05/01/2004 05:06 PM House 283
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                 Alaska State Legislature                                                                                     
            FREE CONFERENCE COMMITTEE ON SB 283                                                                               
                        May 1, 2004                                                                                             
                         5:30 p.m.                                                                                            
                                                                                                                              
TAPE(S) 04-1                                                                                                                    
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                              
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Gene Therriault                                                                                                         
Senator Lyman Hoffman                                                                                                         
                                                                                                                              
Representative Bill Williams, Co-Chair                                                                                          
Representative Pete Kott                                                                                                        
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 283(FIN)                                                                                                 
"An Act  making an appropriation  to reverse the  deposit of                                                                    
money  available for  appropriation in  the general  fund at                                                                    
the end of  fiscal year 2003 into  the constitutional budget                                                                    
reserve  fund;   making  an  appropriation   for  investment                                                                    
management fees for the  constitutional budget reserve fund;                                                                    
making   appropriations   under   art.   IX,   sec.   17(c),                                                                    
Constitution   of   the   State    of   Alaska,   from   the                                                                    
constitutional  budget reserve  fund; and  providing for  an                                                                    
effective date."                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR SENATE BILL NO. 283(FIN) am H                                                                                            
"An Act  making an appropriation  to reverse the  deposit of                                                                    
money  available for  appropriation in  the general  fund at                                                                    
the end of  fiscal year 2003 into  the constitutional budget                                                                    
reserve  fund;   making  an  appropriation   for  investment                                                                    
management fees  for the constitutional budget  reserve fund                                                                    
for   fiscal  year   2004;  making   an  appropriation   for                                                                    
investment  management fees  for  the constitutional  budget                                                                    
reserve fund for fiscal year  2005; making appropriations to                                                                    
the Department  of Education and Early  Development for K-12                                                                    
educational   programs;   making   appropriations   to   the                                                                    
University of Alaska and the  Alaska Court System; making an                                                                    
appropriation to reverse the deposit  of money available for                                                                    
appropriation in the general fund  at the end of fiscal year                                                                    
2004 into the constitutional  budget reserve fund; making an                                                                    
appropriation  of the  amount necessary  to balance  revenue                                                                    
and general  fund appropriations  for fiscal years  2004 and                                                                    
2005; making appropriations for  power cost equalization and                                                                    
for  grants to  municipalities, unincorporated  communities,                                                                    
and designated recipients;  making appropriations under art.                                                                    
IX, sec.  17(c), Constitution of  the State of  Alaska, from                                                                    
the constitutional  budget reserve  fund; and  providing for                                                                    
an effective date."                                                                                                             
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 283                                                                                                                  
SHORT TITLE: APPROP:CAPITAL/SUPPLEMENTAL/REAPPROP/CBR                                                                           
SPONSOR(s): SENATOR(s) HOFFMAN                                                                                                  
                                                                                                                                
01/28/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/28/04       (S)       FIN                                                                                                    
02/02/04       (S)       FIN AT 10:00 AM SENATE FINANCE 532                                                                     
02/02/04       (S)       Heard & Held                                                                                           
02/02/04       (S)       MINUTE(FIN)                                                                                            
02/11/04       (S)       FIN RPT CS  4DP 1NR          NEW                                                                       
                         TITLE                                                                                                  
02/11/04       (S)       DP: WILKEN, GREEN, HOFFMAN, BUNDE;                                                                     
02/11/04       (S)       NR: DYSON                                                                                              
02/11/04       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/11/04       (S)       Moved   CSSB    283(FIN)   Out   of                                                                    
                         Committee                                                                                              
02/11/04       (S)       MINUTE(FIN)                                                                                            
02/18/04       (S)       TRANSMITTED TO (H)                                                                                     
02/18/04       (S)       VERSION: CSSB 283(FIN)                                                                                 
02/19/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/04       (H)       FIN                                                                                                    
02/19/04       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/19/04       (H)       Moved Out of Committee                                                                                 
02/19/04       (H)       MINUTE(FIN)                                                                                            
02/23/04       (H)       FIN RPT 9DP                                                                                            
02/23/04       (H)       DP: MEYER, HAWKER, JOULE, CROFT,                                                                       
                         MOSES,                                                                                                 
02/23/04       (H)       FATE, FOSTER, HARRIS, WILLIAMS                                                                         
02/26/04       (H)       RETURNED TO FIN COMMITTEE                                                                              
03/02/04       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/02/04       (H)       Heard & Held                                                                                           
03/02/04       (H)       MINUTE(FIN)                                                                                            
03/03/04       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/03/04       (H)       Moved Out of Committee                                                                                 
03/03/04       (H)       MINUTE(FIN)                                                                                            
03/04/04       (H)       FIN RPT 10DP 1NR                                                                                       
03/04/04       (H)       DP: MEYER, HAWKER, STOLTZE, JOULE,                                                                     
03/04/04       (H)       CROFT, CHENAULT, FATE, FOSTER,                                                                         
                         HARRIS,                                                                                                
03/04/04       (H)       WILLIAMS; NR: MOSES                                                                                    
03/04/04       (H)       MOVED TO BOTTOM OF CALENDAR                                                                            
03/04/04       (H)       IN SECOND READING                                                                                      
03/04/04       (H)       ADJOURNED TO 3/5                                                                                       
03/05/04       (H)       ADJOURNED TO 3/8                                                                                       
03/08/04       (H)       MOVED TO BOTTOM OF CALENDAR                                                                            
03/08/04       (H)       VERSION: CSSB 283(FIN) AM H                                                                            
03/15/04       (H)       JOURNAL CORRECTION AM NO 10                                                                            
04/01/04       (S)       CONCURRENCE MESSAGE READ AND HELD                                                                      
04/06/04       (H)       CONFERENCE COMMITTEE APPOINTED                                                                         
04/06/04       (H)       HARRIS (CHAIR), COGHILL, KERTTULA                                                                      
04/06/04       (H)       LIMITED POWERS FREE CONFERENCE                                                                         
                         GRANTED                                                                                                
04/07/04       (S)       CONFERENCE COMMITTEE APPOINTED                                                                         
04/07/04       (S)       STEVENS B, (CHAIR), GREEN, ELTON                                                                       
04/07/04       (S)       LIMITED POWERS FREE CONFERENCE                                                                         
                         GRANTED                                                                                                
04/26/04       (S)       283 AT 1:45 PM SENATE FINANCE 532                                                                      
04/26/04       (S)       Closeout                                                                                               
04/27/04       (S)       FREE      CONFERENCE      COMMITTEE                                                                    
                         APPOINTED                                                                                              
04/27/04       (S)       WILKEN, THERRIAULT, HOFFMAN                                                                            
04/30/04       (H)       FREE      CONFERENCE      COMMITTEE                                                                    
                         APPOINTED                                                                                              
04/30/04       (H)       WILLIAMS (CHAIR), KOTT, JOULE                                                                          
05/01/04       (S)       283 AT 4:30 PM SENATE FINANCE 532                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
No witnesses                                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-1                                                                                                                     
                                                                                                                                
      SB 283-APPROP:CAPITAL/SUPPLEMENTAL/REAPPROP/CBR                                                                       
                                                                                                                                
CO-CHAIR GARY  WILKEN called the Conference  Committee on SB
283 to order. Present  were Senators Therriault, Hoffman and                                                                    
Wilken  and Representatives  Williams, Kott,  and Joule.  He                                                                    
announced that  Senator Therriault would review  the limited                                                                    
conference committee report and  then present a proposal for                                                                    
consideration.  The committee  will then  take up  any other                                                                    
issues members would like to address.                                                                                           
                                                                                                                                
SENATOR GENE  THERRIAULT informed members that  according to                                                                    
the  report received  from the  first conference  committee,                                                                    
those members were  able to agree on certain  items but were                                                                    
unable  to agree  on the  contingency  language, the  budget                                                                    
reserve  votes and  miscellaneous appropriations  in Section                                                                    
4. The first conference committee  did not have the power to                                                                    
consider  an  alternate  list of  projects,  which  the  new                                                                    
conference  committee  can.  He  distributed  to  members  a                                                                    
document  describing  some  of  the  discussions  among  the                                                                    
Senate members and pointed out  that Senate members have not                                                                    
agreed upon that list at this time.                                                                                             
                                                                                                                                
With  regard   to  replacing   the  discretionary   list  of                                                                    
miscellaneous  appropriations, SENATOR  THERRIAULT explained                                                                    
that it  contains $7.8 million to  go down the Dept  of Ed's                                                                    
major  maintenance  list  through project  16.  It  includes                                                                    
$1,000,000 for the People's Learning  Center, phase I, which                                                                    
was in the Governor's capital  budget proposal last year. It                                                                    
also contains money for the  Dillingham school roof repairs,                                                                    
as Dillingham  is unable  to sell bonds  or avail  itself of                                                                    
the major  maintenance list. The House  and Senate proposals                                                                    
differ  in their  amounts for  the  Foundation Formula.  The                                                                    
House  number is  $84,500,000, while  the  Senate number  is                                                                    
$82,000,000. The new Senate  proposal remains at $82,000,000                                                                    
and  the  extra  $2,500,000  will   be  used  to  cover  the                                                                    
additional costs.                                                                                                               
                                                                                                                                
Regarding the  transition funding, SENATOR  THERRIAULT noted                                                                    
that Senator Hoffman brought to  members' attention that the                                                                    
transition  floor would  cost about  $3.6 to  hold harmless.                                                                    
The Senate  Majority has countered  with a proposal  to just                                                                    
hold those dollars  that are being steered  into the formula                                                                    
for PERS/TRS  and take the  position that every  district in                                                                    
the state should get the full  benefit of every one of those                                                                    
dollars.                                                                                                                        
                                                                                                                                
SENATOR THERRIAULT further explained:                                                                                           
                                                                                                                                
     ...The PERS/TRS  dollars, which is about  40 to 45                                                                         
     percent  of the  money that's  being run  into the                                                                         
     formula, if you hold that  harmless and do not use                                                                         
     any of  that money  for erosion of  the transition                                                                         
     floor, that would cost a  little over $1.4 million                                                                         
     and so we have added  that in here because we know                                                                         
     that  is important  to a  lot of  rural districts.                                                                         
     And then  we have the Shishmaref  erosion problem,                                                                         
     we currently have a zero  there, but we've got the                                                                         
     little   side  box   (pointing  to   the  document                                                                         
     distributed to  the members), if  you look  at the                                                                         
     side box  we're proposing  that the  $420,000 from                                                                         
     [reappropriations] be  done -  be quickly  done in                                                                         
     this bill.  That gathers up  matches and  Corps of                                                                         
     Engineers  money, there's  some  BIA money  that's                                                                         
     currently in  place. Right now  we think  with the                                                                         
     [reappropriation], we  can get up to  $2.8 million                                                                         
     for the  Shishmaref problem. We know  that that is                                                                         
     not the  entire fix so we're  continuing to review                                                                         
     that proposal.                                                                                                             
                                                                                                                                
     So that brings  us up to a total -  a little lower                                                                         
     than  $11 million  so that's  where  we are  right                                                                         
     now.  We  still  think  there's a  little  bit  of                                                                         
     latitude to shift around  within these numbers but                                                                         
     we wanted  to just put  these on the table  to let                                                                         
     you  know   where  we  are  in   some  preliminary                                                                         
     discussions on the Senate side.                                                                                            
                                                                                                                                
     We do have  a run here for the  transition floor -                                                                         
     the color-coded  sheet. If you  look at  the third                                                                         
     column from  the right, that  shows you  what this                                                                         
     $1.4  would mean  to individual  districts. Up  at                                                                         
     the top,  Alaska Gateway  would benefit  from this                                                                         
     $1.477  million.   The  largest  benefit   to  any                                                                         
     particular  district is  Lower Kuskokwim.  They've                                                                         
     still got  quite a bit  of transition floor  so it                                                                         
     would benefit their district  $671,000. So you can                                                                         
     look  to see  if you've  got particular  [indisc.]                                                                         
     that are impacted by that.                                                                                                 
                                                                                                                                
     In  addition, I  just wanted  to touch  on another                                                                         
     component  of the  [SB] 283  package  and that  is                                                                         
     that  over the  years when  we were  still funding                                                                         
     municipal   matching   grants  -   the   Municipal                                                                         
     Matching  Grants  Program,  if you  were  a  small                                                                         
     district and  were trying to  save up money  for a                                                                         
     large  project,  you  could  basically  take  your                                                                         
     $25,000 minimum  appropriation each year  and sort                                                                         
     of set  it into the bank  and that was held  in an                                                                         
     account  in the  general  fund for  unincorporated                                                                         
     communities and  municipalities. When  the reverse                                                                         
     sweep did  not take place, all  those sub accounts                                                                         
     were swept  into the  general fund  - or  into the                                                                         
     CBR and  so my  staff has  been tracking  that for                                                                         
     the  past couple  of  months.  It's a  substantial                                                                         
     amount  of  money -  a  little  bit more  than  $2                                                                         
     million.  In Senator  Olson's district  it's about                                                                         
     $400,000,  Senator   Lincoln's  district   is  the                                                                         
     largest  amount spread  throughout  a  lot of  her                                                                         
     unincorporated  communities, $760,000,  but we  do                                                                         
     have a breakdown of the  communities that would be                                                                         
     impacted  by that  and so  the  reverse sweep  was                                                                         
     part  of  the original  bill  sent  over from  the                                                                         
     Senate. So, I  just wanted to make  sure that your                                                                         
     members  on the  House  side are  aware that  that                                                                         
     reverse sweep  component does have this  aspect to                                                                         
     it to.                                                                                                                     
                                                                                                                                
     So, I just mainly wanted  to put this on the table                                                                         
     to   let  you   know,   again,  some   preliminary                                                                         
     discussions that  have taken  place on  the Senate                                                                         
     side  so you  have  a chance  to  look over  these                                                                         
     numbers and  then you  have some  discussion right                                                                         
     now or just set the  next meeting so you have time                                                                         
     to go back to your  respective caucuses to discuss                                                                         
     these numbers.                                                                                                             
                                                                                                                                
REPRESENTATIVE  JOULE affirmed  the  Shishmaref numbers  are                                                                    
correct  and said  he  is glad  to  see the  reappropriation                                                                    
number in the proposal. He  indicated that the BIA money has                                                                    
been available  for a  while. The  Corps of  Engineers funds                                                                    
came up  within this  last year  and money  to match  it was                                                                    
found. He maintained:                                                                                                           
                                                                                                                                
     I just  want to  make sure  that what  doesn't get                                                                         
     lost in this is the  $3.4 is taken into account in                                                                         
     all  of  that.  That  just  goes  to  magnify  the                                                                         
     problem  the   community  is  facing.   But  these                                                                         
     numbers are pretty hard to [indisc.].                                                                                      
                                                                                                                                
SENATOR THERRIAULT  said he originally thought  the $3.4 was                                                                    
for  the  entire  project  but  now  understands  that  [the                                                                    
project]  is  broken down  into  three  components. The  two                                                                    
components [in  the proposal] will address  the buildings at                                                                    
most risk. He continued:                                                                                                        
                                                                                                                                
     And the  $3.4, it seems  like there's still  a bit                                                                         
     of  distance  there  before  you  get  up  to  the                                                                         
     lagoons and the  tannery, which I think  is on the                                                                         
     southern  part  of the  island.  A  little bit  of                                                                         
     confusion yet while I'm trying  to track down some                                                                         
     information.  It's  my   understanding  that  it's                                                                         
     expected that  this is not  a permanent  fix, that                                                                         
     you are facing the elements  there and so I'm just                                                                         
     trying to  get some  information that if  the $3.4                                                                         
     was not all secure  and there's still some erosion                                                                         
     down on that  southern end of the  island, if this                                                                         
     is  a  ten-year  fix,  can  we  expect  that  that                                                                         
     portion would  erode up  to buildings  within that                                                                         
     ten  years or  beyond that  ten years  or we  just                                                                         
     don't know?"                                                                                                               
                                                                                                                                
REPRESENTATIVE JOULE acknowledged  that Senator Therriault's                                                                    
questions were good ones and  affirmed that the fix [in this                                                                    
proposal] is  a temporary one. He  added that it would  be a                                                                    
good time to  talk to some hydrologists  and engineers about                                                                    
the waterworks and get some  of that information. He thought                                                                    
those  issues  can  be addressed  when  the  committee  next                                                                    
meets.                                                                                                                          
                                                                                                                                
CO-CHAIR WILKEN  suggested including the aerial  map as part                                                                    
of  the record  to show  everyone  where the  money will  be                                                                    
used.                                                                                                                           
                                                                                                                                
CO-CHAIR WILLIAMS  asked if the  PERS/TRS [funds]  will have                                                                    
to be fixed each year by the legislature.                                                                                       
                                                                                                                                
CO-CHAIR WILKEN  said he would  think the state is  going to                                                                    
be facing  the PERS/TRS  problem for five  or six  years. He                                                                    
explained that  this proposal would establish  the precedent                                                                    
that it will be addressed every year. He added:                                                                                 
                                                                                                                                
     What  we're saying,  I think,  by  doing this  the                                                                         
     first year  of this  five or six-year  period 'til                                                                         
     we  get up  to the  35  percent contribution  rate                                                                         
     that  we're   saying  that   at  least   it's  our                                                                         
     expectation that  we would fund  the PERS  and TRS                                                                         
     as we have  here at 100 percent and not  at the 60                                                                         
     percent so  that number would  change but  I think                                                                         
     our  intent,  and  the policy  call  we're  making                                                                         
     here,  would carry  on  each  year, although  each                                                                         
     year  it would  be  subject  to the  legislature's                                                                         
     appropriation.                                                                                                             
                                                                                                                                
CO-CHAIR  WILLIAMS asked  if any  piece of  legislation will                                                                    
have to be amended to do this.                                                                                                  
                                                                                                                                
CO-CHAIR WILKEN  said no, it  is his understanding  it would                                                                    
be  a grant  back  to the  schools.  The foundation  formula                                                                    
would remain  the same,  as would  the student  dollar. This                                                                    
loss would be plugged back in as a grant.                                                                                       
                                                                                                                                
SENATOR  HOFFMAN  suggested  eliminating the  rolling  floor                                                                    
through legislation to save $1.4 million.                                                                                       
                                                                                                                                
SENATOR THERRIAULT responded:                                                                                                   
                                                                                                                                
     To answer  the question  directly, this is  just a                                                                         
     one year - you're not  having the impact with this                                                                         
     year's appropriation  and of  course [Legislative]                                                                         
     Budget  and Audit  has approved  a contract  to go                                                                         
     back  to  the  cost  factor study  and  make  some                                                                         
     adjustments  to that  so  the  legislature may  be                                                                         
     getting  to   the  point   where  they   have  the                                                                         
     information  to   go  in  and  review   and  make,                                                                         
     perhaps,   a   complete    modification   to   the                                                                         
     foundation  formula that  would take  care of  the                                                                         
     floor.  The next  legislature will  hopefully have                                                                         
     that cleaned  up report and whether  they make the                                                                         
     policy call  next year  to completely  rewrite the                                                                         
     formula  that would  take care  of that,  that's a                                                                         
     possibility certainly.                                                                                                     
                                                                                                                                
CO-CHAIR WILKEN  repeated that  the major  maintenance would                                                                    
cover  projects 1  through 16.  The  Dillingham school  roof                                                                    
repair  funds  are  to cover  two  schools.  The  transition                                                                    
funding is  the result  of the  committee's work  but Senate                                                                    
members asked Mr.  Jeans at the Department  of Education and                                                                    
Early Development  (DEED) to  do a run  and the  numbers are                                                                    
identical.                                                                                                                      
                                                                                                                                
There being no further  questions, CO-CHAIR WILKEN announced                                                                    
the committee  would meet again  on Monday  at a time  to be                                                                    
arranged. He then adjourned the meeting at 6:00 p.m.                                                                            
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