Legislature(1997 - 1998)

10/08/1997 09:30 AM House BUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
MINUTES                                                                        
ALASKA STATE LEGISLATURE                                                       
LEGISLATIVE BUDGET & AUDIT COMMITTEE                                           
October 8, 1997                                                                
9:30 a.m.                                                                      
Legislative Information Office                                                 
Anchorage, Alaska                                                              
                                                                               
TAPES                                                                          
                                                                               
LBA-97, #10, Side 1                                                            
LBA-97, #10, Side 2                                                            
LBA-97, #11, Side 1                                                            
                                                                               
                                                                               
CALL TO ORDER                                                                  
                                                                               
Chairman Randy Phillips convened the meeting of the Legislative                
Budget and Audit Committee on October 8, 1997 at approximately 9:30            
a.m. in the Legislative Information Office Conference Room in                  
Anchorage, Alaska.                                                             
                                                                               
PRESENT                                                                        
                                                                               
Representatives    Senators                                                    
                                                                               
Rep. Martin    Chrm. Phillips                                                  
Rep. Bunde    Sen. Donley                                                      
Rep. Therrault    Sen. Adams                                                   
        Sen. Halford                                                           
        Sen. Pearce                                                            
        Sen. Torgerson                                                         
                                                                               
ALSO PRESENT                                                                   
                                                                               
Mike Greany, Director, Legislative Finance Division; Bill Mailer,              
Department of Community & Regional Affairs; Rod Cavalik, KGTS,                 
Fairbanks; John Bitney, Alaska Housing Finance Corporation,                    
Anchorage; Peter Kremer, Division of Energy, Department of Community           
and Regional Affairs; Jeff Jessee, Executive Director, Alaska Mental           
Health Trust Authority; Jane Demmert, Executive Director, Alaska               
Commission on Aging; Jim Nordlund, Director of Public Assistance,              
Department of Health and Social Services; Yvonne Chase, Department             
of Community & Regional Affairs; Randy Welker, Director, Legislative           
Audit Division; Jim Kelley, Director of Communications, Alaska                 
Permanent Fund; Mr.Burnett; Mr. Mailer, Department of Community and            
Regional Affairs.                                                              
                                                                               
REVISED PROGRAM REQUESTS                                                       
                                                                               
RPL 02-8-0010  DOA    $51.025 in federal receipts                              
        for Office of Public                                                   
        Advocacy-Training Project                                              
        Grant.                                                                 
        Approved.                                                              
                                                                               
Mr. Greany recommended approval of the request for Federal Funds to            
train volunteer Guardian ad lidems.  The use of volunteers to carry            
out some of the Office functions could reduce pressure from the                
budget.                                                                        
                                                                               
Sen. Adams MOVED to approve RPL 02-8-0010; there being NO OBJECTION,           
the MOTION was APPROVED.                                                       
                                                                               
RPL 21-8-0046  DCRA    $11,100 in Federal Receipts                             
        for Child Care-Block Grant                                             
        Approved.                                                              
                                                                               
RPL 21-8-0047  DCRA    $185,600 in Federal Receipts                            
  for Day Care Assistance --                                                   
  Block Grant                                                                  
  Approved.                                                                    
                                                                               
MIKE GREANY, DIRECTOR, LEGISLATIVE FINANCE DIVISION, asked to                  
discuss both grants, as they were block grants for child assistance.           
He recommended approval.                                                       
                                                                               
Sen. Donley requested clarification of a block grant.                          
                                                                               
Mr. Greany stated that his understanding was that separate childcare           
grants had been placed under the umbrella of a larger grant. In the            
future, the money will go to the Department of Health and Social               
Services and the money would be sent back to the Department of                 
Community & Regional Affairs.                                                  
                                                                               
Sen. Donley said that he was not used to the term "block grant"                
being applied to Federal Funds.                                                
                                                                               
MR. MAILER, DEPARTMENT OF COMMUNITY & REGIONAL AFFAIRS, stated that            
block grant funds used to come to that Department until last year              
when Child Care and Development Funds were established by Congress             
as part of the Federal Welfare Reform Package. These block grant               
funds are no longer made available to the State, this being the last           
of those particular funds that are available.                                  
                                                                               
Sen. Donley asked if in the future those monies would he designated            
as a lump sum from the federal government to the Department of                 
Health & Social Services.                                                      
                                                                               
Mr. Mailer responded that in future years the money would he                   
designated as the Child Care Development Fund which would go to the            
Department of Health & Social Services. The money is intended                  
primarily for childcare assistance to people on Public Assistance              
and for those people at risk for needing Public Assistance.                    
                                                                               
Sen. Donley asked if future allocations would be made through the              
State and would not be earmarked with one grant for ChildCare and              
one grant for Day Care.                                                        
Mr. Mailer stated that in the future, a portion of the ChildCare               
monies would come to the Department of Community & Regional Affairs            
to cover some administrative purposes and child care assistance for            
families with children.                                                        
                                                                               
Sen. Donley clarified that in the future, the money would not be               
designated from the federal government.  Mr. Mailer replied that the           
State would determine how much of the money would go to the                    
Department of Community & Regional Affairs.  Sen. Donley asked who             
would determine the amount of funding allocated to the separate                
components.                                                                    
                                                                               
Mr. Mailer stated that the Day Care Assistance component is for                
direct services to families and children. The mount in the Child               
Care Assistance is to be used in improved quality, grants to                   
different agencies as well as administration of the program.  Sen.             
Donley questioned who sets the dollar amounts for each grant.                  
                                                                               
Mr. Mailer said that the dollar amounts in the original allocations            
had been established through federal regulations.                              
                                                                               
Sen. Donley clarified that next year it would not be in effect and             
that a general grant would be given within the State to determine              
how much would be given.  Mr. Mailer affirmed that information.                
                                                                               
Sen. Donley asked if next year the Governor would have some kind of            
allocation for the two parts of the grant?                                     
                                                                               
Mr. Mailer confirmed that an allocation would determine how much               
would be given to Day Care Assistance or to the Families and                   
Children Program.  The new ChildCare & Development monies would he             
allocated to the ChildCare component to improve childcare quality in           
the State and a portion for administrative expenses.                           
                                                                               
Sen. Donley MOVED approval for both RPL's.                                     
                                                                               
Rep. Therriault asked if this money would he in addition to the                
funding currently in the budget for Day Care.  He also inquired if             
it would ultimately increase the total amount spent on Day Care.               
                                                                               
Sen. Donley MOVED for APPROVAL of both RPL 21-8-0046 and RPL 21-8-             
0047; NO OBJECTION raised, the MOTION was APPROVED.                            
                                                                               
 RPL 07-8-40 13 Labor    $131,700 in Statutory                                 
      Designated Receipts for                                                  
        Employment Security -                                                  
        Employment Program contracts                                           
        Approved.                                                              
                                                                               
Mr. Greany stated that $121,700 of the funds are from the City of              
Sitka and that $10,000 of the funds were from a postal village                 
cooperative.  He recommended approval of the RPL.                              
                                                                               
Rep. Therriault requested clarification that the City of Sitka had             
applied for and received funds from the federal government, and then           
subcontracting to the Department of Labor to do the work.                      
                                                                               
Mr. Greany confirmed that.  As a result of the Tongass Forest issue            
of timber supply and mill closure, the federal government saved                
several southeastern communities Federal Funds Appropriations/Grants           
to mitigate the impacts of the actions.                                        
                                                                               
Rep. Therriault stated that the program was expected to run two and            
a half years from April 1997 to FY99. He asked if the money not                
expended in the current fiscal year would anticipate to continue to            
address the need for the remainder of the program.                             
                                                                               
Mr. Greany stated that the City of Sitka anticipates coming back for           
authority through the regular budget process.                                  
                                                                               
Rep. Therriault asked if in FY99, there would designated program               
receipts.                                                                      
                                                                               
Mr. Greany replied that if the funds were the same and the same                
agreement was in effect, then there would be designated programs               
receipts required.                                                             
                                                                               
?? MOVED for APPROVAL of RPL 07-8--4013; NO OBJECTION raised, the              
MOTION was APPROVED.                                                           
                                                                               
RPL 09-8-0033  DMVA    $12,000 in Federal Receipts                             
        for Emergency Services -                                               
        Arson Prevention Grant                                                 
        Approved.                                                              
                                                                               
Mr. Greany recommended approval of the $12,000 grant from FEMA.                
                                                                               
Sen. Adams MOVED for APPROVAL of RPL 09-8-0033; NO OBJECTIONS                  
raised, the MOTION was APPROVED.                                               
                                                                               
RPL 10-8-4013  DNR    $20,000 in Statutory                                     
     Designated Receipts for Land                                              
     Development- Muni Land                                                    
     Entitlements                                                              
     Approved.                                                                 
                                                                               
Mr. Greany recommended approval of the RPL as appropriate use of the           
Statutory Designated funds source.                                             
                                                                               
?? MOVED for APPROVAL of RPL 10-8-4013; NO OBJECTIONS raised, the              
MOTION was APPROVED.                                                           
                                                                               
RPL 10-8-4014  DNR    $57,000 in Federal Receipts                              
        for Info Resources Mgmt -                                              
        Mapping Projects                                                       
        Approved.                                                              
                                                                               
Mr. Greany recommended approval of the RPL.                                    
                                                                               
?? MOVED for APPROVAL 10-8-4014; NO OBJECTIONS raised, the MOTION              
was APPROVED.                                                                  
                                                                               
RPL 10-8-4015  DNR    $343,700 in Federal Receipts                             
        for Info Resources                                                     
Management                                                                     
        Mapping Projects                                                       
        Approved.                                                              
                                                                               
Mr. Greany recommended approval of the RPL.                                    
                                                                               
Sen. Donley asked if the RPL would have effect on State                        
expenditures, requiring more mandated money.                                   
                                                                               
Mr. Greany stated that there would be no impact on the General Fund.           
They will be stand-alone funds and if there are matching funds                 
required, they would be met from the existing budget. The State                
would not be obligated to use general funds beyond the terms of the            
grants.                                                                        
                                                                               
Rep. Bunde requested clarification regarding how funds would be                
spent.                                                                         
                                                                               
MR. CAVALIK, KGTS, FAIRBANKS, stated that four different projects              
would be funded with the RPL. The largest project is for the State's           
participation in the Alaska Volcano Observatory. Two projects are              
for the evaluation of natural hazards and their impact on human and            
economic activities in the State Map Program.  The other two are               
resource assessment projects.  One of which is the State Map Program           
that was mentioned earlier. He confirmed that the State has been               
receiving grants from the U.S. Geological Survey for the last seven            
years for this program. The projects conducted under the program are           
determined by priorities established by the Alaska Geologic Mapping            
Advisory Board in conjunction with the mineral industry to identify            
areas that need better mapping for the assessment of mineral                   
resources. There was an authorization in FY97 for a portion of the             
program; the rest became part of the request for FY98.  The reason             
for the request is in anticipation of the grant that the State will            
probably receive for fieldwork to begin next June, FY98.  The                  
Mapping and Advisory Boards have not indicated their priorities for            
mapping at this time, and the proposal has not been written.  The              
agency anticipates that the project will cost approximately $70,000            
dollars in federal receipts from the government for work that would            
take place in June 1998.                                                       
                                                                               
Rep. Bunde suggested that providing "advance warning of volcanic               
eruptions" was not possible.                                                   
                                                                               
Mr. Cavalik replied that AVO has been successful in giving advance             
warnings for several of the last eruptions. Most notable of these              
predictions was Mt. Redoubt eruption in 1989 and Mt. Spur in 1992.             
AVO anticipated the eruptions to the extent that air traffic over              
Alaska was forewarned to avoid those areas.                                    
                                                                               
Rep. Bunde asked confirmation that AVO could predict volcanic                  
eruptions.                                                                     
                                                                               
Mr. Cavalik replied that AVO could not predict the exact time and              
magnitude of the eruptions, but there are a number of indicators               
that tell if an eruption is imminent and could provide warnings from           
hours to days prior to an impending eruption.  This could be enough            
time to be able to warn those concerned of the upcoming eruption.              
                                                                               
Rep. Bunde clarified that "predict" at this time means that once               
seismic activity begins warnings are sent out, however, AVO is not             
able to predict a volcanic eruption.                                           
                                                                               
Mr. Cavalik confirmed that AVO still couldn't predict the exact time           
and magnitude of a volcanic eruption. Seismic indicators are the               
predictors currently used. The main reason for the grant from the              
Federal Aviation Administration was to expand the seismic monitoring           
and geologic mapping efforts in the Aleutian Chain. The seismic                
monitoring extends down to Dutch Harbor, which monitors all the                
active volcanoes along the Alaska Peninsula.                                   
                                                                               
Rep. Bunde questioned if a monitor had been available during the               
last eruption on the Alaska chain.                                             
                                                                               
Mr. Cavalik replied that the last large eruption on the Alaska Chain           
was Pavlov Volcano. At that time, an array of seismic instruments              
was not on the volcano. He thought that the volcano is either                  
instrumented now or that is in the plan for the upcoming year. The             
other volcano with a lot of seismic activity, but no major eruption            
was at Akutan.                                                                 
                                                                               
Rep. Bunde asked for clarification on how the $25,000 for the                  
National Earthquake Hazards Reduction Program would reduce the risk.           
                                                                               
Mr. Cavalik explained that $25,000 was approximately half of a grant           
that the agency received notification in August, which will be for             
calendar year 1998 and will begin in January.  It anticipated that             
about half of the grant will be spent in FY98.  The project is                 
currently located in the Anchorage area in order to collect geologic           
data around Anchorage proper for the estimation of earthquake                  
efforts in Anchorage, and has nothing to do with earthquake                    
prediction. However, proper analysis of geological data allows                 
evaluation of where the effects of major earthquakes are likely to             
be, which is the purpose of this project.                                      
                                                                               
Rep. Bunde asked who would receive the information collected from              
the project.                                                                   
                                                                               
Mr. Cavalik responded that the information will be distributed to              
the public.  The end result will be better earthquake hazard maps              
and in Anchorage for planning emergency responses.                             
                                                                               
Rep. Therriault asked if the airborne geophysical project was part             
of the mapping project.                                                        
                                                                               
Mr. Cavalik confirmed that the airborne geophysical project was                
separate and would be funded through Capital Improvement Projects              
(CIP). However, he stated that sometimes, the State map funding                
provides the ability to do the accompanying ground mapping.  The two           
provide strong tools for the assessment of mineral potential.                  
                                                                               
Rep. Therriault asked if the two types of data were linked for each            
area.                                                                          
                                                                               
Mr. Cavalik confirmed that, however, it depended upon the extent of            
the mapping done previously.  The Advisory Board will take this into           
account when determining priorities on where the mapping should take           
place.                                                                         
                                                                               
?? MOVED for APPROVAL of RPL 10-8-4015; NO OBJECTION were raised,              
the RPL was APPROVED.                                                          
                                                                               
RPL 04-8-0008  DOR    $300,000 in Federal Receipts                             
        for AHFC-Federal Energy Pro.                                           
        Approved.                                                              
                                                                               
Mr. Greany recommended approval of the proposed RPL.                           
                                                                               
Sen. Torgerson stated that the preamble sounded like a data entry              
position with changes in codes being entered.  He pointed out that             
$27,000 dollars in travel had been delineated and requested                    
clarification of how that amount of funding would be spent.                    
                                                                               
MR. BITNEY, ALASKA HOUSING FINANCE CORPORATION (AHFC), ANCHORAGE,              
stated that part of the code would be for the building energy                  
efficiency standards which are currently under review. It is a                 
public concern issue and, therefore, a public hearing process will             
be held before the codes are adopted.  Some will require staff and             
travel time to be able to go to some of the communities to meet with           
home building organizations and other concerned parties.                       
                                                                               
Sen. Donley asked if there would be a 20% State match for this fund.           
Mr. Bitney confirmed that that was correct.                                    
                                                                               
Sen. Donley asked if it would be provided from the existing budget.            
                                                                               
Mr. Bitney responded that corporate receipts already pay for a large           
portion of the budget.  Existing effort and resources put into it              
qualify for the match for the grants.                                          
                                                                               
Sen. Donley asked if anything different would have to be done in               
order to qualify for the 20% match requirement.                                
                                                                               
Mr. Bitney stated that as part of the application for the grants,              
the level of the ongoing effort would demonstrate through agency               
corporate receipts for the agency costs.  This would be accepted as            
part of the annual effort done.  Therefore, the agency would be                
using what it has already been done to qualify for the acceptance.             
                                                                               
Sen. Donley suggested that language delineate that the agency's                
existing expenditures qualify as a match sufficient for the Federal            
government.  Otherwise, the explanation is misleading since it                 
implies that something will be taken from the existing budget to               
qualify for the match instead of only continuing the status quo.               
                                                                               
Chrm Phillips stated that the wording of the RPL could always be               
amended to reflect the change.                                                 
                                                                               
Mr. Greany believed that Sen. Donley was referring to the staff                
analysis, which he took responsibility for wording.  The intention             
was to augment what the agency was already doing with the additional           
Federal funds. Analysis will be changed to more accurately reflect             
how the match to the Federal funds will be met.  He noted that if              
additional legislatively approved activity would have been required,           
the staff analysis would have very clearly stated that action.                 
                                                                               
Sen. Donley noted that given the clarification, he would approve the           
RPL.                                                                           
                                                                               
Chrm. Phillips asked if the monies would be used for data gathering.           
                                                                               
Mr. Bitney commented that data gathering would be one of the                   
purposes.                                                                      
                                                                               
Chrm. Phillips asked if new poles would need to be built.                      
                                                                               
MR. KREMER, DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS (DCRA),               
confirmed that an estimate of the costs of installing the wind                 
monitoring equipment found that four monitoring stations could be              
put up.  If there were other equipment available locally, it would             
be used instead and that each village would be considered on a case            
by case basis.                                                                 
                                                                               
Chrm. Phillips stated that there must be some ham-operators in the             
villages. He suggested that he had some practical experience and               
felt that it would be a huge expense to install the towers.                    
                                                                               
?? asked if the federal grant was specifically designated for rural            
communities.                                                                   
                                                                               
Mr. Kremer replied that the grants were part of the State's annual             
State Energy Program, an annual ongoing program applied for each               
year.  A large part of the funding is part of the ongoing efforts in           
rural Alaska to monitor energy uses.  DCRA' s portion is part of the           
Rebuild America Program (RAP). The energy auditing function is on              
schools, commercial building, State office and public buildings,               
etc.  He did not think it was designated particularly to rural                 
Alaska.                                                                        
                                                                               
?? asked if there are other funds in the program that goes to urban            
areas.                                                                         
                                                                               
Mr. Kremer commented that this is a statewide program, not confined            
to rural Alaska.                                                               
                                                                               
?? stressed that the $300,000 dollars is being earmarked by the                
Administration for rural purposes.                                             
                                                                               
Mr. Kremer responded that the $300,000 dollars is placed under the             
Rural Housing component, however, it is a statewide effort. For                
example, the Building Energy Efficiency Standard is a statewide                
standard with the effort focused more on the urban areas.                      
                                                                               
Sen. Adams asked for a breakdown of employee housing.                          
                                                                               
Mr. Kremer replied that employees are housed entirely in Anchorage.            
                                                                               
Sen. Adams asked why the employees are not housed in the village               
areas also so to provide equity in hiring outside Anchorage.                   
                                                                               
Chrm. Phillips reminded the agency that he hoped that they would               
seek to utilize the existing structures available around the                   
villages before building new tower structures.                                 
                                                                               
?? asked why the State Energy Program(inaudible due to coughing)               
needed to be updated.                                                          
                                                                               
Mr. Kremer stated that current standards are five years old.  It               
contains a provision stating that after five years, a review and               
update would be done.  The standard is a statutory requirement of              
the House Finance Committee (HFC) as part of minimum standards for             
making mortgage loans.                                                         
                                                                               
77 asked for additional analysis on the case since it will be spent            
from contractual services.                                                     
                                                                               
Mr. Kremer responded that most of the functions that will be paid              
for this are contractual functions outside of the corporation,                 
although, RSA's to DCRA or contracts for software upgrades for                 
ACTMORE Energy Rating Program. Apparently, last fiscal year, the               
Department of Energy was late receiving its annual federal dollars.            
Additionally, the Division of Energy (DOE) partnered up with DCRA,             
resulting in more money, although, was required to spend additional            
funds. With DOE late in getting congressional authorization,                   
additional dollars from the prior year were unspent.  Currently                
requested is authority in this fiscal year to pick up the activities           
and use the federal dollars.                                                   
                                                                               
Sen. Donley did not believe that this was the best use of the                  
federal dollars.                                                               
                                                                               
Sen. Pearce voiced that she was on line.                                       
                                                                               
Rep. Adams MOVED for APPROVAL of RPL 04-8-0008; there was an                   
OBJECTION raised.                                                              
                                                                               
A roll call vote was taken on the MOTION.  The MOTION was APPROVED             
with 6-yeas and 1-nay vote.                                                    
                                                                               
ALASKA MENTAL HEALTH TRUST AUTHORITY REQUESTS                                  
                                                                               
RPL 02-8-0044  DOA    $500,000 in MHTA Receipts                                
        for Senior Services -                                                  
        Palmer Adult Day Care Cntr                                             
        Approved.                                                              
                                                                               
Mr. Greany noted that the next three RPLs are part of a package of             
grants under the Alaska Mental Health Trust (AMHT).  This is                   
essentially the balance of the package before the Committee.  One              
request is for the Department of Corrections (DOC) resubmitted from            
the last meeting addressing the Women's Mental Health Unit at the              
Hiland Correctional Center.  Since the last meeting, the Finance               
Subcommittees have reviewed the request recommending approval.  The            
issue arises in that this fiscal year, 100% of the funding would               
come from the AMTA, but, in the out-years, its involvement would be            
phased out and State general funds would be most likely replacing              
it.  A recommendation for approval came with that caution.                     
                                                                               
Mr. Greany noted that this is a piece of funding for a Palmer Senior           
Citizens Center with a facility cost projection of $3.8 million                
dollars.  The actual construction will depend on all the pieces                
coming together in a financing plan. Mr. Greany did not feel that an           
obligation toward additional State funds would arise. A portion of             
the funding has been covered through the Legislature grants. Some              
participation would be through private means.  Presumably, the                 
financing would cover the cost of the facility.  Obviously, if the             
funding does not cover the cost of the facility, the project would             
be called off until the money was available.                                   
                                                                               
Rep. Therriault requested confirmation that the Senate and House               
Finance Committees had approved this expenditure. (inaudible)                  
                                                                               
MR. JEFF JESSEE, ALASKA MENTAL HEALTH TRUST AUTHORITY, ANCHORAGE,              
clarified that this particular RPL on the Senior Center had not gone           
through either finance committee.  The reason for the participation            
structure is that this project was the recipient of AHFC funds                 
during the last Legislative session. AHFC felt strongly that it                
needed to go through the competitive process to prove that the                 
project would make it through the tests that AHFC would it through             
in their competitive bidding process.  He added that he was                    
confident that the AHFC process would determine if it was a viable             
funding project, which could be completed with, funding presented.             
AMHT income component would be a factor in AHFC' s evaluation.                 
                                                                               
Rep. Therriault (inaudible)                                                    
                                                                               
Mr. Jessee apologized that he had misspoken and that the project               
would be for an adult day care center.                                         
                                                                               
Rep. Therriault asked what components would make up the $3.8 million           
dollars.                                                                       
                                                                               
MS. DEMMERT, ALASKA COMMISSION ON AGING, responded that the funding            
works off of the designated grant awarded to the Division.  The                
foundation piece was $675,000 dollars. The second piece is an                  
additional $625,000 dollars in work to date, through the Housing &             
Urban Development (HUD) Program.  Another element is $1,840,000 in             
deeds of trust which depend on the final determination of the grant            
awarded.  An additional amount of $1.5 million dollars is through a            
tax credit program that AHFC operates.                                         
                                                                               
?? asked if this would be the first facility of its type in the                
State.                                                                         
                                                                               
Ms. Demmert confirmed it would be, adding, this is the type of                 
project supported by the Commission on Aging because it works with             
an array of funding sources, not using solely State funds, and will            
result in independent senior housing.  As an arm of that utility, an           
Adult Day Center will be derived that will support the people in               
senior housing as well as those seniors in the Palmer area.                    
                                                                               
Sen. Donley asked how many housing units would be involved.                    
                                                                               
Ms. Demmert stated that 24 apartments would be built.                          
                                                                               
Rep. Bunde voiced concern that support of this funding should not be           
construed to obligate the Legislature to continue funding for the              
center in 1997.                                                                
                                                                               
Ms. Demmert explained that the program would be operated through the           
Palmer Senior Services.  In other senior housing programs around the           
State, there are application processes that are open.                          
                                                                               
?? MOVED for APPROVAL 02-8-0044; NO OBJECTION raised, the MOTION was           
APPROVED.                                                                      
                                                                               
RPL 20-8-0011  DOC    $314,000 in MHTAA Receipts                               
        for Combined Hiland Mtn.                                               
        CC-Women's Mental Health                                               
        Unit                                                                   
        Approved.                                                              
                                                                               
Mr. Greany recommended approval with caution.  He suggested that if            
the Committee approved this RPL, that it be with the understanding             
that that issue must be reviewed by the next entire Legislature and            
that the LBA Committee was not committing the Legislature in this              
regard.                                                                        
                                                                               
?? MOVED for APPROVAL 20-8-0011; NO OBJECTION0N raised, the MOTION             
was APPROVED.                                                                  
                                                                               
WELFARE REFORM PROGRESS REPORT                                                 
                                                                               
MR. NORDIUND, DIRECTOR OF PUBLIC ASSISTANCE, DEPARTMENT OF HEALTH              
AND SOCIAL SERVICES, spoke about the caseload and the two-parent               
benefit cuts. He noted that Ms. Chase would speak to federal grants            
available to the State as well as problems that are occurring with             
childcare funding.                                                             
                                                                               
Mr. Nordlund directed attention to the handout, which talks about              
the caseload.  After three months of data, if the caseload reduction           
is used as a measure of welfare reform success, there are early                
signs of success.  Page #3 in the handout, a line chart indicates              
what is happening with the caseload. For consistency and to anchor             
comparison between month or years, FY94 through FY96 average                   
caseload per month will be used. Particularly in Alaska, there are             
seasonal fluctuations given the nature of the economy.  The dotted             
line indicates what was happening in FY97.  For the first 7 or 8               
months of FY97, the caseload was actually above the average for the            
previous four years. Beginning in February, the line crossed and               
went below the average.  This year, the caseload continues to go               
down.  The caseload is about 11% below where it was a year ago.  The           
trend is downward, and is expected to go up again due to the                   
seasonal nature.                                                               
                                                                               
The next page shows the actual numbers for four programs.  The first           
decline is seen in the ATAP Program, which is the AFDC replacement             
program.  The Adult Public Assistance (APA) caseload continues to              
rise at steady rate, which shows that the caseload goes down, the              
food stamp program goes down, but Medicaid continues to grow.                  
Focusing on welfare reform, shows the most change is seen due to               
effects of the new law and implementation that agencies have been              
doing.  While the caseload is 11% down, the actual amount of money             
that is being appropriated for benefits is down 19% from that of               
last year. The largest contribution to that decrease is the benefit            
cuts made to two parent families in the summer.  That guarantees               
that the 19% decrease will remain when full benefits are reinstated            
in October 1997. Another reason the payment of benefits is lower               
than the caseload reduction is because a number of people are now              
working while still on benefits. This replaces some of the welfare             
benefits with wages, but does not remove them from the caseload. The           
agency is seeing fewer people applying for welfare, more people are            
going to work.                                                                 
                                                                               
The next page illustrates the application volume compared to last              
year. The type of work activities provide information regarding                
childcare are shown.                                                           
                                                                               
Mr. Nordlund continued, updating on the two-parent benefit cuts and            
on what happened in Bristol Bay and the Y-K Delta area with the                
fishing disaster. Under law, the DHSS Commissioner is allowed to               
waive the two-parent benefit reduction if families are not able to             
find work due to economic downturn. Because of the Governor' s                 
disaster declaration, the Commissioner did initiate the waiver                 
process. As a result of that, 108 families had their seasonal                  
reduction restored to full benefits. Those benefits cost                       
approximately $120,000 dollars for the three months, which should              
not cause a budget problem due to the dramatic reduction in payments           
that have been made.                                                           
                                                                               
Sen. Pearce noted that while the Governor did declare a State                  
disaster for the Bristol Bay area and the Y-K Delta, he never went             
forward with a request for federal aid through the Federal Disaster            
Relief Program.  She asked why.                                                
                                                                               
Mr. Nordlund replied that the Governor did answer an inquiry from              
Commissioner Irwin, which was a request to the Federal government to           
receive some emergency assistance.  The DCRA Commissioner did                  
presumably make that request to the Federal government.                        
                                                                               
Sen. Pearce understood that the President was never.  She stated               
that there may have been a request for aid, but did not believe that           
the next step had been taken for a full declaration of emergency               
disaster.  She stated that she would check with the Governor on that           
point.                                                                         
                                                                               
Sen. Torgerson wondered whether the targets may need to be adjusted            
since some areas were declared disaster areas this summer.                     
                                                                               
Mr. Nordlund affirmed that the target would remain unchanged.                  
Although individuals had limited opportunity to find work, there is            
no provision in the law that relieves us from having to still the              
targeted work participation rates. Particularly in rural Alaska, if            
individuals cannot find wage paying employment, the agency still               
tries to find work situations that will provide the skills that will           
help them find a job and provide value to the community.  There are            
problems in finding jobs all over rural Alaska in spite of what                
happened in Bristol Bay and the Y -K Delta area.                               
                                                                               
?? assumed that the urban areas will be required to reach higher               
targets if the rural areas fall behind.                                        
                                                                               
Mr. Nordlund reiterated that there was no plan to make any target              
adjustments this year.                                                         
                                                                               
?? responded that last year there was a move to make an amendment              
that would exempt the areas with 50% unemployment or greater. He               
asked if the amendment was made into law.                                      
                                                                               
Mr. Nordlund acknowledged that the original law said that only those           
villages with populations over a 1,000 and had unemployment over 50%           
qualified for the exemption from the five-year limit. The                      
modification under the amendment passed in the balanced budget bill            
did remove the 1,000 threshold so that the law reads that any                  
Alaskan Native village with over 50% of the adult population                   
unemployed is exempt from the five-year limit.                                 
                                                                               
?? asked if that amendment changed the targets.                                
                                                                               
Mr. Nordlund said no, noting that it pertains to the five-year limit           
not the work requirements or the two-year limit, which would limit             
anyone on assistance in Alaska that they must be involved in work              
activity within two years.                                                     
                                                                               
Sen. Adams addressed the work activity targets for FY98. He asked if           
the State would be penalized with loss of Federal funds due to                 
noncompliance with the work targets.                                           
                                                                               
Mr. Nordlund responded that since Alaska was one of the last States            
to implement a welfare reform plan, it does not come under the                 
provisions of Federal law until January, next year.  The first                 
report to the Federal government will be in April or May.                      
Essentially, the 25% all family rate does not apply to Alaska for              
FY97, but the 30% for FY98 will apply.  By the middle of next month,           
the data will available on the work participation rate. The                    
information indicates that Alaska will do well and make the 30%                
family rate.  The threshold for two-parent families is 75% with an             
uncertain outcome.                                                             
                                                                               
Sen. Torgerson asked what the penalty would be if the target was not           
met.                                                                           
                                                                               
Mr. Nordlund replied that the penalty in a single year would be 5%             
of the Federal block grant, with a maximum over the period of 5                
years for 21%. Five percent of the block grant amount would amount             
to about $3.5 million dollars.                                                 
                                                                               
Sen. Torgerson stated that he was confused about the 50% exemption             
and the five-year, two-year situation. He asked to have that                   
addressed at another meeting.  He did not see any benefit to meeting           
the 50% goal.  The other request was for a breakdown of unemployment           
rates further than census blocks, particularly community by                    
community. He lost sight of the Department of Labor' s involvement.            
                                                                               
Mr. Nordlund responded that the official unemployment rate does not            
measure the level of unemployment in rural Alaska.  The Department             
of Labor is currently attempting to derive a means of measuring                
unemployment in rural Alaska that simultaneously remains cost                  
effective.                                                                     
                                                                               
Sen. Torgerson asked if the Department of Labor had established a              
baseline.                                                                      
                                                                               
Mr. Nordlund stated that the baseline used is from the 1997 census             
data, however, he was not fully informed.                                      
                                                                               
Sen. Halford asked the progress on child care Pass I and Pass II and           
where the supplemental will end up. He asked what is happening with            
the spending rate in regard to supplementals.                                  
                                                                               
MS. CHASE, DEPARTMENT OF COMMUNITY & REGIONAL AFFAIRS, responded               
that the responsibility for the childcare program was shared with              
the Department of Community & Regional Affairs (DCRA) and the                  
Department of Health & Social Services (DHSS).  She pointed out Page           
As part of the Welfare Reform effort, DHSS created the Pass Program,           
which stands for Parents Achieving Self-Sufficiency.                           
                                                                               
Ms. Chase delineated the three levels within the Pass program. The             
first level, Pass I, is for individuals who are currently receiving            
public assistance, but who are engaged in a non-paid work activity             
of some type.  This is to meet the needs of the 4,000 ATAP families            
with open cases. She anticipates full expending of the $7.8 million            
that was allocated for Pass I.                                                 
                                                                               
The Pass II program is for transitional childcare, for individuals             
moving into a work setting and off from welfare, but still need some           
assistance in the transition process.  People are moving from Pass I           
to Pass II, utilizing the $2 million dollars budgeted for Pass II.             
                                                                               
She pointed out that if people are to effectively transition into              
the work force, childcare will continue to be necessary.  Therefore,           
the expenditures for Pass II are already exceeding the amount                  
budgeted for the year.  Of the $7.8 million budgeted for Pass I,               
DHSS is moving funding from the Pass I to the Pass II program with a           
RSA for $650,000 to DCRA.                                                      
                                                                               
Sen. Halford asked confirmation that Pass I would use all of the               
funding budgeted for that program.                                             
                                                                               
Ms. Chase confirmed that was correct.                                          
                                                                               
Sen. Halford clarified that money that was needed by Pass I was                
being moved to Pus II.                                                         
                                                                               
Ms. Chase stated that was correct, noting that the transfer had to             
do with the timing.  The full mount of $7.8 million would be needed            
in Pass I, however, the spending in Pass II was occurring at a                 
faster rate with individuals moving into transition sooner.  As a              
result, the Pass II program will be approximately $875,000 short.              
At this point, DHSS is attempting to move funds from Pass I to Pass            
II to ensure that all individuals moving into a work setting has               
child care available. LBA can anticipate a supplemental request for            
the $875,000 to replace funds taken from the Pass I program.                   
                                                                               
Sen. Halford pointed out that the $875,000 would not be used for               
Pass I.  Ms. Chase stated that was correct.                                    
                                                                               
Sen. Halford asked about the situation regarding Pass II.                      
                                                                               
Ms. Chase outlined that Pass II is for individuals at risk of going            
on to ATAP.                                                                    
                                                                               
Sen. Halford clarified that the three parts consisted of ATAP, the             
transitioning off and the leaning on ATAP.                                     
                                                                               
Ms. Chase confirmed that Pass II consisted of low-income individuals           
who remained eligible for the most part for a full subsidy.  About             
70% of the individuals in the DCAP program have 97% subsidies. The             
DCAP program and Pass III reach out to the same populations in that            
both are at risk.  The difference with the funding is that the DCAP            
are general funds and Pass II is a combination of State and federal            
funds that can be utilized as payment to legally exempt providers.             
DCAP funding is for licensed providers only.  This provides some               
flexibility for the same population to pay a child care subsidy if a           
child is in a licensed facility or a legally exempt facility. The              
authorization for Pass II was approximately $2.8 million dollars.              
                                                                               
For the month of August, expenditures were $176,000 and for the                
months of both July and August, the expenditures were $372,000. The            
rate of expenditure for the Pass II program may cause it to exceed             
its current funding.  The DCAP program began the year with a waiting           
list that remains relatively.  The waiting list in July consisted of           
547 children and 330 families.  The cost of serving the families on            
the waiting list would be an additional $1.4 million.  The agency              
does not anticipate serving everyone on the waiting list, however,             
to meet Public Assistance targets, low income working parents who              
need assistance to remain off the ATAP program will need help with             
child care.                                                                    
                                                                               
Sen. Halford asked if the first priority would be transition off the           
ATAP program. He pointed out that the shortage in the programs will            
be for the people currently on welfare, not the people who have                
proven that they can get off of welfare if childcare is provided. He           
expected that the losers will be those people who are already on               
welfare.                                                                       
                                                                               
Ms. Chase stated that in order for an individual to move into work             
activity, the Pass I funding is quite critical.  This gives the                
individuals the opportunity to make the first move.  Funding from              
Pass I to Pass II is a timing issue.                                           
                                                                               
Sen. Halford pointed out that Pass II individuals have proven that             
they can make the transition.  Pass I people on the other hand may             
never get off of the program while the subsidy is there.                       
                                                                               
Mr. Nordlund clarified that in Pass I, a family does not receive               
childcare unless the family is involved in a work activity.                    
                                                                               
Sen. Halford asked for the definition of "work" activity.                      
                                                                               
Mr. Nordlund clarified that a work activity for an individual living           
in rural setting could be community service.  Another example, a 19            
year-old woman has two children and has never had a chance to really           
gain work skills, may get into a job sampling placement where she              
could build a resume, make contacts and learn what a work setting is           
like.  While the individual is not making wages, she is learning               
what it is like to work on a job. Pass funding is also available for           
individuals who are working for a wage, but are still on welfare.              
All of these examples, fit into the definition of a work activity              
and are all eligible for the Pass funding.  Both the transitional              
and Pass I sectors are important, but it is a matter of timing that            
the Pass II funding has run short first, which creates a situation             
where families must return to welfare in order to qualify for Pass I           
funding for child care.  Pass I has made a loan of $650,000 to Pass            
II.                                                                            
                                                                               
Sen. Halford pointed out that Pass II would be most vital area to              
fund.                                                                          
                                                                               
Mr. Nordlund confirmed that the tendency will remain to invest the             
money in a person who is working and likely to stay working unless             
personal circumstances intervene.                                              
                                                                               
Sen. Halford asked about the goal to beef up child support                     
enforcement. Since last year's legislation was found to be                     
constitutionally questionable, he asked what can be done to get more           
money without punishment before trial.  He asked what "increased               
child support enforcement" meant.                                              
                                                                               
Sen. Halford clarified that it was not just license revocation, but            
that small businesses tended to avoid hiring people with child                 
support issues.  That is not legal, but when the small business is             
threatened with liability, they will respond accordingly.                      
                                                                               
Mr. Nordlund noted that he is not qualified to provide support for             
the child support enforcement laws and what the various alternatives           
are. He asked the Committee if childcare and Federal Welfare work              
funds could be addressed in the next session.  He would request that           
Barbara Nichols, the new Child Support Enforcement Director, be                
present to answer questions.                                                   
                                                                               
Sen. Halford agreed.                                                           
                                                                               
Rep. Therriault suggested that the Department of Revenue (DOR) be              
asked about the court case regarding the unconstitutionality] of               
license revocation.  He asked about the role Native Associations               
play in providing childcare.                                                   
                                                                               
Mr. Nordlund stated that funds are no longer passed through to                 
Native organizations for child cares since they receive their own              
separate source of funding.  There currently is a grant with the               
three largest Native organizations, Cook Inlet Tribal Council,                 
Tanana Chiefs Conference, Tlingkit Haida, and AVCP in Bethel.  Part            
of the grant agreement is a request to spend some of their child               
care dollars to help serve ATAP recipients so they can meet their              
work participation requirements.  A means to assure that the funds             
available to the Native organizations are spent to achieve the                 
outcome of getting people into work activities.                                
                                                                               
Rep. Therriault asked the number of day care needs currently being             
met by these organizations.                                                    
                                                                               
Mr. Nordlund deferred the answer to that question.                             
                                                                               
Rep. Therriault asked if general funds not going to Native                     
organizations would then go back into the State appropriations.                
                                                                               
Mr. Nordlund confirmed that the funds then became part of the                  
funding used to serve all families.                                            
                                                                               
Rep. Therriault requested information why if that money came back              
into the welfare reform system, the child care programs are still              
coming up short of funds.                                                      
                                                                               
Mr. Nordlund stated that the simple answer is that the population              
being served is larger than it was in the past.                                
                                                                               
Ms. Chase introduced another topic for the next meeting regarding              
USGOS funding in the amount of $1.4 million.  The planning                     
guidelines for the submission of the State's plan, which must be               
coordinated with another plan, is in the process of being completed            
by the Federal Department of Labor.                                            
                                                                               
The final guidelines are expected to be available in the next week             
or so.  The plan is due for submission on December 12, 1997.  The              
funds are available to the State for a very narrow population of the           
Welfare to Work individuals. The individuals must have been on                 
Public Assistance for 30 months or more, must have had some                    
educational deficiencies such as no GED or high school diploma, etc.           
These figures will be submitted at the next meeting.                           
                                                                               
?? asked that information on how the SDA's are set.  He asked to be            
informed of the reason that Barrow and Kotzebue are placed in with             
Ketchikan and Kodiak and how the comparison between those areas to             
divide the money.  He asked if there would be any room to create any           
more SDA's.                                                                    
EXECUTIVE SESSION                                                              
                                                                               
Sen. Adams MOVED that the meeting go into Executive Session to                 
discuss Special Audits.                                                        
                                                                               
WAGE AND BENEFIT STUDY, SCHOOL COST STUDY                                      
                                                                               
Mr. Burnett explained that on September 10, 1997 an RFP was issued             
and sent to all vendors on the Alaska Bidders List for this work. A            
national search was also conducted and the RFP was sent to several             
nation-wide consulting firms with a return due date of October 6,              
1997. The RFP was for comparative wage and benefit study for private           
and public sector wages, a school cost study, and a geographical               
differential study for wages.                                                  
                                                                               
There were four proposals received for the comparative wage and                
benefit study. There were two proposals that spoke to all three of             
the components of the study. After the proposals were received, Sen.           
Wilkin and Rep. Hanley appointed a Subcommittee to look at the                 
issue. On Sen. Phillips' behalf, Duane Guilly, the former Director             
of School Finance for the State of Alaska, and Tom Tierney, the                
personnel manager for the Municipality for Anchorage, looked at the            
proposals. Based on the response from these two groups, the proposal           
rating would be the McDowell Group's proposal which speaks to all              
three proposals, and the KPGM, Pete Marwick, proposal as the top               
two.  The differences between the two proposals are such that the              
requests authority from the Committee for the chairman to enter into           
a contract with one of these two based on a last and final proposal            
from both groups for the whole picture and for an a mount not to               
exceed $500,000. The differences are derived from the collection of            
data and reporting. He continued, the people who rated the proposals           
were uncomfortable without some clarification that either one of the           
proposals would achieve the required information.                              
                                                                               
Sen. Pearce asked for the names of the two companies.                          
                                                                               
Mr. Burnett replied that one was KPGM, Pete Marwick and the other              
was the McDowell Group.                                                        
                                                                               
Sen. Adams asked if the review committee had come up with a                    
recommendation on either one of these two companies.                           
                                                                               
Mr. Burnett replied that KPGM was rated higher for comparative wages           
and benefit study by the people reviewing that proposal, whereas,              
the McDowell Group methodology on the school cost study and on the             
geo differential was rated better.                                             
                                                                               
Sen. Pearce asked if Sen. Wilken had made a recommendation since he            
knows what is needed from the study for school portion. She                    
suggested that if Sen. Wilken had a preference that he would honor             
it                                                                             
                                                                               
Mr. Burnett stated that Sen. Wilken was concerned and asked that a             
discussion take place with each party to clarify, which is why the             
request has been made for the authority to enter into agreement with           
one of the groups.                                                             
                                                                               
Rep. Bunde stated that he was concerned about a delay.  If the two             
companies are considered equal, he noted that he would have no                 
hesitation supporting whichever company Sen. Wilken chose.                     
                                                                               
Mr. Burnett stated the nature of the differences is such that a very           
quick resolution could he made.                                                
                                                                               
Rep. Therriault expressed support of the McDowell Group, providing             
that Sen. Wilkin could resolve concerns on the wage benefit portion            
of that study. He was concerned that wages in Alaska not he compared           
to Fortune 500 companies or large corporations.                                
                                                                               
Mr. Burnett replied that both studies would look at small and large            
companies.                                                                     
                                                                               
?? stated that further clarification would take only several hours             
to accomplish. The Committee would authorize one of the companies.             
                                                                               
Mr. Burnett pointed that the subcommittee's direction along with               
Sen. Wilken input would get the issue resolved.                                
                                                                               
Rep. Bunde MOVED that the Chairman of LBA authorize to enter into              
contract with the chosen group in order to go forward with the                 
study.                                                                         
                                                                               
Sen. Donley OBJECTED that only one contract would be given.  He                
noted that each company has its area of expertise.  He asked if                
there was a possibility of dividing the contract out by the                    
different studies.                                                             
                                                                               
Mr. Burnett stated that the way the RFP was written, the contracts             
can be given out by project if the company was willing to define the           
price so it is within the guidelines for each separate section.                
                                                                               
Rep. Bunde confirmed that his MOTION would give the Chairman the               
discretion to break out the contract into separate proposals and               
award them to separate companies if so determined.                             
                                                                               
Chrm. Phillips announced that he would try to check with the members           
individually before making the final decisions.                                
                                                                               
Sen. Donley REMOVED his OBJECTION.                                             
                                                                               
Rep. Bunde restated the MOTION, MOVED that the Chairman be empowered           
to sign the contract depending upon further discussions both groups.           
NO OBJECTION being raised, the MOTION was APPROVED.                            
                                                                               
Sen. Pearce reiterated Rep. Therriault's concern that Pete Marwick             
be considered for the wage and cost study since they were clearly              
considered the strongest on that portion of the RFP.                           
                                                                               
APPOINTMENT OF ACTING LEGISLATIVE AUDITOR                                      
                                                                               
Rep. Martin MOVED that the Committee appoint as Acting Legislative             
Auditor the name recommended by Randy Welker. NO OBJECTION being               
raised, the process was started.                                               
                                                                               
EXECUTIVE SESSION                                                              
                                                                               
Sen. Adams MOVED that the Committee return to Executive Session.               
                                                                               
FINAL AUDITS                                                                   
                                                                               
Rep. Therriault MOVED to release the two Final Audits; NO OBJECTION            
being raised, the MOTION was APPROVED and the two Final Audits were            
released.                                                                      
                                                                               
PRELIMINARY AUDITS                                                             
                                                                               
Rep. Martin MOVED that the Preliminary Audits be given to the                  
respective agencies for response.                                              
                                                                               
Rep. Martin recommended a 30-day time period.  NO OBJECTION to                 
either the amendment or the motion being raised, the MOTION was                
APPROVED.                                                                      
                                                                               
Rep. Martin MOVED for approval of the recommendation of the audit by           
Rep. Therriault, the two audits presented by Rep. Bunde, and the               
conclusion of Rep. Hanley's request.  Rep. Croft's audit request               
will be delayed until the next meeting for refinement of the scope.            
NO OBJECTIONS were raised.                                                     
                                                                               
Mr. Welker presented a request for funding to upgrade several work             
stations and update software. He did not anticipate that it would              
cost more than $15,000 dollars.                                                
                                                                               
Rep. Martin MOVED to approve the $15,000 request; NO OBJECTIONS                
being raised, the MOTION was APPROVED.                                         
                                                                               
ALASKA PERMANENT FUND CORPORTATION: SUPPLEMENTAL LEGISLATION                   
                                                                               
MR. JIM KELLY, DIRECTOR OF COMMUNICATIONS, ALASKA PERMANENT FUND               
CORPORATION, requested that the Committee profile two bills, one               
bill for the Supplemental in the amount of $1.8 million and the                
other is a House version of a Senate bill, which would increase the            
Trustees' flexibility to increase to 60% the amount of the invested            
stocks.                                                                        
                                                                               
Rep. Martin stated that most of the members of the Committee had had           
an opportunity to speak with the board members on this.                        
                                                                               
Mr. Welker pointed out that the proposed action did not require six            
members of the Committee to be present.                                        
                                                                               
Rep. Martin MOVED approval for the temporary supplemental                      
appropriation of $1.845 million be presented to the Legislature.  He           
also MOVED that the second proposal dealing with the flexibility of            
the equities be evaluated by the Finance Committees as well as being           
introduced as legislation.                                                     
                                                                               
Sen. Pearce OBJECTED to the second portion of the proposal dealing             
with increasing the stock holdings to 6O%                                      
                                                                               
Rep. Martin observed that in that case there would be no opportunity           
to consider the possibility.                                                   
                                                                               
Chrm. Phillips clarified that a MOTION was on the floor encompassing           
both bills proposed regarding the Alaska Permanent Fund Corporation.           
He noted that an OBJECTION had been made.                                      
                                                                               
Sen. Pearce asked that the OBJECTION be REMOVED pending a more                 
clearly stated MOTION.                                                         
                                                                               
Rep. Martin MOVED the introduction of a bill for supplemental                  
appropriations; NO OBJECTION raised, the MOTION was APPROVED.                  
                                                                               
Rep. Martin MOVED for the introduction of a bill under LBA to                  
explore the options for more flexibility for the Permanent Fund                
Corporation in investments. Sen. Pearce OBJECTED.                              
                                                                               
A roll call vote was taken with four yeas and one nay, the MOTION              
was APPROVED.                                                                  
                                                                               
OTHER BUSINESS                                                                 
                                                                               
Rep. Martin issued a special thanks to Mr. Welker for the tremendous           
job he had done for the LBA Committee.                                         
                                                                               
Chrm. Phillips noted that a fax had been received from the                     
Governor's Office approving "Payment in Lieu of Taxes" (PILT) money.           
The money had been released today.                                             
                                                                               
Sen. Pearce brought up the previous discussion to remove that                  
portion of the statute.  She thought that the Governor had the right           
to take the action he had. She suggested reinitiating the fight to             
change the statute.                                                            
                                                                               
Mr. Greany pointed out that under the existing law, the Governor had           
followed the law. He suggested looking at other remedies to avoid              
such action in the future.                                                     
                                                                               
Rep. Martin stated that Tam Cook, Legislative Legal attorney, had              
thought that the Governor was outside his legal power and was taking           
away appropriations authority from the Legislature.                            
                                                                               
Mr. Greany pointed out that one condition must be met.  In the front           
section and the general appropriation bill specify that any                    
additional Federal funds beyond those that are specifically                    
appropriated in the Budget Act are appropriated subject to the LBA             
Committee review.  If that Committee approves it, it can happen.               
Under 0801-1, the Governor is given an escape. In other words, if              
the Committee fails to approve an appropriation, then the Governor             
can make a finding and go ahead and release the money, which is the            
mechanism that the Governor used to make that finding and release              
that money.  It does appear that the Governor is following statutory           
mechanism that is available without addressing the merits of whether           
it should be done that way.                                                    
                                                                               
Rep. Martin agreed with Sen. Pearce. He thought that there were                
other departments that were finding ways to circumvent the                     
constitutional authority and responsibility of the Legislature over            
all appropriations. The current one is the Railroad which has                  
received $37 million dollars from the Federal government.                      
                                                                               
Mr. Greany clarified that he is not arguing the Governor's case.  As           
the legislative support, he fully appreciates and defends the                  
Legislature's power of appropriation. The Committee does have a                
remedy here for the future.  They could not appropriate any                    
additional Federal funds in the front section, which would be a                
drastic action, but it would close that door.                                  
                                                                               
Sen. Torgerson asked the status of appropriations for next year                
since this was an ongoing program.                                             
                                                                               
Mr. Greany replied that authority for the State to spend the funds             
is for this fiscal year. In FY99, it would have to be specifically             
placed into the budget or it would have to he given to the LBA                 
Committee for review and approval.                                             
                                                                               
Sen. Pearce requested that Mr. Greany pull up the legal opinions               
that would allow a bill to be introduced that would disallow any               
Governor to flaunt their ability by statute.                                   
                                                                               
Chrm. Phillips pointed out for the record that this is the fourth              
time that this type action has occurred in the last six to eight               
years. It happened twice with Governor Hickel and now twice with               
Governor Knowles.                                                              
                                                                               
Rep. Martin requested that the Division of Finance provide examples            
at the next LBA meeting.                                                       
                                                                               
Mr. Greany pointed out that if the Administration could find some              
other legal authority to bring that money back through the revised             
program process, the veto could be made. It would be a case by case            
dependent upon whether they could find some other authority or                 
appropriation that could be placed on the revised program process.             
                                                                               
Chrm. Phillips directed Mr. Greany to come up with some possible               
alternative scenarios.                                                         
                                                                               
Mr. Greany thought that part of this would relate to the action that           
the Legislative Council had already taken to challenge the                     
Governor's veto of contingent language.                                        
                                                                               
Chrm. Phillips concluded that this could require a Constitutional              
Amendment, which the Governor can not veto, and it would be place              
before the voters for approval.                                                
                                                                               
ADJOURNMENT                                                                    
                                                                               
Chrm. Phillips adjourned the meeting at approximately 1:00 p.m.                
                                                                               
LBA 23 10/08/97                                                                

Document Name Date/Time Subjects