Legislature(2007 - 2008)SENATE FINANCE 532

03/25/2008 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 152 CHARTER SCHOOL FUNDING TELECONFERENCED
Heard & Held
+= HB 125 BUDGET PLANNING & LONG-RANGE FISCAL PLAN TELECONFERENCED
Moved CSHB 125(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 28 LIMIT OVERTIME FOR REGISTERED NURSES
Moved CSSB 28(FIN) Out of Committee
CS FOR HOUSE BILL NO. 125(FIN)                                                                                                
                                                                                                                                
     "An Act relating to budget planning and a fiscal plan                                                                      
     for the State of Alaska."                                                                                                  
                                                                                                                                
Co-Chair Hoffman MOVED  to ADOPT a new CS for  CSHB 125(FIN),                                                                   
labeled 25-LS0546\N, Cook, 3/24/08.                                                                                             
                                                                                                                                
Co-Chair Stedman OBJECTED.                                                                                                      
                                                                                                                                
Mr. Peterson  explained  three changes  in the  new CS.   The                                                                   
first change  is on  page 1,  line 6.   The language  "except                                                                   
during  the  first  year  of the  governor's  first  term  of                                                                   
office" was  removed.  The  reason was  in order to  have the                                                                   
fiscal plan provided every year.                                                                                                
                                                                                                                                
The second change  is on page 2, lines 11-15.   This is a new                                                                   
section   which  requires   the   fiscal   plan  to   include                                                                   
assumptions and projections, especially  in the area of major                                                                   
operating increases.  An example  of how this would be useful                                                                   
would be an unexpected shift in  the population of school age                                                                   
children  in a  community and  how that  would affect  school                                                                   
funding.                                                                                                                        
                                                                                                                                
The third change is on page 4,  lines 6-12.  This new section                                                                   
would  require the  Department of  Revenue to  submit to  the                                                                   
legislature  a  debt  affordability  analysis  each  year  by                                                                   
January 31.   Currently, Alaska  does not produce  a document                                                                   
that   meets   rating   agency  requirements   for   a   debt                                                                   
affordability  study.     Even  thought  the   Department  of                                                                   
Administration  annually publishes  the Comprehensive  Annual                                                                   
Financial  Report (CAFR),  it  lacks projections  for  future                                                                   
debt issuance.                                                                                                                  
                                                                                                                                
Co-Chair Stedman  WITHDREW his  OBJECTION.    There  being NO                                                                   
further OBJECTION, the new CS was adopted.                                                                                      
                                                                                                                                
9:33:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE HAWKER, sponsor,  explained the substance                                                                   
of the bill.  The bill represents  a critical step forward in                                                                   
the state in  establishing the "holy grail"  of state policy;                                                                   
a  fiscal plan.    The bill  establishes  a planning  process                                                                   
rather   than  a   plan  itself.      The  legislature,   the                                                                   
administration,  and the  public will  be able to  understand                                                                   
how financial  decisions are  made today,  in the context  of                                                                   
the consequences of those decisions over time.                                                                                  
                                                                                                                                
The  bill requires  that  each year,  along  with the  annual                                                                   
spending plan  for the budget,  the administration  submit to                                                                   
the  legislature  and  the  public  a  ten-year  estimate,  a                                                                   
projection,  of  future  sources  and uses  of  state  funds.                                                                   
Representative  Hawker  emphasized  the  terms  "sources  and                                                                   
uses".   He pointed out  that nothing  in the bill  creates a                                                                   
false  sense  of  accuracy regarding  the  projections.    He                                                                   
voiced appreciation for the critical  assumptions which would                                                                   
lead to an understanding of the fiscal plan.                                                                                    
                                                                                                                                
Representative  Hawker termed the  bill profound  and elegant                                                                   
in its  simplicity.   It will  establish an understanding  of                                                                   
the consequences of financial decisions.                                                                                        
                                                                                                                                
9:36:58 AM                                                                                                                    
                                                                                                                                
Representative  Hawker  spoke   about  Section  4,  the  debt                                                                   
affordability  analysis, which was  prepared with  advice and                                                                   
consent from the  Department of Revenue.  The  idea came from                                                                   
the recent Moody's  Evaluation of the State  of Alaska, which                                                                   
indicated state deficiencies,  one of which was a  lack of an                                                                   
annual debt affordability study.   The capital markets in New                                                                   
York think very highly of a state  that includes an inventory                                                                   
of  state  debt,  projections   of  future  state  debt,  and                                                                   
evaluations of consequential affordability impacts.                                                                             
                                                                                                                                
In addition, the  bill cleans up provisions  in the Executive                                                                   
Budget   Act  and   conforms  existing   language  to   terms                                                                   
established in the bill.                                                                                                        
                                                                                                                                
9:39:40 AM                                                                                                                    
                                                                                                                                
Co-Chair   Stedman  commented   on  the  debt   affordability                                                                   
analysis.   He  pointed to  the  paradox in  Alaska with  its                                                                   
sizeable set aside  of $37 billion in the Permanent  Fund and                                                                   
other  substantial savings,  as well  as a  small debt  load.                                                                   
Yet, the rating  agencies consider it a negative  mark to not                                                                   
have a debt affordability analysis.                                                                                             
                                                                                                                                
Representative Hawker  commented that the March  2008 Moody's                                                                   
Investor Service  Global Credit Research Report  concurs with                                                                   
Co-Chair Stedman's analysis.   The state suffers from several                                                                   
governance  shortcomings.   HB  125 would  remediate  several                                                                   
Best Practices.   The first is  that Alaska does  not produce                                                                   
multi-year   financial  plans   with  out-year  revenue   and                                                                   
expenditure  forecasts.    The   state  does  not  produce  a                                                                   
document  that   meets  Moody's   requirements  for   a  debt                                                                   
affordability study.  This bill  satisfies both shortcomings.                                                                   
                                                                                                                                
AT-EASE:       9:42:02 AM                                                                                                     
                                                                                                                                
RECONVENE:     9:42:34 AM                                                                                                     
                                                                                                                                
Senator Dyson MOVED to ADOPT Amendment 1:                                                                                       
                                                                                                                                
     Page 1, line 7:                                                                                                            
     Estimates of  significant sources and uses  of funds for                                                                   
     the succeeding 15 [10] fiscal                                                                                        
                                                                                                                                
     Page 4,  Line 14 through Page  6, Line 8, is  amended to                                                                   
     read:                                                                                                                      
          Sec. 37.07.060. Governor's recommendation. (a) The                                                                  
     governor  shall  formulate  the  operating  and  capital                                                               
     budget,  capital  improvements program,  [PROGRAMS]  and                                                           
     fiscal   plan   [FINANCIAL   PLANS]   required   to   be                                                               
     recommended  to the  legislature by  AS 37.07.020  after                                                                   
     considering  the  state   agency  proposed  program  and                                                                   
     financial   plans  prepared   in   accordance  with   AS                                                               
     37.07.050, and other programs  and alternatives that the                                                               
     governor    considers   appropriate.   The    governor's                                                               
     recommended plans must include                                                                                         
          (1)   the  governor's   recommended  missions   and                                                               
          desired results;                                                                                              
          (2)  [,] recommended  strategies  to implement  the                                                               
          missions and desired                                                                                              
     results;                                                                                                               
          (3)  [,]   recommended  measures   for  determining                                                               
     whether the  missions and desired results  are achieved,                                                                   
     including  an assessment  of  whether adequate  progress                                                               
     has been  made toward achieving prior year  missions and                                                               
     desired results [HAVE BEEN ACHIEVED];                                                                                    
          (4)  a   recommended  operating  program   for  the                                                               
     succeeding fiscal year;                                                                                                
          (5) a [,] recommended  capital improvements program                                                               
     for the succeeding six fiscal years;                                                                                   
          (6) [,]  recommended programs for the  upgrading of                                                               
     public buildings  and facilities prepared  in accordance                                                                   
     with AS  35.10.015, including  a proposed time  to begin                                                               
     each of the upgrading projects;                                                                                        
          (7) [AND]  recommended revenue measures  to support                                                               
     the programs;                                                                                                          
          (8) a  projection of revenue for the  succeeding 15                                                               
     years categorized  by each  major source of  revenue and                                                               
     an explanation of any significant  changes from previous                                                               
     projections;                                                                                                           
          (9)  projections   of  the  expenditures   for  the                                                               
     succeeding  15  years  listed  by  each  major  area  of                                                               
     expenditure  and  an  explanation   of  any  significant                                                               
     changes from previous projections;                                                                                     
          (10)   the  assumptions   on   which  the   15-year                                                               
     projections are made;                                                                                                  
          (11)  proposed actions  for  increasing revenue  or                                                               
     cutting    expenditures   as    necessary   to    ensure                                                               
     expenditures do not exceed revenue;                                                                                    
          (12) changes  in strategy or new  strategies needed                                                               
     as  a  result of  previously  unanticipated  changes  in                                                               
     expenditures, revenue, or unsuccessful strategies;                                                                     
          (13) an  analysis of state debt,  identification of                                                               
     the  target  maximum  debt   amount,  and,  if  debt  is                                                               
     projected  to exceed the  target maximum, strategies  to                                                               
     reduce state  debt, satisfy outstanding bonds,  and meet                                                               
     deferred maintenance needs;                                                                                            
          (14)  the status of  unfunded state liabilities,  a                                                               
     trend  analysis for  the liabilities,  and the  strategy                                                               
     for funding the liabilities;                                                                                           
          (15) an analysis of  anticipated changes in federal                                                               
     funding  and  the  plan for  accommodating  the  reduced                                                               
     funding;                                                                                                               
          (16)  the  target minimum  level  of  funds in  the                                                               
     budget reserve  fund (art. IX, sec. 17,  Constitution of                                                               
     the State  of Alaska)  and, if the  amount is  less than                                                               
     the target minimum level, the target level of                                                                          
     repayments to the budget reserve fund together with the                                                                
     plan for achieving the repayments;                                                                                     
          (17) the target level of funding for an emergency                                                                 
     fund to address state disasters and the plan for                                                                       
     achieving the funding;                                                                                                 
          (18) a plan for using surplus state revenue if                                                                    
     there is any;                                                                                                          
          (19) actions the legislature must take for the                                                                    
     state's financial strategy to succeed and the time each                                                                
     action must be taken.                                                                                                  
                                                                                                                                
     Page 5, Line 1: AS 37.07.060(b) is amended as follows:                                                                     
           Preceded [ACCOMPANIED]                                                                                           
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
Senator  Dyson  voiced appreciation  for  the  intent of  the                                                                   
bill.  The  amendment tightens up language and  clarifies the                                                                   
content  of the governor's  fiscal  plan.   It also says  the                                                                   
report  will   be  given  to   the  legislature   before  the                                                                   
governor's state of  the state address.  It  expands the time                                                                   
period  from   10  years  to   15,  due  to   expected  major                                                                   
developments exceeding the ten-year window.                                                                                     
                                                                                                                                
9:44:58 AM                                                                                                                    
                                                                                                                                
Senator  Olson  requested  a   response  from  Representative                                                                   
Hawker.  Representative Hawker  thought that 15 years was too                                                                   
long.  The current  state  revenue forecast  is  based on  10                                                                   
years.                                                                                                                          
                                                                                                                                
Senator  Elton also  thought that  15  years was  problematic                                                                   
because of  the potential  for change.   He wondered  if this                                                                   
amendment would change the fiscal note.                                                                                         
                                                                                                                                
9:47:18 AM                                                                                                                    
                                                                                                                                
JOHN  BOUCHER, SENIOR  ECONOMIST,  OFFICE  OF MANAGEMENT  AND                                                                   
BUDGET,  OFFICE OF  THE GOVERNOR,  said it  appears that  the                                                                   
scope  of  work in  the  fiscal  planning document  could  be                                                                   
significantly  expanded,  especially   regarding  changes  in                                                                   
strategy.                                                                                                                       
                                                                                                                                
Representative  Hawker echoed Mr.  Boucher's sentiments.   He                                                                   
noted that  the discussion about  the duration of  the fiscal                                                                   
plan has taken  place.  The result was an attempt  to make it                                                                   
the least  constraining  course on the  administration.   The                                                                   
bill is about creating a verb,  not a noun, as this amendment                                                                   
appears to do.   At this time in the process,  it is too soon                                                                   
to require a specific list of outcomes.                                                                                         
                                                                                                                                
9:50:12 AM                                                                                                                    
                                                                                                                                
Senator Dyson  maintained that the amendment  does not expand                                                                   
the scope of the  work.  He challenged the  Committee to show                                                                   
that any of the items should not  be included.  He noted that                                                                   
BP has a  50-year plan, Brazil  has an 80-year plan,  and the                                                                   
European Union is  currently considering a 20-year  plan.  He                                                                   
reminded the  Committee that once  the plan is done,  it just                                                                   
needs to be updated yearly.                                                                                                     
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Dyson                                                                                                                 
OPPOSED: Thomas, Elton, Olson, Hoffman, Stedman                                                                                 
                                                                                                                                
The motion FAILED (1-5).                                                                                                        
                                                                                                                                
9:53:33 AM                                                                                                                    
                                                                                                                                
Mr.  Boucher  spoke  in favor  of  HB  125  and most  of  the                                                                   
proposed changes in  the CS.  He referred to line  6 where it                                                                   
had  previously said  "except  during the  first  year of  an                                                                   
administration", which  he preferred to be left  in the bill.                                                                   
He explained  that the  in-coming administration  may  have a                                                                   
fiscal  plan in  opposition to  the previous  administration.                                                                   
Due to the timing of the fiscal  plan, the new administration                                                                   
would probably strip  many of the provisions  of the previous                                                                   
administration's  fiscal   plan.    He  noted   in  the  last                                                                   
administration change,  the director of OMB was  not on board                                                                   
until January 15.                                                                                                               
                                                                                                                                
Co-Chair Stedman  asked if the incoming  administration could                                                                   
file  an  amendment  to  the  plan.    Representative  Hawker                                                                   
replied that  there is nothing  that would prevent  that from                                                                   
happening.    He  opined  that  it  was  important  that  the                                                                   
legislature  send  a message  to  potential governors  to  be                                                                   
prepared to lead and to have a vision.                                                                                          
                                                                                                                                
Co-Chair Stedman  commented on the  need to continue  the on-                                                                   
going plan, even though it may be amended.                                                                                      
                                                                                                                                
9:56:26 AM                                                                                                                    
                                                                                                                                
Senator  Dyson agreed  that the  first year's  work could  be                                                                   
subject to revision.                                                                                                            
                                                                                                                                
9:57:01 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  MOVED to  REPORT SCS  CSHB 125(FIN)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
SCS CSHB 125 (FIN)  was REPORTED out of Committee  with a "do                                                                   
pass"  recommendation  and with  a  new  fiscal note  by  the                                                                   
Office of the Governor and a new indeterminate fiscal note                                                                      
by the Department of Revenue.                                                                                                   
                                                                                                                                

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