Legislature(2003 - 2004)

08/26/2003 01:37 PM House BUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
        JOINT COMMITTEE ON LEGISLATIVE BUDGET AND AUDIT                                                                       
                       Anchorage, Alaska                                                                                        
                        August 26, 2003                                                                                         
                           1:37 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ralph Samuels, Chair                                                                                             
Representative Mike Hawker                                                                                                      
Representative Vic Kohring (via teleconference)                                                                                 
Representative Jim Whitaker (via teleconference)                                                                                
Representative Beth Kerttula                                                                                                    
Representative Bill Williams, alternate (via teleconference)                                                                    
                                                                                                                                
Senator Gene Therriault, Vice Chair (via teleconference)                                                                        
Senator Ben Stevens                                                                                                             
Senator Con Bunde                                                                                                               
Senator Gary Wilken (via teleconference)                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                              
Representative Reggie Joule, alternate                                                                                          
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
Senator Lyda Green, alternate                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
APPROVAL OF MINUTES                                                                                                             
EXECUTIVE SESSION                                                                                                               
REVISED PROGRAM - LEGISLATIVE (RPLs)                                                                                            
AUDIT REQUESTS                                                                                                                  
OTHER COMMITTEE BUSINESS                                                                                                        
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                              
CHERYL FRASCA, Director                                                                                                         
Office of Management & Budget (OMB)                                                                                             
Office of the Governor                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the RPLs to the Joint Committee                                                                  
on Legislative Budget and Audit.                                                                                                
                                                                                                                                
JANET CLARK, Director                                                                                                           
Division of Administrative Services                                                                                             
Department of Health & Social Services (DHSS)                                                                                   
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Presented   information  and   answered                                                               
questions  pertaining to  RPLs  06-4-0011, 06-4-0042,  06-4-0059,                                                               
06-4-0062, 06-4-0063, 06-4-0064, and 06-4-0065.                                                                                 
                                                                                                                                
RICHARD McMAHON, Chief                                                                                                          
Lands Records Information                                                                                                       
Division of Support Services                                                                                                    
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on RPL 10-4-5022.                                                                                
                                                                                                                                
MR. NICO BUS, Acting Director                                                                                                   
Division of Support Services                                                                                                    
Department of Natural Resources (DNR)                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on RPL 10-4-5023.                                                                                
                                                                                                                                
NANCY SLAGLE, Director                                                                                                          
Division of Administrative Services                                                                                             
Department of Transportation & Public Facilities (DOT&PF)                                                                       
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Presented   information  and   answered                                                               
questions pertaining to RPL 25-4-3287.                                                                                          
                                                                                                                                
DAVID TEAL                                                                                                                      
Legislative Fiscal Analyst                                                                                                      
Legislative Finance Division                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information  to the Joint Committee                                                               
on Legislative Budget and Audit, testifying on RPL 25-4-3287.                                                                   
                                                                                                                                
PAT DAVIDSON, Legislative Auditor                                                                                               
Division of Legislative Audit                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Provided information  on the  audit request                                                               
regarding  the  University  of Alaska,  and  clarified  questions                                                               
regarding other audit issues.                                                                                                   
                                                                                                                                
TINA CUNNING                                                                                                                    
State-Federal Issues Program Manager                                                                                            
Commissioner's Office                                                                                                           
Alaska Department of Fish & Game (ADF&G)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided  information and answered questions                                                               
pertaining to navigable waters and RS 2477s.                                                                                    
                                                                                                                                
BOB LOEFFLER, Director                                                                                                          
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided  information pertinent to navigable                                                               
waters and RS 2477s.                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-7, SIDE A                                                                                                             
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  RALPH SAMUELS  called the  Joint Committee  on Legislative                                                             
Budget and Audit  meeting to order at 1:37 p.m.   Members present                                                               
at the  call to order  were Representatives Samuels,  Hawker, and                                                               
Kerttula,  Senators  Ben  Stevens  and  Bunde.    Representatives                                                               
Kohring, Whitaker,  Williams and  Senators Therriault  and Wilken                                                               
were on line via teleconference.                                                                                                
                                                                                                                                
APPROVAL OF MINUTES                                                                                                           
                                                                                                                              
Number 0005                                                                                                                     
                                                                                                                              
REPRESENTATIVE HAWKER  made a  motion to  approve the  minutes of                                                               
July 9,  2003.  There  being no  objection, the minutes  from the                                                               
meeting of July 9, 2003, were approved as read.                                                                                 
                                                                                                                                
EXECUTIVE SESSION                                                                                                             
                                                                                                                              
Number 0007                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER made a motion  to move to executive session                                                               
for the  purpose of discussing  confidential audit  reports under                                                               
AS 24.20.301.  There being  no objection, the committee went into                                                               
executive session.                                                                                                              
                                                                                                                                
CHAIR SAMUELS brought the committee  back to regular open session                                                               
at approximately 2:15 p.m.                                                                                                      
                                                                                                                                
Number 0012                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER   made  a   motion  for   the  preliminary                                                               
statewide single  audit, audit control  number 1030017-03,  to be                                                               
released to  the appropriate agencies  for response, and  for the                                                               
final  release  of  the  0240003-03   report.    There  being  no                                                               
objection, the audits were released for response.                                                                               
                                                                                                                                
REVISED PROGRAM - LEGISLATIVE (RPLs)                                                                                          
                                                                                                                              
Number 0020                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER moved that the committee approve RPL 06-4-                                                                
0011, Increase  Real Choices Federal Grant,  Department of Health                                                               
and Social Services (DHSS).                                                                                                     
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                              
Number 0025                                                                                                                     
                                                                                                                                
CHERYL  FRASCA, Director,  Office of  Management &  Budget (OMB),                                                               
Office   of  the   Governor,   explained   that  because   DHSS's                                                               
reorganization  doesn't  allow  for the  transfer  of  sufficient                                                               
federal authorization to the newly  formed Division of Senior and                                                               
Disabilities  Services, this  request [for  $500,000] in  federal                                                               
receipts [will rectify] the situation.                                                                                          
                                                                                                                                
Number 0032                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  asked  if   the  existing  filled  non-                                                               
permanent program coordinator [position]  was being paid from the                                                               
same $75,000 as the personal services position.                                                                                 
                                                                                                                                
JANET  CLARK,  Director,  Division  of  Administrative  Services,                                                               
Department of Health & Social  Services (DHSS), responded that it                                                               
was the same $75,000.                                                                                                           
                                                                                                                                
CHAIR SAMUELS removed  his objection and asked if  there were any                                                               
further questions.                                                                                                              
                                                                                                                                
REPRESENTATIVE KERTTULA  asked if  existing money was  paying for                                                               
the coordinator position or if additional funds were needed.                                                                    
                                                                                                                                
MS.  CLARK explained  that in  FY03,  approximately $150,000  was                                                               
spent for  this particular grant.   Two  errors were made  in the                                                               
budget development:   federal  authority wasn't  transferred from                                                               
the   previous  Division   of  Mental   Health  &   Developmental                                                               
Disabilities  to   the  new  division,  and   additional  federal                                                               
authority wasn't requested.  As  the grant amount was larger than                                                               
what  was  budgeted, this  $500,000  provides  for correction  of                                                               
those two mistakes.                                                                                                             
                                                                                                                                
Number 0049                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT commented that  rather than making a transfer,                                                               
additions  were being  made  to the  overall  authorization.   He                                                               
asked if  there was an  over appropriation of  authorization, and                                                               
whether insufficient  federal funds  had been transferred  to the                                                               
newly formed division.                                                                                                          
                                                                                                                                
MS. CLARK  explained that funds  were in  separate appropriations                                                               
and couldn't  be transferred; the  department wouldn't  spend the                                                               
funds unless an additional federal grant was received.                                                                          
                                                                                                                                
SENATOR  THERRIAULT  inquired  if  the request  was  "dollar  for                                                               
dollar" and asked  what amount of the old  authorization would be                                                               
restricted.                                                                                                                     
                                                                                                                                
MS. CLARK  said she  could provide  the specific  dollar amounts,                                                               
but her understanding  was that about $150,000 was  spent and was                                                               
in the budget.                                                                                                                  
                                                                                                                                
SENATOR THERRIAULT noted that the  information could be forwarded                                                               
to  David Teal.   He  offered  that perhaps  in the  supplemental                                                               
[budget], a  reduction might be  made to areas where  there might                                                               
be a surplus of federal authorization.                                                                                          
                                                                                                                                
Number 0072                                                                                                                     
                                                                                                                                
SENATOR BUNDE asked if the  $10,000 in travel pertained to travel                                                               
for state employees or was for others who testify on policy.                                                                    
                                                                                                                                
MS.  CLARK  responded  that  this travel  amount  was  for  state                                                               
employees.                                                                                                                      
                                                                                                                                
SENATOR BUNDE commented that this seemed like a lot of trips.                                                                   
                                                                                                                                
MS. CLARK replied  that this was an estimate and  that she didn't                                                               
know how many trips were indicated by this amount.                                                                              
                                                                                                                                
Number 0078                                                                                                                     
                                                                                                                                
CHAIR  SAMUELS asked  if there  was any  objection.   There being                                                               
none, the motion to approve RPL 06-4-0011 carried.                                                                              
                                                                                                                                
Number 0080                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER moved that  the committee approve RPL 06-4-                                                               
0042,  Temporary  Medicaid   FMAP  [Federal  Medicaid  Authorized                                                               
Percentage] Relief, DHSS.                                                                                                       
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                                
Number 0082                                                                                                                     
                                                                                                                                
                                                                                                                                
MS. CLARK explained that four  different RPLs are associated with                                                               
the FMAP increase that the  state received from the Congressional                                                               
Jobs  and  Tax  Relief Reconciliation  Act  ("Tax  Reconciliation                                                               
Act")  of 2003.   Under  the  Tax Reconciliation  Act, to  assist                                                               
states   experiencing   economic  difficulty,   [U.S.   Congress]                                                               
"Congress" increased  the federal  match rate  for Medicaid.   In                                                               
Alaska, that rate  was increased by 2.95 percent,  resulting in a                                                               
total  of   approximately  $22  million  in   additional  federal                                                               
receipts for  the current fiscal  year.  Governor  Murkowski took                                                               
that into  account in the general  fund vetoes that were  done in                                                               
June, and counted  on the FMAP increase as a  way to save general                                                               
fund money.   Alaska's rate is  now 61.34 percent, up  from 58.39                                                               
percent.   Ms.  Clark pointed  out a  typographical error  in the                                                               
RPL; the  amount indicates 59.38  rather than the  correct amount                                                               
of 58.39.                                                                                                                       
                                                                                                                                
SENATOR BUNDE asked,  "How many times are we going  to spend that                                                               
money?"  noting that  the governor  had already  taken this  into                                                               
account and that continuation [of  the higher reimbursement rate]                                                               
was not anticipated.                                                                                                            
                                                                                                                                
MS. FRASCA  replied that the  money won't be spent  again because                                                               
the reduction  was already  considered in  the veto  process; the                                                               
savings have already  been achieved.  She said  that because it's                                                               
not expected  that Congress  will continue  to reimburse  at this                                                               
rate, that hole  will need to be covered in  FY05, either through                                                               
other reductions  or increased  revenues.  At  the time  the veto                                                               
reduction was  made, there was  recognition that this was  a one-                                                               
time savings;  budget planning for  FY05 is being made  with this                                                               
in mind.                                                                                                                        
                                                                                                                                
Number 0116                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA referred to  the FMAP's effective date of                                                               
April, 2003, and asked if, other  than the veto, those funds were                                                               
taken into account or received.                                                                                                 
                                                                                                                                
MS. FRASCA explained  that Congress did not  pass the legislation                                                               
until after  adjournment of  the legislative  session; this  is a                                                               
retroactive effective date.                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  commented that  this would create  a gap                                                               
for the following year.                                                                                                         
                                                                                                                                
Number 0125                                                                                                                     
                                                                                                                                
CHAIR SAMUELS  removed his objection  and asked if there  was any                                                               
further objection.   There being none, the motion  to approve RPL                                                               
06-4-0042 carried.                                                                                                              
                                                                                                                                
Number 0127                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER moved that the committee approve RPL 06-4-                                                                
0059,  Non-Primary Health  Care Facilities  Improvements, DHSS  -                                                               
CIP [capital improvement project].                                                                                              
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                                
MS.  CLARK  testified that  this  request  for $3,650,000  was  a                                                               
capital item.   She said the department has  requested funds from                                                               
the Denali  Commission for a  number of capital  projects already                                                               
authorized by the commission.   The Denali Commission was looking                                                               
for an  agency to  implement these  capital grants  to healthcare                                                               
facilities and DHSS  is familiar with such facilities.   In FY04,                                                               
the department  agreed to administer  these grant  projects; it's                                                               
expected  that in  FY05, the  Denali Commission  will again  work                                                               
with the department, and the  budget will reflect those projects.                                                               
She said regarding the FY04  grants, there was some question that                                                               
"we  seem  to be  doing  this  for  free."   She  continued  that                                                               
Commissioner  Gilbertson  wants  to   develop  a  closer  working                                                               
relationship with  the Denali  Commission and  if this  becomes a                                                               
permanent part of the capital  grant process, these costs will be                                                               
addressed through  the indirect cost  plans to ensure  that there                                                               
is appropriate  reimbursement for  administrative work.   At this                                                               
point, she  said, timing is  a consideration, and at  the request                                                               
of  the Denali  Commission, DHSS  had agreed  to [administer  the                                                               
grants].                                                                                                                        
                                                                                                                                
SENATOR BUNDE  asked which grantee  would provide the  50 percent                                                               
match required of the grant recipient.                                                                                          
                                                                                                                                
MS.  CLARK said  a  list  of the  grantees  was  included in  the                                                               
committee  packet,  and  noted  that many  of  those  were  local                                                               
community hospitals.                                                                                                            
                                                                                                                                
SENATOR  BUNDE  asked  if  operating  costs,  after  the  capital                                                               
improvement, would be the responsibility of the grantee as well.                                                                
                                                                                                                                
MS. CLARK replied that this was correct.                                                                                        
                                                                                                                                
CHAIR SAMUELS removed  his objection and asked if  there were any                                                               
further questions.                                                                                                              
                                                                                                                                
Number 0159                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  asked if  administrative costs  would be                                                               
charged towards mental health expenditures.                                                                                     
                                                                                                                                
MS. CLARK responded, "For FY04, that's correct."                                                                                
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  if there  would be  mental health                                                               
expenditures in the following fiscal years.                                                                                     
                                                                                                                                
MS. CLARK said, "No."                                                                                                           
                                                                                                                                
CHAIR  SAMUELS asked  if there  was any  objection.   There being                                                               
none, the motion to approve RPL 06-4-0059 carried.                                                                              
                                                                                                                                
Number 0166                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER moved that  the committee approve RPL 06-4-                                                               
0062, Temporary Medicaid FMAP Relief, DHSS.                                                                                     
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                                
Number 0169                                                                                                                     
                                                                                                                                
MS. CLARK  told the  committee that  this was  the second  of the                                                               
four   appropriations  related   to   the   FMAP  increase;   the                                                               
explanation given for the previous  RPL regarding the increase in                                                               
the federal  Medicaid match rate  for FY04 is applicable  to this                                                               
RPL as well.                                                                                                                    
                                                                                                                                
Number 0176                                                                                                                     
                                                                                                                                
CHAIR SAMUELS removed  his objection.  He asked if  there was any                                                               
further objection.   There being none, the motion  to approve RPL                                                               
06-4-0062 carried.                                                                                                              
                                                                                                                                
Number 0177                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER moved that  the committee approve RPL 06-4-                                                               
0063, Medicaid - Private Hospital ProShare, DHSS.                                                                               
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                                
Number 0181                                                                                                                     
                                                                                                                                
MS.  CLARK explained  that  in the  FY04  budget, the  department                                                               
saved $17 million through the  Medicaid private hospital ProShare                                                               
program.   She  pointed out  that  ProShare funds  that could  be                                                               
earned in the current quarter of  FY03 were not factored into the                                                               
budget.  This request for  $21,084,000 in federal receipts allows                                                               
for payments  to be  made at  a higher  level than  was budgeted;                                                               
this, in  turn, frees up between  $10 and $15 million  in general                                                               
funds  that  the  department  has suggested  be  used  to  offset                                                               
potential  decreases  in  FairShare,  another  Medicaid  program,                                                               
which is  currently under administrative  appeal.  She  said this                                                               
request was  a way to  earn more federal  money and free  up some                                                               
general funds.                                                                                                                  
                                                                                                                                
Number 0200                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER   asked  if   general  funds   were  being                                                               
generated  due  to  ProShare's   funding  of  certain  activities                                                               
through  medical providers,  thereby allowing  for partial  claim                                                               
reimbursement.                                                                                                                  
                                                                                                                                
MS. CLARK confirmed that this was correct.                                                                                      
                                                                                                                                
REPRESENTATIVE HAWKER  continued that  there was an  even greater                                                               
opportunity  to  do this  than  was  identified in  the  original                                                               
budget process,  and asked if  general fund savings  generated by                                                               
routing the  support for certain activities  through a qualifying                                                               
ProShare structure would occur within the DHSS budget.                                                                          
                                                                                                                                
MS. CLARK confirmed  that this was correct and said,  "It will be                                                               
generated  in  different  components   that  house  a  number  of                                                               
different grant programs in our department."                                                                                    
                                                                                                                                
Number 0222                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER  asked  if  there was  a  high  degree  of                                                               
comfort that savings would be between $10 and $15 million.                                                                      
                                                                                                                                
MS. CLARK said  that the department had  detailed information and                                                               
the amount  was close to $14  million.  She said  that the amount                                                               
of  saved general  funds would  be restricted  in the  accounting                                                               
system  so  that  it  couldn't be  spent,  thereby  ensuring  its                                                               
availability.                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER said  he would like the  Joint Committee on                                                               
Legislative  Budget and  Audit to  include  a legislative  intent                                                               
recommendation  with  this  RPL,  indicating  that  the  freed-up                                                               
general  funds be  embargoed/restricted,  so  that those  general                                                               
fund monies don't  just disappear into the DHSS system  as a "de-                                                               
facto supplemental unrestricted budget, but  that they in fact be                                                               
held, should  we wish to  reconsider them, that we  consider that                                                               
money later  in the supplemental budgeting  process for potential                                                               
reallocation, should we determine that  we want to put this money                                                               
to work in the [DHSS] budget."                                                                                                  
                                                                                                                                
CHAIR  SAMUELS  questioned  the   consideration  of  this  as  an                                                               
amendment to the RPL.                                                                                                           
                                                                                                                                
REPRESENTATIVE HAWKER said  he would state this  as "an amendment                                                               
for intent."                                                                                                                    
                                                                                                                                
CHAIR  SAMUELS asked  if there  was any  objection.   There being                                                               
none, the amendment was adopted.                                                                                                
                                                                                                                                
Number 0258                                                                                                                     
                                                                                                                                
SENATOR BUNDE asked, "What are the chances that these are one-                                                                  
time funds and is that part  of your consideration, that we freed                                                               
it up this week, but next week, that federal money is gone?"                                                                    
                                                                                                                                
MS. CLARK  replied that nothing  lasts forever, but said  that at                                                               
this point, the  state's plan for this program  has been accepted                                                               
by  the federal  government, and  is consistent  with regulation.                                                               
She said  she assumed  that the program  could continue  for four                                                               
quarters, but  asked, "Which year are  you in?"  She  stated that                                                               
there was no  indication that the basic underlying  policy of the                                                               
program would  be discontinued.   She  noted that  analysis would                                                               
still need to be generated for the FY05 budget.                                                                                 
                                                                                                                                
SENATOR BUNDE said he was glad  that these programs could be used                                                               
to  benefit  the  state,  but   noted  concern  for  the  federal                                                               
government deficit.                                                                                                             
                                                                                                                                
Number 0287                                                                                                                     
                                                                                                                                
SENATOR STEVENS asked for clarification  of the second "budgetary                                                               
issue" which read as follows [original punctuation provided]:                                                                   
                                                                                                                                
     A total ProShare payment of  $61.9 million is available                                                                    
     in  SFY04 -  federal match  is $37.8  million.   Of the                                                                    
     $37.8 million  federal match  required, $21  million in                                                                    
      additional federal authority is needed by the Health                                                                      
         Care Services to utilize 100% of the available                                                                         
     proportionate share funds.                                                                                                 
                                                                                                                                
Number 0300                                                                                                                     
                                                                                                                                
MS. CLARK  responded that there  was excess federal  authority in                                                               
healthcare services,  and the  $21 million  was the  net increase                                                               
needed to make the program work.                                                                                                
                                                                                                                                
SENATOR  STEVENS  asked if  this  net  increase would  appear  on                                                               
Medicaid services that were actually approved in the budget.                                                                    
                                                                                                                                
MS. CLARK said this was correct.                                                                                                
                                                                                                                                
SENATOR STEVENS  asked about  the third  budgetary issue:   "DHSS                                                               
grant  funds  are utilized  as  state  match  with no  change  in                                                               
funding to the grantees."  He  wondered if this referred to using                                                               
other grant funds,  asking if this was what "no  one really wants                                                               
to talk about."                                                                                                                 
                                                                                                                                
MS. CLARK  said the  payment methodology  for grant  programs was                                                               
being changed in this program.                                                                                                  
                                                                                                                                
SENATOR STEVENS asked if this  grant fund included state matching                                                               
or if it referred to federal grant funds.                                                                                       
                                                                                                                                
Number 0321                                                                                                                     
                                                                                                                                
MS. CLARK said  that Medicaid requires a 40  percent state match.                                                               
She explained that previously, a  program such as a mental health                                                               
provider grant was 100 percent  funded by general funds, but this                                                               
was changed to  a Medicaid payment with a 60/40  split.  She said                                                               
that grant  funds still need to  pay the state match,  but the 60                                                               
percent that  was paid in the  state's 100 percent was  now freed                                                               
up to be a federal payment.                                                                                                     
                                                                                                                                
SENATOR STEVENS asked about FairShare.                                                                                          
                                                                                                                                
MS.  CLARK  replied  that  FairShare  is  a  program  for  tribal                                                               
entities, and "we get 100 percent match for that program."                                                                      
                                                                                                                                
SENATOR STEVENS  asked if this  was a matter  of using the  60 or                                                               
100 percent.                                                                                                                    
                                                                                                                                
MS. CLARK said, "That's correct."                                                                                               
                                                                                                                                
Number 0341                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked if  FairShare's status was at about                                                               
$53 million.                                                                                                                    
                                                                                                                                
MS.  CLARK responded  that a  decision  about Fairshare's  status                                                               
hadn't  been made  yet, even  though there  is an  administrative                                                               
appeal;  there are  discussions  about whether  to  settle or  to                                                               
continue litigation.                                                                                                            
                                                                                                                                
Number 0355                                                                                                                     
                                                                                                                                
MS.  FRASCA  told  the  committee  that  Commissioner  Gilbertson                                                               
recently  talked  with    [U.S.   Secretary  of  Health  &  Human                                                               
Services] Tommy Thompson about this  issue, and legal counsel was                                                               
involved in the discussion.                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  if there  was a  timeline on  the                                                               
decision.                                                                                                                       
                                                                                                                                
MS. CLARK  replied that there  wasn't a required timeline  on the                                                               
decision.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KERTTULA  asked if  there was an  appeals deadline                                                               
involved,  and upon  receiving an  answer  [from an  unidentified                                                               
speaker],  she  relayed  her  understanding  that  there  was  no                                                               
appeals deadline involved.                                                                                                      
                                                                                                                                
Number 0384                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  referred to Representative  Hawker's previous                                                               
amendment regarding  funds being embargoed or  accounted for, and                                                               
questioned whether the  expenditure had been made  and if general                                                               
funds had already been freed up.                                                                                                
                                                                                                                                
MS. CLARK  responded that  the expenditures are  freed up  as the                                                               
grant payments are paid out.   She continued that this is done on                                                               
a  quarterly basis,  and  the  department is  in  the process  of                                                               
estimating this  to restrict how  the funds  are held.   She said                                                               
that it's complicated because the  money is sent to hospitals and                                                               
the hospitals then  pay the grantees.  The department  will be in                                                               
a good  position to restrict  general funds that would  have gone                                                               
out in  grant payments  after the  federal FY03  closeout period,                                                               
which ends this week.                                                                                                           
                                                                                                                                
SENATOR  THERRIAULT  commented that  doing  this  on a  quarterly                                                               
basis makes sense.   He asked if a distribution  had been made on                                                               
the new  ProShare money, thereby  freeing up some  general funds.                                                               
He  asked if  any  general funds  had been  used  in other  areas                                                               
within the department.                                                                                                          
                                                                                                                                
MS. CLARK  said that  the first quarter  grant payments  had been                                                               
made,  and she  was  unsure  if this  was  at  the higher  payout                                                               
[rate].                                                                                                                         
                                                                                                                                
REPRESENTATIVE KERTTULA asked if other states were doing this.                                                                  
                                                                                                                                
MS. CLARK  confirmed that  other states have  done this  and said                                                               
that states  are "scrambling  to try to  bridge their  own fiscal                                                               
gaps."                                                                                                                          
                                                                                                                                
CHAIR SAMUELS removed  his objection.  He asked if  there was any                                                               
further objection.   There being none, the motion  to approve RPL                                                               
06-4-0063 carried.                                                                                                              
                                                                                                                                
Number 0407                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER moved that the committee approve RPL 06-4-                                                                
0064, Temporary Medicaid FMAP Relief, DHSS.                                                                                     
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                                
MS. CLARK  said this  was the  third in the  series of  four RPLs                                                               
related  to  the   raise  in  the  state's   Medicaid  amount  by                                                               
approximately 3 percent.   She said this request  for $290,800 in                                                               
federal  funds  was  a  request from  The  Office  of  Children's                                                               
Services.                                                                                                                       
                                                                                                                                
Number 0418                                                                                                                     
                                                                                                                                
CHAIR SAMUELS removed  his objection.  He asked if  there was any                                                               
further objection.                                                                                                              
                                                                                                                                
SENATOR  STEVENS  responded  by  noting  that  the  amount  being                                                               
requested  didn't  equal the  vetoed  amount.   He  directed  the                                                               
committee's attention to [the amount  indicated] on page 17, line                                                               
29,  "Residential   Child  Care,"  indicating  a   difference  of                                                               
[$403,300].                                                                                                                     
                                                                                                                                
MS. CLARK  said that in addition  to this veto, there  were other                                                               
items the governor vetoed in reductions to grant programs.                                                                      
                                                                                                                                
SENATOR STEVENS asked if [those items] "showed up on that line?"                                                                
                                                                                                                                
MS. CLARK  replied, "That's correct, in  Residential Child Care,"                                                               
adding that this was just one of several vetoes.                                                                                
                                                                                                                                
SENATOR STEVENS  commented that there  was a net loss  of general                                                               
funds on that line and said,  "But we don't know where that shows                                                               
up, or what agency gets it."                                                                                                    
                                                                                                                                
MS. FRASCA said she would need to see the veto letter.                                                                          
                                                                                                                                
SENATOR STEVENS  said that the  RPL indicates  that appropriation                                                               
authority was  on page 17,  line 29 [of  CCS SSHB 75],  and falls                                                               
under Residential  Child Care.   The  amount is  [$403,300] while                                                               
the  RPL  only  requests  that   $290,800  be  put  back  in;  he                                                               
questioned why the amounts differed.                                                                                            
                                                                                                                                
MS.  CLARK  responded  that Residential  Child  Care  included  a                                                               
number of vetoes.                                                                                                               
                                                                                                                                
SENATOR  STEVENS  asked  if  the   cumulative  effect  was  about                                                               
$403,000.                                                                                                                       
                                                                                                                                
MS. CLARK said  that was correct and that $290,800  was a portion                                                               
of that total amount.                                                                                                           
                                                                                                                                
Number 0459                                                                                                                     
                                                                                                                                
CHAIR SAMUELS asked if there  were any further objections.  There                                                               
being none, the motion to approve RPL 06-4-0064 carried.                                                                        
                                                                                                                                
REPRESENTATIVE HAWKER moved that  the committee approve RPL 06-4-                                                               
0065, Temporary Medicaid FMAP Relief, DHSS.                                                                                     
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                                
MS. CLARK  said this request, the  fourth in the series  of four,                                                               
was   from  the   Division  of   Behavioral  Health,   requesting                                                               
$3,029,900.   The  explanation is  the same  as for  the previous                                                               
three RPLs.                                                                                                                     
                                                                                                                                
Number 0472                                                                                                                     
                                                                                                                                
CHAIR SAMUELS removed  his objection.  He asked if  there was any                                                               
further objection.   There being none, the motion  to approve RPL                                                               
06-4-0065 carried.                                                                                                              
                                                                                                                                
REPRESENTATIVE HAWKER moved that  the committee approve RPL 10-4-                                                               
5022, Alaska  Oil & Gas Exploration,  Development, and Permitting                                                               
Project, Division of Natural Resources (DNR) - CIP.                                                                             
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                                
Number 0479                                                                                                                     
                                                                                                                                
MS. FRASCA explained that this  provided additional authority for                                                               
a federal grant  from the [Federal] Department of  [Energy.]  She                                                               
noted that  on page  3 of the  request, the  additional authority                                                               
was spread between the Alaska  Oil & Gas Conservation Commission,                                                               
DNR, and  the [Alaska] Department  of Fish  & Game (ADF&G).   The                                                               
total  additional authority  was $503,702  even though  the total                                                               
grant  was  for  almost  $1.4  million.    The  departments  have                                                               
existing capital project authority  for approximately $738,000 of                                                               
the grant amount, she said.                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  asked about  the amount being  taken for                                                               
the  [Alaska Coastal  Management  Program  (ACMP)], and  wondered                                                               
what the timeline was.                                                                                                          
                                                                                                                                
Number 0510                                                                                                                     
                                                                                                                                
RICHARD McMAHON,  Chief, Lands  Records Information,  Division of                                                               
Support   Services,  Department   of  Natural   Resources  (DNR),                                                               
testified  that with  new legislation  on the  [ACMP], there  was                                                               
enough definition to move forward  with the coastal questionnaire                                                               
process and to move on that project.                                                                                            
                                                                                                                                
REPRESENTATIVE KERTTULA  asked how  many other agencies  would be                                                               
involved in the project.                                                                                                        
                                                                                                                                
MR. McMAHON  replied that the ACMP  is now the Office  of Project                                                               
Management and Permitting (OPMP) within  DNR and it will take the                                                               
lead with that component and work with various agencies.                                                                        
                                                                                                                                
REPRESENTATIVE KERTTULA  commented that this  was a lot  of money                                                               
to spend in  [FY]04, considering that the system  hasn't yet been                                                               
devised.                                                                                                                        
                                                                                                                                
MR. McMAHON responded  that this RPL was for  the capital budget,                                                               
even though last year it came  in under the operating budget.  He                                                               
stated that  it is  a five-year grant  through the  Department of                                                               
Energy  and  that  "we  have  the  flexibility  to  move  at  the                                                               
appropriate pace."                                                                                                              
                                                                                                                                
REPRESENTATIVE KERTTULA asked if it made  sense to do this now so                                                               
that  the grant  could be  taken  advantage of,  knowing that  it                                                               
wouldn't all  be spent.   She  asked, "We'll  see how  it's being                                                               
spent as  it goes  along?" and  upon receiving  confirmation that                                                               
this  was the  case,  she  said, "This  alleviates  a  lot of  my                                                               
concern about how it was going to happen."                                                                                      
                                                                                                                                
Number 0560                                                                                                                     
                                                                                                                                
CHAIR  SAMUELS removed  his objection.    He asked  if there  was                                                               
further objection.   There being none, the motion  to approve RPL                                                               
10-4-5022 carried.                                                                                                              
                                                                                                                                
Number 0563                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER moved that  the committee approve RPL 10-4-                                                               
5023,  State   Fire  Suppression  Cooperators   and  Reimbursable                                                               
Agreements, DNR.                                                                                                                
                                                                                                                                
CHAIR Samuels objected for purposes of discussion.                                                                              
                                                                                                                                
MS.  FRASCA testified  that this  RPL would  increase DNR's  fire                                                               
suppression and  fire activity  component, granting  authority to                                                               
receive receipts  from other states  to assist  with firefighting                                                               
efforts.    Traditionally  these   receipts  have  been  received                                                               
directly from the  federal government, but now,  receipts will be                                                               
received from western states in the Northwest Compact.                                                                          
                                                                                                                                
REPRESENTATIVE  HAWKER asked  if the  federal authority  would be                                                               
restricted.                                                                                                                     
                                                                                                                                
Number 0596                                                                                                                     
                                                                                                                                
MR.  NICO BUS,  Acting  Director, Division  of Support  Services,                                                               
Department  of  Natural  Resources (DNR),  replied  that  federal                                                               
receipts  would be  restricted so  the amount  wouldn't be  spent                                                               
beyond the reimbursement.                                                                                                       
                                                                                                                                
Number 0605                                                                                                                     
                                                                                                                                
CHAIR SAMUELS removed  his objection.  He asked if  there was any                                                               
further objection.   There being none, the motion  to approve RPL                                                               
10-4-5023 carried.                                                                                                              
                                                                                                                                
REPRESENTATIVE HAWKER moved that  the committee approve RPL 25-4-                                                               
3287, Port  Security Grant Program, Department  of Transportation                                                               
& Public Facilities (DOT&PF) - CIP.                                                                                             
                                                                                                                                
CHAIR SAMUELS objected for purposes of discussion.                                                                              
                                                                                                                                
Number 0613                                                                                                                     
                                                                                                                                
MS. FRASCA  explained that  this would allow  for the  receipt of                                                               
$2,650,000  from the  U.S. Department  of  Homeland Security  for                                                               
improvement  to   ports  in  Alaska   and  also   to  Bellingham,                                                               
Washington.  She  said that the answer to her  question as to why                                                               
Bellingham was  included was that  Alaska would bear the  cost if                                                               
the improvements were  desired by the state.   She mentioned that                                                               
the  lease is  currently being  negotiated, so  perhaps a  better                                                               
deal could be struck.                                                                                                           
                                                                                                                                
CHAIR  SAMUELS asked  if there  was a  timeline involved.   [Tape                                                               
ends.]                                                                                                                          
                                                                                                                                
TAPE 03-7, SIDE B                                                                                                             
Number 0637                                                                                                                     
                                                                                                                                
NANCY  SLAGLE,  Director,  Division of  Administrative  Services,                                                               
Department  of   Transportation  &  Public   Facilities  (DOT&PF)                                                               
replied, "[We  have] some  time restrictions put  upon us  by the                                                               
USCG  [United  States  Coast  Guard]  concerning  development  of                                                               
security plans and implementation of  those plans."  The USCG has                                                               
identified that these items need to be in place by July 1, 2004.                                                                
                                                                                                                                
CHAIR SAMUELS asked when the lease in Bellingham would expire.                                                                  
                                                                                                                                
MS. SLAGLE relied that the lease would be up in October, 2004.                                                                  
                                                                                                                                
Number 0645                                                                                                                     
                                                                                                                                
SENATOR  BUNDE asked  for clarification  of  the available  match                                                               
funding   from   the   Chenega  Terminal   Modification   project                                                               
{"Chenega").                                                                                                                    
                                                                                                                                
MS.  SLAGLE  explained  that  the  TSA  [Transportation  Security                                                               
Administration]  grant being  received  requires  a general  fund                                                               
match.     STIP  [Surface  Transportation   Improvement  Program]                                                               
funding was originally going to  be used for Chenega but instead,                                                               
it has  been decided that  Shakwak funds, federal  highway monies                                                               
not  requiring a  match, will  be used  instead.   Therefore, the                                                               
match  monies associated  with that  particular  project are  now                                                               
available to be used for this TSA grant.                                                                                        
                                                                                                                                
Number 0659                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA referred to  the last legislative session                                                               
and noted  that the legislative  intent for Shakwak money  had to                                                               
include an  investment plan for  the federal receipts,  to create                                                               
an efficient and  effective transportation system.   She asked if                                                               
this  had been  done,  could the  Shakwak  funds be  legitimately                                                               
transferred to  fund Chenega.   She also asked, "What  happens to                                                               
the STIP money that we aren't using for Chenega?"                                                                               
                                                                                                                                
MS. SLAGLE  said that she  would investigate the  investment plan                                                               
for the  Shakwak federal receipts.   She said if the  STIP monies                                                               
are not  used for  Chenega, there  is a lot  of demand  for those                                                               
funds.   She noted that  the intent  language is attached  to the                                                               
appropriation  for the  Alaska Marine  Highway System  (AMHS) and                                                               
that  she   would  investigate   whether  this   intent  language                                                               
pertained to both projects.                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  for a  specific answer  regarding                                                               
the intent language.   She said her bottom line  was that she did                                                               
not want to  see "Chenega falling out" and  wanted assurance that                                                               
this would not happen.                                                                                                          
                                                                                                                                
MS. SLAGLE  related her understanding  that "it was not  going to                                                               
fall  out" and  that work  would continue  towards that  terminal                                                               
project.                                                                                                                        
                                                                                                                                
Number 0690                                                                                                                     
                                                                                                                                
DAVID  TEAL,  Legislative  Fiscal  Analyst,  Legislative  Finance                                                               
Division,  explained  that  the   intent  language  is  confusing                                                               
because  it  is  at  the  allocation level  rather  than  at  the                                                               
appropriation  level.   He said  that  Chenega was  going to  use                                                               
surface  transportation money  but is  now going  to use  Shakwak                                                               
money and that  both appear in the budget as  federal receipts so                                                               
"you  can't tell  the difference  between  them."   He said,  the                                                               
question  becomes,  if Shakwak  money  is  going  to be  used  at                                                               
Chenega, what project  won't be done because of  this transfer of                                                               
Shakwak money.                                                                                                                  
                                                                                                                                
SENATOR BUNDE noted that the  state rebuilt the dock facility for                                                               
the community  of 150 or 200  people and now more  money is being                                                               
spent  in  modifications,   for  "how  much  per   capita?"    He                                                               
commented, "So,  if it falls  out, and  I don't hear  it, nothing                                                               
happened."                                                                                                                      
                                                                                                                                
MS. FRASCA  said she could  report back  to the committee  on the                                                               
status of Chenega.                                                                                                              
                                                                                                                                
MR. TEAL  said the intent  language indicates that  [DOT&PF] will                                                               
provide  the plan  for spending  the Shakwak  money, but  doesn't                                                               
have to provide that until the next [legislative] session.                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA  said this had  been voted in  the budget                                                               
and  that she  was hearing  that "Chenega's  not going  anywhere,                                                               
it's simply a matter of changing the funding source."                                                                           
                                                                                                                                
Number 0720                                                                                                                     
                                                                                                                                
CHAIR SAMUELS removed  his objection.  He asked if  there was any                                                               
further objection.   There being none, the motion  to approve RPL                                                               
25-4-3287 carried.                                                                                                              
                                                                                                                                
SENATOR BUNDE commented  on the difficulty in  accessing the RPLs                                                               
online and requested early receipt of hard copies of the RPLs.                                                                  
                                                                                                                                
CHAIR SAMUELS confirmed  that hard copies would  be received from                                                               
the  administration and  distributed  to committee  members in  a                                                               
timely fashion.                                                                                                                 
                                                                                                                                
MR. TEAL  asked about  continuing to  distribute PDF  versions of                                                               
the   RPLs,  once   data   processing   solved  the   downloading                                                               
difficulties.                                                                                                                   
                                                                                                                                
CHAIR  SAMUELS confirmed  that members  would receive  copies, in                                                               
one form or another.                                                                                                            
                                                                                                                                
MR.  TEAL  said  that  RPLs would  be  distributed  to  committee                                                               
members at least one day before a scheduled meeting.                                                                            
                                                                                                                                
AUDIT REQUESTS                                                                                                                
                                                                                                                              
Number 0747                                                                                                                     
                                                                                                                              
REPRESENTATIVE HAWKER moved that  the committee approve the audit                                                               
request  for  additional  information  and  for  a  follow-up  on                                                               
matters pertaining to the University of Alaska.                                                                                 
                                                                                                                                
Number 0750                                                                                                                     
                                                                                                                                
CHAIR SAMUELS said  that he had received many  verbal requests to                                                               
audit the University of Alaska and  the attempt was made to limit                                                               
this  audit to  something manageable,  with the  result being  to                                                               
review  the audit  that  was done  10 years  ago,  and to  review                                                               
travel and distance education.                                                                                                  
                                                                                                                                
CHAIR  SAMUELS asked  if there  was any  objection to  this audit                                                               
request.                                                                                                                        
                                                                                                                                
Number 0761                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT asked  for clarification  as to  whether this                                                               
was a  request for a  completely new audit  or a request  for the                                                               
auditors to update portions of the previous audit.                                                                              
                                                                                                                                
CHAIR SAMUELS referred  to the memorandum of August  12, 2003, in                                                               
the packet, as it outlines the specifics of this request.                                                                       
                                                                                                                                
Number 0771                                                                                                                     
                                                                                                                                
PAT  DAVIDSON,  Legislative   Auditor,  Division  of  Legislative                                                               
Audit,  Alaska State  Legislature,  told the  committee that  the                                                               
request  was  to  update  the  recommendations  as  well  as  the                                                               
calculations  of unit  costs that  were identified  in the  audit                                                               
from  10 years  ago.   She said  that items  [3 and  4] were  new                                                               
issues that were not related to that previous audit.                                                                            
                                                                                                                                
CHAIR SAMUELS inquired as to the starting date for this request.                                                                
                                                                                                                                
MS.   DAVIDSON  predicted   that  this   audit  would   begin  in                                                               
approximately 6 - 8 months.                                                                                                     
                                                                                                                                
CHAIR  SAMUELS asked  how  long  it would  take  to complete  the                                                               
audit.                                                                                                                          
                                                                                                                                
MS.  DAVIDSON replied  that the  length of  time depended  on how                                                               
good the  data was.   She  referred to the  report from  10 years                                                               
ago, wherein one  of the recommendations was to  improve upon the                                                               
utilization  of existing  management  information  systems.   She                                                               
reported that  at that  time data  accuracy and  availability was                                                               
not "in very  good shape," and that she predicts  that this would                                                               
be a "substantial audit to do."                                                                                                 
                                                                                                                                
REPRESENTATIVE HAWKER  asked Senator Therriault if  the scope and                                                               
the motion were understood.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT referred to the  memo, saying that it directed                                                               
the legislative auditor to conduct an audit.                                                                                    
                                                                                                                                
MS. DAVIDSON, in response to  a question from Chair Samuels, said                                                               
the  1993 audit  was available  online, and  that she  could send                                                               
copies of  it to  committee members.   She  pointed out  that the                                                               
downloaded version  from 10 years  ago utilized a  different word                                                               
processing  software system  and  the numbers  in the  appendices                                                               
were  unclear;   she  said  that   she  would  be   making  those                                                               
corrections.                                                                                                                    
                                                                                                                                
Number 0812                                                                                                                     
                                                                                                                                
CHAIR SAMUELS  asked if there  was any objection to  the approval                                                               
of the audit.  There being none, it was so ordered.                                                                             
                                                                                                                                
OTHER COMMITTEE BUSINESS                                                                                                      
                                                                                                                              
Number 0825                                                                                                                     
                                                                                                                                
TINA    CUNNING,    State-Federal   Issues    Program    Manager,                                                               
Commissioner's Office, Alaska Department  of Fish & Game (ADF&G),                                                               
told  the committee  that  in 1989  the  legislature audited  the                                                               
state  agencies'  role related  to  management  and assertion  of                                                               
ownership on  waterways in  the state; this  audit resulted  in a                                                               
recommendation that the agencies establish  a policy team to work                                                               
on  navigability issues.   The  state's [Navigability  and Access                                                               
Team]  is co-chaired  by DNR,  ADF&G, and  the Department  of Law                                                               
(DOL).   She mentioned Senator Therriault's  interest in ensuring                                                               
that applications related  to navigability were able  to be filed                                                               
for RS  [Revised Statutes] 2477s under  the recordable disclaimer                                                               
[of  interest] process  recently adopted  by the  BLM [Bureau  of                                                               
Land Management].                                                                                                               
                                                                                                                                
Number 0841                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT explained  that a  previous meeting  with the                                                               
administration  indicated  that  a proposal  of  the  contractual                                                               
arrangement would be  received, and as of yesterday  this had not                                                               
been  received.   He  mentioned  the  need for  specification  of                                                               
"scope  of work,  how  much  it's going  to  cost,  what are  the                                                               
deliverables of the contract" and so  forth.  He said he received                                                               
a  draft copy  of the  document  shortly before  the meeting  and                                                               
wondered what to expect regarding a formal proposal.                                                                            
                                                                                                                                
MS. CUNNNING said  that it was agreed that a  work proposal would                                                               
be put  together.  However, in  August, four days after  the last                                                               
meeting,   Dick Mylius, the  co-chair from DNR, went  on extended                                                               
vacation; he is due back next week.   She said that there has not                                                               
been time to put together a formal proposal.                                                                                    
                                                                                                                                
CHAIR  SAMUELS asked  about the  timeline  involved for  entering                                                               
into the contract.                                                                                                              
                                                                                                                                
Number 0868                                                                                                                     
                                                                                                                                
BOB  LOEFFLER,  Director  Division  of Mining,  Land  and  Water,                                                               
Department of Natural Resources (DNR),  said that with respect to                                                               
navigability, they  were "ready to  move forward," but  there was                                                               
uncertainty  regarding integrating  the issues  involved with  RS                                                               
2477s; he added that they would know more within the next month.                                                                
                                                                                                                                
MS.  CUNNING  explained  that  the  legal  land  status  research                                                               
needing to get done was the  same whether a ribbon was a waterway                                                               
or an  RS 2477 trail, although  the RS 2477s require  research on                                                               
the  actual location  and the  historic use.   Based  on the  six                                                               
recordable  disclaimers [of  interest]  that DNR  and ADF&G  have                                                               
already  prepared and  filed with  BLM, a  manpower estimate  for                                                               
each  application  has been  done.    The  estimate of  how  many                                                               
[rivers] could  be done in  the remaining one and  one-half years                                                               
of  the CIP  is based  upon  the Joint  Committee on  Legislative                                                               
Budget and Audit's $400,000 appropriation.                                                                                      
                                                                                                                                
MR. LOEFFLER said that this  was approximately 40 to 50 navigable                                                               
rivers.                                                                                                                         
                                                                                                                                
SENATOR  THERRIAULT wondered  if the  committee should  authorize                                                               
the chairman  to enter into  a contract of  up to $400,000  or if                                                               
the  committee  should wait  to  receive  a formal  proposal;  he                                                               
expressed concern that valuable time not be lost.                                                                               
                                                                                                                                
CHAIR   SAMUELS  noted   that  the   next  [Joint   Committee  on                                                               
Legislative Budget  and Audit] meeting would  be in approximately                                                               
four to six weeks.                                                                                                              
                                                                                                                                
MS.  CUNNING  stated  that   position  descriptions  couldn't  be                                                               
drafted  until  there  was knowledge  that  something  was  being                                                               
authorized.   She noted  that the  sooner research  was conducted                                                               
and  people  were  trained,  the sooner  the  projects  could  be                                                               
underway.    She  mentioned that  currently  a  very  cooperative                                                               
relationship exists  with BLM and  the desire  is to get  as much                                                               
done as possible while the administration is helpful.                                                                           
                                                                                                                                
Number 0909                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT said  he understood  the sensitive  nature of                                                               
the  RS  2477s,  noting  that  he  met  with  [Secretary  of  the                                                               
Interior] Gail  Norton about  two weeks  ago.   He said  that the                                                               
work done  on navigability  questions and  recordable disclaimers                                                               
could assist  her in expressing  to Congress that  the recordable                                                               
disclaimer process not  be eliminated.  He said  he wouldn't want                                                               
Congress  to   overreact  and  eliminate  a   viable  and  usable                                                               
mechanism pertaining to navigable waters.                                                                                       
                                                                                                                                
Number 0922                                                                                                                     
                                                                                                                                
SENATOR  STEVENS referred  to  the handout  in  the packet  which                                                               
reads:  "2.   Between February and August, 2003,  the state filed                                                               
6  recordable disclaimer  of interest  applications  with BLM  on                                                               
waters already determined navigable.   The first six applications                                                               
averaged 6 weeks staff time each."   He asked how many staff were                                                               
working on this.                                                                                                                
                                                                                                                                
MR. LOEFFLER  replied that  this involved  joint staff,  from DNR                                                               
and ADF&G.                                                                                                                      
                                                                                                                                
SENATOR  STEVENS asked,  "operating  under what  agreement?"   He                                                               
asked if this was under the direction of the commissioner.                                                                      
                                                                                                                                
MR. LOEFFLER said, "Yes."                                                                                                       
                                                                                                                                
SENATOR STEVENS asked why a  contract was needed to continue work                                                               
that has already been done?                                                                                                     
                                                                                                                                
MS. CUNNING  replied that staff  had been borrowed  from existing                                                               
projects and because  of backlogs created during  this period, no                                                               
more work [on the project] was being done.                                                                                      
                                                                                                                                
SENATOR  STEVENS   reflected  that  this  contract   was  between                                                               
agencies to loan each other [staff].                                                                                            
                                                                                                                                
MR. LOEFFLER said the contract  is between the Joint Committee on                                                               
Legislative  Budget  and  Audit   and  the  agencies;  the  tasks                                                               
required by the committee would be performed.                                                                                   
                                                                                                                                
Number 0938                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT  explained  that  some  suspicion  has  grown                                                               
between the two  branches of government over the  past few years.                                                               
Even with the  new administration, the feeling was  that if money                                                               
is allocated,  it should  really be focused  on efforts  that "we                                                               
felt have been lacking  for a number of years."   He said that in                                                               
effect, the  Joint Committee on  Legislative Budget and  Audit is                                                               
purchasing the  services of state  agencies to work on  behalf of                                                               
the legislature.                                                                                                                
                                                                                                                                
SENATOR THERRIAULT compared this to  a situation from a number of                                                               
years ago  when the Knowles  Administration wanted money  for gas                                                               
pipeline  work.    The  legislature   was  leery  of  the  amount                                                               
requested  by  the  administration,  so  by  steering  the  money                                                               
through the  Joint Committee on  Legislative Budget and  Audit, a                                                               
fairly tight  watch was kept  on the  contract.  He  relayed that                                                               
only about 50 percent of the  money appropriated was used and the                                                               
remaining money  was available for  reappropriation.   The amount                                                               
appropriated  to the  Joint Committee  on Legislative  Budget and                                                               
Audit  was  only about  50  percent  of what  the  administration                                                               
originally  requested.   He  pointed out  that  by exerting  some                                                               
control, the  committee can make  sure that the funds  are really                                                               
focused on navigability  and RS 2477s rather  than being absorbed                                                               
by the agencies and being spent on other issues.                                                                                
                                                                                                                                
REPRESENTATIVE  HAWKER  expressed  concern   that  the  focus  on                                                               
navigable waters  would result in  the work product  moving [away                                                               
from focusing on RS 2477s].                                                                                                     
                                                                                                                                
MR. LOEFFLER replied  that the issues are  separable; money spent                                                               
on navigability  is thus  spent, and  money spent  on RS  2477 is                                                               
spent on  RS 2477s  and the  link between  them, other  than both                                                               
using recordable disclaimers, is weak.   To the extent that money                                                               
is spent on one, it's not being spent on the other, he said.                                                                    
                                                                                                                                
Number 0988                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER  expressed  concern  about  investing  the                                                               
entire appropriation  on navigability  and slighting the  RS 2477                                                               
assertions.                                                                                                                     
                                                                                                                                
MR. LOEFFLER  said the  avenue for RS  2477s is  uncertain, while                                                               
the avenue for navigable waters is  open, clear, and helpful.  He                                                               
said the next  step for RS 2477s was being  figured out - whether                                                               
[there will be] litigation or not.   Reserving money for RS 2477s                                                               
is a question for the legislature.                                                                                              
                                                                                                                                
Number 1007                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  noted that the  Senate took the lead  on this                                                               
issue  for a  number of  years.   Due to  the discussions  taking                                                               
place  in  Congress  right  now, he  predicted  that  there  will                                                               
probably be limited success with RS  2477s.  He said if the power                                                               
to extend money for both  navigability and RS 2477s was approved,                                                               
the departments could  move on whatever front  offered the chance                                                               
for the  most success.  He  suggested perhaps moving ahead  on RS                                                               
2477s that weren't currently controversial.                                                                                     
                                                                                                                                
SENATOR  THERRIAULT continued  that when  the House  approved the                                                               
Department  of Interior's  budget,  the  language indicated  that                                                               
none of  the [Department of]  Interior's money could be  used for                                                               
recordable disclaimers  on RS 2477s.   It's unclear  whether this                                                               
focuses on roads or trails  or whether it applies to navigability                                                               
as well.   He mentioned  relying on  U.S. Senator Ted  Stevens to                                                               
clarify or  eliminate that  provision so that  it would  still be                                                               
available for navigability.   He noted that there  are many lakes                                                               
and  navigable  rivers in  Alaska  and  there is  clear  criteria                                                               
coming from  the [Gulkana River case]  on what is navigable.   He                                                               
said that  Congress needs to  acknowledge that, "Yes,  most water                                                               
bodies  in  Alaska are  navigable;  yes,  the underlying  surface                                                               
belongs  to the  state;  yes,  we need  to  move  along with  the                                                               
process  to  clarify which  are  state  and which  are  federal."                                                               
Senator  Therriault  said he  wouldn't  be  opposed to  a  motion                                                               
giving the power  to enter into the contract.   He specified that                                                               
monthly reports would be desired;  quarterly reports, at the very                                                               
least, regarding "what  we're getting for our money,"  and if the                                                               
product was not  a good one, the contract  should be discontinued                                                               
until things are "back on track."                                                                                               
                                                                                                                                
Number 1070                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  moved that the committee  approve $400,000 so                                                               
that Chair  Samuels could  enter into a  contract with  the state                                                               
agencies,  to  move  forward,  and   assert  state  ownership  of                                                               
navigable waterways  and the underlying  properties, and  also on                                                               
RS 2477s.                                                                                                                       
                                                                                                                                
REPRESENTATIVE HAWKER  objected for  purposes of discussion.   He                                                               
said he supports  the motion but was concerned  that, despite the                                                               
obstacles,  he didn't  want to  lose sight  of the  RS 2477s;  he                                                               
didn't  want this  contract,  in  any way,  to  be indicative  of                                                               
abandonment of those pursuits.   Having said that, he removed his                                                               
objection.                                                                                                                      
                                                                                                                                
SENATOR STEVENS  asked if there  was a  process in place  for the                                                               
prioritization of the filings.                                                                                                  
                                                                                                                                
Number 1088                                                                                                                     
                                                                                                                                
MS. CUNNING replied  that the [Navigability and  Access Team] had                                                               
developed  a process,  and she  noted DOL's  help in  identifying                                                               
priorities.  She  explained that the team looked  at the original                                                               
estimated 200  waterways for  which the state  filed a  notice of                                                               
intent to  sue to Quiet Title  in the early 1990s.   Under former                                                               
Governor Hickel, it was determined  which of those waterways were                                                               
likely  to  be navigable,  and  hopefully  would not  need  court                                                               
action, but  that process fell  apart.   She said that  those 200                                                               
waterways  are useful  because there  is  sufficient evidence  to                                                               
compile   quality  recordable   disclaimer  applications.     The                                                               
prioritization of those 200 is  based on several factors, such as                                                               
filing  the  simplest  ones  so  that the  BLM  process  can  get                                                               
underway without involving complex controversial issues.                                                                        
                                                                                                                                
MS.  CUNNING  said the  Black  River  ("Black") was  filed  first                                                               
because, along  with the Kandik  and the Nation [Rivers],  it was                                                               
one of three rivers for  which quiet title was originally sought,                                                               
through the court system.  The  court granted title on the Kandik                                                               
and Nation  [Rivers] but  in the [9th  Circuit Court  of Appeals]                                                               
title  wasn't  granted the  Black,  even  though it  was  clearly                                                               
navigable,  because  BLM  didn't  take  a  position.    When  the                                                               
recordable disclaimer  process was  modified to allow  for filing                                                               
for navigable  waters, there was  already a court history  on the                                                               
Black;  the   state  filed  an   application  for   a  recordable                                                               
disclaimer  of interest  with  BLM  and BLM  now  has  to take  a                                                               
position one  way or  another.  The  comment period  closed about                                                               
two weeks  ago and BLM  is going through  comments to see  if any                                                               
other claim of interest exists on  that submerged land.  If there                                                               
is  no valid  claim  of  interest, the  presumption  is that  the                                                               
recordable disclaimer will be granted.                                                                                          
                                                                                                                                
MS. CUNNING continued that after  the Black, the next five rivers                                                               
were grouped  by location.  She  pointed out that it  takes a lot                                                               
of  staff  effort  to  research  a  particular  area,  so  it  is                                                               
efficient  to file  for  the  Klutina [River  and  Lake] and  the                                                               
Tazlina  [River and  Lake]  at  the same  time.    She said  that                                                               
another criteria used  in filing is to  avoid conservation system                                                               
units,   National  Parks   and  Refuges,   until  a   process  is                                                               
established.  She said that with  the initial six rivers, a clear                                                               
process  should be  established.   She  mentioned  that the  Wood                                                               
River System is mostly within  state land and therefore a complex                                                               
process of determining  if the upper-most extent  of the waterway                                                               
is navigable  is not necessary.   She stated that as  the choices                                                               
become more complex, more guidance will be desired from the DOL.                                                                
                                                                                                                                
Number 1173                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER,  in response  to  a  question from  Chair                                                               
Samuels, confirmed that his objection was removed.                                                                              
                                                                                                                                
CHAIR SAMUELS  asked if there  was any further objection.   There                                                               
being none, the motion carried.                                                                                                 
                                                                                                                                
SENATOR THERRIAULT  said he presumed  that Pat Davidson  would be                                                               
involved with  drafting a binding contract  which would delineate                                                               
the deliverables, timelines, and so forth.                                                                                      
                                                                                                                                
SENATOR GARY WILKEN  referred to Chair Samuels'  letter of August                                                               
19th to  Scott Goldsmith  (ph) regarding  the cost  of education,                                                               
and asked that the letter  be distributed to committee members in                                                               
preparation for  the next Joint  Committee on  Legislative Budget                                                               
and  Audit meeting.   He  also asked  Ms. Davidson  for a  status                                                               
report on communication with the state's travel office.                                                                         
                                                                                                                                
MS. DAVIDSON  replied that  she knew of  no specifics  other than                                                               
the Division of Finance's receipt  of the letter [issued in early                                                               
August from Senator Therriault's office].                                                                                       
                                                                                                                                
Number 1227                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT   referred  to   a  previous   meeting  which                                                               
addressed  [RPL 08-4-0019,  Temporary Tax  Relief Payments].   He                                                               
said  he  was  disappointed  in a  committee  member's  one-sided                                                               
[opinion/editorial]  article  accusing  him and  other  committee                                                               
members  of  "thievery"  and  of "gutting  proposal."    He  said                                                               
committee  members  could  have   disagreements  but  there  were                                                               
aspects  of the  article that  were incorrect;  he said  he hoped                                                               
this would not happen in the future.                                                                                            
                                                                                                                                
Number 1247                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA replied  that she  stood by  her article                                                               
and  would   be  happy  to   discuss  it  further   with  Senator                                                               
Therriault.                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT   said,  "There  are  parts   of  that  op/ed                                                               
[opinion/editorial]  piece that  are just  flat lies,  and that's                                                               
all there is to it."                                                                                                            
                                                                                                                                
REPRESENTATIVE KERTTULA said, "I disagree  and you and I can talk                                                               
about that [outside of the meeting]."                                                                                           
                                                                                                                                
SENATOR  WILKEN  said  he  would  like to  be  included  in  that                                                               
conversation.                                                                                                                   
                                                                                                                                
SENATOR STEVENS  referred to  [RPL 06-4-0042,  Temporary Medicaid                                                               
FMAP Relief].  [Tape Ends.]                                                                                                     
                                                                                                                                
TAPE 03-7, SIDE A [Beginning of tape was recorded over.]                                                                      
                                                                                                                              
SENATOR  STEVENS continued  by referencing  the attached  Federal                                                               
Register  in the  committee packet  [June  17,2003, page  35890],                                                               
second column, third paragraph from  the bottom, "The Jobs Growth                                                               
Tax  Relief Reconciliation  Act" which  provides $10  billion for                                                               
other temporary state  relief payments, based on  population.  He                                                               
stated  that population  was the  only criteria  for distribution                                                               
given by the federal government.                                                                                                
                                                                                                                                
CHAIR SAMUELS said, "So noted."                                                                                                 
                                                                                                                                
Number 1279                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER stated  that  Ms. Davidson  had asked  for                                                               
clarification  on a  motion  made and  approved  at the  previous                                                               
Joint Committee  on Legislative  Budget and  Audit meeting.   The                                                               
motion authorized  the department to  pursue a lease  renewal for                                                               
office space.  He asked that  the solicitation for a new lease be                                                               
not  only  to  solicit,  but  also to  enter  into  a  new  lease                                                               
contract, in accordance  with the discussion from  the meeting of                                                               
[July 9, 2003].                                                                                                                 
                                                                                                                                
Number 1287                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER moved  that  the  committee authorize  the                                                               
legislative auditor to both solicit  and award a lease for office                                                               
space in Anchorage.                                                                                                             
                                                                                                                                
CHAIR  SAMUELS asked  if there  was any  objection.   There being                                                               
none, it was so ordered.                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the Joint                                                               
Committee on  Legislative Budget and Audit  meeting was adjourned                                                               
at approximately 4 p.m.                                                                                                       

Document Name Date/Time Subjects