Legislature(2003 - 2004)

07/08/2004 11:05 AM 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                                                                       
                          July 8, 2004                                                                                          
                           11:05 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ralph Samuels, Chair                                                                                             
Representative Mike Chenault                                                                                                    
Representative Mike Hawker                                                                                                      
Representative Vic Kohring (via teleconference)                                                                                 
Representative Beth Kerttula (via teleconference)                                                                               
                                                                                                                                
Senator Gene Therriault, Vice Chair (via teleconference)                                                                        
Senator Ben Stevens                                                                                                             
Senator Con Bunde                                                                                                               
Senator Gary Wilken (via teleconference)                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
APPROVAL OF MINUTES                                                                                                             
RPL FOR THE ALASKA AVIATION SAFETY PROJECT                                                                                      
OTHER COMMITTEE BUSINESS                                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CHERYL FRASCA, Director                                                                                                         
Office of Management & Budget (OMB)                                                                                             
Office of the Governor                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the RPL 09-5-001 regarding the                                                                   
Alaska Aviation Safety Project to the Joint Committee on                                                                        
Legislative Budget and Audit.                                                                                                   
                                                                                                                                
JOHN CRAMER, Director                                                                                                           
Administrative Services Division                                                                                                
Department of Military & Veterans' Affairs                                                                                      
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During discussion  of  the  RPL  09-5-001                                                               
regarding   the   Alaska   Aviation  Safety   Project,   answered                                                               
questions.                                                                                                                      
                                                                                                                                
DAVID TEAL                                                                                                                      
Legislative Fiscal Analyst                                                                                                      
Legislative Finance Division                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information  to the Joint Committee                                                               
on Legislative Budget and Audit regarding RPL 09-5-001.                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-12, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  RALPH SAMUELS  called the  Joint Committee  on Legislative                                                             
Budget and Audit meeting to  order at 11:05 a.m.  Representatives                                                               
Samuels,  Chenault,  Hawker,  Kohring (via  teleconference),  and                                                               
Kerttula  (via  teleconference)   and  Senators  Therriault  (via                                                               
teleconference),   Ben   Stevens,    Bunde,   and   Wilken   (via                                                               
teleconference) were present at the call to order.                                                                              
                                                                                                                                
APPROVAL OF MINUTES                                                                                                           
                                                                                                                                
REPRESENTATIVE HAWKER  made a  motion to  approve the  minutes of                                                               
April 27, 2004, and the May  18, 2004.  There being no objection,                                                               
the minutes from the meetings of  April 27, 2004, and the May 18,                                                               
2004 were approved.                                                                                                             
                                                                                                                                
RPL FOR THE ALASKA AVIATION SAFETY PROJECT                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER moved that  the committee approve RPL 09-5-                                                               
0001, the Alaska Aviation Safety Project.                                                                                       
                                                                                                                                
CHAIR SAMUELS objected.                                                                                                         
                                                                                                                                
CHERYL  FRASCA, Director,  Office of  Management &  Budget (OMB),                                                               
Office of  the Governor, explained that  the RPL is a  request to                                                               
receive  $2.8 million  in federal  funds  from NASA  in order  to                                                               
continue  a  project  that collects  safety  information  to  map                                                               
airline  mountain passes.   Recently,  confirmation was  received                                                               
that NASA has  actually approved the grant funds.   She indicated                                                               
that  the  confirmation  had been  provided  to  the  Legislative                                                               
Finance  Division.   Timing,  in regard  to  the longer  daylight                                                               
hours  and   good  weather,  is  important,   and  therefore  the                                                               
committee's quick response is appreciated, she related.                                                                         
                                                                                                                                
CHAIR SAMUELS  related that he  has received many calls  from the                                                               
private  pilot  community, which  was  concerned  that any  delay                                                               
would result in the  loss of time to map some  of the passes that                                                               
the private  pilots use.   This is a  safety factor.   He related                                                               
his  appreciation and  that of  the private  pilots for  the work                                                               
that OMB has done.                                                                                                              
                                                                                                                                
REPRESENTATIVE KERTTULA  recalled that OMB had  questions on this                                                               
matter during  special session [when  this matter  was originally                                                               
scheduled  before  the committee].    She  inquired as  to  OMB's                                                               
concerns during special session.                                                                                                
                                                                                                                                
MS. FRASCA  explained that  things happened  so quickly  that OMB                                                               
wanted to be sure  that it had all the information.   At the time                                                               
of  the special  session,  the confirmation  from NASA  regarding                                                               
whether the  funds would be  awarded hadn't been received.   That                                                               
confirmation has been received and thus the project can proceed.                                                                
                                                                                                                                
Number 030                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  recalled that there was  a question regarding                                                               
whether there will be the need  for a fiscal year (FY) 06 capital                                                               
appropriation.     Therefore,   he  asked   if  OMB   anticipates                                                               
additional money  coming forward.   If so, will that  be included                                                               
in the '06 capital submittal, he asked.                                                                                         
                                                                                                                                
MS. FRASCA  said that she would  rely on John Cramer  if there is                                                               
an expectation  of additional money.   She opined that  the issue                                                               
was technical  in nature.   She reminded  the committee  that the                                                               
committee's  authority is  limited to  approving increased  funds                                                               
for projects  for which  the legislature as  a whole  has already                                                               
approved.   The  aforementioned was  considered when  determining                                                               
how the  committee could receive  the money  and align it  with a                                                               
capital appropriation  in order to  avoid a lapse.   However, she                                                               
related  her belief  that now  the  money is  associated with  an                                                               
operating budget  appropriation.  The  OMB will work  through the                                                               
issues to  determine whether  it's necessary  to address  it next                                                               
session    as   either    a    supplemental   appropriation,    a                                                               
reappropriation, or an appropriation in FY 06.                                                                                  
                                                                                                                                
REPRESENTATIVE KERTTULA related her  assumption that there wasn't                                                               
a  capital  project  with  which   this  could  be  aligned,  and                                                               
therefore  the project  has been  placed in  the operating  side.                                                               
She asked if that created any problems for next session.                                                                        
                                                                                                                                
JOHN   CRAMER,   Director,  Administrative   Services   Division,                                                               
Department of Military & Veterans'  Affairs, confirmed that there                                                               
wasn't an  existing capital  project that  this project  could be                                                               
run  through,  and  therefore  it was  placed  in  the  operating                                                               
budget.                                                                                                                         
                                                                                                                                
MS. FRASCA  said that she  wasn't aware  of any problem  that the                                                               
aforementioned placement might create.                                                                                          
                                                                                                                                
REPRESENTATIVE  KERTTULA  related  her  understanding  that  this                                                               
project  is going  to  be in  the operating  budget  and will  be                                                               
appropriated through  the Joint  Committee on  Legislative Budget                                                               
and Audit back to the division for use.                                                                                         
                                                                                                                                
MS.  FRASCA explained  that the  issue is  regarding whether  the                                                               
funds  would lapse  at  the  end of  the  fiscal  year.   Capital                                                               
appropriations  don't lapse  at the  end of  the fiscal  year and                                                               
thus some  of the  "logistical or  paperwork" hurdles  would have                                                               
been removed had  this been attached to  a capital appropriation.                                                               
However, no capital appropriation was  found and due to the scope                                                               
of authority  of the  Joint Committee  on Legislative  Budget and                                                               
Audit it was  necessary to find a  related original appropriation                                                               
to which  these funds could  be added.   The suggestion  has been                                                               
made that  next session the appropriation  be re-categorized from                                                               
an operating  appropriation to a  capital appropriation,  if it's                                                               
necessary.   The Legislative Finance Division  has indicated that                                                               
it may not  be necessary, especially if the money  is expended by                                                               
the end of the fiscal year.                                                                                                     
                                                                                                                                
REPRESENTATIVE  CHENAULT  noted  that   HB  375,  which  includes                                                               
appropriation  authorities,  hasn't been  signed.    He asked  if                                                               
there  will be  any  problems if  this RPL  is  approved and  the                                                               
[appropriation  to which  it's attached]  is eliminated  from the                                                               
budget.                                                                                                                         
                                                                                                                                
MS. FRASCA  said that  she wasn't  aware that  the aforementioned                                                               
would create a problem.                                                                                                         
                                                                                                                                
Number 071                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HAWKER  turned to  the  second  bullet under  the                                                               
heading of Budgetary Issues on the  RPL form.  That second bullet                                                               
says,  "This project  is not  applicable to  current departmental                                                               
efficiency  measures."   He  inquired  as to  the  point of  that                                                               
statement.                                                                                                                      
                                                                                                                                
MS.  FRASCA   noted  that  these   forms  are  prepared   by  the                                                               
departments and  the instructions  include a number  of questions                                                               
that the department is asked to  answer.  The second bullet is in                                                               
response  to the  question regarding  whether  the project  would                                                               
advance  one  of  the   department's  efficiency  or  performance                                                               
measures.                                                                                                                       
                                                                                                                                
DAVID  TEAL,  Legislative  Fiscal  Analyst,  Legislative  Finance                                                               
Division, returned to Representative  Chenault's note that HB 375                                                               
hasn't  been  signed.     Mr.  Teal  related   that  without  the                                                               
[governor's] signature [on HB 375]  there is no LB&A language and                                                               
no  authority  to  review  and  no  appropriation  can  be  made.                                                               
Therefore, he suggested that the  RPL be approved contingent upon                                                               
the governor's signature of HB 375.                                                                                             
                                                                                                                                
SENATOR BUNDE  said that he  hasn't seen  a list of  the mountain                                                               
passes that would be mapped, and  therefore he inquired as to the                                                               
specific passes this would address.                                                                                             
                                                                                                                                
MR. CRAMER offered to provide that information to the committee.                                                                
                                                                                                                                
Number 100                                                                                                                      
                                                                                                                                
REPRESENTATIVE HAWKER  amended his earlier motion  by moving that                                                               
the  committee approve  RPL 09-5-001,  with the  effectiveness of                                                               
the RPL  being contingent upon the  signing of HB 375  to include                                                               
the provisions as referenced in the appropriation authority.                                                                    
                                                                                                                                
CHAIR SAMUELS  removed his earlier  objection and  announced that                                                               
the RPL was approved.                                                                                                           
                                                                                                                                
OTHER BUSINESS                                                                                                                
                                                                                                                                
SENATOR WILKEN inquired  as to the status of the  purchase of the                                                               
Wood McKenzie study.                                                                                                            
                                                                                                                                
CHAIR SAMUELS  answered that  the Woods  McKenzie study  has been                                                               
purchased and it's expected to  be [available] mid October or mid                                                               
November.   He  noted that  there have  been questions  regarding                                                               
price  points  versus  a  range.    He  also  noted  that  he  is                                                               
continuing  to look  for  other  studies as  other  options.   In                                                               
further response  to Senator Wilken,  Chair Samuels said  that he                                                               
approved about roughly [$45,000 U.S.]                                                                                           
                                                                                                                                
SENATOR  WILKEN also  asked if  the status  report for  [American                                                               
Institutes for Research] study is available.                                                                                    
                                                                                                                                
CHAIR  SAMUELS  said that  the  contract  has  been signed.    He                                                               
related that the  goal is to complete [the status  report] by mid                                                               
December  in  order  to  be   available  in  time  for  the  next                                                               
legislative session.  That timeframe seems to be [on course].                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the Joint                                                                 
Committee on Legislative Budget and Audit meeting was adjourned                                                                 
at 11:20 a.m.                                                                                                                   

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