                                                                     
by Medicaid, there needed to be explicit intent language.                                                                       
                                                                                                                                
Co-Chair Parnell thought that the statutes are clear in                                                                         
stating that if there is inadequate funding, the Medicaid                                                                       
options are cut off in a rational order.                                                                                        
                                                                                                                                
Ms. McConnell told the Committee she has asked the                                                                              
Department of Health and Social Services to prepare an                                                                          
estimate of what will happen if no additional funding is                                                                        
allocated to meet the current options list. She learned                                                                         
that the "implications will be staggering." Items such as                                                                       
emergency dental care and other services that have been                                                                         
determined to be important would be eliminated, according                                                                       
to Ms. McConnell.                                                                                                               
                                                                                                                                
Ms. McConnell talked about some unexpected items, the                                                                           
largest being the need for an additional $2.1 million for                                                                       
pupil transportation. She detailed the expected 3.5 percent                                                                     
contractual cost increase that turned out to be much higher                                                                     
in Anchorage, Kenai and Fairbanks. She pointed out that the                                                                     
state has no control over the cost of the negotiated                                                                            
contracts between school districts and carriers because it                                                                      
is a reimbursement program rather than a fixed amount                                                                           
calculated per student or the distance of travel. She                                                                           
referred to a detailed breakdown by school district in the                                                                      
backup material provided by the Office of Management and                                                                        
Budget to the Committee.                                                                                                        
                                                                                                                                
Co-Chair Parnell asked what attributed to the increased                                                                         
contracts. Ms. McConnell replied it is essentially a lack                                                                       
of competition.                                                                                                                 
                                                                                                                                
Senator Adams asked how the state could contain the cost of                                                                     
this program when there are two components of the program:                                                                      
one operating on a contract basis for the service and the                                                                       
other with school districts operating in-house.                                                                                 
                                                                                                                                
Ms. McConnell told of earlier suggestions for a                                                                                 
reimbursement calculated on a per-pupil basis rather than                                                                       
the current formula system. She predicted this might spur                                                                       
competition between carriers.                                                                                                   
                                                                                                                                
Senator Wilken shared with the Committee that the                                                                               
Department of Education and Early Development Senate                                                                            
Finance Budget Subcommittee is addressing the matter and                                                                        
will have a report for the full Committee.                                                                                      
                                                                                                                                
Senator Green was concerned that there is no incentive to                                                                       
keep costs down because of the full reimbursement system.                                                                       
She knew of no other programs that received reimbursement                                                                       
just because costs increased. Co-Chair Parnell noted that                                                                       
contracts with private prisons operated in this manner as                                                                       
well. Senator Green said both should be addressed.                                                                              
                                                                                                                                
Senator Wilken stated that efforts are being made by the                                                                        
department and the subcommittee to institute "checks and                                                                        
balances" that would bring more competition into the                                                                            
process.                                                                                                                        
                                                                                                                                
Co-Chair Parnell reminded members that although the                                                                             
deadline to introduce personal legislation has passed, the                                                                      
Committee could sponsor a bill addressing some of these                                                                         
issues so long at the interested member is willing to carry                                                                     
the bill and do the legwork.                                                                                                    
                                                                                                                                
Ms. McConnell continued speaking to increased needs for the                                                                     
formula funding. She hoped the Committee would allow the                                                                        
Department of Education and Early Development an                                                                                
opportunity to explain the complicated K-12 formula                                                                             
program. She did point out that there were several ways the                                                                     
department was able to compensate for some of the under-                                                                        
funding. She gave an example of an $11.8 million reduction                                                                      
from the authorized level that was the result of lower                                                                          
enrollment and an increase in federal impact aide.                                                                              
                                                                                                                                
Co-Chair Parnell asked why the department is projecting a                                                                       
$19 million decrease in FY01 but only giving back $11.8                                                                         
million for the current year.                                                                                                   
                                                                                                                                
Ms. McConnell answered that a $2.7 million decrease was                                                                         
taken internally for some programs such as the                                                                                  
correspondence school. In addition, she said, Co-Chair                                                                          
Torgerson identified school enrollment was probably less                                                                        
than what school districts reported and subsequently $3.9                                                                       
million was reduced in the authorized budget. Co-Chair                                                                          
Torgerson was correct in that prediction, according to Ms.                                                                      
McConnell.                                                                                                                      
                                                                                                                                
Co-Chair Parnell asked if the $11.8 amount is an estimate                                                                       
and could change. Ms. McConnell confirmed and noted that                                                                        
the amount could change when the department receives the                                                                        
school district's student count in November.                                                                                    
                                                                                                                                
Co-Chair Torgerson asked if the $19.9 million funding                                                                           
decrease is based on the adopted budget or on the projected                                                                     
budget. Ms. McConnell explained that the decrease is the                                                                        
amount calculated using information supplied by the school                                                                      
districts and is a reduction to the FY00 authorized level.                                                                      
                                                                                                                                
Ms. McConnell next pointed out the lower caseloads for the                                                                      
Adult Public Assistance Program (ATAP) and said that the                                                                        
welfare program continues to produce good results, which                                                                        
accounts for a savings of $1.5 million that will be placed                                                                      
into the Childcare Assistance program. She stressed that in                                                                     
order to keep the welfare caseloads down, the state must                                                                        
provide childcare assistance so participants can continue                                                                       
working.                                                                                                                        
                                                                                                                                
Ms. McConnell noted federal funds were used to offset state                                                                     
expenses in frontline social workers and in subsidized                                                                          
adoptions. The subsidized adoption program is another                                                                           
formula program that was not funded at a sufficient level,                                                                      
according to Ms. McConnell.                                                                                                     
                                                                                                                                
Co-Chair Parnell asked if the $1.5 million savings from                                                                         
public assistance was reflected on page five of the                                                                             
supplemental bill. Ms. McConnell noted the transfer shows                                                                       
up in two places in the bill: Section 9 (a) Education and                                                                       
Early Development, and Section 10 (k) Health and Social                                                                         
Services.                                                                                                                       
                                                                                                                                
Ms. McConnell noted the other area where other funds were                                                                       
used to offset general fund requirements is in the                                                                              
Longevity Bonus Program. She explained the Administration                                                                       
intends to use the funds leftover from the Y2K Readiness                                                                        
appropriation to fund the shortfall. She reminded the                                                                           
Committee that the program was under-funded by $2.4 million                                                                     
and the appropriation contained intent language directing                                                                       
the Administration to come before the legislature with a                                                                        
supplemental request for the remaining funds. Senator                                                                           
Phillips asked what is the average age of participants. She                                                                     
stated that the drop in necessary funding from year to year                                                                     
is not substantial despite the phase-out of the program.                                                                        
Ms. McConnell said she would have the department provide                                                                        
the average age of participants and projections for the                                                                         
out-years.                                                                                                                      
                                                                                                                                
Ms. McConnell then addressed the Power Cost Equalization                                                                        
(PCE) program. She said the Administration recommends using                                                                     
the $8 million dividend from Alaska Industrial Development                                                                      
and Export Authority (AIDEA) to fund the remainder of the                                                                       
program. She said the one-time dividend is the result of a                                                                      
change in accounting rules. She detailed the role of                                                                            
capital gains and realized and unrealized earnings.                                                                             
                                                                                                                                
Co-Chair Parnell wanted to know if AIDEA money is currently                                                                     
used to fund PCE. Ms. McConnell responded that there was a                                                                      
"carry forward" of $2.2 million in the PCE fund plus 60                                                                         
percent or $5.5 million of the Four Dam Pool revenues and                                                                       
approximately $200,000 in interest revenues. The remaining                                                                      
amount, she said was to come from the National Petroleum                                                                        
Reserve Alaska (NPRA) grant, which does not have a                                                                              
resolution yet. She stressed there still is the issue of                                                                        
next year's PCE to fund. She noted that AIDEA is working                                                                        
with the Administration and the legislature to find a long-                                                                     
term solution to PCE.                                                                                                           
                                                                                                                                
Co-Chair Parnell restated his question as to whether or not                                                                     
AIDEA funds are currently used to fund PCE. Ms. McConnell                                                                       
answered it is not.                                                                                                             
                                                                                                                                
Ms. McConnell finished her presentation with an overview of                                                                     
the Central Gulf Coast Storm. She handed out a letter from                                                                      
Phil Oates, Commissioner of the Department of Military and                                                                      
Veterans Affairs addressed to the speaker of the House of                                                                       
Representatives and the President of the Senate. The letter                                                                     
contained a spreadsheet detailing the costs associated with                                                                     
the disaster. She stated the total cost from communities,                                                                       
businesses, private individuals, utility companies and                                                                          
state agencies has been reported to date as $16.3 million.                                                                      
She described the process of the request to the president                                                                       
of the United States for a declaration of Federal Emergency                                                                     
Management Agency (FEMA) disaster.                                                                                              
                                                                                                                                
Senator Adams asked what disaster statute is being used in                                                                      
this situation. Ms. McConnell replied that the current                                                                          
statute is being used because SB 101, which changes the                                                                         
definition of disaster, was not transmitted to the governor                                                                     
yet because of a technicality. Co-Chair Parnell pointed out                                                                     
that this is a natural disaster rather than an economic                                                                         
disaster, which is the type of disaster SB 101 addresses.                                                                       
                                                                                                                                
Ms. McConnell told the Committee the Administration is                                                                          
hoping to have a decision from the president of the United                                                                      
States this week as to whether or not the storm will be                                                                         
declared a federal disaster.                                                                                                    
                                                                                                                                
Senator Wilken referred to the requested transfer from the                                                                      
Y2K appropriation to the Longevity Bonus Program and wanted                                                                     
to know if the Y2K money doesn't lapse into the                                                                                 
Constitutional Budget Reserve if not spent by March first.                                                                      
Ms. McConnell corrected the date is March 31, 2000.                                                                             
                                                                                                                                
Senator Phillips had a question on the Central Gulf Coast                                                                       
Storm regarding the Matanuska Electric Association (MEA).                                                                       
He noted that from 20,000 to 30,000 residents of the                                                                            
Municipality of Anchorage were affected by the power                                                                            
outages from MEA. Senator Green pointed out that it is                                                                          
listed under the Matanuska-Susitna Borough. Ms. McConnell                                                                       
also thought it is was covered in the Matanuska-Susitina                                                                        
Borough claim but said that the department would confirm.                                                                       
Senator Phillips wanted to know the accounting process of                                                                       
this expenditure would be.                                                                                                      
                                                                                                                                
Senator Green had two questions relating to the Central                                                                         
Gulf Coast Storm. She wanted to know if the agencies                                                                            
deducted the expenses for the normal activities that would                                                                      
have been performed if there were no disaster. She also                                                                         
asked if insurance would cover some of the claims that were                                                                     
filed.                                                                                                                          
                                                                                                                                
Ms. McConnell replied to the first question by saying that                                                                      
some agencies are reporting the entire cost of their                                                                            
expenses if they otherwise have no related activity in the                                                                      
area of the disaster. However, only the additional disaster                                                                     
costs are covered. She gave an example of the Department of                                                                     
Transportation and Public Facilities' normal activity to                                                                        
only plow two inches of snow from the highway but will                                                                          
claim expenses for the extra effort required to clear an                                                                        
avalanche. She assured the Committee that a verification                                                                        
process would determine the actual costs of the disaster.                                                                       
                                                                                                                                
Ms. McConnell answered the second question by saying that                                                                       
some of the reported damages claimed under the FEMA                                                                             
declaration will eventually be covered by insurance.                                                                            
However, because people could be unsure if insurance would                                                                      
cover all of the damage, claims were filed for those                                                                            
damages.                                                                                                                        

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