Legislature(1997 - 1998)

10/02/1998 01:30 PM House BUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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            Legislative Budget and Audit                                       
                 Anchorage, Alaska                                             
                  October 2, 1998                                              
                     1:30 p.m.                                                 
                                                                               
                                                                               
Tapes:LBA-980210 Tape 1, Sides 1 and 2                                         
                                                                               
LBA-980210 Tape 2, Sides 1 and 2                                               
                                                                               
LBA-980210 Tape 3, Side 1                                                      
                                                                               
CALL TO ORDER                                                                  
                                                                               
Chairman Phillips convened the meeting of the Legislative                      
Budget and Audit Committee on October 2, 1998, at                              
approximately 1:50 p.m. in the Anchorage Legislative                           
Information Office - Room 220, Anchorage, Alaska.                              
                                                                               
PRESENT                                                                        
                                                                               
The following members were present:                                            
                                                                               
Senators                                Representatives                        
                                                                               
Chairman Phillips                       Representative Martin                  
Senator Donley                          Representative Bunde                   
Senator Halford                         Representative Croft                   
Senator Pearce                          Representative James                   
                                        Representative Therriault              
                                                                               
ALSO PRESENT                                                                   
                                                                               
David Teal, Legislative Fiscal Analyst; Pat Davidson, Legislative              
Auditor; Helen Eckman, DVR; Business Enterprise Program; George                
Buhite, Youth Corrections Administrator; Janet Clarke, DHSS; Greg              
Swank, DNR, SPCO; Brent McGee, OPA; Mike Black, DCRA; Mary                     
Elizabeth Rider, B. J. Sorensen, Bill Herman, Alaska Mental Health             
Trust; Betsy Rolson, DOC; Bob Fisher, Court System; Paul Smith,                
DOE; Patty Ware, DHSS; Kay Burrows, Senior Services; George Smith,             
Library/Archives; Nico Bus, DNR; Kim Judge, DCR; David Liebersbach,            
Diane Alcantra, DMVA, DES; Tom Williams, Senate Finance Committee              
Staff providing support for the Legislative Budget and Audit                   
Committee; Marveen Coggins, Senator Green's office                             
                                                                               
APPROVAL OF PRIOR MEETING MINUTES                                              
                                                                               
Representative Martin MOVED to approve the minutes of August 14,               
1998.                                                                          
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
(Senator Pearce was present at the meeting)                                    
                                                                               
PRELIMINARY REPORTS                                                            
                                                                               
Representative Martin MOVED to go into Executive Session for the               
purposes of discussing preliminary audits.                                     
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
EXECUTIVE SESSION                                                              
                                                                               
Chairman Phillips reconvened the meeting to the public at 2:40 p.m.            
                                                                               
Representative Martin MOVED to release the 1997 Statewide Single               
Audit report immediately to the public.                                        
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
(Senator Donley and Senator Halford were present at the meeting)               
                                                                               
Representative Martin MOVED to release the following seven                     
preliminary audits to the various agencies or departments for                  
21-day response then automatically released within 30-days                     
depending on the findings:                                                     
                                                                               
1. Elective Child Protection Report                                            
                                                                               
2. Management Practice Report                                                  
                                                                               
3. Alaska Railroad Corporation Contract Issue                                  
                                                                               
4. Board of Pharmacy Report                                                    
                                                                               
5. Surety Fund Report                                                          
                                                                               
6. Division of Tourism Contract Issue                                          
                                                                               
7. Division of Agriculture, Matanuska Maid                                     
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to accept the audit request of Senator             
Pearce related to the September 1, 1997, Legislative Audit report              
on the Department of Health and Social Services, Division of                   
Medical Assistance and Mental Health and Developmental                         
Disabilities, Community Mental Health center program, and the audit            
request of Senator Donley as to the implementation of AS 18.56.470             
by the Alaska Housing Finance Corporation.                                     
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Pat Davidson - Within the past year, we have done an audit on the              
special education program statewide, not specifically at the                   
Ketchikan School District. We ask the Committee if they would hold             
approving this request until the next meeting until I have a chance            
to talk with Senator Taylor and go through with him what we have               
already done and our limited ability to actually conduct an audit              
in the Ketchikan School District.                                              
                                                                               
Representative Bunde MOVED to hold the audit request from Senator              
Taylor until the next meeting.                                                 
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
REVISED PROGRAM REQUESTS                                                       
                                                                               
Representative Martin APPROVED the RPL#41-9-0030, Alaska Court                 
System, Using Trail Court Performance Methodology to Address                   
Cultural Diversity in the Courts, $9,854 Federal Receipts.                     
                                                                               
Chairman Phillips - Would you clarify your statement "recommend                
amending appropriation authority from line 19"?                                
                                                                               
David Teal - It is a Federal reference in response to your request             
for more thorough review of the RPL requests. In all of these, we              
have changed the appropriation authority or Statutory authority                
when as we were looking at them we found a few lines off or an                 
appropriation off. So in our analysis of them we made those changes            
to reflect the proper line for their appropriation authority or the            
Statutory authority. The departments received our analysis and DHSS            
did approve changes. We have not heard from other departments. I               
don't think it is a critical issue but we were trying to make                  
things as technically correct as possible. That point will come up             
later on the capital RPL. Line 19 is a general appropriation so you            
could leave it there; line 22 is the admin. support component. Some            
of the others don't have to be changed; some are actually in the               
wrong component and should be changed. We did not hear from the                
Alaska Court System as to whether they agreed with this change.                
                                                                               
(Representative James took leave from the meeting)                             
                                                                               
Bob Fisher, Alaska Court System - In answer to our knowledge of                
this, we were not aware; possibly the number (tape inaudible). We              
support the change.                                                            
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#02-9-0057,                      
RPL#02-9-0058, RPL#02-9-0059, Mental Health Trust Authority Account            
Receipts.                                                                      
                                                                               
David Teal - They were combined into a single RPL and the                      
Department asked they be separated.                                            
                                                                               
Representative Bunde objected and requested they be voted on                   
separately.                                                                    
                                                                               
Representative Martin WITHDREW his motion.                                     
                                                                               
Representative Martin MOVED to approve the RPL#02-9-0057,                      
Administration, Volunteer Long Term Care Ombudsman, $30,000, MHTAA             
Receipts.                                                                      
                                                                               
Representative Therriault - In the first place, this is going to               
obligate us to continue to follow through, although it would be all            
from Mental Health Trust funds initially. The $30,000 which is                 
available is only half of the annual funding. When it shows up in              
the next budget you've obligated the next person coming in with the            
general fund request. That was a large part of the discussion at               
the last meeting.                                                              
                                                                               
Representative Croft - The auditor does say that the approval of               
this request isn't expected to impact future general funds. It does            
on a policy level but not a budget level.                                      
                                                                               
Chairman Phillips hearing objection called for a roll call vote.               
                                                                               
Yea:  Senator Halford, Senator Pearce, Representative Croft,                   
Senator Phillips                                                               
                                                                               
Nay:  Senator Donley, Representative Martin, Representative Bunde,             
Representative Therriault                                                      
                                                                               
Chairman Phillips - The motion FAILED by a 4-4 vote.                           
                                                                               
Representative Martin MOVED to approve the RPL#02-9-0058,                      
Administration, Adult Protective Services/General Relief Data                  
Management, $18,052, MHTAA Receipts.                                           
                                                                               
Chairman Phillips - Mr. Teal, you state that there is no mention of            
the information technology plan in the FY99                                    
Governor's Amended Budget request and I'm asking why?                          
                                                                               
Kay Burrows - Director, Division of Senior Services - The purpose              
of the information technology plan was actually only one project.              
It wasn't a full plan. That's why it wasn't included in the                    
Governor's Amended Budget. This is a project to take one data base             
that the Adult Protective Services group has been using in one                 
software package and simply migrating it to another software                   
package. We didn't complete the project in FY98 and so we have                 
funds left over to finish it in FY99.                                          
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#02-9-0059,                      
Administration, Alaska Choices for Independence (Personal                      
Assistance Services), $97,000 MHTAA Receipts.                                  
                                                                               
Representative Therriault - (tape inaudible, paper shuffling) I                
guess considering the one we turned down I'm wondering why ...(tape            
inaudible)                                                                     
                                                                               
David Teal - Any time a program is funded by Mental Health funds,              
there is no certainly that the Mental Health Trust will continue to            
fund it with Trust funds so right now they're saying you can stop              
this program if we stop the Mental Health funding of it, but I                 
think the Department should probably respond.                                  
                                                                               
Kay Burrows - This is actually not ongoing funding service request.            
There is no additional next year funding that is part of this. This            
is one time amount of money to look at the personal care attendant             
program and develop some manuals to help those beneficiaries who               
use independent personal care attendants who are independent                   
Medicaid providers. It is similar to physicians or other people who            
are providers. The beneficiary actually does the hiring and firing             
of that independent personal care provider and they have a                     
consultant available to them. It does not have to do with ongoing              
service which would be paid for by the state other than the                    
services which are currently part of Medicaid.                                 
                                                                               
Representative Martin - The Mental Health Authority is going                   
further and further in all kinds of grants involving things that               
are not the responsibility of mental health. Now because you have              
excess money and you're going to expend it into new areas I'm                  
concerned at what time your earnings may drop and you suddenly find            
out you don't have that money for your clients and the assistance              
they need. This is another case are you going to spend everything              
you have each year and not save anything.                                      
                                                                               
(Representative Bunde left the meeting)                                        
                                                                               
Nelson Page - Chair, Mental Health Trust Authority - I think we                
need to remember our beneficiaries include people with Alzheimer's             
disease, dementia. That is one of the categories that people are               
most likely to get benefit from this program. It also includes                 
developmental disabilities which is another area where people need             
to have care assistance. We thought this was pretty close to our               
real purpose.                                                                  
                                                                               
                                                                               
Representative Martin - Are you still spending all the money you               
get? I think Mental Health needs to save some money rather than                
spending all their receipts. Nelson Page - It was actually a pretty            
rough Fall for us watching the stock market like everyone else. The            
answer is "no" we are not spending all our receipts. We have a                 
reserve account that is intended to provide a buffer. Every year we            
spend a fixed percentage of the asset value of the Trust and that              
percentage is set based on our experts understanding of what we can            
spend without running into the problem you described. So we don't              
have a situation where we've overspent.                                        
                                                                               
Representative Croft - So in effect, you inflation proof yourself?             
                                                                               
Nelson Page - I'm not sure it's what we'd call inflation proof. The            
idea is the purchasing power of the Trust will remain constant.                
                                                                               
Representative Croft - By taking a fixed percentage, do you think              
you can keep enough in it?                                                     
                                                                               
Nelson Page - Yes, we've spent 3-1/4%; we started out at 3% but we             
felt we could increase the payout. We think we may be able to                  
increase it higher in the future depending on how the Trust                    
performs.                                                                      
                                                                               
Representative Martin - There is also the responsibility that you              
will not continually make more demands on the Legislature for                  
general fund appropriations; that was part of the oath that this               
endowment would build up and less reliant on the general funds.                
                                                                               
Nelson Page - We do expect we will be able to at least maintain                
purchasing power parity ten years from now. There is built in to               
this a little room for growth because we also get the income from              
our assets.                                                                    
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#02-9-0062,                      
Administration, CASA Grant, $39,577 Federal Receipts.                          
                                                                               
Senator Halford - I haven't been able to figure out what it does.              
                                                                               
Brent McGee - Office of Public Advocacy - CASA is an acronym for               
Court appointed special advocate. It is a volunteer guardian ad                
litem who is recruited, screened, trained, and supervised by OPA.              
There are two places where this is happening; one function is to               
create a CASA program in Bethel and Juneau; the other is to train              
individuals in areas where they can both be volunteer guardian ad              
litems in Federal and in State Courts. The notion is there should              
be one child advocate in each of those places. The best option is              
to have a person who is one unpaid and two able to function in both            
Courtrooms.                                                                    
                                                                               
Senator Halford - Does this advocate function in a Tribal Court?               
                                                                               
Brent McGee - No. One is to create a CASA program in Juneau and                
Bethel that is exactly what we've had in Anchorage for the last 11             
years. That has been very successful. The other piece is to train              
people primarily tribal members to act as guardian ad litem in                 
State Court and also in those areas where there are Tribal Courts.             
When they have concurrent jurisdictions we think it is a good idea             
to provide that service with a person who costs us no money and                
provide the same person for both of those Courts in order to get               
better representation. There is no reason to provide a paid person             
for the State Court and an unpaid untrained volunteer in the Tribal            
Court.                                                                         
                                                                               
Senator Halford - You said concurrent jurisdiction has been granted            
by the Superior Court? I thought the Supreme Court said there is               
not concurrent jurisdiction?                                                   
                                                                               
Brent McGee - Common state agencies deal directly with Tribal                  
authorities.                                                                   
                                                                               
Senator Halford - State agencies do; I'm saying the Courts.                    
                                                                               
Brent McGee - That is an entity of the state of Alaska. They will              
refer cases for an opinion to Tribal Courts or sometime to Village             
Elders. Judges are generally interested in getting as much                     
information as possible so they can make life determining decisions            
about a child. They don't grant decision making authority to the               
Tribal Court or Village Elders. They want to hear from them.                   
According to the Village Elders, the guardian ad litem is a perfect            
vehicle for them to know what is going on in the State Courts. We              
want to use local people who can function in both arenas because we            
think we can get a better outcome.                                             
                                                                               
Senator Halford - I agree with all that; I was trying to figure out            
the jurisdictional question.                                                   
                                                                               
Brent McGee - The jurisdictional question, I don't have any idea               
how that is going to be figured out. In order to do                            
                                                                               
this, we don't have to answer those questions.                                 
                                                                               
Senator Halford - You're not appropriating into any side of that               
question?                                                                      
                                                                               
Brent McGee - No, we're not. This doesn't have anything to do with             
jurisdiction. The fact is there are true entities out there; we                
want to be able to participate on behalf of the children in both of            
those instances. The best way to do that is through a trained                  
volunteer supervised by a professional.                                        
                                                                               
Senator Halford - The fact is there are two entities out there.                
                                                                               
Brent McGee - There aren't two legal entities out there at the same            
level of jurisdiction. They exist in fact even if they don't exist             
in law.                                                                        
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representation Martin MOVED to approve the RPL#05-9-0569,                      
Education, Gold Rush Curriculum, $97,901 Federal Receipts.                     
                                                                               
George Smith - Deputy Director, Division of Libraries/ Archives and            
Museums -                                                                      
                                                                               
Representative Therriault - On the Legislative Finance backup, it              
says there is no Federal authorization available in this component             
but down further it states Federal approval to expend the funds                
(tape inaudible) so I don't understand. Is this an appropriation               
already made in the Federal budget? (tape inaudible) I'm wondering             
about the source of the funds. Are they in the Federal budget? Are             
they ready to be received?                                                     
                                                                               
George Smith - This was a grant awarded by the National Archives               
Record Service which we did not receive until August of this year.             
They were unanticipated funds on our part so we were not prepared              
to ask for authorization when we prepared the budget for FY98.                 
                                                                               
Senator Pearce - (tape inaudible, too faint, paper shuffling)                  
                                                                               
Representative Therriault - If the Federal money is there then that            
takes care of that problem. I'd like to have further discussion                
between myself and Mr. Teal about the way these are presented.                 
                                                                               
Chairman Phillips - In your statement, you say there is no mission             
statement or performance measures were developed for this component            
but the request (tape inaudible) with state contact (tape                      
inaudible) standards. I was wondering why we don't have that?                  
                                                                               
David Teal - I guess Education didn't develop this specific mission            
or performance measures. They do have state content measures for               
the curriculum and this falls within those and then on the issue of            
Federal authorization the Federal funds are in hand now and it is              
an issue of Federal receipts that have become available after the              
Legislature was done.                                                          
                                                                               
Representative Therriault - In the statement no Federal                        
authorization, are you meaning we do not anticipate and build this             
into our budget component?                                                     
                                                                               
David Teal - Yes.                                                              
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#05-9-0584,                      
Education, Federal Carry Forward, $49,059 Federal Receipts.                    
                                                                               
Are these receipts we need to carry over or just receipts that one             
spent?                                                                         
                                                                               
George Smith - When we were presenting our budget for FY97 before              
the Legislature, the Legislature recommended we adjust our                     
authorization for Federal money to more clearly reflect what we                
were actually receiving and spending each year. Therefore, last                
year when we presented our FY98 budget we significantly reduced our            
authorization for Federal money. Unfortunately, at the very time               
one old Federal grant program that we administer was being phased              
out and a new one phased in. We didn't properly anticipate what our            
total receipts would be for the Federal Government so what we have             
is need for additional authorization for this one year and it will             
be resolved in the budget we present to you next January. This will            
take care of a need for us to receive authorization and receive the            
money during this fiscal year.                                                 
                                                                               
Representative Martin - It's already committed; you just need                  
authorization?                                                                 
                                                                               
George Smith - Yes                                                             
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#05-9-0585,                      
Education, PELL Grants, $100,000 Federal Receipts.                             
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#05-9-0587,                      
Education, Business Enterprise Program, $1,000,000 Statutory                   
Designated Program Receipts.                                                   
                                                                               
Representative Therriault - To expand this program so dramatically,            
have we had comments back from private sector vendors?                         
                                                                               
Chairman Phillips - I want to dovetail on what Representative                  
Therriault has questioned. I have a note, does it effect (tape                 
inaudible)?                                                                    
                                                                               
Helen Eckman - Division of Vocational Rehabilitation, Project                  
Coordinator for the Business Enterprise Program - Under the                    
Randolph Shepherd Act, there is priority given to the business                 
enterprise program for this specific type of contract and Elmendorf            
has adjusted their announcement to reflect the Act will be                     
recognized if our bid on this falls anywhere in the target range.              
We will be competitively bidding. They did have the option of                  
negotiating with us directly without putting the contract out to               
anyone else, but they are putting out an open solicitation                     
recognizing the Act if we come within the competitive range.                   
                                                                               
Representative Martin - If you bid competitively, why do you need              
$1 million? What is done with that money?                                      
                                                                               
Helen Eckman - The money basically comes to the Division of                    
Vocational Rehabilitation as state licenses (tape inaudible) for               
the Randolph Shepherd Act. When our blind vendors are placed in a              
facility that he or she are operating, they provide services to the            
Department of Defense who in turn writes a check to us because we              
are the contractor. We receive this money and turn around                      
immediately and write a check for all (tape inaudible) portion of              
it. About 1% will be saved for administrative expenses and the rest            
will go right back the facility itself. It isn't a money maker for             
us personally. It is just that because we are the contractor for               
the Department of Defense that we have a subcontract with our blind            
vendor operating this facility. The money has to be given to us                
under the contract and we have to return it so that the vendor can             
receive reimbursement.                                                         
                                                                               
Representative Croft - So this isn't a $1 million cost; it is                  
authority to go out and bid on a $1 million contract? You need that            
room because that's the way the money flows? It says under the                 
anticipated timeline, it would be difficult to wait for the full               
Legislature. That is because this bid is essentially coming up now?            
                                                                               
Helen Eckman - Yes. We have to have permission to receive it.                  
Monetarily they did put it off another seven days when we called               
this week but they are anticipating any day.                                   
                                                                               
Representative Therriault - The whole thing is tied to the                     
operation of a vending machine?                                                
                                                                               
Helen Eckman - No. This is a contract that will provide primarily              
cleaning duties, ? services and some food preparation to the                   
military dining hall facilities at Elmendorf Air Force Base. There             
are five different cafeterias or kitchens involved.                            
                                                                               
Chairman Phillips - You are going to be competing with others on               
this proposal?                                                                 
                                                                               
Helen Eckman - We will be competing and if we don't get the                    
solicitation, then the full amount of money will never come our way            
at all. If we do, we will be in a position to do that.                         
                                                                               
Representative Croft - Do you have blind and disabled people ready             
to take advantage of this contract?                                            
                                                                               
Helen Eckman - Yes, we have already have applications turned in                
from three qualified participants in our program who as soon as we             
get this solicitation and begin our response we will chose among               
those vendors. They are each giving us a proposal on how they will             
employ others with disabilities.                                               
                                                                               
David Teal - There is a fund source change here. It cannot be                  
Statutory Designated Program Receipts. We looked at it and thought             
it was okay because they are both. On further checking of the                  
Statutes of the Executive Budget Act, Statutory Designated Receipts            
by definition cannot include State or Federal Receipts.                        
                                                                               
Representative Martin MOVED to amend his motion to approve the                 
RPL#05-9-0587, Education, Business Enterprise Program, $1,000,000              
Federal Receipts.                                                              
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#06-9-0017a, Health              
& Social Services, Juvenile Accountability Incentive Block Grant,              
$1,605,800 Federal Receipts.                                                   
                                                                               
(Note: This whole section was difficult to transcribe due to paper             
shuffling and speakers not speaking loud and clear into their                  
microphones. It was transcribed as well as possible under the                  
circumstances. Tapes are available in Legislative Library.)                    
                                                                               
Senator Donley - If you will remember we had discussion on this                
part of the Federal program and set out several guidelines for the             
state to develop. Guideline no. 1 is the state should work towards             
accountability for juvenile felons over the age of 15. This                    
proposal doesn't do anything towards that initial Federal                      
guideline. This Administration has consistently opposed any                    
modifications to do with the Federal guidelines required. The                  
proposal here is to do other things than the first guideline of the            
Federal law but not to do anything on that until a future time. I              
think it is backwards. I object.                                               
                                                                               
Senator Halford - I want to hear an explanation of what they are               
going to do with the money. I tend to agree with Senator Donley.               
The Administration opposed our efforts when we are able to get the             
automatic waiver down to 16. The Administration was strongly                   
opposed (tape inaudible, multiple voices) exactly what the first               
guideline was. With the Administration support, the first guideline            
in the next legislative session . . .                                          
                                                                               
George Buhite - Youth Corrections Administrator - The approval for             
the first year only requires active consideration (tape inaudible,             
paper shuffling). For three years we have looked at the Governor's             
conference did in fact consider this issue and the members of the              
conference hotly debated this issue and so I think for the first go            
around we do in fact meet what the Federal ? . I in my position                
cannot (tape inaudible, too faint) relative to (tape inaudible, too            
faint). I would like to go on and say that of the other three                  
issues, I think we are already ahead of the Feds or fully in                   
compliance or mostly in compliance with two of the graduated                   
sanction conditions and the (tape inaudible, too faint). We have               
requested funding to the Federal Government through Senator Stevens            
about this for about $1-1/2 million dollars as well as a $300,000              
grant to develop a data base in Corrections where we would be much             
more able to respond appropriately to the information requested by             
the Feds . . .                                                                 
                                                                               
(End, Tape: LB&A-980210, Tape 1 Side 1 #242)                                   
                                                                               
Representative Croft - . . .when they want to tell us we have to do            
something they can say that; they've said that before or usually               
you have to do this or you don't get Federal money. This just says             
because I think the policy they are talking about is so                        
controversial that they just want the state's to actively consider             
it and we are doing that. We don't have to have unanimity on a                 
controversial matter to receive this money and continue to work                
toward these goals and to the extent that we are in agreement on               
three of the four and are actively debating the fourth why wouldn't            
we want this authority particularly if some members of the                     
Committee are of the opinion that the first is a good idea. To                 
simply say there are other people in the state who disagree so we              
won't accept this money for three of the four things people want -             
If we do need it that was the question last time, what is active               
consideration and it is that the liberation under debate of                    
policies that would affect state compliance with the requirements              
we are doing that. I don't understand why we would want to turn                
down this money which does largely what all of us want and some of             
what some of us want.                                                          
                                                                               
Senator Donley - It is carefully calculated that this would comply             
for right now because this is (tape inaudible, paper shuffling) and            
there is no effort to move toward that requirement for later on.               
Additionally I have concerns about the accountability aspects and              
the increased sanctions, the actual existence of those within the              
system because most of the data I've been able to obtain over the              
years doesn't show an effective increased sanction system. It is               
all very void how it's done within the Department as far as making             
sure that crimes aren't continually being committed and there is a             
line drawn at some point. It takes a lot to get to that line. I                
think they need to have something more to deal with (tape                      
inaudible, paper shuffling) so they don't get caught two years out             
with no compliance at all. They have the intention to do that under            
this proposal.                                                                 
                                                                               
Senator Halford - Exactly how do you plan to spend the money?                  
                                                                               
George Buhite - The requirements of the grant are that we have to              
have a committee to apply to this on how to spend that money. That             
committee apparently consists of Deputy Commissioner of Public                 
Safety, Commissioner of Corrections, representatives of Department             
of Law and Court System and two members of the public (tape                    
inaudible, paper shuffling, too faint, multiple conversations). We             
propose that of the $1,605,800 (tape inaudible), $160,000 to be                
used to hire two grant administrators, one primarily to prepare                
grants and advertise that process dealing with the training and                
technical assistance to deal with the compliance of the grants when            
they receive the grants. We are looking at approximately $300,000              
to apply for those (tape inaudible, too faint) to address                      
specifically the activity between agencies like Corrections and                
Public Safety. So once we (tape inaudible, too faint, paper                    
shuffling)                                                                     
                                                                               
Approximately $550,000 goes to the areas to ? to which the                     
statewide RP's for services that are accountability based and that             
ranges from ? , restitution programs (tape inaudible, too faint,               
paper shuffling) particularly in the areas where we are ?.                     
Approximately (tape inaudible, too faint, paper shuffling) to be               
divided up between our Division, Department of Law, Public Safety,             
the Court System to provide services (tape inaudible, too faint).              
We are looking specifically at how to coordinate those services to             
the degree and we've ? and we've identified ? high level of                    
services ? . That's about as close as we've gotten. The actual                 
budgets are still (tape inaudible, too faint, paper shuffling).                
                                                                               
Representative Martin AMENDED his motion to delay this RPL until               
the next meeting to give the Department more opportunity to work on            
the concerns expressed by Senator Donley and Senator Halford.                  
                                                                               
Representative Croft objected to the motion.                                   
                                                                               
Janet Clarke - DHSS - We did delay this RP from the August meeting             
and we provide information to Senator Donley and the Committee. If             
we delay it again, we will work with the folks who have concerns or            
invite them to some of the meetings that are held. On this                     
particular issue, I'm not sure it can be resolved before the next              
meeting. It seems to be a policy question. Right now the Law is at             
16.                                                                            
                                                                               
Senator Donley - It is a policy question and they should be                    
studying changes to 15. There is nothing in this proposal to do                
that. They could modify this proposal to do something regarding                
that issue such as survey the public, find out how the public feels            
about it rather than approve everything exactly. It would make this            
more consistent with the Federal intent and would be the intent of             
some of us in the Legislature.                                                 
                                                                               
Representative Martin - A lot of times we depend on each other to              
specialize various aspects, i.e., University, juveniles, Courts,               
and I don't often now all the details but I rely on my colleagues              
who do specialize in those issues and that is why when Senator                 
Donley concerns haven't been answered yet I think it is legitimate.            
The Feds are paying us to do it and for some reason the state                  
policy questions it. Rather than lose it, I'd rather wait until the            
next meeting.                                                                  
                                                                               
Chairman Phillips hearing objection, called for a roll call vote.              
                                                                               
Yea:  Senator Halford, Representative Martin, Senator Donley,                  
Senator Phillips                                                               
                                                                               
Nay:  Senator Pearce, Representative Croft, Representative                     
Therriault                                                                     
                                                                               
Chairman Phillips - The amended motion FAILED by a vote of 4-3. Up             
for approval is the original motion to approve the RPL.                        
                                                                               
Representative Croft - There is legitimate disagreement about the              
first policy choice. The Feds recognize that in my view by asking              
us to consider it and not mandating that we do it. This is an area             
where there will be some disagreement. This proposal takes the vast            
majority of the issues they ask us to consider and accepts them and            
takes this controversial one and continues to consider it. That is             
in my view exactly what Congress wanted us to do with this and                 
let's be very clear if we reject this it is us rejecting this money            
to do what most of us think is at least partially correct to do and            
continue to study the thing that is controversial. It would be                 
folly in my opinion to reject it.                                              
                                                                               
Senator Donley - There is nothing in this proposal that continues              
to study item no. 1. In fact, item no. 1 is going to be a mandate              
on this Legislature and there is nothing here to move us toward                
complying with this mandate. If there was something here to move us            
towards compliance or even study towards moving us towards                     
compliance I think that would be persuasive. They haven't proposed             
anything like that. They are saying that we've already done it so              
we don't have to do it.                                                        
                                                                               
Chairman Phillips hearing objection on the original motion, called             
for a roll call vote.                                                          
                                                                               
Yea:  Senator Pearce, Representative Croft, Representative                     
Therriault,                                                                    
                                                                               
Nay:  Representative Martin, Senator Donley, Senator Halford,                  
Senator Phillips                                                               
                                                                               
Chairman Phillips - The motion FAILED by a vote of 3-4                         
                                                                               
Senator Halford gave notice of reconsideration for the next                    
meeting.                                                                       
                                                                               
Chairman Phillips - I would suggest that the Department contact                
those members with objections prior to the next meeting.                       
                                                                               
Representative Martin MOVED to approve the RPL#06-9-0126, Health               
and Social Services, Pass 1 Child Care, $2,2000,000 Federal                    
Receipts.                                                                      
                                                                               
Senator Halford - I object for purpose of discussion. One of the               
justifications for the $2.2 million is the Governor is going to                
request it - no operating impact but it also goes on the say it                
will be requested in the year 2000 budget.                                     
                                                                               
Senator Pearce - They will request additional Federal funds next               
year.                                                                          
                                                                               
Janet Clarke - In handing out a chart which I think many of the                
members have seen before, it is a chart that shows you our Alaska              
temporary assistance program and history of welfare reform. In the             
summer months from July to August, we continue to have (paper                  
shuffling) welfare reform programs. When we have more and more                 
people working they require child care. What happened this summer              
was that the numbers of child care increased beyond what the                   
Department had projected. We had more people going to work than                
what we predicted. So this request although large will serve 588               
children and obviously it is an important element of welfare                   
reform. I do think that there are program managers on line from                
Juneau if they can answer more specific questions.                             
                                                                               
Representative Martin - This bragging that we do about our case                
load dropping and expanding so this is really a flexible thing. I              
was worried about three weeks ago when the Department bragged that             
our case load had dropped about 15%. So we're saying this was for              
the last quarter or the year? I really ? numbers from other                    
indications always going up and I marvel that we keep on saying the            
case load is going down. Are we shifting them into other programs?             
                                                                               
Janet Clarke - We have shifted money to child care and work service            
as welfare reform has concluded programs. We have seen success in              
actual benefit payment system which has dropped by 15%. We have had            
a significant supplement from general funds over the last couple of            
years and we are also not spending our Federal ? which are                     
available to be carried forward and that's what these Federal funds            
are, Federal block grants. They can only be spent in a few areas,              
i.e., child care, work service, and there is a special provision               
that the Legislature took advantage of last year. We transferred               
some of the funds into the child protection service, although                  
Congress is reducing our responsibility to do that in the future.              
We have reinvested funds; we had a lot of general fund savings but             
these are Federal funds which are available and cannot really be               
used in any other places.                                                      
                                                                               
Senator Halford - Is there a general fund component that is funding            
part of this still? What happened to it last year?                             
                                                                               
Janet Clarke - The general fund component of our welfare reform                
program is at the floor that the Federal Government has given the              
state. They've set a maintenance effort requirement that we have to            
continue to maintain. We reached it with the current FY99 budget.              
That was a decrease over the prior year. There were $5 million                 
general fund savings in the overall program. In child care, it                 
increased rapidly.                                                             
                                                                               
Senator Halford - We're saying it is Federal funds, but there is a             
general fund component funding this same function, is there not?               
And that general funds went up substantially last year? Is it the              
same as last year?                                                             
                                                                               
Janet Clarke - Yes, there is a general fund component but it did               
not go up substantially last year. As I recall, in the Department              
of Community and Regional Affairs, the Senate budget took advantage            
of the ability to transfer Federal funds about $4 million to be                
used for day care assistance programs in that particular child care            
activity so general funds have decreased in child care as well as              
in other components.                                                           
                                                                               
Senator Halford - So you are already taking this grant and                     
offsetting general funds as much as you can?                                   
                                                                               
Janet Clarke - Yes.                                                            
                                                                               
Representative Croft - It doesn't seem the way                                 
                                                                               
Representative Martin characterized this is true. We are moving                
people off welfare into work and this is the cost side of it. A                
different category, overall savings and this case we're taking                 
savings in both Federal ? in our welfare and having some increased             
cost in child care that primarily the Feds are picking up. It seems            
a win financially and a win for people who are now working. If we              
can serve 588 children with Federal money, I think we should                   
approve it.                                                                    
                                                                               
Senator Halford - It sounds like we are making the maximum offset.             
                                                                               
Janet Clarke - We have not made the maximum offset that the Federal            
Government allows but certainly the Legislature can look at it in              
the future. There are some questions about sustainability of the               
Federal funds over the long term. Right now we are benefiting from             
the provision in welfare reform that we are considered a high                  
population state and so we have this special Federal bonus that we             
get for four to five years then we lose it after FY01 and that is              
like a $7 million drop. We have to carefully balance the long-term             
sustainability of using Federal funds that we transfer state funds             
what the Federal Government is going to do with some of those                  
provisions.                                                                    
                                                                               
Senator Halford - You say we don't dare take advantage of the                  
maximum Federal funds because politically it will be difficult to              
replace them. If we cut the general funds out now, we are making a             
political decision that is economic waste. Why shouldn't we use it             
to the maximum capacity to replace general funds? When it's not                
available you're going to have to replace it with general funds to             
face those questions. If we are managing ourselves so we don't use             
maximum Federal funds because we're afraid it will be too hard to              
increase the general fund budget to pick it up if they stop then it            
is a political determination that it is economically unsound.                  
                                                                               
Janet Clarke - We get more money right now that we're not going to             
get after FY01. I think you are saying that in the short time, we              
do use as much general fund as we can instead of Federal dollars               
and then three years from now pay the bill. Is that what you are               
saying?                                                                        
                                                                               
Senator Halford - Do the Federal funds carry forward? Do they                  
expire? How are Federal funds treated? There are people who argue              
against maximizing Federal funds because they believe it will be               
too hard to replace them with general funds when they do run out.              
Is that your argument?                                                         
                                                                               
Janet Clarke - The current provision we're under for welfare reform            
we have a block grant that comes to us through FY02 then Congress              
can re-authorize or change or do what they want with that                      
provision. The benefit we are receiving under the current Federal              
block grant is based on a 1994 expenditure so that's why states are            
receiving these large Federal funds. At the time, we discussed this            
issue with the Finance Committees it was in the first year of                  
welfare reform. Our tendency as an agency was to be conservative as            
to how many people might be benefited or where the funds should go             
and what we currently have is the agreement that seemed reasonable             
with the Finance Committees. For example, if this line was turned              
away and we needed due to economic distress in Alaska and there                
weren't jobs available we might see a different picture.                       
                                                                               
Representative Martin - One of the problems I have is the mystery              
as to where the children are coming from. In looking at the other              
statistics from the Department of Labor, our birthrate has                     
decreased 1600 this year from 1990. That is consistent over the                
last four years. The age group 5 and under has decreased 4.9%; one             
of the largest decreases in the nation. So where are they coming               
from? Is it because we increased the level of poverty from 150% to             
250%. We're increasing the poverty level and allowing more people              
to come in. It's not due to a true birth rate or increase in                   
children in that age of 5 and under. Are we grabbing money to grab             
it and then finding children or people to qualify for it.                      
                                                                               
Janet Clarke - People are working that's where children are coming             
form for this program.                                                         
                                                                               
Senator Halford - I'm going to vote "no" because of what I think               
about this maximization of the offset. I disagree with what we then            
apparently did in Finance last year. I would support it if it came             
back in a way that was presented to utilize the offset.                        
                                                                               
Representative Croft - With two "no" votes, then discussion may be             
warranted. I'm not trying to jeopardize the others. People here may            
disagree with what happened in Finance, but this is at least a                 
partial step to maximizing the most. It's asking to use more                   
Federal money for it. We can have that discussion sometime about               
whether that was a proper policy choice but this increment is at               
least moving in the direction you want. It's using more money.                 
                                                                               
Senator Halford - It's not offered to supplant general funds; it's             
offered as an increase.                                                        
                                                                               
Representative Croft - Nothing in this precludes that discussion               
over what we should be doing about maximization. It simply allows              
us to use a pot of Federal money. To the extent part of your point             
was we were not using enough Federal money this allows us to use               
more for people who have a need. This has nothing to do with the               
birthrate. These are the same children who were formerly on welfare            
and are now children of people who are working.                                
                                                                               
Janet Clarke - While I certainly appreciate Senator Halford's view,            
I don't know that this Committee could do anything about (coughing)            
offset from general funds. If you need to go to the full                       
Legislature, it is likely there wouldn't be a determination until              
late in the session. Again we might lose the opportunity to                    
continue getting more people off welfare.                                      
                                                                               
Senator Pearce - (tape inaudible, too faint, coughing) In the first            
real year of the program, the Legislative Finance encouraged us to             
take it slowly the first year and then move toward the offsets that            
are available for next year including to continue to work toward               
maximizing our offset and we should try and take the entire amount             
the first year. There were a lot of discussions. Senator Parnell               
and I and Chair of the HESS Committee decided it was the best                  
approach. Not accepting the money and having mostly single mothers             
out there who are trying to move off welfare and can't do so                   
because they don't have child care because this Committee is                   
sitting on whether to take $2 million from Federal funds is stupid.            
                                                                               
Representative Therriault - In the budget, there was language that             
said if Federal program receipts exceeded estimated appropriations             
in fact, the appropriation from state funds from the effected                  
program may be reduced by the excess if the deductions are                     
consistent with the Federal Statutes. I think what this Committee              
should do is to ask the Administration for a full accounting of                
those areas where the Federal funds where we find ourselves in this            
situation and make a determination then are we going to adjust the             
budget down. The language in the budget allows us to do that, but              
I agree with Senator Pearce.                                                   
                                                                               
Senator Pearce - We're talking about people who are trying to get              
off welfare; now let's make it work. We should (tape inaudible, too            
faint).                                                                        
                                                                               
Representative Therriault - There are a number of areas where we               
need to look for general funds that offset and remove it. I don't              
think this is the time to do that.                                             
                                                                               
Chairman Phillips hearing objection, called for a roll call vote.              
                                                                               
Yea:  Representative Croft, Representative Therriault, Senator                 
Pearce, Senator Phillips, Representative Martin                                
                                                                               
Nay:  Senator Halford                                                          
                                                                               
Chairman Phillips - The motion FAILED by a vote of 5-1.                        
                                                                               
Representative Martin MOVED to approve the RPL#06-9-0127, Health &             
Social Services, Arrestee Drug Abuse Monitoring Program, $101,200              
Statutory Designated Grants.                                                   
                                                                               
David Teal - The only issue here is the Statutory reference; it                
isn't Federal receipts. In the RPL they refer to Statutory                     
authority, I don't think it effects the validity of the RPL in any             
way. It is just the request was flawed in a minor way and as we                
reviewed the language we pointed that out.                                     
                                                                               
Representative Martin - For the Committee's evaluation, we've done             
an evaluation and we had $1.2 billion in other funds in the front              
section where all these designated grants are and are not                      
considered part of the budget. It really is going to hurt the                  
Legislature and Governor's office by not proving where they come               
from. These are designated general funds rather than undesignated              
general funds and I think in a short time the Legislature is going             
to find itself in a bad situation with more and more designated                
general funds which we now call statutory designated program                   
receipts versus nondedicated and the problem is getting subject                
$1.2 billion off budget. It is 50% of what is called the budget.               
                                                                               
Janet Clarke - It is a strange route they take to come to the state            
and depending on where we actually get them determines the actual              
categorization of the funds. The Federal Government has actually               
contracted with a private vendor to manage this program and we will            
have a contract with a private vendor. So that situation this                  
$101,200 does need the definition Statutory Designated Program                 
Receipts which is why we requested them that way.                              
                                                                               
Representative Martin - It also meets the category of Federal                  
Receipts and that is the proper designation for this.                          
                                                                               
Janet Clarke - The check the state will receive comes from a                   
private contractor not from the Federal Government.                            
                                                                               
Representative Martin AMENDED the motion to approve the                        
RPL#06-9-0127, Health & Social Services, Arrestee Drug Abuse                   
Monitoring Program, $101,200 Statutory Designated Program Receipts.            
                                                                               
Chairman Phillips - Hearing no objection, the amendment to the                 
motion was APPROVED. On the amended motion, hearing no objection,              
the motion was APPROVED.                                                       
                                                                               
Representative Martin MOVED to approve the RPL#06-9-0128, Health &             
Social Services, Epidemiology Drug Rebates (Ryan White CARE Act),              
$50,000 Statutory Designated Grants.                                           
                                                                               
This is the first time I remember putting "Statutory Designated                
Grants" into our RPL's.                                                        
                                                                               
Representative Therriault - This is some kind of a rebate that used            
to come back completely off the budget.                                        
                                                                               
Janet Clarke - This is actually a new part of the Ryan White CARE              
Act (tape inaudible, too faint, multiple conversations) ...                    
requires the pharmaceutical companies to give rebates back to                  
states (tape inaudible, too faint, multiple conversations) ... give            
some portion of that back to the state for additional program use.             
This was a fairly new provision.                                               
                                                                               
Representative Therriault - The money rebated to us - are we under             
some contractual - does it meet statutory definition?                          
                                                                               
Janet Clarke - As I understand it, the Federal Government requires             
the drug companies to rebate to the state for ? high drugs. It                 
requires the state to use the money for programs so that is very               
similar to what the Legislature does with the WIC program where we             
get formula rebates back. Yes, I think it does meet the statutory              
definition.                                                                    
                                                                               
Representative Martin - With that in mind, everything we have off              
budget in a fund always had a specific Statute reference. The                  
Committee ought to show what Statute in the future. Your using that            
phrase so the Statute should be referenced, especially since it is             
a new program. What Statute are we referring to?                               
                                                                               
David Teal - It doesn't necessarily (tape inaudible, paper                     
shuffling) Statute is just a definition of what's, it's something              
that OMB wanted to do and worked on for a while and got through. It            
allows you to take what used to be called program receipts now in              
some cases the Statutory Designated Program Receipts. It applies               
only in this case there is a the contract involved. In some cases,             
it is specific services that are applied, but generally speaking,              
if there is a signed contract for these services then you classify             
it this way. Statutory 37.05.146 - what that Statute says is simply            
that it is a definition of program receipts, a nongeneral fund                 
program receipts. Under there it says "designated program receipts             
means money received by the state from a source other than the                 
state or Federal Government that is restricted to a specific use by            
the terms of a gift, grant, bequest or contract".                              
                                                                               
(Senator Halford left the meeting)                                             
                                                                               
Chairman Phillips - We're going to take a break from RPL's due to              
the lack of a quorum.                                                          
                                                                               
OTHER BUSINESS -Y2K                                                            
                                                                               
Bob Poe - I'm the Y2K project office. I appreciate being able to               
speak to the Committee today. Each of you received a status report             
and my plan is to continue to provide you with timely status                   
report. You should receive another one next week. I'd like an                  
opportunity on an ongoing basis to get before the Committee to                 
update you. First, I'd like to point out that Y2K is not just a                
computer problem. It is truly a risk management problem and I offer            
three numbers for you to consider. The Gardner Group which is a                
leading think tank on information technology has estimated the cost            
of Y2K clean up to be $250 billion. I would suggest that the cost              
of national litigation to follow would is $1 trillion is something             
we should pay attention to. Three hundred national law firms have              
opened up Y2K practices to get ready to sue companies that don't               
deal with the Y2K issue. This is also a leadership issue. I would              
suggest that no one really caused this problem. It is nobodies                 
fault. It is a very real problem. It is on our watch and we have to            
deal with it. There is a lot less time than you think. The calendar            
right now says there is 455 days are left but actually Y2K is                  
already happened. With you have a credit card that has an                      
expiration date of 00 it failed at the beginning of this year. June            
30, 1999, is when it will hit the state because we will change                 
fiscal years at that time. September 1999 is an old computer                   
programmers trick shooting into data files should cause us a                   
problem. 9/30/99 is the Federal fiscal year and all of those dates             
happen before the New Year's Eve date and the change of the                    
millennium.                                                                    
                                                                               
What is the state doing about it. Governor Knowles issued                      
Administrative Order No. 177 which set up the Y2K Project office               
and established what that office would do and what each agency is              
responsible for doing and also elevated the office to Cabinet level            
position so it could get the job done. We have a formal plan and it            
is the same plan everyone else is using around the world. It is a              
five step plan and that's what we are following. We are starting a             
triage process to identify 199 business functions that the state               
performs and we identified 87 that are critical because they                   
reflect on life, health, safety or the economic well-being of the              
state of Alaska. Our inventory systems are complete. Assessment of             
those systems is probably in the neighborhood of 60%. The reason I             
qualified that is we are in the process of implementing a                      
comparable status reporting system so we know how each agency is               
doing on the same basis and we should have that system debugged and            
fully running by late November. We have a website which is being               
used to transfer a lot of information to various users and in fact             
it is referenced by states like New York which has spent over $400             
million because we have a more thorough vendor analysis for the                
imbedded chip problem than most other states do. There are several             
systems which are already compliant that are compliant on the                  
current operating system that is the state accounting system access            
the payroll system, DNR lands management system, Student Loan                  
system, permanent fund accounting systems, child support system and            
Medicaid.                                                                      
                                                                               
Alaska's primary exposure are small and medium size businesses;                
that diversified fabric of our economy is wide we've probably done             
so well in the face of low oil prices and mineral prices and bad               
timber situation. Those are the business which are paying attention            
to Y2K and can be enormously affected. Electric transmission we're             
probably not as vulnerable because we are not on a big complicated             
grid like the rest of American. Telecommunications on the other                
hand we are much more vulnerable. The supply-chain issue we're much            
more vulnerable. Anchorage is at the end of the supply chain from              
America's standpoint. Healthcare is a big issue because there are              
a lot of imbedded chips in those biomedical equipment.                         
                                                                               
(End, Tape 1: LB&A-980210 Tape 1 Side 2 #242)                                  
                                                                               
Bob Poe - We're going to have to rely on contingency planning.                 
That's okay. If the system fails, what do we do? Get listings of               
those critical files. Resurrect that manual form that you use to               
do. Also we are using the risk management fund at this point to                
deal with it. We feel that is a justifiable use of the fund largely            
because those 300 law firms getting ready to litigate on us. There             
are eighty cases in Court right now on Y2K; the Alaska Bar has                 
opened a Y2K section. The attorneys are ready. We are trying to                
keep the Legislature informed. We'll be asking for a FY99                      
supplemental and give you accurate numbers on that. Those requests             
will be coming through the Y2K office and we'll be asking for CIP              
request for the year 2000. The reason for that is the Y2K problem              
will extend quite a ways beyond 9/31/99. We also have to recognize             
that there are leap year problems and we rely on contingency                   
planning that is just a stop gap measure.                                      
                                                                               
In closing, I'd like to say three things. One, I can guarantee is              
that things will go wrong as a result of Y2K. This isn't something             
that people are thinking about; it will happen. Second, the real               
test of all our success is how we get through that difficult                   
period. Finally, I challenge this Committee and the rest of the                
Legislature and Administration that this really is a leadership                
issue; it is nobodies fault. It is going to happen. And it is our              
responsibility to deal with it.                                                
                                                                               
(Representative James was back on line)                                        
                                                                               
Senator Pearce - I was just at a State Chamber Convention                      
monitoring a panel on what the state is doing but I know the                   
banking industry led by NBA is working very closely to follow their            
customers and suppliers (tape inaudible, too faint). Is anybody                
looking the connection between the state and local communities and             
what is our lives in terms of systems (too faint)                              
                                                                               
Bob Poe - We really do have a three prong approach that is taking              
care of our own needs, reaching out to smaller unified businesses              
and local communities. I met with the counsel mayors; I'll be                  
speaking to AFN; I met with the North Star Borough. They are doing             
a resolution on Y2K. So the first thing we're trying to make people            
aware of the problem. They're going to need some help. We're trying            
to bring resources to bear (paper shuffling) but we don't have much            
financial resources at this time. So when we get a communication               
from a local government we get on the phone with them and talk with            
whoever is in charge of their Y2K effort.                                      
                                                                               
Senator Pearce - You mentioned that the bonding industry is                    
seriously looking at Y2K compliance and its vulnerability. Do we               
have any feel for whether or not any financial (too faint) or do we            
know if any local communities could have problems with their                   
bonding because of it.                                                         
                                                                               
Bob Poe - The short answer is all of them could have. At this                  
point, the bond industry needs to look and see if you have a plan,             
are you dealing with it and are you funded. Funding is a big issue.            
So as the bond question comes up depending on how close you get to             
the date the risk return trade ? issue that a bond counsel or                  
traders are thinking about is going ?. The risk is higher if you               
don't have a plan. Or if we looked at you nine months ago and you              
had a plan and it looked good but we haven't seen much progress it             
may reflect on your bond. The same thing with insurance. Both the              
general insurance for the state of Alaska and the aviation                     
insurance both of those underwriter groups tried to include a rider            
eliminating any kind of protection with regard to Y2K. Because we              
had a plan we were able to take care of the general liability                  
insurance; we still haven't worked out the aviation insurance.                 
                                                                               
Representative James - One of the things I have read or heard about            
Y2K is the cost; how much work there has to be; what kind of plan              
you have to have, can you tell me in simple terms why this is so               
complicated?                                                                   
                                                                               
Bob Poe - It is not very complicated. The computer problem itself              
is simple; it's a two digit date problem. The problem is it is so              
pervasive. We've become so dependent on so many automated systems              
and they are so intertwined today that's what makes it complicated.            
                                                                               
Representative James - To go one step further, what's so                       
complicated about changing from a two digit to a four digit?                   
                                                                               
Bob Poe - It's not in the simple sense. The problem is there are so            
many different systems; so many different solutions to solving that            
date problem. If you have an old system there is one set of                    
solutions to reprogram all the formats, but if you have something              
in a more modern language the solution is different. The other                 
thing that is challenging is if problem with the imbedded chips                
about 2-4% are going to have date problems; the key is knowing                 
which one. Most of its going to be like my VCR it's going to blink             
just as well after 2000 as before, but the imbedded chip in a fire             
engine says that I haven't been maintained for 99 years I don't                
think I'll run we have to deal with that. That maybe as simple as              
contacting the manufacturer and find out what the reset routine is             
or have your maintenance people put those machines on the ? when               
the date turns and tell them they are all maintained. We need to               
figure that out and each one of those particularly the imbedded                
chips have unique solutions. We have to figure out the solution for            
each one.                                                                      
                                                                               
Representative Martin - I think we should get involved. I do take              
objection to the perceived threat that if we don't do something                
we're going to be sued.                                                        
                                                                               
Bob Poe - I'm not offering a threat. I'm just simply saying if we              
don't develop a case that we've made a good faith effort to solve              
the standard practices to solve it we are much more vulnerable than            
we would be if we'd taken action.                                              
                                                                               
Chairman Phillips introduced Red Boucher.                                      
                                                                               
Red Boucher - My name is H.A. "Red" Boucher; I am former Lt.                   
Governor, Mayor of Fairbanks and State Representative. I'm                     
currently a computer consultant. About two years ago, I became a               
part of a national and international organization sponsored by                 
Purdue University, the Center for International Strategic Studies.             
In 1960, one megabyte of ram cost $3.2 million; today one floppy               
disc costs $1 and contains 1.3 megabytes so it wasn't a computer               
decision; it was a management decision. They just punched in two               
numbers instead of four. The real problem and somebody said why                
wasn't it corrected it was kind of periferated. Nobodies going to              
be using these programs; nobody even thought of it. It was only                
about five to six years ago when people began to ask questions. I              
have brought two videos which I'd like to pass out to each member              
of the Committee. It is a three hour tape put on by Senator Robert             
Bennett's committee of which Senator Stevens is an ex-officio                  
member. It is a bipartisan committee and at the end of listening to            
this, then make your own decisions. You deal with the cost section             
of the problem. The people down in the engine room made the                    
mistake. They are trying to correct it now, but it is the executive            
and Legislature who is going to have to make the decisions. We are             
now part of a net worth world that we interface. If every single               
computer in the building and in the state was fixed how about the              
imbedded chip in the power grid. We are fortunate we are not                   
connected to the power grid outside. Based on two and half years of            
research, this is real and as Senator Bennett said it scares the               
hell out of him. It scares me not because we can't solve it but the            
level of public awareness is nil and people who have to make the               
decisions should rely on the resources available.Last year I didn't            
see any legislation about Y2K. I predict that you will be bombarded            
by insurance companies, legal aspects and others in the coming                 
session.                                                                       
                                                                               
Representative James - No one seems to come up with a solution?                
                                                                               
Red Boucher - There is no silver bullet. It never happened before              
and the greatest thing you can do is become informed, hold public              
hearings and interface with the international and national experts             
who provide life line facilities.                                              
                                                                               
Bob Poe - One of the things that happened last year was numbers and            
solutions were identified. By beginning of session we will have to             
you a supplemental request which will be very specific about which             
things we do to do and what the cost will be.                                  
                                                                               
Representative James - I appreciate that because I do understand               
the problem but I haven't seen anyone come up with a request for               
what it's going to take to change it so I'm happy to hear one is               
forthcoming.                                                                   
                                                                               
Bob Poe - The other thing I'd offer is as we go through the work               
plan and learn more we'll get smarter as we go. This project has               
never been done before so anybody who claims to be an expert isn't             
because there aren't experts. People haven't done it before. So                
there is a certain amount of getting smarter but we'll give you                
firmer numbers at the beginning of session.                                    
                                                                               
REVISED PROGRAM REQUESTS                                                       
                                                                               
Chairman Phillips moved back up the calendar to Representative                 
Martin's motion to approve RPL#06-9-0128 to exclude the words                  
"Statutory Designated Grant" and replace it with "Statutory                    
Designated Program Receipts".                                                  
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#06-9-0129, Health &             
Social Services, Consumer Affairs Position, $45,000 MHTAA Receipts.            
                                                                               
Senator Halford - Explanation?                                                 
                                                                               
Janet Clarke - This is the first time this request has come before             
the Committee. This position would do is provide a Mental Health               
Consumer Affairs position to consult with consumer boards in the               
development of policies for mentally ill individuals. There are                
many states that are developing this kind of position. A mentally              
ill consumer which actually be in the position.                                
                                                                               
Chairman Phillips - Mr. Teal, your statement the FY00 funding                  
request for this position is from Mental Health funds, future                  
funding could impact the general fund. How?                                    
                                                                               
David Teal - All we are referring to there is they ? with another              
RPL. Once you create a position it doesn't necessarily go away.                
                                                                               
Senator Pearce - Why is this coming outside the regular budget                 
process? (tape inaudible, too faint).                                          
                                                                               
Janet Clarke - My understanding is that consumer advocates have                
been asking for this kind of position of a long time. I know there             
was some confusion about this position could be established in                 
state service, what other states have done and research was done in            
the interim when this idea came up a year ago. So the position was             
not included in the budget because people didn't really understand             
what the advocates were talking about and how it would fit in the              
state system. In the interim the Mental Health Board met with                  
consumers, Mental Health Trust Authority and the Department, did               
some research on what other states have done, how we would                     
establish this position, what the job duties would be, etc., and               
the Mental Health Trust Authority agreed to the concept in May but             
the details hadn't been worked out and then they authorized this at            
their August meeting.                                                          
                                                                               
Senator Pearce - authorized at their August meeting, departments               
are I assume in the process of building budgets for the coming                 
legislature so what is the extraordinary circumstance to look at it            
now rather than during the full legislative process and look at it             
as part of the larger picture (tape inaudible, too faint).                     
                                                                               
Janet Clarke - The Mental Health Trust Authority authorized the                
position as one of their recommendations for FY00 budget. At the               
same time at their August meeting they authorized the Department to            
go forward with this position now because the advocates have been              
pushing for some time that this position was necessary and really              
it was the Mental Health Board, the Administration and the Trust               
Authority that hadn't quite figured out how to do it so they                   
believed it was worthwhile to go forward. I believe they heard from            
a lot of beneficiaries about the benefit of this position and they             
were convinced they needed to go forward.                                      
                                                                               
Representative Martin - Reading the previous report, Mental Health             
had requested this position before for more than one year.                     
Evidently we didn't approve it. This is still asking for it.                   
                                                                               
Nelson Page - Mental Health Trust Authority - The reason for the               
timing on this is that we have been exploring the possibility of               
this position for some time. There wasn't really a consensus on                
what the position should be and that was what we were trying to                
facilitate and that was what we were trying to facilitate, the                 
consensus. That didn't come to us until this summer. When it did               
come to us actually we were surprised with the group of                        
beneficiaries that we have we usually don't get this strong a                  
consensus on what to do. As soon as we had that consensus that's               
what we approved. We have approved Mental Health Trust Authority               
funds for the position for FY00 and will be included in our budget             
recommendation.                                                                
                                                                               
Chairman Phillips - Hearing no objection, the motion was APPROVED.             
                                                                               
Representative Martin MOVED to approve the RPL#06-9-0130, Health &             
Social Services, Children's Health Outreach, $211,500 Statutory                
Designated Program Receipts.                                                   
                                                                               
Chairman Phillips - Mr. Teal, you said there is a minor technical              
problem.                                                                       
                                                                               
David Teal - The minor technical problem was that the grant was for            
$1 million and the fiscal year amount didn't add up. The Department            
has clarified it; the FY02 number should be $157,000 and it does               
add up.                                                                        
                                                                               
Senator Pearce objected.                                                       
                                                                               
Senator Pearce - I'm not sure (tape inaudible, too faint, paper                
shuffling)                                                                     
                                                                               
Representative Martin - It goes right in to what I was saying                  
before even though they have temporary receipts right now that will            
allow the position they are also saying that they will have to have            
money next year through general funds and all these grants that use            
to be designated this will be general fund and technically it is               
still general fund moneys even though we call it a grant. The full             
legislature is suppose to be responsible for these things no matter            
what we call it and I hope this group will go to the Finance                   
Committee where we evaluate it. It seems to be a open door position            
now that anything that comes as a grant or gift will be put under              
this designated grant and dedicates general funds.                             
                                                                               
Janet Clarke - The money from the Robert Wood Johnson Foundation               
and the Crockett Fund will help supplement even the state's effort             
for the Children Health Expansion Program that the legislature                 
authorized last year. The funds will be used for outreach as                   
required under the Federal expansion. The Robert Wood Johnson                  
Foundation expanded their role in helping the state implement the              
Children Health Expansion Program so it is consistent with the                 
direction the legislature authorized. As part of the Program there             
is a requirement that the state do outreach and go out and identify            
children that may be Medicaid eligible and if not benefited by the             
Medicaid program how they may benefit by the new expansion program             
that the legislature authorized. We will use the funds to actually             
provide a couple of grants. I do have more details that I can share            
with you. One of the pilot sites is in the Mat-Su area; we believe             
there are a number of children. We are going to specifically work              
in rural Alaska with a consortium of the grant to go out and look              
for children who are Medicaid eligible. They are covered 100% if               
they are Native children with Federal funds. There will be some                
technical support as well.                                                     
                                                                               
Senator Pearce - Has our CHIP program been approved by the Trust?              
                                                                               
Janet Clarke - I know we have pushed the implementation date to                
March 1, 1999, based on the amount of money that was approved by               
the legislature. I do not believe our state plan has been submitted            
to some of them.                                                               
                                                                               
Senator Pearce - How many programs that we did pass why would we               
take this money to go out and find more children. We've got a                  
program; let's get started and see how's it's working and then talk            
about (tape inaudible, too faint). It is my understanding that we              
don't have (tape inaudible).                                                   
                                                                               
Deborah Smith - CHIP Coordinator for Department of Health & Social             
Services - Is the question whether or not Alaska has actually                  
submitted or approved its CHIP plan? The plan was submitted on                 
August 31 and we anticipate response for ? within the next two to              
three weeks. We have not received any questions from them since we             
submitted it.                                                                  
                                                                               
Senator Pearce - The implementation isn't until next March?                    
                                                                               
Deborah Smith - That is correct.                                               
                                                                               
Representative Croft - I read here that the Robert Wood Johnson                
Foundation is meeting today to discuss that grant. Do we now if                
they've given us the award?                                                    
                                                                               
Deborah Smith - They would not be making the final decision only               
recommending to the full Board. This is just the meeting of the                
national advisory committee.                                                   
                                                                               
Representative Croft - And the grant has a start date of January 1,            
1999?                                                                          
                                                                               
Deborah Smith - Yes                                                            
                                                                               
Representative Croft - I think it makes sense to start identifying             
but it may make sense to delay this until the next meeting when we             
see what the Foundation decides?                                               
                                                                               
Janet Clarke - I know that with the Children's Health Expansion                
money the Federal Government has put some limits on spending any of            
that until the implementation date actually occurs so some of the              
administration work and initial outreach we can't do until March 1             
under those rules so the intention was that this grant would help              
us get started before we bring children on. Deborah, is there any              
harm to the program since we have an implementation date of                    
January 1, 1999, in delaying?                                                  
                                                                               
Deborah Smith - This RPL has two pieces to it. One is the Crockett             
Foundation money which is available right now; the second piece is             
the Robert Wood Johnson Foundation money. As long as this RPL for              
the RWJ money would be able to come before this committee prior to             
the start date of January 1 I would see no problem in delaying but             
obviously the more time we have to plan on how we are going to                 
implement with resources the better off we will be.                            
                                                                               
Representative Martin - Is part of this money coming from the                  
Mental Health Trust Authority?                                                 
                                                                               
Janet Clarke - No                                                              
                                                                               
Representative Martin - I'm wondering how come after all these                 
years that we haven't found all the children available?                        
                                                                               
Chairman Phillips hearing objection, called for a roll call vote.              
                                                                               
Yea:  Representative Croft                                                     
                                                                               
Nay:  Representative James, Representative Therriault, Senator                 
Halford, Senator Pearce, Representative Martin, Senator Phillips               
                                                                               
Chairman Phillips - The motion FAILED by a vote of 1-6.                        
                                                                               
Representative Martin MOVED to approve RPL#06-9-031, Health &                  
Social Services, Work Initiatives Project, $224,200 Federal                    
Receipts.                                                                      
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
Representative Martin MOVED to approve RPL#06-9-0139, Health &                 
Social Services, Energy Conservation Initiative, $1,328,700 Federal            
Receipts.                                                                      
                                                                               
Senator Halford objected.                                                      
                                                                               
Janet Clarke - This comes from a low income energy assistance                  
program. This is a competitive grant that the Department reviewed              
as part of a low income housing energy assistance program which                
provides funding to help low income families achieve assistance in             
energy. We will look at weatherization projects, energy efficient              
products incentives and financial planning. In our Department we               
have a Federal program that actually provides for fuel purchasing.             
This would go to those folks who are beneficiaries of that program             
and the reason the Federal Government offered this program was to              
reduce the energy needs of those low income individuals.                       
                                                                               
Senator Halford - This is a $1.3 million; we have MEA ? budget                 
weatherization efficiency stuff I'm just wondering if this would               
supplant other state funds in any way?                                         
                                                                               
Mary Riggen-ver - Program Coordinator, Energy Assistance Program,              
Division of Public Assistance - These funds would not be                       
supplanting any weatherization funds. Basically what this is geared            
towards is helping individual households learn how to use energy               
more efficiently and reduce their demand whereas Alaska Housing                
Finance Corporation Weatherization is geared more to coming in and             
making retrofit to the home. This is designed to help households               
learn to reduce their consumption.                                             
                                                                               
Senator Halford - Does this go to the individuals or is this money             
totally used in the program to tell individuals to turn out their              
lights.                                                                        
                                                                               
Mary Riggen-ver - The grant would go to RURALCAP that the grant has            
been written for and it uses the MERICORP members to help with                 
projects in the public schools and also has pieces of some rebate              
purchasing so the best way to reduce energy is to learn how to use             
air ceiling. The MERICORP members will help that household do that             
and they may want to have rebates on buying high energy or high                
efficiency on stoves. They are still paying for much of the cost               
but there will be some incentive to make those changes.                        
                                                                               
Senator Pearce - How much of the money actually goes to the low                
income recipient and how much is consumed by the poverty pentagon?             
                                                                               
Mary Riggen-ver - Almost the entire grant goes to RURALCAP and a               
lot of what the grant is focused on is training and education. We              
have a breakout in the grant application to the Federal Government             
but primarily we are paying for education and rebate to the family             
if they chose to take advantage of the different rebate options                
that are available to them.                                                    
                                                                               
Chairman Phillips - Do these people pay their light bills? If so,              
it seems to me if they have a high light bill they will do                     
something about your own way of living.                                        
                                                                               
Mary Riggen-ver - Part of the education is to learn what draws the             
most electrical usage.                                                         
                                                                               
Senator Pearce - Are there missions and measures developed and is              
there accountability that we can see to measure the grant to                   
RURALCAP? Does someone go back and see how they spent over $1                  
million and decide whether it was efficient or effective?                      
                                                                               
Mary Riggen-ver - A key piece of this grant is an evaluation which             
has to be shared with all the state. It is a demonstration grant.              
Part way through and at the end there is an evaluation.                        
                                                                               
Senator Pearce - That is different from what I asked. I asked if               
there were measures built in not at the end.                                   
                                                                               
Mary Riggen-ver - I guess I'm not clear on your question.                      
                                                                               
Senator Halford - With regard to the Federal application, how much             
of the money will be used in rebates for other different benefits              
passed on to low income people and how much will be used in the                
administration, training, operation of everything else?                        
                                                                               
Mary Riggen-ver - As far as the majority of the grant, I don't have            
a total for you as far as the grant is written in terms of the                 
improvement cost of the household. A lot of things depend on what              
needs to be done and the service is geared toward that. It is hard             
to say what the actual cost would be. As far as the majority of the            
cost, it is education and doing assessments and providing the                  
energy fairs and materials for the public schools.                             
                                                                               
Representative Martin - It seems we've be doing this for a number              
of years. How many years have we been running this through the                 
Federal moneys and how does this conflict with the Power                       
Equalization Program which in my opinion encourages the rural                  
community to use as much energy as they can and we reimburse them              
so we really have a conflict there of two forces running against               
each other.                                                                    
                                                                               
(End, Tape 2: LB&A-980210 Tape 2 Side 1)                                       
                                                                               
Mary Riggen-ver - and often when you have a large electric bill you            
may not know what is causing that bill to be so high. It may be one            
of the particular items or appliances you are using and this is                
something that you've identified that could be replaced and you are            
helped decide what is the best type of product to buy to save you              
the most money in the long run. Those are the things that you're               
helped with.                                                                   
                                                                               
Representative Martin - Alaska Housing Finance Corporation has been            
doing this for years as well as the Homebuilders Association. We've            
paid them very well but I take this as another load of money to go             
out into RURALCAP areas to keep people employed.                               
                                                                               
Chairman Phillips hearing objection called for a roll call vote.               
                                                                               
Yea:  Senator Pearce, Representative Croft                                     
                                                                               
Nay:  Representative James, Representative Therriault, Senator                 
Halford, Representative Martin, Senator Phillips                               
                                                                               
Chairman Phillips - The motion FAILED by a vote of 2-5.                        
                                                                               
Chairman Phillips moved RPL#06-9-0140 to the bottom of the calendar            
to correspond with the discussion on the Western Alaska Disaster               
Relief Status Report.                                                          
                                                                               
Representative Martin MOVED to approve RPL#09-9-0058, Military &               
Veterans Affairs, Participation in State Fair and Municipal League             
Conference, $32,182 Federal Receipts-FEMA.                                     
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
Representative Martin MOVED to approve RPL#09-9-0059, Military &               
Veterans Affairs, Participation in FEMA sponsored Project Impact,              
$50,000 Federal Receipts.                                                      
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
Chairman Phillips moved RPL#10-9-4021 CIP, Natural Resources,                  
Purchase an estimated 41,000 acres of land on Northern Afognak                 
Island to the bottom of the calendar.                                          
                                                                               
Representative Martin MOVED to approve RPL#10-9-4016a, Natural                 
Resources, North Slope Borough Natural Gas, $136,220 Statutory                 
Designated Program Receipts.                                                   
                                                                               
Greg Swank - It has been formalized.                                           
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
(Representative James left the meeting)                                        
                                                                               
Representative Martin MOVED to approve RPL#20-9-0003, Corrections,             
Female Offender Residential Substance Abuse Treatment Program,                 
$51,104 MHTAA Receipts.                                                        
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
Representative Martin MOVED to approve RPL#20-9-0006, Corrections,             
Existing Community Residential Center, $325,000 Federal Receipts.              
                                                                               
Chairman Phillips clarified Mr. Teal's statement that he was not               
sure how this subsection was going to be implemented. It was                   
clarified with Legal Services.                                                 
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
Representative Therriault raised a question on a prior approved                
motion. - FEMA provided $32,000 receipt of these funds will replace            
general funds previously earmarked to use for Federal programs.                
This is one of those areas where we freed up general funds, should             
we take the reduction in Federal funds or allow them to be shifted.            
I'd like to get more information on what is going on.                          
                                                                               
David Liebersbach - Acting Director of Emergency Services - The                
extra FEMA funds made available at the end of `98, that is Federal             
98 money made available to us we would like to apply to a couple of            
projects so we could free up state money that we can match with                
other Federal receipts that we have available. Now primarily we                
will use other Federal receipts, those other funds Federal and                 
State to augment some training. We have the training already to be             
presented and this would be used to bring local responders into the            
training.                                                                      
                                                                               
Representative Therriault - We authorized a general fund match for             
a special program; we don't need it all now so we are shifting it              
to something else. I'm not sure what we are shifting it to; were we            
short on matching on some other Federal pot and if so, why?                    
                                                                               
David Liebersbach - I can't say we are short in matching some other            
Federal pot because we are just now getting our Federal year 99; we            
haven't actually got it. We would anticipate there will be                     
additional add on moneys like there was on this particular one                 
throughout the year, the Federal year.                                         
                                                                               
Representative Therriault - Are we being asked to give blanket                 
approval from this day forward to take that pot of freed up general            
funds and just match these additional Federal funds that might                 
become available?                                                              
                                                                               
David Liebersbach No I think that if we get more Federal funds we              
will have that, Federal authorization for those funds. We will have            
to come back here.                                                             
                                                                               
Representative Therriault - If we don't capture additional Federal             
funds will there be a general fund balance which will carry forth              
potentially to the end of the fiscal year and would lapse but by               
passing this we would give you authorization to spend?                         
                                                                               
David Liebersbach - The state general matching funds will be used              
as we planned to use them which would be for the AML and state fair            
but if we get the Federal funds that are eligible to be applied to             
those we would free up those state funds and apply them to the                 
training. If we don't take the Federal funds then we will have to              
use them where we are authorized to use them.                                  
                                                                               
Representative Martin MOVED to approve RPL#21-9-0007, Community &              
Regional Affairs, Rural Utility Business Advisor Program, $100,000             
Federal Receipts.                                                              
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
epresentative Martin MOVED to approve RPL#21-9-0068, Community &               
Regional Affairs, Southeast Alaska Community Economic                          
Revitalization Team, $10,000 Federal Receipts.                                 
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
In regard to RPL#09-9-0002 CIP, Military & Veterans Affairs, AK                
National Guard, Federal Scout Armories, $1,350,000 Federal Receipts            
and RPL#10-9-1014 CIP, Natural Resources, Parks & Recreation Mgmt,             
Parks Mgmt, Symns Rec Trail, $300,000 Federal Receipts, Mr. Teal               
stated that at the last August meeting, the Committee approved both            
capital requests and we looked and the language is missing from the            
capital budget that allows us consideration of excess Federal and              
other receipts. I faxed a memo with a Legal Services opinion.                  
Without detailing the problem, I think the solution is what you                
care about it; your actions were appropriate or legal; we just need            
to clarify to OMB that the basis for the approval was not                      
necessarily what you thought it was but it's okay. It will help to             
clarify it through a letter. I would recommend not telling them how            
to do it, just tell them there is a problem and they can figure out            
how to rectify it.                                                             
                                                                               
Chairman Phillips requested Mr. Teal draft the letter.                         
                                                                               
Representative Croft MOVED to approve RPL#10-9-4021CIP, Natural                
Resources, Purchase an estimated 41,000 acres of land on Northern              
Afognak Island, $74,397,953 EVOSS.                                             
                                                                               
Senator Halford - I think there is a legitimate question as to                 
whether it is in order for this Committee to take action that is               
prohibited by the State Constitution.                                          
                                                                               
David Teal - I asked Legal Services about it. They said there would            
be no difference in your failing to consider it or rejecting it. It            
wouldn't prejudice the issue either way. It is probably better to              
reject it than not consider it. The letter to OMB on the other CIP             
RPL's could include that you rejected it for these reasons.                    
                                                                               
Representative Croft - I thought it would give the Committee an                
opportunity to put those objections on the record.                             
                                                                               
Senator Pearce - Well, this question has been floating around so               
I'd like to see how the legal authority for this Executive Branch              
responds.                                                                      
                                                                               
Molly McCammon - Executive Director, Exxon Valdez Oil spill Trustee            
Council - We just got a copy of the legal opinion yesterday and                
haven't had a chance to look at it. We believe this proposal is                
properly before you. We've had 25 similar RPL's before you in the              
last five years in which you have taken action on. We believe this             
one is consistent with those RPL's; there is no difference between             
them.                                                                          
                                                                               
Representative Martin - Just because we did something wrong in the             
past doesn't mean we should continue.                                          
                                                                               
David Teal - There is no other opinion. This request came to us to             
late and we'd already asked Legal Services on the prior two.                   
                                                                               
Chairman Phillips hearing objection called for a roll call vote.               
                                                                               
Yea:  Representative Croft                                                     
                                                                               
Nay:  Representative Therriault, Senator Halford, Senator Pearce,              
Representative Martin, Senator Phillips                                        
                                                                               
Chairman Phillips - The motion FAILED by a vote of 1-5.                        
                                                                               
Senator Halford - The settlement was a negotiated deal that used a             
process which has had constitutional questions from its inception.             
If we are getting into the discussion about how the approval                   
mechanism works then we as a Committee should request free analysis            
from Legal Services. Is our disapproval a statement of the specific            
item or a process question?                                                    
                                                                               
Chairman Phillips - Mr. Teal, would you honor Senator Halford's                
request.                                                                       
                                                                               
Representative Therriault - Also referencing the last five year's              
actions.                                                                       
                                                                               
Tracy Cramer - Exxon Valdez Oil Spill Settlement Council, ? Rescue             
Center - The Shulak land acquisition, the Horseshoe Bay                        
acquisition, the ....                                                          
                                                                               
Representative Therriault - Were those all yours with the lack of              
this language in the capital budget?                                           
                                                                               
Tracy Cramer - That's the problem. Legal Services has determined               
that the legislature had to previously look at an action on ? so               
LB&A can't now take action.                                                    
                                                                               
Representative Therriault requested the list of those actions.                 
                                                                               
Tracy Cramer - Last year the corporation ? the same language ?                 
                                                                               
Chairman Phillips requested Mr. Teal follow through on that                    
request.                                                                       
                                                                               
OTHER BUSINESS - WESTERN ALASKA DISASTER RELIEF STATUS                         
                                                                               
REPORT                                                                         
                                                                               
David Liebersbach - Acting Director, Division of Emergency Services            
- The Governor declared a disaster on the third of June for lack of            
fisheries in Western Alaska, including Bristol Bay, the upper Yukon            
drainage for a total of 99 communities. The second disaster                    
declaration on September 16 included or added four more communities            
for a total of 104 communities.                                                
                                                                               
Senator Halford - In the definition of a disaster area, you are                
including basically all of Western Alaska, the coastal areas and               
then up river Yukon and Kuskokwim to what point at the high point?             
                                                                               
David Liebersbach - On the Yukon to Eagle, Canadian Border and the             
entire Yukon drainage and Koyukuk and Bettles.                                 
                                                                               
Senator Halford - What about the Kuskokwim?                                    
                                                                               
David Liebersbach - Not the entire Kuskokwim. Not McGrath. I                   
believe Aniak. We do have a map with all communities involved.                 
                                                                               
Representative Martin - I'm concerned that the Governor and                    
administration may be expanding what we normally consider a                    
disaster from an active disaster of a flood or earthquake or                   
volcanic eruption to what is economic and where does the Department            
fit in. I think you're being used; you have to follow orders, of               
course, and this is strictly an economic thing rather than a                   
natural disaster. Have we expanded the word or has the Governor and            
Legal Services for some reason other enlarged this concept?                    
                                                                               
David Liebersbach - No, I do not believe so because the                        
determination on the cause of this disaster was linked very                    
scientifically if you will. I wasn't involved in that but I                    
understand it was linked to the El Nino and the forming of the                 
waters that cause the lack of salmon from coming the second year in            
a row.                                                                         
                                                                               
Senator Halford - I thought there was a new Washington report that             
came out which said the opposite? That it wasn't El Nino but it was            
the variability of the fisheries itself. Didn't that just come out             
in the last two or three days?                                                 
                                                                               
David Liebersbach - I'm not aware of that report but it's possible.            
                                                                               
Senator Halford - It was a news item at the time it came out.                  
                                                                               
Representative Martin - But El Nino didn't discriminate on certain             
rivers and coastlines. El Nino affected everything on the Pacific              
Rim so why are we saying just certain regions? If El Nino is to                
blame so everyone in South East, Cook Inlet, etc., should share.               
                                                                               
David Liebersbach - Operationally we put 11 mobile teams managed               
out of a central Bethel location to take applications from                     
communities in Western Alaska, Bristol Bay and lower Yukon. Four               
mobile teams were managed out of Fairbanks managing the upper Yukon            
and Koyukuk. This has been going on through August and all of those            
teams are back out of the field and all of our field operations are            
completed. Additionally managed out of Bethel was processing and               
delivering of fish to three coastal communities in lieu of                     
subsistence stock. We also coordinated operation with volunteer                
organizations through VOFATD; that organization was headed by Red              
Cross and coordinated with them for any kind of volunteer or                   
donations to meet unmet needs that we could round up.                          
                                                                               
Senator Halford - What were the communities where purchased fish               
was delivered?                                                                 
                                                                               
David Liebersbach - Cooper Bay, Chevak and Salmon Bay. What the                
declaration called for was the emergency living expense program                
that you have a hand out that describes the eligibility. It                    
included salmon fishing vessel permits, crew permit on those                   
vessels and fish processing plant. Those that live permanently in              
the declared areas were eligible for the emergency living expense.             
                                                                               
Senator Halford - How did you determine where the people worked in             
the process?                                                                   
                                                                               
Diane Alcantra - Recovery Manager, Emergency Services - Through                
their 1099 for the prior year.                                                 
                                                                               
Senator Halford - If they worked one day in a processing plant                 
during the prior year they were eligible? An awful lot of that is              
seasonal and some of the areas you are talking about had so little             
economic activity in good years so I wonder where some plants work             
for a week and that was it and others haven't worked for years.                
                                                                               
Diane Alcantra - We accepted their information and self                        
declaration.                                                                   
                                                                               
Senator Halford - Any income from fisheries regardless of how small            
made them eligible if you worked in one of the three categories.               
                                                                               
David Liebersbach - The monetary eligibility was the maximum of                
$1500 per person or maximum of $5000 up to $5000 per family. It was            
to be applied only towards food and that was other than those who              
were food stamp eligible but same types of food, electricity, water            
or sewer and fuel for heater purposes. The awards if you were found            
eligible you award would be dispensed via authorization to a vendor            
and payment to a vendor can be half of the recipient for those                 
things based on the recipient's designation of how they would like             
that award dispersed. The status of the program right now again on             
the fact sheet given to you at the bottom shows that we have taken             
5343 applications; we've approved 2424 of those; we expect to                  
complete the application approval process by the end of October and            
disbursement of those approved moneys to the vendors will be by the            
middle of November. We are still taking applications via 1-800 and             
that will be available until October 31. We anticipate more                    
applications; right now they are running about 30 new applications             
a day.                                                                         
                                                                               
Senator Halford - have you dispensed the new applications yet?                 
                                                                               
David Liebersbach - Yes, we have.                                              
                                                                               
Representative Croft - On what basis were you rejecting the                    
applications? On what were the most rejected?                                  
                                                                               
Diane Alcantra - Not a resident of the effected areas or didn't                
work in the effected industry.                                                 
                                                                               
David Liebersbach - The fish program total of 12,000 fish were                 
acquired chum salmon; they were processed, frozen and shipped 8150             
of those salmon to the three communities and it is in lieu of their            
normal subsistence take. Whatever remaining 3900 fish yet to be                
shipped and those are pending freeze up as the folks don't have the            
capability of maintaining them out there particularly with                     
potential electrical cutoffs.                                                  
                                                                               
Senator Halford - How does that compare with their normal                      
harvest?                                                                       
                                                                               
David Liebersbach - We have Fish and Game in developing the needs,             
etc., and I can't give you that answer right now.                              
                                                                               
Diane Alcantra - I believe it is somewhat less; it was based on                
what leaders canvassed community.                                              
                                                                               
Senator Halford - Is the fish all for human consumption?                       
                                                                               
David Liebersbach - Yes, we are not providing fish for dog food.               
There is through the volunteer organization an effort to get fish              
for dogs in communities on the Yukon.                                          
                                                                               
Senator Halford - Do you have any idea what you paid for the fish              
per pound?                                                                     
                                                                               
Carol Carroll - I do not have it available but will get the                    
information. We do have it; I just don't have it calculated out.               
                                                                               
Senator Halford - I just hope the state paid the average market                
value instead of more.                                                         
                                                                               
David Liebersbach - We purchased the fish, paid to have them                   
processed and shipped. They were not hatchery fish; they were                  
purchased through a fish purchasing in Kotzebue and processed in a             
processing plant and stored in Unalakleet and shipped to the                   
communities in need.                                                           
                                                                               
Senator Halford - How did you account for the money in terms of the            
source of the appropriation? What are the source of funds for the              
expenditures? What is the balance in the disaster relief fund?                 
                                                                               
David Liebersbach - It came from the disaster relief fund.                     
                                                                               
Diane Alcantra - I don't know what the balance is.                             
                                                                               
Carol Carroll - The balance of the disaster relief fund at the time            
of the declaration was $20,000; I do believe it is that right now.             
                                                                               
Senator Halford - So there was $20,000 in the fund and you've spent            
$7 million, where does the money come from?                                    
                                                                               
Carol Carroll - There is a process in Statute where you can go and             
access money to spend before coming to do a supplemental. We will              
be coming to the Legislature for a supplemental. We did follow the             
process in Statute.                                                            
                                                                               
Senator Halford - The process in Statute deals with going to other             
appropriations transferring appropriations in a kind of priority               
series. You did not attempt to transfer or look at any other                   
appropriations?                                                                
                                                                               
Carol Carroll - We worked through the Division of Finance and we               
have a Memorandum of Understanding with them. It is the same way               
that we do the DNR fire.                                                       
                                                                               
Senator Halford - Are you familiar with the opinion that was                   
circulated a couple of weeks ago on that process?                              
                                                                               
Carol Carroll - No, I am not.                                                  
                                                                               
Senator Halford - But there was no effort to utilize other                     
appropriations or transfer appropriations into the availability                
account or whatever the disaster relief fund is called?                        
                                                                               
Carol Carroll - Not to my knowledge.                                           
                                                                               
Senator Halford - It still comes back to the same question. The                
Constitution says that money can be expended subject to an                     
appropriation. Somewhere there has to be a book that has an                    
appropriation that this expenditure is coming from.                            
                                                                               
Carol Carroll - This is the same process we have used for almost               
all of the disasters I am aware of if we didn't have money in the              
fund.                                                                          
                                                                               
Representative Martin - I would disagree with that Senator Halford.            
We are usually talking about natural disasters; this is one which              
was generated as an economic one and I would say other regions                 
experienced disasters, i.e., crab, and they didn't get any relief.             
I think you are stretching the rules by saying this is similar to              
a natural disaster. In a lot of those places we get reimbursed by              
the Federal Government when we use general funds; we are not going             
to be reimbursed this time for an economic disaster.                           
                                                                               
Representative Croft - What legal opinion was Senator Halford                  
referring to? Is that the way you want ????                                    
                                                                               
Senator Halford - It's probably the same response I got when I                 
asked. I don't know who to ask the question but the disaster                   
Statute is very specific in terms of how you go through the process            
to get money and I don't know whether, you guys are trying to                  
manage and operate programs and you are talking about probably the             
three poorest communities in Alaska and even in a good year they               
are so in a bad year I don't want to act like I don't care about               
buying fish to give to Hooper Bay; I don't. I don't have a problem             
with it but the process requires an appropriation and you have now             
got $7.5 million and somewhere someone has had to appropriate some             
money.                                                                         
                                                                               
(End, Tape 2: LB&A-980210 Tape 2 Side 2)                                       
                                                                               
Representative Therriault - It says here that the eligibility                  
limits will be set at the highest allowed to serve the largest                 
population; so what were the limits set at?                                    
                                                                               
Mary Riggen-ver - 60% of median income for Alaska. It is roughly               
equivalent to 150% of poverty.                                                 
                                                                               
Senator Halford - What are the Federal guidelines for poverty for              
a family of four.                                                              
                                                                               
Representative Martin - It's $28,000 for a family for four.                    
                                                                               
Janet Clarke - I would like to point out that this low income home             
energy assistance program is part of the $10 million package                   
Senator Stevens worked to get for the State of Alaska. The bulk of             
the funds $8.3 million are already going out to tribal entities                
(tape inaudible, blowing), Yukon Kuskokwim Bristol Bay (tape too               
faint) to complete the package. Other regions have received the                
funds directly from the Federal Government. This is the Bristol Bay            
region share. We felt that it would help make funds available for              
longer times during the winter. Currently, we are able to serve an             
average of about 35 ? during the winter or three months over the               
winter.                                                                        
                                                                               
Representative Martin - According to the latest Department of Labor            
Bristol Bay is the richest area not only in Alaska but in the                  
Nation per capita income. It has always been up there.                         
                                                                               
Janet Clarke - This will go to low income people who live in                   
Bristol Bay.                                                                   
                                                                               
Representative Croft - Why does this money have to come through us?            
What route did the other money take and why did this take the same             
route?                                                                         
                                                                               
Mary Riggen-ver - In several areas of Alaska the block grant is                
administered directly by tribal organizations and the state handles            
the balance. The Bristol Bay is one handled by the state so the                
money directly to the tribes that are directly managing the block              
grant recipients and the state take the money for the area which is            
Bristol Bay.                                                                   
                                                                               
Senator Halford - What is the eligibility number again for a family            
of four?                                                                       
                                                                               
Janet Clarke or Mary Riggen-ver - I think 150% of $28,000. I know              
$42,000 doesn't sound right. When we were doing children self                  
expansion at 200% poverty was at about $40,000; I'm not sure.                  
                                                                               
Senator Halford - What do they get?                                            
                                                                               
Mary Riggen-ver - I don't have the figures but it seems to me for              
a household of one the 60% of median income was about $1080 for a              
month and as far as the grant amounts we're looking at an average              
for household between $2000-3000, probably around $2500 and it                 
depends on household size and income.                                          
                                                                               
Senator Halford - So this is $2000-3000 on top of the $5000 in the             
direct grant?                                                                  
                                                                               
Mary Riggen-ver - No, this would be the only funds they have in                
this area.                                                                     
                                                                               
Senator Halford - I was just going to say I still have a question              
about ? but if we are trying to match ? fair we can't very well say            
let's give it to everyone else through a tribal entity and those               
who come to the state and try to work with the state you can't have            
it. That is less than ?; this may be the right deal for everyone               
else, defeating it will have an unfair outcome.                                
                                                                               
Senator Pearce - How is it actually paid out? Is it after the fact             
that the person pays their energy assistance which I assume is to              
help pay their electric bills or does the person pay their bill and            
we reimburse them or do we pay a percentage of the bill. ? - Grants            
are paid out directly to the vendor and we can allocate part of the            
grant to oil and part to electricity and basically it is what they             
tell us on their application as to how they want it. It's made as              
a direct payment so if they have past due bills it goes to pay past            
due as well as current or future.                                              
                                                                               
Senator Halford MOVED to approve RPL#06-9-0140, Health & Social                
Services, Emergency Energy Assistance, $1,700,000 Federal Receipts.            
                                                                               
Chairman Phillips hearing no objection, the motion was APPROVED.               
                                                                               
David Liebersbach - You have the financial plan and budget before              
you. Other state programs involved in this was a waiver or                     
refunding permit fees except for the $15 retained for (tape                    
inaudible). Waiver of the PCE cap for these folks                              
                                                                               
Senator Halford - Was this for residents of the effected area only?            
                                                                               
David Liebersbach - Yes                                                        
                                                                               
Senator Halford - We may get a challenge from outside permit                   
holders on the differential between in-state and out-of-state                  
permit fees? The second thing you said was a waiver of the PCE so              
they'll be able to spend more than $7.50, the amount now. That, of             
course, is drawing down ? appropriated account which means the PCE             
account goes bankrupt quicker? ? - I believe, the PCE issue was not            
becoming eligible for ? because they were not paying their bills               
directly. I don't do that program but that was what I understood.              
So that because we pay the vendors for them then they ? not                    
eligible for the (tape inaudible, coughing).                                   
                                                                               
Senator Halford - Well, that is an administrator's question.                   
Waiving the cap has an effect on the Feds ? Program. I may have                
misstated that; I don't believe the cap was waived. Maybe I'm wrong            
on that.                                                                       
                                                                               
Annalee McConnell - The PCE Program normally the utility bills are             
paid by the person and because in this case the payments are being             
made to the utility company and not as cash grants to individuals              
we had to make an accommodation for that. Any payments made on                 
behalf of a person to the utility company could count for PCE. It              
does not change the amount the person would be eligible for or the             
utility would get. It is simply an administrative matter. The whole            
aim of this program was not to do direct cash grants but make the              
money available for the most essential living needs like the                   
utilities and food and otherwise we would have had an bad situation            
for both the utilities and customers. `we were already having                  
people who were getting cut off notices and having their service               
cut off.                                                                       
                                                                               
Senator Halford - So that has no cost; it is part of the cost of               
the other program?                                                             
                                                                               
Annalee McConnell - Yes, there is no cost impact to it at all.                 
                                                                               
Representative Martin - It does have a cost. I really think this               
whole thing is getting to the legislators' authority in receiving              
money and spending money, you're not only expanding money without              
proper authority but you are cutting off revenue that go to                    
agencies of the state and I don't think you have the right to do               
that. Let the legislature battle it out but I really think under               
the name of emergency you went too far with constitutional                     
responsibility that belongs to the legislature.                                
                                                                               
David Liebersbach - At this point in time there are several                    
programs that the Governor is putting in quite a bit of time with              
the Congressional delegation and different Federal organizations to            
bring more money into the state. At the original declaration we                
requested a FEMA declaration; that although in writing has not been            
for all practical purposes was turned down because FEMA didn't want            
to set a precedent; they have an issue on both West and East Coast             
long term issues of low fisheries so they did not want to set a                
precedent with that.                                                           
                                                                               
Senator Halford - Has FEMA ever declared an economic disaster?                 
                                                                               
Annalee McConnell - FEMA has twice declared fisheries disaster,                
once in Washington State in the `80's and once in Alaska in the                
late 70's. They have been concerned about their budget situation               
right now and although they did not directly provide a FEMA                    
disaster, FEMA is heading up and actually Secretary Wick himself is            
heading up an international agency to provide financial assistance             
to Alaska.                                                                     
                                                                               
Senator Halford - While FEMA didn't do that, FEMA has been heading             
up this task force of multiagencies a result of that was the                   
receipt of $10 million from the Department of Energy which is an               
emergency fund they have and that was Federal money available. is              
that the money that went through the tribal organization in the                
interior and we just approved ...                                              
                                                                               
David Liebersbach - That is correct. The SBA has declared this a               
disaster and they do currently have teams in Alaska going out and              
taking applications for low interest loans. The SBA's program                  
includes political subdivisions which are antiguous to the area to             
the declared areas. As an example it includes some of the areas                
like Kenai Peninsula for the low interest loans.                               
                                                                               
Senator Halford - So if you have a boat loan, a permit loan and you            
didn't make any money two years in a row and you live in Kenai or              
Mat-Su or somewhere else and you are an Alaska resident you can                
access the SBA program if there is a way to consolidate or somehow             
guarantee a loan? ? - You can apply for low interest loan at 4% for            
a working capital loan to pay your expenses so there is some                   
flexibility ? gearing up costs.                                                
                                                                               
Senator Halford - What about area of eligibility for that loan?                
                                                                               
? - It has to be in the disaster area or one of the political                  
subdivisions and you had to have been effected by the disaster.                
                                                                               
Senator Halford - So if you are a Bristol Bay fisherman who lives              
in Kenai you are eligible; are you eligible if you live in the                 
Mat-Su Borough?                                                                
                                                                               
David Liebersbach - Also the FDA, Department of Agriculture through            
food banks has provided a couple hundred thousand dollars worth of             
food primarily to the school system ? school lunch program to                  
effected communities out there to feed. The Bureau of Indian                   
Affairs has provided some emergency assistance funds I don't have              
a figure on that.                                                              
                                                                               
Senator Halford - Are they going through state appropriation or                
directly                                                                       
                                                                               
David Liebersbach - Those are going directly through the Federal               
agencies such as DIA; likewise I believe with the food bank. There             
are a myriad of other what appears to be other Federal sources that            
are coming in; money from different agencies to and it is varying.             
Right now they are going through there `99 budget but Senator                  
Steven's has tagged on to some bills a total of another $50 million            
in Federal money. Not all that would come direct to the state; some            
of that will go to SBA to about $5 million for them to back up                 
their programs that they are doing now. It does include quite a bit            
of money for direct branch to the communities and it provides for              
some money to reimburse or basically the state to recover some of              
its cost. It is similar to but not like the FEMA program. Some of              
it is very new. It comes through the Department of Agriculture and             
I believe the Department of Commerce so there is a multitude of                
ways additional $50 million that have not been approved or assigned            
yet but between the Congressional delegation and the Governor's                
office in Washington and here quite a bit of work is going on.                 
Annalee McConnell can provide further details on that issue.                   
                                                                               
Chairman Phillips - I would like to have a copy of this, send it to            
the Legislative Budget & Audit Committee members and perhaps the               
Finance Committees. I am tell you you are going to have more                   
questions coming. This is the first time I've seen a layout of what            
areas to the state. I've been reading about it but I couldn't                  
visualize it.                                                                  
                                                                               
Representative Therriault - The possibility of an additional $50               
million from Congress will that allow for the ? in the state                   
general fund and your total here of $7.8 million is that just                  
obligated and the number might be higher?                                      
                                                                               
David Liebersbach - Yes, we expect that we may need - the remaining            
applications that have not been processed at this time that those              
applications that are approved will probably take up the remaining             
$4.1 million out of the original $12 million finance plan.                     
                                                                               
Senator Halford - You listed that one of the things you are taking             
into (tape inaudible, paper shuffling) is $1.5 million match for               
last year's program. That program was a combination of municipal               
grants and $500 to each individual I think they were loans at that             
point, what happened to that program? After we adjourned, there was            
the statement the communities couldn't make the match and that                 
program was dying but is that program in place and the other                   
program is on top of it or what's happened to that.                            
                                                                               
David Liebersbach - The Magnuson Stevens money which I believe you             
were referring to required a match by either from communities or               
from the state. Most of the communities were unable to match and               
has been sitting there With this declaration they have allocated               
$1.5 million of this $12 million grant to provide that match so                
that program can go forward.                                                   
                                                                               
Senator Halford - And that program included municipal grants for               
stream work and activity in municipalities and also helped                     
municipalities with lost tax revenues from fishing taxes, etc., the            
answer included an individual low interest, no interest loan                   
program, that didn't have that much interest initially because it              
was such a small amount, but what happened to that program?                    
                                                                               
David Liebersbach - I don't have a solid answer on; that; that                 
program was administered by ? (tape inaudible, paper shuffling) so             
I don't have details on it. It was administered by CCRA.                       
                                                                               
Senator Halford - Does anyone in Juneau know what happened to that             
program?                                                                       
                                                                               
Annalee McConnell - The might recall that at the end of the session            
there were no general funds provided to match the Federal Magnuson             
Stevens money of over $7 million and we did say at that point that             
if we were able to secure an arrangement with the Feds where they              
would accept in kind or we were able to match projects up we would             
actively pursue that, however, that has not panned out and of                  
course we now have a situation for the second year in a row of                 
these communities hit very hard by lack of fish runs. Their ability            
to match those Federal funds is basically nonexistent. The whole               
point of that program was to provide jobs in the communities on                
various kinds of community construction projects. There was no                 
individual assistance ? part of the Magnuson Stevens act it was all            
in this area of community projects to try to provide some                      
replacement income.                                                            
                                                                               
Senator Halford - Wasn't there something out of the commercial                 
fishing revolving loan fund that was part of that                              
                                                                               
package?                                                                       
                                                                               
Annalee McConnell - I don't think that was the particularly part of            
the Magnuson Stevens Act, the declaration. The revolving loan fund             
has been working with fishermen the last two years to restructure              
boat loans that are held through that program.                                 
                                                                               
Senator Halford - This was an individual program that I thought was            
at least at the point it is explained at the same time the                     
appropriations bill was put on in Finance and then got changed to              
I guess a community program receipts or something. I thought it was            
in the same bill.                                                              
                                                                               
Annalee McConnell -No, There was a piece of impact to the fisheries            
loan program I don't know the dollar amount off the top of my head             
but I'm pretty sure that was not part of the Magnuson Stevens Act.             
If I can check it though, if I'm wrong I will let you know.                    
                                                                               
Senator Halford - I bet it was Representative Ivan's bill but that             
bill had all the stuff in it I thought. I don't know who to request            
it of but I would like to have somebody or perhaps Ms. McConnell               
coordinate what is available in combination of currently approved              
and things that are working their way along in consort relief to a             
family of four, pick a community, that live in Quageluk. What does             
the package represent to them and I would also like to know how it             
compares to their income from the fishery on the average was in the            
past. On the one hand we are dealing with a lot of these and these             
are the poorest communities in the state but within the region they            
are also the richest communities in the state and their worst year             
they have probably ten times the average income as Hooper Bay,                 
Chevak, Scammon Bay. I would like to know how the allocation of                
this benefit goes based on what we all know is the real need of                
those communities.                                                             
                                                                               
Annalee McConnell - Senator Halford, we can certainly do that; I               
can give a lot of it to you right off the top of my head. To put it            
in perspective in a typical FEMA disaster such as what we had with             
the Miller's Reach fire the maximum aid which would have been                  
available to a family would have been $13,400. We do not expect to             
come anywhere close to that amount of aid per family here and I                
must point out the families in this art of the state although there            
are certainly exceptions are at the low poverty level. They're also            
in communities where there are no other jobs. The individual we                
spoke to the Mat-Su Valley to drive to another job the business                
they worked for burned down. That kind of situation. We don't have             
that of course in the villages. so the assistance we provided, the             
$1500 in basic living expense for food, home heating fuels,                    
electricity in many cases is only going to be $1500 for a family               
and I think there is something David Liebersbach said which might              
have been a little confusing to you. he said that our program was              
$1500 per individual for a maximums of $5000 per family but the                
only get up to $5000 if you have more than three people in the                 
family. You only get $5000 if you have more than three people in               
the family if you have three direct fisheries jobs, the permit                 
holder, the crew licensee or fish processing operator. So if there             
is only one person in the family who has a commercial fishing                  
income then the maximum with $2500 even if they have three                     
children. That is really a very small amount of money. Mary                    
Riggen-ver mentioned we able to get licenses funds; that is                    
obviously a very critical factor in Alaska in these villages if you            
are not going to have a home heated over the winter you are going              
to have people freezing to death so the amount we are looking at               
there is probably $2500 maximum per household if they meet the                 
income eligibility so which people who are not going to get that               
program. Also the aid which we are hopping to secure through the               
Federal Government which Senator Stevens' is working on would be               
limited to people who were below the Federal poverty level. So I               
don't think we are going to have a situation where somebody has a              
permit or happens to be able to make a lot of money this year is               
going to get a tremendous amount of money this year; in fact, the              
aid is going to the people who needed it the most. It is going to              
very basic things of food, fuel, electric water and sewer service.             
                                                                               
Senator - You will get back with us on how all the information is              
put together.                                                                  
                                                                               
Annalee McConnell. Yes. Some of it we may not know for a while                 
depending on the timing of the Federal funds but we can certainly              
give you write up what we told you families would be getting. It is            
sometime hard when you aren't in the villages to remember the kind             
of impact when you have so many people in the community who are                
dependent both on subsistence and commercial fishing for their                 
entire year's income and it was (too faint) to get some of the                 
Federal agency people to understand that this is different from a              
normal disaster that they might deal with like a hurricane where               
someone may not be able to go to their job two-three weeks but                 
three months from then they will have a job. In this case, if you              
miss fishing you don't have enough income over the winter and I                
think they do understand that now. In helped a tremendous amount               
when Secretary Daly came out and visited some of these villages and            
we were able to arrange for some people from other Federal agencies            
to come up here so they really did finally get that message.                   
                                                                               
Senator Halford - I don't see this package being a bad thing for               
anyone but I am concerned with the appropriation question, the                 
constitutionality of the disaster relief fund. I supported this in             
the general fund for last year's program but I do think the                    
constitutional question is almost overwhelming and I would like to             
see if OMB can request from the Attorney General's office a written            
opinion of how that Statute works, its constitutional affirmative              
I hope they would say; the legislature would say in affirmative and            
what process was followed. And I recognize that the process that               
has not been followed in the past, not that it was just always done            
this way. I think that is not the real answer. If the process is               
wrong then whenever it gets down to individual benefits someone                
from another region is upset because their economic disaster didn't            
get declared because there weren't enough people or something. I               
think if we have a constitutional question your process is in                  
danger of being enjoined by a Judge on constitutional grounds and              
that could happen fairly quickly if somebody were apt to go after              
it. We've had great programs defeated by attorneys one with I think            
Zoebel very quickly in the past.                                               
                                                                               
Annalee McConnell - I will talk to the Department about that; we               
did of course follow the procedure in which the Governor sends a               
letter to the President and Speaker and offers the opportunity of              
a special session and the Statute says that if they concur in                  
writing that a special session is not necessary one doesn't have to            
be held. We did outline in that letter that we would be requesting             
a supplemental. There are a couple of things that have made this               
situation more difficult. We no longer have a disaster fund that is            
funded in anticipation of disasters. We always have disasters in               
Alaska; they may not always be as large as this but we know we have            
them. In former years, there was a fund and we normally went first             
there and only when you got to a situation where you had either so             
many smaller ones or a big one was the fund tapped out. We have of             
course proposed to the legislature on a number of occasions in the             
last three years that now that many of the past disasters were                 
closed out which was the reasons the legislature stopped funding or            
we were told the reason they stopped funding disaster                          
appropriations we have cleaned those past disasters up and I think             
it would be appropriate to next session to talk about what is a                
responsible level for this disaster fund. The other thing is that              
obviously in the middle of a disaster is not the time to try to                
figure out if the practices have been followed for years have some             
problems with them but when the crisis is over I think it is                   
appropriate to take a look at it.                                              
                                                                               
Chairman Phillips - We will conclude that. The next thing we have              
is the Salary and Benefit Study mini report.                                   
                                                                               
Tom Williams - Senate Finance Committee Aide, Staff assisting the              
LB&A Committee - At your direction we took a look at all of the                
responses which came in from Committee members regarding the salary            
study. In addition, Legislative Auditor, Legislative Finance                   
Director and I each took a look at it in light of the comments and             
looked for technical issues; we met with KPMG and expressed some               
technical concerns and asked them to more thoroughly describe how              
they reached some of their conclusions, asked them to compare their            
samples to the broader composition of employees, and to tell us how            
much validity it had and didn't have. They were agreeable to do                
that, add some more definitions, make things clear based on the                
data already compiled and they will be coming back with a third                
draft for us to look at which will address those concerns. We                  
expect them to have a final report back to the Committee for                   
release next meeting.                                                          
                                                                               
Representative Therriault -I would just ask that the next draft be             
? more closely otherwise when we come out with the final product               
there is going to be a lot of confusion. A lot of these things                 
should be worked out before anything is turned out. I should have              
said something at a previous meeting; I was surprised that I                   
already had two two-inch thick documents that were radically                   
different in their findings and while I kept them to my self I'm               
not sure everyone else did.                                                    
                                                                               
Tom Williams - Yes, it will be scrutinized by staff; again there               
were a little different expectations of what that preliminary draft            
would be. It will be a different process.                                      
                                                                               
Representative Therriault - When will the next meeting be? What                
time frame are we talking about in the completion of the final                 
product?                                                                       
                                                                               
Chairman Phillips - That is up to me I assume; my guess it will                
probably be in the third week of November. Is that about the right             
time frame? First week in December? I want to avoid the                        
Thanksgiving Holidays.                                                         
                                                                               
Tom Williams - KPMG said they will be able to get this to us by the            
15th or late October.                                                          
                                                                               
Chairman Phillips - I'm looking at the third week in November;                 
first week in December for the next meeting. We'll make it before              
Representative Martin leaves.                                                  
                                                                               
ADJOURNMENT                                                                    
                                                                               
Chairman Phillips adjourned the meeting at 6:20 p.m.                           
                                                                               
(End, Tape 3: LB&A-980210 Tape 3 Side 1)                                       
                                                                               

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