Legislature(1999 - 2000)

03/22/2000 01:50 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                  HOUSE FINANCE COMMITTEE                                                                                       
                       March 22, 2000                                                                                           
                         1:50 P.M.                                                                                              
                                                                                                                                
TAPE HFC 00 - 78, Side 1                                                                                                        
TAPE HFC 00 - 78, Side 2                                                                                                        
TAPE HFC 00 - 79, Side 1                                                                                                        
                                                                                                                                
RECONVENED                                                                                                                    
                                                                                                                                
Co-Chair  Therriault  called   the  House  Finance  Committee                                                                   
meeting to order at 1:50 p.m.                                                                                                   
                                                                                                                                
PRESENT                                                                                                                       
                                                                                                                                
Co-Chair Mulder                Representative Foster                                                                            
Co-Chair Therriault            Representative Grussendorf                                                                       
Vice Chair Bunde               Representative Moses                                                                             
Representative J. Davies       Representative Phillips                                                                          
Representative G. Davis        Representative Williams                                                                          
                                                                                                                                
Representative Austerman was absent from the meeting.                                                                           
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative   Lisa   Murkowski;   Mike   Tibbles,   Staff,                                                                   
Representative Therriault;  Ken Freeman, Executive  Director,                                                                   
Resource  Development  Council; Steven  Daugherty,  Assistant                                                                   
Attorney   General,  Department   of   Law  Patrick   Galvin,                                                                   
Director,  Division of Governmental  Coordination,  Office of                                                                   
Management  and   Budget,  Office   of  the  Governor;   Jack                                                                   
Kreinheder, Senior  Policy Analyst, Office of  Management and                                                                   
Budget; Barbara  Frank, Director, Division  of Administrative                                                                   
Services,  Department  of Environmental  Conservation;  Karen                                                                   
Brand,  Vice President,  Alaska  State  Chamber of  Commerce,                                                                   
Juneau; Jack  Fargnoli, Policy Analyst, Office  of Management                                                                   
and  Budget; Ginger  Blaisdell,  Fiscal Analyst,  Legislative                                                                   
Finance   Division;   Traci    Carpenter,   Fiscal   Analyst,                                                                   
Legislative   Finance   Division;  Tamara   Cook,   Director,                                                                   
Legislative Legal  and Research Section,  Legislative Affairs                                                                   
Agency;  Karla  Schofield,  Deputy  Director,  Administrative                                                                   
Services, Legislative Affairs Agency.                                                                                           
                                                                                                                                
TESTIFIED VIA TELECONFERENCE                                                                                                  
                                                                                                                                
Karen  Cowart,  General  Manager,   Alaska  Support  Industry                                                                   
Alliance (The  Alliance), Anchorage: Janice  Adair, Director,                                                                   
Division    of   Environmental    Health,    Department    of                                                                   
Environmental  Conservation;  Cheryl  Fresca,  Alaska  Policy                                                                   
Council,  Anchorage;  Sharon  Young,  State  Recorder,  State                                                                   
Recorder's   Office,   Department   of   Natural   Resources,                                                                   
Anchorage;  Linda  Kesterson,   Assistant  Attorney  General,                                                                   
Department  of  Law;  Donald Rapson,  Drafting  Committee  on                                                                   
Article IX; Jerry Kurtz, Attorney,  Anchorage; Mark Langland,                                                                   
President, Fiscal Policy Council, Anchorage;                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 239    "An  Act relating to  the Uniform Commercial  Code;                                                                   
          relating  to  secured transactions;  amending  Rule                                                                   
          79, Alaska Rules of  Civil Procedure; and providing                                                                   
          for an effective date."                                                                                               
                                                                                                                                
          CSHB 239 (FIN) was REPORTED out of Committee with                                                                     
          a "do  pass" recommendation and with  fiscal impact                                                                   
          note  by  the  Department   of  Natural  Resources,                                                                   
          publish date 2/11/00.                                                                                                 
                                                                                                                                
HB 265    "An  Act  extending  the termination  date  of  the                                                                   
          Alaska  regional economic  assistance program;  and                                                                   
          providing for an effective date."                                                                                     
                                                                                                                                
          HB 265 was postponed.                                                                                                 
                                                                                                                                
HB 350    "An Act  repealing the statutory bars  to the State                                                                   
          of  Alaska's  prosecution of  a  criminal act  that                                                                   
          resulted  in  a  conviction  or  acquittal  by  the                                                                   
          United States, another state, or territory."                                                                          
                                                                                                                                
          HB 350 was postponed.                                                                                                 
                                                                                                                                
HB 361    "An  Act relating  to charges  for state  services;                                                                   
          requiring  that fees  levied  by resource  agencies                                                                   
          for designated regulatory  services be based on the                                                                   
          actual and reasonable  direct cost of providing the                                                                   
          services, except in  the case of certain negotiated                                                                   
          or  fixed fees;  relating  to  negotiated or  fixed                                                                   
          fees  of resource  agencies;  relating to  invoices                                                                   
          for designated regulatory  services; establishing a                                                                   
          petition   process   regarding  fees   charged   by                                                                   
          resource  agencies  for  regulatory  services;  and                                                                   
          providing for an effective date."                                                                                     
                                                                                                                                
          CSHB 361  (FIN) was REPORTED out of  Committee with                                                                   
          a "do pass" recommendation.                                                                                           
                                                                                                                                
HJR 2     Proposing amendments to the Constitution of the                                                                       
          State  of  Alaska  relating  to  a  biennial  state                                                                   
          budget,   to  the  appropriation   limit,   and  to                                                                   
          appropriations from the budget reserve fund.                                                                          
                                                                                                                                
          HJR 2  was heard and HELD in Committee  for further                                                                   
          consideration.                                                                                                        
                                                                                                                                
HOUSE BILL NO. 361                                                                                                            
                                                                                                                                
     "An  Act   relating  to  charges  for   state  services;                                                                   
     requiring  that  fees levied  by resource  agencies  for                                                                   
     designated  regulatory services be  based on  the actual                                                                   
     and reasonable  direct cost  of providing the  services,                                                                   
     except in the case of certain  negotiated or fixed fees;                                                                   
     relating  to  negotiated   or  fixed  fees  of  resource                                                                   
     agencies;   relating   to    invoices   for   designated                                                                   
     regulatory  services;  establishing a  petition  process                                                                   
     regarding   fees  charged   by  resource  agencies   for                                                                   
     regulatory  services;  and  providing for  an  effective                                                                   
     date."                                                                                                                     
                                                                                                                                
Co-Chair Therriault  provided members with Amendment  2 (copy                                                                   
on file).                                                                                                                       
                                                                                                                                
MIKE  TIBBLES,  STAFF,  REPRESENTATIVE   THERRIAULT  provided                                                                   
information on  Amendment 2. He  observed that  the amendment                                                                   
was  drafted  in  response  to   concerns  expressed  by  the                                                                   
Department  of  Environmental   Conservation,  Department  of                                                                   
Natural Resources and the Department of Law.                                                                                    
                                                                                                                                
Mr.  Tibbles  discussed  amendment  2.  On Page  2,  line  10                                                                   
"sales" was deleted and "sale  or lease" inserted. The change                                                                   
makes sure that the limitation  on fees does not apply to the                                                                   
state of  Alaska's interest in  leases on property.  This was                                                                   
in  response  to  concerns  of   the  Department  of  Natural                                                                   
Resources.                                                                                                                      
                                                                                                                                
On page 4, line  3 "serve upon" was deleted  and "provide to"                                                                   
inserted.  This  was in  response  to concerns  expressed  by                                                                   
Representative   J.   Davies.   This   clarifies   that   the                                                                   
determination would be provided to the applicant.                                                                               
                                                                                                                                
A  new subsection  was  added on  page 4,  line  10: "(f)  No                                                                   
action  taken  by   a  resource  agency  or   the  Office  of                                                                   
Management and  Budget under (c)  of this section  is subject                                                                   
to AS  44.62  (Administrative Procedure  Act)." This  assures                                                                   
that no one is required to establish fees in regulations.                                                                       
                                                                                                                                
On page 7, line  16 "for" was added before  "associated with"                                                                   
to clarify that if there is a  pipeline right-away-lease that                                                                   
other fees associated with the lease would not be included.                                                                     
                                                                                                                                
The  last change  was  on  page 8,  line  31. The  Office  of                                                                   
Management  and Budget was  added to  section 4, which  gives                                                                   
each agency  involved the authority  to adopt  regulations to                                                                   
implement the act.                                                                                                              
                                                                                                                                
Co-Chair Therriault  reiterated that the  amendment addresses                                                                   
concerns by  the Department of Natural  Resources, Department                                                                   
of Law and by Representative J. Davies.                                                                                         
                                                                                                                                
Co-Chair Therriault MOVED to ADOPT Amendment 2.                                                                                 
                                                                                                                                
KEN  FREEMAN,   EXECUTIVE   DIRECTOR,  RESOURCE   DEVELOPMENT                                                                   
COUNCIL  (RDC)  observed  that  RDC  is  in  support  of  the                                                                   
amendment.                                                                                                                      
                                                                                                                                
In response  to a  question by  Representative Williams,  Co-                                                                   
Chair Therriault explained that  the Office of Management and                                                                   
Budget  was given the  authorization to  adopt regulation  at                                                                   
the request of the Department of Law.                                                                                           
                                                                                                                                
STEVEN DAUGHERTY,  ASSISTANT ATTORNEY GENERAL,  DEPARTMENT OF                                                                   
LAW  explained  that the  legislation  previously  referenced                                                                   
only  the  natural  resource   agencies  and  gave  them  the                                                                   
authority to adopt regulations.  The Office of Management and                                                                   
Budget was given  responsibility, but was not  included under                                                                   
the definition  of a  natural resource  agency and  therefore                                                                   
did  not have  regulation adoption  authority. He  emphasized                                                                   
that   regulation   adoption    authority   is   needed   for                                                                   
implementation of the bill.                                                                                                     
                                                                                                                                
Co-Chair Therriault  clarified  that the regulation  adoption                                                                   
authority is only given for implementation of HB 341.                                                                           
                                                                                                                                
PATRICK   GALVIN,   DIRECTOR,    DIVISION   OF   GOVERNMENTAL                                                                   
CORDINATION (DGC),  OFFICE OF  MANAGEMENT AND BUDGET,  OFFICE                                                                   
OF  THE GOVERNOR  explained  that  DGC  would carry  out  the                                                                   
petition  portion of  the Office of  Management and  Budget's                                                                   
functions that  are recognized  in the legislation.  He spoke                                                                   
in support  of Amendment 2 and  noted that DGC  was uncertain                                                                   
if regulations  would be needed to fulfill  their legislative                                                                   
mandate.  He stated  that he  would be  uncomfortable if  DGC                                                                   
were precluded  from adopting regulation through  omission of                                                                   
regulatory authority.                                                                                                           
                                                                                                                                
JACK KREINHEDER, SENIOR POLICY  ANALYST, OFFICE OF MANAGEMENT                                                                   
AND BUDGET, OFFICE  OF THE GOVERNOR observed  that the Office                                                                   
of the  Governor did not submit  an updated fiscal  note. The                                                                   
original  fiscal  note  requested  two  positions  at  $157.6                                                                   
thousand dollars.  Contractual costs of $20  thousand dollars                                                                   
were  also  included.  He  acknowledged  that  the  committee                                                                   
substitute  would reduce  their  fiscal  cost by  authorizing                                                                   
appeals at the agency level. He  emphasized the difficulty of                                                                   
predicting the workload.                                                                                                        
                                                                                                                                
There being NO OBJECTION, Amendment 2 was adopted.                                                                              
                                                                                                                                
Representative Phillips MOVED to ADOPT Amendment 3:                                                                             
                                                                                                                                
     Page 6, line 31:                                                                                                           
     Delete " or"                                                                                                               
                                                                                                                                
     Page 7, line 2, following "provided;"                                                                                      
     Insert "or (G) travel expenses for inspecting                                                                              
     businesses having not more 6 than 20 employees;"                                                                           
                                                                                                                                
Representative  Phillips explained that  the amendment  is an                                                                   
attempt to  help small miners  in Alaska, who are  located in                                                                   
very remote, rural areas.                                                                                                       
                                                                                                                                
Co-Chair  Therriault  expressed  concern that  the  amendment                                                                   
would carve  out one section  of the regulated  industry, but                                                                   
emphasized  small operations would  have had  to pay  for the                                                                   
cost  of  flying someone  to  remote  sites  and that  he  is                                                                   
sensitive to the needs of small placer miners.                                                                                  
                                                                                                                                
Vice Chair  Bunde observed that  small mining  operations pay                                                                   
only  20 percent  of  what it  actually  costs  the state  to                                                                   
permit  and supervise  them. He questioned  if more  expenses                                                                   
would be put  on large mining operations to  exempt the small                                                                   
miners.                                                                                                                         
                                                                                                                                
Co-Chair Therriault  stated that  the amendment  would retain                                                                   
the status  quo for  small miners.  Vice Chair Bunde  pointed                                                                   
out that  the status quo  is being changed  for the  rest (of                                                                   
the mining operations).  He questioned how long  miners would                                                                   
be subsidized.                                                                                                                  
                                                                                                                                
There being NO OBJECTION, Amendment 3 was adopted.                                                                              
                                                                                                                                
Representative J.  Davies MOVED to ADOPT Amendment  4: insert                                                                   
on  page 6,  line 12  "food, drugs,  and  cosmetics under  AS                                                                   
17.20."  He explained  that  the  amendment would  bring  the                                                                   
inspection   of  restaurants   under   the  legislation.   He                                                                   
maintained  that the  amendment fits  under the  legislation.                                                                   
The Department of Environmental  Conservation could implement                                                                   
the amendment with a minimal of additional work.                                                                                
                                                                                                                                
Co-Chair  Therriault pointed  out  that  drugs and  cosmetics                                                                   
would  be  added. Representative  J.  Davies  explained  that                                                                   
drugs and  cosmetics were included  because they are  part of                                                                   
the statutory site.                                                                                                             
                                                                                                                                
Mr.  Freeman stated  that  the Resource  Development  Council                                                                   
would  have difficulty  supporting the  amendment. He  stated                                                                   
that he  had envisioned  the bill  as a  model that  could be                                                                   
applied  to  other  programs.  He maintained  that  the  best                                                                   
approach  would be  to look  at  the four  programs that  are                                                                   
currently  within  the  regulatory services.  These  are  the                                                                   
programs that  RDC has  worked with.  He stressed that  there                                                                   
would be  complexities  with the addition  of restaurant  and                                                                   
hair salon  inspections.  He spoke in  support of  addressing                                                                   
restaurant inspections in other legislation.                                                                                    
                                                                                                                                
Co-Chair   Therriault  spoke   against   the  amendment.   He                                                                   
emphasized  that the  food industry  had  not had  sufficient                                                                   
time to respond to the amendment.                                                                                               
                                                                                                                                
Representative J.  Davies spoke in support of  the amendment.                                                                   
He felt that the food industry would support the amendment.                                                                     
                                                                                                                                
Co-Chair Therriault  stressed  that resource industries  have                                                                   
good   associations   for   collecting    and   disseminating                                                                   
information. He did not think  that there was sufficient time                                                                   
to disseminate  the information  to the restaurant  industry.                                                                   
He stated  that he  would like to  see more participation  by                                                                   
the restaurant industry.                                                                                                        
                                                                                                                                
Representative J. Davies pointed  out that significant budget                                                                   
impacts were  made on the  industry, in increasing  fee rates                                                                   
while decreasing  service, without  their input.  He stressed                                                                   
that the  amendment would  level the  playing field  and give                                                                   
them  the   same  kind  of   protections  in  terms   of  the                                                                   
development of fees. He felt that  the food industry would be                                                                   
supportive.                                                                                                                     
                                                                                                                                
JANICE  ADAIR, DIRECTOR,  DIVISION  OF ENVIRONMENTAL  HEALTH,                                                                   
DEPARTMENT  OF   ENVIRONMENTAL  CONSERVATION   testified  via                                                                   
teleconference. She observed that  the amendment would result                                                                   
in lower  permitting fees for  food facilities in  the state.                                                                   
The  food industry  is  currently assessed  a  flat fee.  She                                                                   
clarified  that  the  department  does  not  charge  fees  to                                                                   
hairdressers  or salons. The  amendment would eliminate  some                                                                   
of the  items that  are currently included  in fees  from the                                                                   
fee structure.                                                                                                                  
                                                                                                                                
Co-Chair Therriault  questioned  if the hospitality  industry                                                                   
had reached a  unified decision on which direction  they wish                                                                   
to pursue.                                                                                                                      
                                                                                                                                
Ms.  Adair stressed  that she  had  not heard  from a  single                                                                   
business  that did  not support  the reduction  of fees.  She                                                                   
noted that there  is recognition, in the food  industry, that                                                                   
state oversight  of food  service and  processing is  needed.                                                                   
There is also a strong desire to see fees reduced.                                                                              
                                                                                                                                
Mr. Freeman acknowledged that  fees need to be addressed from                                                                   
a broader perspective,  but emphasized that it  has taken two                                                                   
years  to get to  the current  point with  the four  programs                                                                   
included  in  the  legislation.  He  expressed  concern  that                                                                   
additional  programs would inhibit  the legislation's  chance                                                                   
to be enacted.                                                                                                                  
                                                                                                                                
In response  to a question  by Representative J.  Davies, Ms.                                                                   
Adair  pointed  out  that  the  Department  of  Environmental                                                                   
Conservation's overriding concern  with the bill is the issue                                                                   
of  equity.  She  acknowledged  that there  needs  to  be  an                                                                   
overriding policy  on setting  fees. The restaurant  industry                                                                   
has a lot  of small operators  that are paying as much  as 93                                                                   
percent of  the cost  to the state  to oversee the  industry.                                                                   
There  should be a  rational basis  for any  inequity in  fee                                                                   
structures.  This would  be  the only  other  program in  the                                                                   
Department of  Environmental Conservation  that would  not be                                                                   
covered. She  did not  think that the  inclusion of  the food                                                                   
industry would be difficult to administer.                                                                                      
                                                                                                                                
Representative  J. Davies  maintained that  inclusion of  the                                                                   
food industry would round out  the bill and bring all aspects                                                                   
that are under  the Department of Environmental  Conservation                                                                   
under the legislation.  He observed that the  legislation was                                                                   
limited to the  Department of Environmental  Conservation and                                                                   
the Department of Fish and Game.  He maintained that the food                                                                   
industry is  the only obvious  piece, left out, that  fits in                                                                   
the purview.                                                                                                                    
                                                                                                                                
Co-Chair Therriault  questioned the  impact of the  amendment                                                                   
on the fiscal note. Ms. Adair  responded that the fiscal cost                                                                   
would  be  approximately  $300   thousand  dollars  with  the                                                                   
adoption  of Amendment  3 and $250  thousand dollars  without                                                                   
Amendment 3.                                                                                                                    
                                                                                                                                
Representative G.  Davis observed that restaurant  fees are a                                                                   
problem  throughout  the state.  He  felt that  the  industry                                                                   
would support the amendment.                                                                                                    
                                                                                                                                
Co-Chair Therriault clarified  that there were no discussions                                                                   
with the food  industry. He observed that the  addition would                                                                   
increase the fiscal cost.                                                                                                       
                                                                                                                                
In response  to a  question by  Representative G. Davis,  Ms.                                                                   
Adair  reiterated   that  the  Department   of  Environmental                                                                   
Conservation  does not have  authority for  fees on  drugs or                                                                   
cosmetics.                                                                                                                      
                                                                                                                                
A roll call vote  was taken on the motion to  adopt Amendment                                                                   
4.                                                                                                                              
                                                                                                                                
IN FAVOR: Davies, Foster, Grussendorf, Moses                                                                                    
OPPOSED: Phillips, Williams, Bunde, Therriault                                                                                  
                                                                                                                                
The MOTION FAILED (4-5).                                                                                                        
                                                                                                                                
BARBARA   FRANK,   DIRECTOR,   DIVISION   OF   ADMINISTRATIVE                                                                   
SERVICES, DEPARTMENT  OF ENVIRONMENTAL CONSERVATION  observed                                                                   
that  the  fiscal   note  would  have  to  be   reviewed  and                                                                   
resubmitted  to   reflect  changes  made  in   the  committee                                                                   
substitute. She noted  that there would be different  sets of                                                                   
fees for small and large facilitates  (based on Amendment 3).                                                                   
There would  be no change  in the first  year. Support  for a                                                                   
paralegal  would be  reduced  by approximately  $55  thousand                                                                   
dollars. The revenue projections  would reflect a loss of $75                                                                   
thousand dollars. In the water  quality program $256 thousand                                                                   
dollars  in statutory  designated program  receipts would  be                                                                   
changed to general fund program  receipts. She noted that the                                                                   
department could  not anticipate the mix between  fixed fees,                                                                   
time and materials, and negotiated agreements.                                                                                  
                                                                                                                                
Co-Chair Therriault  suggested that the legislation  could be                                                                   
moved from committee and that  the updated fiscal notes could                                                                   
follow.                                                                                                                         
                                                                                                                                
Vice  Chair Bunde  MOVED  to report  CSHB  361  (FIN) out  of                                                                   
Committee with individual recommendations.                                                                                      
                                                                                                                                
CSHB  361 (FIN)  was REPORTED  out  of Committee  with a  "do                                                                   
pass" recommendation.                                                                                                           
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
HOUSE BILL NO. 239                                                                                                            
                                                                                                                                
     "An  Act  relating  to  the   Uniform  Commercial  Code;                                                                   
     relating  to  secured transactions;  amending  Rule  79,                                                                   
     Alaska Rules  of Civil Procedure;  and providing  for an                                                                   
     effective date."                                                                                                           
                                                                                                                                
Co-Chair Therriault provided members  with proposed committee                                                                   
substitute, work draft 1-LS0455\K, 2/17/00 (copy on file).                                                                      
                                                                                                                                
Vice  Chair  Bunde  MOVED to  ADOPT  work  draft  1-LS0455\K,                                                                   
2/17/00. There being NO OBJECTION, it was so ordered.                                                                           
                                                                                                                                
REPRESENTATIVE  LISA MURKOWSKI  testified in  support of  the                                                                   
legislation.  She  explained that  the  committee  substitute                                                                   
incorporates  minor   technical  changes  submitted   by  the                                                                   
National Conference  of Commissioners on Uniform  State Laws.                                                                   
She observed  that it  is the  first time  that the  code has                                                                   
been updated in 25 years. She  maintained that all interested                                                                   
parties   reviewed    the   legislation.    The   legislation                                                                   
accommodates   electronic  filing   and  centralized   filing                                                                   
systems,   expands  the   scope  of   property  for   secured                                                                   
transactions, and updates the  uniform commercial code (UCC).                                                                   
The bill would take affect July  1, 2001. The House Labor and                                                                   
Commerce  and  Judiciary committees  passed  the  legislation                                                                   
with "do pass" recommendations.                                                                                                 
                                                                                                                                
SHARON  YOUNG,  STATE  RECORDER,   STATE  RECORDER'S  OFFICE,                                                                   
DEPARTMENT  OF  NATURAL RESOURCES,  ANCHORAGE  testified  via                                                                   
teleconference in support of the  legislation. She maintained                                                                   
that the legislation would simplify  and modernize the filing                                                                   
system and  would benefit  users with  a modest fiscal  cost.                                                                   
Most of the operational impacts  could be handled internally.                                                                   
                                                                                                                                
(TAPE CHANGE, HFC 00 - 78, SIDE 2)                                                                                            
                                                                                                                                
Ms.  Young   review  the  contractual  expense.   Programming                                                                   
changes would be  needed to bring the system  into compliance                                                                   
with the  legislation. The central  filing system  would need                                                                   
to implement the usage of check  digits, as a means to verify                                                                   
accuracy  of a  file number.  The contractual  costs in  FY01                                                                   
would be  $10.5 thousand dollars.  There would  be additional                                                                   
programming  costs  of $20  thousand  dollars  in the  second                                                                   
year, related to electronic filing of applications.                                                                             
                                                                                                                                
In response  to a question  by Representative J.  Davies, Ms.                                                                   
Young explained that procedures  for the secured transactions                                                                   
would be largely the same. The  legislation changes where the                                                                   
filings occur.  Alaska currently  has a convoluted  system of                                                                   
filing. The  bulk of filings are  done in the  central filing                                                                   
office.  Many lenders  also file  at the local  level due  to                                                                   
their   uncertainty  regarding   filing  requirements.   This                                                                   
results  in unnecessary  dual  filings  and duplication.  The                                                                   
legislation would eliminate the  bulk of local filings. There                                                                   
are 35  local filing  locations. The  legislation includes  a                                                                   
lengthy transition period. She  did not think that any policy                                                                   
issues were addressed in the legislation.                                                                                       
                                                                                                                                
Representative  J. Davies  questioned who  makes the  filings                                                                   
and if the  legislation would make filings easier.  Ms. Young                                                                   
noted  that   the  user  groups  are  principally   financial                                                                   
institutions, including out-of-state lending institutions.                                                                      
                                                                                                                                
Ms.  Young  explained  that the  system  is  currently  paper                                                                   
based.  Electronic  filing  would   do  away  with  signature                                                                   
requirements.   Lenders   in   and  out-of-state   could   do                                                                   
electronic filings.                                                                                                             
                                                                                                                                
Representative  Foster questioned  if  the legislation  would                                                                   
affect the  Nome Office.  Ms. Young stated  that most  of the                                                                   
rural offices  do not do  a lot of  UCC filings. She  did not                                                                   
think that  the remote offices  (with the possible  exception                                                                   
of Bethel) would be significantly  impacted. The major impact                                                                   
would be in urban areas.                                                                                                        
                                                                                                                                
Vice  Chair   Bunde  observed   that  the  entire   component                                                                   
generates  more  than  it  takes  for  operation.  Ms.  Young                                                                   
clarified that their  agency does not receive  the benefit of                                                                   
the funds that they generate.                                                                                                   
                                                                                                                                
LINDA KESTERSON,  ASSISTANT ATTORNEY  GENERAL, DEPARTMENT  OF                                                                   
LAW testified  via teleconference.  She stated that  the only                                                                   
policy decision is to change filings  from local areas around                                                                   
the state  to a central  location. She  noted that  there has                                                                   
been a  general policy  shift around  the country toward  the                                                                   
use of  central filing locations.  Changes to the UCC  are to                                                                   
bring it up to date; there are  no substantive changes beyond                                                                   
an attempt to make it easier and  better to use. She reviewed                                                                   
the  articles affected  by  the legislation.  She  maintained                                                                   
that there  are no  significant  legal shifts  in any of  the                                                                   
articles. She observed that the  intent is for the changes to                                                                   
be enacted throughout the nation by July 1, 2001.                                                                               
                                                                                                                                
Representative  J. Davies questioned  if the legislation  has                                                                   
been reviewed  in depth. Ms.  Kesterson assured him  that the                                                                   
Department of Law reviewed the legislation in depth.                                                                            
                                                                                                                                
JERRY    KURTZ,    ATTORNEY,    ANCHORAGE    testified    via                                                                   
teleconference  in  support of  the  legislation.  He gave  a                                                                   
brief   review   of   his  credentials.   He   was   Alaska's                                                                   
representative  to the National  Conference of  Commissioners                                                                   
on  Uniform State  Law. The  legislation  gives security  for                                                                   
lenders  and debtors.  He  maintained  that no  major  policy                                                                   
changes have been  made by the legislation.  He stressed that                                                                   
the  balance  between  creditors  and debtors  has  not  been                                                                   
changed. Some additional protections  were added for debtors.                                                                   
Creditors must act in good faith.                                                                                               
                                                                                                                                
DONALD  RAPSON, DRAFTING  COMMITTEE ON  ARTICLE IX,  NATIONAL                                                                   
CONFERENCE OF  COMMISSIONERS ON  UNIFORM STATE LAW  testified                                                                   
via  teleconference   in  support  of  the   legislation.  He                                                                   
explained that  he has  been involved with  this body  of law                                                                   
for 50 years.  He observed that  the body of law has  been in                                                                   
existence  for a  long  time.  The law  serves  the needs  of                                                                   
business: lenders  and debtors.  The legislation  updates the                                                                   
law to  take advantage of  new technology, such  as financial                                                                   
software.  It   allows  the   use  of  healthcare   insurance                                                                   
receivables  as a form  of collateral.  He agreed that  there                                                                   
have  been no  major  policy changes  and  observed that  all                                                                   
sides discussed the  changes with care. He stressed  that the                                                                   
legislation requires  a bank or lending company  with offices                                                                   
in multiple  locations throughout  the United States  to file                                                                   
only in  the state  in which it  is incorporated.  Currently,                                                                   
filings are  required in every  state in which the  entity is                                                                   
in business.                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to report CSHB 239  (FIN) out of                                                                   
Committee with  the accompanying fiscal note.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Vice  Chair  Bunde  maintained  that since  the  filing  fees                                                                   
generated more than they cost that they could be reduced.                                                                       
                                                                                                                                
CSHB  239 (FIN)  was REPORTED  out  of Committee  with a  "do                                                                   
pass"  recommendation  and with  fiscal  impact  note by  the                                                                   
Department of Natural Resources, publish date 2/11/00.                                                                          
HOUSE JOINT RESOLUTION NO. 2                                                                                                  
                                                                                                                                
     Proposing  amendments to the  Constitution of  the State                                                                   
     of Alaska  relating to a  biennial state budget,  to the                                                                   
     appropriation  limit,  and  to appropriations  from  the                                                                   
     budget reserve fund.                                                                                                       
                                                                                                                                
Representative  Phillips, Sponsor,  spoke in  support of  the                                                                   
legislation. She  noted that HJR  2 proposes an  amendment to                                                                   
Alaska's Constitution  to allow  for biennial budgeting,  and                                                                   
authorizes  the governor  to present the  legislature  with a                                                                   
budget  encompassing two  fiscal  years.     As written,  the                                                                   
first  session  of  the Legislature  would  be  dedicated  to                                                                   
writing  a  two-year  budget.    Supplemental  budgets  could                                                                   
address necessary adjustments, when needed.                                                                                     
                                                                                                                                
Representative  Phillips  maintained   that  Alaska's  annual                                                                   
budget cycle  is an  arduous process, taking  up most  of the                                                                   
year.   "Every year  hundreds of  people from State  agencies                                                                   
spend countless  hours preparing for budget  presentations to                                                                   
the  Legislature  through hearings,  debates  and  closeouts.                                                                   
There  is  no  doubt  that the  budget  is  the  single  most                                                                   
important piece  of legislation that legislators  produce for                                                                   
the people of Alaska."                                                                                                          
                                                                                                                                
"Changing this  process to a  biennial budget cycle  would be                                                                   
very beneficial to  our State.  Significant  cost savings for                                                                   
the  Legislature, Administration  and the  agencies could  be                                                                   
achieved   as   well   as  far   greater   efficiencies   and                                                                   
productivity by all.  Savings  are measured in actual dollars                                                                   
and  employee productivity.  Costs  savings  are realized  in                                                                   
travel  and   per  diem  dollars.  Significant   productivity                                                                   
savings will  be achieved  in time that  can be utilized  for                                                                   
programs rather than budget preparation."                                                                                       
                                                                                                                                
"A biennial  state budget  system would  allow us to  address                                                                   
the budget in  the first year of session and  focus primarily                                                                   
on legislation  in the second  year. A biennial  state budget                                                                   
process would  also work hand-in-hand with  the results-based                                                                   
budget  concept pursued  by the  legislature. State  agencies                                                                   
would have  a chance to  initiate advance-planning  efforts -                                                                   
something, which  is very difficult under the  present annual                                                                   
state budget system.  Alaska would not be unique  in adopting                                                                   
a biennial legislative budget cycle."                                                                                           
                                                                                                                                
"Research  demonstrates  that  twenty  other  states  operate                                                                   
under  a Biennial  State  Budget system.    Systems of  other                                                                   
states  could  be  used  as  a   viable  guide  for  Alaska's                                                                   
transition into  a biennial  budget process. The  Legislature                                                                   
loses no  control over  the budget process  by changing  to a                                                                   
biennial budget cycle."                                                                                                         
                                                                                                                                
Representative  Phillips continued:  "Sound public  policy is                                                                   
paramount  to a  smooth transition  into a  new state  budget                                                                   
system.   Legislative control  over the process  is mandatory                                                                   
in  a  biennial  state  budget system.  This  may  suggest  a                                                                   
legislative   transition  team   composed  of  joint   member                                                                   
legislators, and the Administration."                                                                                           
                                                                                                                                
"In  my opinion  and  as proven  in  other  states where  the                                                                   
biennial cycle is  already in place, the greatest  benefit of                                                                   
a biennial  budget process  is the  increased efficiency  and                                                                   
productivity  that   can  be  achieved  by   State  agencies.                                                                   
Alaskans  statewide  constantly  implore  us to  become  more                                                                   
efficient and  increase our productivity.   Besides achieving                                                                   
these goals,  and the actual  costs savings of  approximately                                                                   
(and very conservatively, I might  add) $2.5 million dollars,                                                                   
associate with  a shortened session  in the second  year, the                                                                 
proposed  biennial budget  system  is a  win-win concept  for                                                                   
Alaska." She concluded  that the biennial system  would be in                                                                   
keeping with the restructuring  of government: cutting waste,                                                                   
privatization, results based budgeting,  consolidation of and                                                                   
services. She maintained that  biennial budgeting would enjoy                                                                   
greater efficiencies  and provide  major savings in  time and                                                                   
money."                                                                                                                         
                                                                                                                                
Vice  Chair Bunde  observed that  there  are fluctuations  in                                                                   
Alaska's  oil  based income  and  questioned  how a  biennial                                                                   
legislature  could cope  with changes  in the  price of  oil.                                                                   
Representative  Phillips  pointed out  that  there are  other                                                                   
states that have biennial budgets.                                                                                              
                                                                                                                                
Representative  G. Davis  suggested  that biennial  budgeting                                                                   
would give legislators more time  in the field to verify what                                                                   
the departments are telling them.                                                                                               
                                                                                                                                
Representative  Grussendorf  suggested  that  states  with  a                                                                   
biennial  system  have  static  conditions  without  gigantic                                                                   
shifts in  the market.  He added that  a first term  governor                                                                   
would inherit the budget of his predecessor.                                                                                    
                                                                                                                                
Co-Chair Therriault questioned  if each odd year would be the                                                                   
120-day session. Representative  Phillips clarified that each                                                                   
new legislature would  have a 120-day session  on their first                                                                   
year.                                                                                                                           
                                                                                                                                
Representative  Phillips  stressed   the  need  to  stabilize                                                                   
Alaska's economy with a long-range plan.                                                                                        
                                                                                                                                
Representative   J.  Davies   expressed   concern  that   the                                                                   
legislature would  not have enough time to  really understand                                                                   
budgets. He  suggested that budgets  be divided: half  of the                                                                   
budget would be  addressed each year. He observed  that there                                                                   
has not  been sufficient time  to review data in  the current                                                                   
subcommittee process.  He observed  that his father,  who was                                                                   
an official in  the state of Washington, found  that he spent                                                                   
all most as  much time preparing supplemental  budgets in the                                                                   
off year as the regular budget.  He questioned if the savings                                                                   
were overstated.                                                                                                                
                                                                                                                                
Representative  Phillips pointed  out that  some states  have                                                                   
allowed their finance committees  to meet during the interim.                                                                   
She observed that teleconferencing could be utilized.                                                                           
                                                                                                                                
KAREN  COWART,  GENERAL  MANAGER,   ALASKA  SUPPORT  INDUSTRY                                                                   
ALLIANCE    (THE   ALLIANCE),    ANCHORAGE   testified    via                                                                   
teleconference in support of HJR  2. She read from a prepared                                                                   
statement:                                                                                                                      
                                                                                                                                
     The  Alaska Support  Industry Alliance  is a  non-profit                                                                   
     trade association representing  over 350 members engaged                                                                   
     in business within the oil,  gas, and mining industries.                                                                   
     Collectively, we  represent over 29,000 employees.   Our                                                                   
     mission  is   to  foster   and  promote  the   safe  and                                                                   
     environmentally  sound development  of Alaska's  natural                                                                   
     resources.                                                                                                                 
                                                                                                                                
     We believe  state government  should do business  like a                                                                   
     business  and investigate  new  ideas  that would  allow                                                                   
     government to do more with  less - be more efficient and                                                                   
     effective  in planning  and executing  our state  budget                                                                   
     and budget  process.  Budgetary efficiency  would send a                                                                   
     message to potential investors  that we have a solid and                                                                   
     sound fiscal plan,  and our "House is in order  - a good                                                                   
     place to do business".                                                                                                     
                                                                                                                                
(TAPE CHANGE, HFC 00 - 79, SIDE 1)                                                                                            
                                                                                                                                
     We believe  a two-year budget cycle could  result in the                                                                   
     following:                                                                                                                 
                                                                                                                                
     á  An  opportunity  for  agency  planning   -  proactive                                                                   
        spending   habits  instead   of   reactive   spending                                                                   
        dialogue;                                                                                                               
                                                                                                                              
                                                                                                                                
     á  The opportunity  to analyze  state programs based  on                                                                   
        performance  and  results  prior   to  yearly  budget                                                                   
        appropriations:                                                                                                         
                                                                                                                                
     á  The potential  for a  shortened legislative  session,                                                                   
        thereby saving state dollars and resources; and                                                                         
                                                                                                                                
     á  A greater  utilization  of  all  60  legislators  and                                                                   
        their expertise.    Traditionally,  the  Senate/House                                                                   
        Finance Committees  are made  up of  the more  senior                                                                   
        members of each  body.   The House Finance  Committee                                                                   
        members serve on no other committee.   In many cases,                                                                   
        we are missing their valuable input,  wisdom and vast                                                                   
        experience in  legislation creation  due to  physical                                                                   
        time restraints.  A  two-year process would  give all                                                                   
        legislators a chance  to voice their opinions  in the                                                                   
        early stages of legislation and budget development.                                                                     
                                                                                                                                
     But,   what  about  emergency   needs  or   supplemental                                                                   
     requirements?                                                                                                              
                                                                                                                                
     A   biennial   budget   process   would   not   preclude                                                                   
     supplemental budget considerations  due to circumstances                                                                   
     of need.   These  could be  addressed on a  case-by-case                                                                   
     need.                                                                                                                      
                                                                                                                                
     Nevertheless, the  process would free up  legislators to                                                                   
     focus  attention  - one  year  on  budget, one  year  on                                                                   
     legislation.                                                                                                               
                                                                                                                                
     Twenty  states have  already adopted  a biennial  budget                                                                   
     process.   That's  a good indication  that other  states                                                                   
     are "thinking outside the box".                                                                                            
                                                                                                                                
     We  believe  Alaska  needs  to  embrace  a  new  way  of                                                                   
     thinking.   We must look  at new and innovative  ways to                                                                   
     conduct  business.    We  encourage the  dialogue  on  a                                                                   
     biennial budget process to continue.                                                                                       
                                                                                                                                
MARK LANGLAND,  PRESIDENT, FISCAL  POLICY COUNCIL,  ANCHORAGE                                                                   
testified via  teleconference in support of  the legislation.                                                                   
He   maintained   that  biennial   budgeting   would   create                                                                   
efficiencies and  fit nicely with  a long-range  fiscal plan.                                                                   
He  felt that  a  biennial budget  would  benefit the  fiscal                                                                   
process.  He  pointed  out  that  the  Constitutional  Budget                                                                   
Reserve would provide a funding  source to pick up the slack.                                                                   
He  maintained  that  biennial   budgeting  would  force  the                                                                   
legislature to  protect the Constitutional Budget  Reserve in                                                                   
order to maintain  a shock absorber that can  provide for the                                                                   
fluctuation of earnings. Planning  gives more credibility and                                                                   
comfort  to  the  business  community   and  provides  better                                                                   
opportunity for efficiencies.                                                                                                   
                                                                                                                                
CHERYL  FRESCA, ALASKA  POLICY  COUNCIL, ANCHORAGE  testified                                                                   
via  teleconference  in  support   of  the  legislation.  She                                                                   
observed that  she spent  17 years  working with the  state's                                                                   
budget as legislative  staff and in the Office  of Management                                                                   
and Budget.  She emphasized the  amount of time  required for                                                                   
executive  branch agencies  to  prepare  their annual  budget                                                                   
requests to  the legislature and  the work that  is necessary                                                                   
to close  out a fiscal  year. A  two-year budget  cycle would                                                                   
provide significant  productivity savings for  administrative                                                                   
and program  staff involved in  the various stages  of budget                                                                   
work. The  challenge would be  to free up resources  and give                                                                   
managers  flexibility. The  objections to  a two-year  budget                                                                   
are no  longer relevant.  Fluctuations  in the annual  budget                                                                   
are not  a reason not  to do biennial  budgeting. The  use of                                                                   
the Constitutional Budget Reserve  has changed the importance                                                                   
of  the  revenue  forecast.  She   maintained  that  biennial                                                                   
budgeting   would  shift   the   legislature's  function   to                                                                   
evaluating results.                                                                                                             
                                                                                                                                
Vice Chair  Bunde observed  that there are  only a  few years                                                                   
left to the  Constitutional Budget Reserve.  He questioned if                                                                   
a consequence  of biennial  budgeting would  be to  force the                                                                   
state  into  a  long-range  plan.   Ms.  Fresca  agreed  that                                                                   
biennial budgeting  would encourage long-range  planning. She                                                                   
noted that fluctuations in revenue  would still determine the                                                                   
amount of  revenues from  the Constitutional Budget  Reserve,                                                                   
but pointed out that withdraws would be taken annually.                                                                         
                                                                                                                                
KAREN  BRAND,   VICE  PRESIDENT,  ALASKA  STATE   CHAMBER  OF                                                                   
COMMERCE, JUNEAU testified in  support of the legislation. In                                                                   
response  to a  question by  Co-Chair  Therriault, Ms.  Brand                                                                   
noted that the state Chamber is on an annual budget cycle.                                                                      
                                                                                                                                
JACK  FARGNOLI,  POLICY  ANALYST, OFFICE  OF  MANAGEMENT  AND                                                                   
BUDGET  spoke in support  of the  legislation. He  maintained                                                                   
that  a  biennial  budget  approach  would  encourage  longer                                                                   
planning  timeframes for  fiscal and  program planning,  work                                                                   
well with performance  measures, give a emphasizes  for long-                                                                   
term planning  within programs, and allow for  targeted depth                                                                   
of  treatment by  the legislature  and  program managers  for                                                                   
policy needs within program areas.                                                                                              
                                                                                                                                
The  Office  of the  Governor  has  looked  at the  cost  and                                                                   
savings. Mr. Fargnoli stated that  the greatest savings would                                                                   
be  in the  shortening of  legislative sessions  in terms  of                                                                   
employees.   Savings  in  employee   productivity   could  be                                                                   
redirected  to other areas.  There would  also be savings  in                                                                   
travel and per diem.                                                                                                            
                                                                                                                                
Mr. Fargnoli  stated that  the Administration's  only concern                                                                   
is in  regards to  timing. The  legislation provides  for the                                                                   
ballot  question  to  come  before  voters  in  November.  He                                                                   
pointed  out  that  departments  and  agencies  begin  budget                                                                   
development  as soon  as  the legislative  session  adjourns.                                                                   
Agencies would  need to know the  outcome in order  to create                                                                   
their budgets.  He observed that  there are a number  of ways                                                                   
the  issue could  be addressed.  A few  departments could  be                                                                   
selected to begin  the process. He noted that  there could be                                                                   
discussion during the interim on implementation.                                                                                
                                                                                                                                
Mr. Fargnoli  added that there would  always be a need  for a                                                                   
supplemental.  He  suggested that  additional  provisions  be                                                                   
considered to deal  with other economic or social  changes of                                                                   
magnitude  required during  the second  year of the  biennial                                                                   
process. He  observed that the Constitutional  Budget Reserve                                                                   
fund helps to stabilize and regulate  the flow. He reiterated                                                                   
that  the  Administration  would   look  forward  to  further                                                                   
discussions regarding implementation.                                                                                           
                                                                                                                                
Vice  Chair  Bunde   asked  the  project  longevity   of  the                                                                   
Constitutional  Budget Reserve  fund.   Mr. Fargnoli  did not                                                                   
know  but   added  that  the   fund  has  continued   through                                                                   
projections of its demise.                                                                                                      
                                                                                                                                
Vice Chair  Bunde emphasized that  the supplemental can  be a                                                                   
significant amount of work. Mr.  Fargnoli observed that other                                                                   
states have handled their supplemental  in a variety of ways.                                                                   
There are  states that  have a session  every other  year and                                                                   
that have their  finance committees meet on  the second year.                                                                   
There are  other states  that meet  two years  in a  row. The                                                                   
only  consensus,  according  to the  National  Conference  of                                                                   
State  Legislators,   is  that  the  amount   of  legislative                                                                   
activity  in a  biennial regime  was somewhat  more than  the                                                                   
ideal theory.                                                                                                                   
                                                                                                                                
Representative  J. Davies  summarized that  according to  the                                                                   
Administration that  the primary savings would  stem from the                                                                   
fact that  the legislature  would be  around less.   Co-Chair                                                                   
Therriault observed that the Department  of Health and Social                                                                   
Services'  budget has  large general  fund  portion built  on                                                                   
formulas and caseload. He stated  that it would be impossible                                                                   
to estimate  the cost over  a two-year period.  He maintained                                                                   
that the subcommittee chairman  for the department would have                                                                   
to go  through the same  process on the  second year.  He did                                                                   
not see  any savings in the  Department of Health  and Social                                                                   
Services'  budget.   The  legislature  would  not   have  the                                                                   
department under its control on  the second year. He observed                                                                   
that if the department doesn't  operate a program the way the                                                                   
legislature directs  than their only  option would be  to cut                                                                   
the  funding in  a  supplemental after  it  has already  been                                                                   
appropriated.  He  did not see that biennial  budgeting would                                                                   
work well for the Department of Health and Social Services.                                                                     
                                                                                                                                
Representative   Phillips   argued   that   the   legislature                                                                   
establishes  the  policy.  Savings   would  be  derived  from                                                                   
freeing agency personnel from work on the budget.                                                                               
                                                                                                                                
Representative J.  Davies noted that the  substantial savings                                                                   
would  come from  a shortening  of the  time the  legislature                                                                   
spends working  on the  budget. He  maintained that  the time                                                                   
the   legislature   spends   on   the   budget   is   already                                                                   
insufficient. He  expressed concern that there  would be less                                                                   
legislative oversight.                                                                                                          
                                                                                                                                
Representative  Phillips  maintained   that  the  legislature                                                                   
could spend more  time on the budget if it  determined it was                                                                   
necessary.  Representative  J. Davies  pointed  out that  the                                                                   
bill would reduce the amount of time in session.                                                                                
                                                                                                                                
Representative   J.  Davies   observed   that  the   National                                                                   
Conference  of Legislators  found that  the expected  savings                                                                   
from the agencies  is generally overrated.   The real savings                                                                   
comes  from  the  legislature  being out  of  session.    Mr.                                                                   
Fargnoli agreed  that the savings have generally  been across                                                                   
the  board  less  than  expected. He  pointed  out  that  the                                                                   
legislature  has   a  lot  of  latitude  for   designing  and                                                                   
implementing a program.                                                                                                         
                                                                                                                                
GINGER   BLAISDELL,  FISCAL   ANALYST,  LEGISLATIVE   FINANCE                                                                   
DIVISION noted that Representative  Phillips had requested an                                                                   
analysis  of the  legislation.  She provided  members with  a                                                                   
memorandum  on  biennial  budgeting dated  1/25/00  (copy  on                                                                   
file). The  memorandum compared  the biennial budget  process                                                                   
of other states. She noted that  most of the states contacted                                                                   
had transitioned from  an annual to a biennial  budget or had                                                                   
always  had a  biennial budget.  No  states had  transitioned                                                                   
from a biennial  to annual budget  in the last 20  years. All                                                                   
the states  began with  a biennial  budget. Biennial  budgets                                                                   
were adopted to  allow citizen legislators. Most  states that                                                                   
transitioned to  annual budgets did  so as state  budgets and                                                                   
issues became more complex. States  that transitioned back to                                                                   
a biennial budget did so to encourage  long term planning and                                                                   
to reduce legislative sessions.                                                                                                 
                                                                                                                                
Ms. Blaisdell noted that fiscal  analysts of five states were                                                                   
contacted. She reviewed opinions  of the fiscal analysts that                                                                   
were contacted. Analysts noted  that there was less stress on                                                                   
the  legislature.   In Arizona,  the governor  is allowed  to                                                                   
submit  adjustments   to  the  appropriation   measure.  Only                                                                   
technical  corrections,   non-general  fund   increments  and                                                                   
caseload   driven  changes  are   accepted.  Formula   funded                                                                   
programs  could  be  adjusted  any  year.  The  interim  year                                                                   
adjusted  bill took  only three  weeks from  the time it  was                                                                   
introduced to the time it was  passed due to the restrictions                                                                   
placed on it.                                                                                                                   
                                                                                                                                
Ms. Blaisdell  observed that the  state of Connecticut  began                                                                   
budget reform  in 1981.  At that  time they had a  20 percent                                                                   
deficit of $961  million dollars. Their reform  bill included                                                                   
an income tax proposal, multi  year budgeting, and a spending                                                                   
cap.  The   off  budget  year   was  intended  to   focus  on                                                                   
performance  measure.  The fiscal  analyst  contacted  stated                                                                   
that the focus  on performance measures had  not occurred due                                                                   
to  significant  changes in  the  off  year and  interest  in                                                                   
performance measures had waned.                                                                                                 
                                                                                                                                
Ms. Blaisdell  observed that in  Oregon, the biennial  budget                                                                   
tends  to be  slightly  more conservative  if  the budget  is                                                                   
limited to the revenue forecast.  If revenues drop lower than                                                                   
the  forecast  a  special  session  is  called.  If  revenues                                                                   
increase  than a  savings is  realized, since  the budget  is                                                                   
locked  in.  The  biennial  budget  is  fairly  constant  and                                                                   
developed  over an  18-month period.  The  governor has  more                                                                   
time to review  agency requests. Complete  budget information                                                                   
is provided one  month prior to the start of  the legislative                                                                   
session.                                                                                                                        
                                                                                                                                
Ms. Blaisdell  reviewed  the biennial  process in Texas.  She                                                                   
noted that the resource impact  is smaller than Alaska's. The                                                                   
fiscal analyst in Texas recommended  that future needs should                                                                   
be estimated three and a half  years from preparation to full                                                                   
implementation. She  observed that the fall  forecast of 1999                                                                   
would be forecasting revenues  through the year 2002. He also                                                                   
recommended provisions  to allow  the legislature to  meet in                                                                   
times  of crisis:  some states  call  special sessions;  some                                                                   
offer a  supplemental  bill; and some  have emergency  boards                                                                   
(similar  to the  Legislative  Budget and  Audit  Committee).                                                                   
Texas found that two-year budgets  force agencies to plan and                                                                   
prioritize  for   the  long-term;  outcome   based  budgeting                                                                   
process places even greater emphasize  on long range planning                                                                   
and discourages  tinkering and  micro management of  one year                                                                   
budgets; and  gives agencies  the flexibility to  concentrate                                                                   
on how best  to produce results, whether than  how to justify                                                                   
spending needs.                                                                                                                 
                                                                                                                                
Ms.  Blaisdell   reviewed  the  comments  of   the  state  of                                                                   
Washington's  fiscal  analyst.  Timesaving within  an  agency                                                                   
allows  that agency  to focus  on the issues  at hand  rather                                                                   
than budget  preparation. The downside of  biennial budgeting                                                                   
is that the  cost of starting new programs  is more tempting.                                                                   
If a  new program  is presented to  the legislature  and they                                                                   
agree to  fund it for the  second of the two-year  cycle, the                                                                   
following budget  will require an increment  to full-fund the                                                                   
program for a complete two-year cycle.                                                                                          
                                                                                                                                
Vice Chair Bunde questioned if  most new programs occurred on                                                                   
the second  year of  the cycle. Ms.  Blaisdell did  not know,                                                                   
but stated that  construction projects that  were budgeted to                                                                   
be built may not  be budgeted to be fully staffed.  She added                                                                   
that  an agency,  such as  Office of  Management and  Budget,                                                                   
would have  to be more diligent  about planned spending  in a                                                                   
two-year process.                                                                                                               
                                                                                                                                
Representative   J.   Davies    observed   that   the   Texas                                                                   
legislature,  in terms  of general  funds,  only has  control                                                                   
over approximately  17 percent  of the budget.  Ms. Blaisdell                                                                   
noted  that  the  state  of Texas  has  a  larger  amount  of                                                                   
dedicated  funds, similar  to  Alaska's statutory  designated                                                                   
program receipts. There are also  municipal revenues that are                                                                   
paid on a local level, which made  it difficult to compare to                                                                   
Alaska.                                                                                                                         
                                                                                                                                
TRACI   CARPENTER,   FISCAL  ANALYST,   LEGISLATIVE   FINANCE                                                                   
DIVISION she stated that the Division  attempted to calculate                                                                   
the  amount  of   time  spent  by  agency  staff   on  budget                                                                   
preparation,  presentation,  and  travel.  These  costs  were                                                                   
divided into first  and second years. She concluded  that the                                                                   
real savings  would be  in terms  of the shorter  legislative                                                                   
session.                                                                                                                        
                                                                                                                              
(TAPE CHANGE, HFC 00 - 79, SIDE 2)                                                                                            
                                                                                                                                
Ms. Carpenter  noted that  the estimates  by the  Legislative                                                                   
Finance Division were within a  million dollars of the Office                                                                   
of Management and Budget's.                                                                                                     
                                                                                                                                
Representative J.  Davies questioned where the  savings would                                                                   
be realized. Ms. Carpenter responded  that real savings would                                                                   
be in travel  and per diem. Productivity savings  would be on                                                                   
the administrative  services directors' level.  Uncompensated                                                                   
overtime couldn't be quantified.                                                                                                
                                                                                                                                
TAMARA  COOK,   DIRECTOR,  LEGISLATIVE  LEGAL   AND  RESEARCH                                                                   
SECTION, LEGISLATIVE  AFFAIRS AGENCY provided  information on                                                                   
the  legislation.  She  explained that  the  House  Judiciary                                                                   
version   added   section  1,   which   contains   provisions                                                                   
addressing  the  length of  the  sessions. In  addition,  the                                                                   
Judiciary  Committee   looked  at   two  provisions   in  the                                                                   
Constitution that  are difficult to deal with  in the context                                                                   
of  developing a  biennial budget  constitutional  amendment.                                                                   
The appropriation  limit was  drafted on  the premise  that a                                                                   
single  fiscal year  would  be compared  to  a single  fiscal                                                                   
year.  It would  have to  be amended  to  address two  fiscal                                                                   
years. A similar provision is  contained in subsection (b) of                                                                   
the Constitutional  Budget Reserve, which contains  a formula                                                                   
under which  the legislature  can access  CBR funds  based on                                                                   
what  money was  available from  the proceeding  year to  the                                                                   
current year.  This provision  would have  to be amended.  To                                                                   
prevent the legislature  from being prohibited  access to the                                                                   
fund. She explained that the Judiciary  Committee decided not                                                                   
to address the issues due to concerns  over the Bess opinion,                                                                   
which  addresses  the  number  of subjects  that  a  proposed                                                                   
constitutional  amendment  can  include.  The  original  bill                                                                   
doubled the  appropriation limit and repealed  subsection (b)                                                                   
of the Constitutional Budget Reserve  based on Bess concerns.                                                                   
                                                                                                                                
KARLA  SCHOFIELD, DEPUTY  DIRECTOR, ADMINISTRATIVE  SERVICES,                                                                   
LEGISLATIVE  AFFAIRS  AGENCY   provided  information  on  the                                                                   
legislation. She observed that  there would be a $20 thousand                                                                   
dollar  savings  for each  day  the legislative  session  was                                                                   
shortened.  Session per  diem  totals $9,500  dollars a  day;                                                                   
reduced legislative  staff would account for  the majority of                                                                   
the rest of  the savings. The Legislative Affairs  Agency did                                                                   
not prepare a  fiscal note. A 60-day session  would result in                                                                   
a $1.6 million dollars savings every other year.                                                                                
                                                                                                                                
HJR  2   was  heard  and   HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 4:25 p.m.                                                                                          

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