Legislature(2007 - 2008)HOUSE FINANCE 519

04/04/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 314 G.O. BONDS FOR TRANSPORTATION PROJECTS TELECONFERENCED
Heard & Held
+ HB 422 CHILDREN'S TRUST GRANT FOR ENDOWMENT TELECONFERENCED
Heard & Held
+ SB 196 PRESCRIPTION DATABASE TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 4, 2008                                                                                            
                         1:52 P.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Chenault   called  the  House   Finance  Committee                                                                    
meeting to order at 1:52:32 PM.                                                                                               
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Richard Foster                                                                                                   
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Mary Nelson                                                                                                      
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Richard Foster                                                                                                   
                                                                                                                                
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative   Peggy   Wilson;    Becky   Rooney,   Staff,                                                                    
Representative   Peggy   Wilson;  Panu   Lucier,   Executive                                                                    
Director, The Alaska Children's  Trust; Kay Kanne, Executive                                                                    
Director,   Juneau  Birth   Center,  Juneau;   Jim  Baldwin,                                                                    
Attorney,  The  Alaska's  Childrens  Trust;  Jerry  Burnett,                                                                    
Director,  Division of  Administrative Services,  Department                                                                    
of   Revenue;   Nancy    Slagle,   Director,   Division   of                                                                    
Administrative  Services, Department  of Transportation  and                                                                    
Public Facilities                                                                                                               
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Carlee  Lawrence, Chair,  Friends of  the Alaska  Children's                                                                    
Trust Board,  Anchorage; Sammi Pokryfki, FACT  Board Member,                                                                    
Anchorage;  Jean M.  Mischel, Legislative  Counsel, Division                                                                    
of Legal and Research  Services, Legislative Affairs Agency,                                                                    
Anchorage;  Shelby   Booth,  Bristol  Bay   Assembly;  Steve                                                                    
Ribuffo,  Deputy Port  Director,  Port  of Anchorage;  James                                                                    
King  Director, Division  of  Parks,  Department of  Natural                                                                    
Resources,  Anchorage;   Aves  Thompson,   Director,  Alaska                                                                    
Trucking    Association,   Anchorage;    Jerry   McCutcheon,                                                                    
Anchorage                                                                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 314    An Act providing for and  relating to the issuance                                                                    
          of  general obligation  bonds for  the purpose  of                                                                    
          paying the cost  of state transportation projects;                                                                    
          and providing for an effective date.                                                                                  
                                                                                                                                
          HB   314   was   HEARD    &   HELD   for   further                                                                    
          consideration.                                                                                                        
                                                                                                                                
HB 422    An  Act  repealing  the Alaska  children's  trust;                                                                    
          establishing  conditions for  a grant  to a  named                                                                    
          recipient of the balance  of the Alaska children's                                                                    
          trust; designating  certain receipts  as available                                                                    
          for a grant  to a named recipient  for child abuse                                                                    
          and  neglect  prevention;  and  providing  for  an                                                                    
          effective date.                                                                                                       
                                                                                                                                
          HB   422   was   HEARD    &   HELD   for   further                                                                    
          consideration.                                                                                                        
CS SB 196(FIN) am                                                                                                               
          An  Act  relating  to  establishing  a  controlled                                                                    
          substance prescription database.                                                                                      
                                                                                                                                
          CS SB 196(FIN) was SCHEDULED but not HEARD.                                                                           
1:53:18 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 422                                                                                                            
                                                                                                                                
     An   Act  repealing   the   Alaska  children's   trust;                                                                    
     establishing  conditions   for  a  grant  to   a  named                                                                    
     recipient  of  the  balance of  the  Alaska  children's                                                                    
     trust; designating certain receipts  as available for a                                                                    
     grant to a named recipient  for child abuse and neglect                                                                    
     prevention; and providing for an effective date.                                                                           
                                                                                                                                
BECKY ROONEY, STAFF,  REPRESENTATIVE PEGGY WILSON, explained                                                                    
that the  Alaska Children's Trust  (ACT) was  established in                                                                    
1988  with the  goal to  improve the  status of  children in                                                                    
Alaska  by  generating  funds and  committing  resources  to                                                                    
eliminate   child   abuse   and  neglect.      The   initial                                                                    
appropriation was made  in 1996 in the amount  of $6 million                                                                    
dollars.    At present  time,  ACT  funds total  nearly  $12                                                                    
million dollars.                                                                                                                
                                                                                                                                
The ACT Board  is established in the Office  of the Governor                                                                    
and  receives  grants and  support  from  the Department  of                                                                    
Health and Human  Services.  A portion of  the interest from                                                                    
the  earnings, funds  grants  to community-based  prevention                                                                    
programs  and services.   The  dollars available  for annual                                                                    
grant  making  are limited  to  a  maximum amount  by  State                                                                    
statute.                                                                                                                        
                                                                                                                                
Ms.  Rooney   pointed  out  that  Trustees   of  the  Alaska                                                                    
Children's Trust (ACT)  & the Board of  Directors of Friends                                                                    
of  the Alaska  Children's  Trust (FACT),  the 501(c)(3),  a                                                                    
non-profit  organization  established  to  raise  funds  and                                                                    
advocate  for the  mission of  the Alaska  Children's Trust,                                                                    
have engaged  in activities to  assess the  effectiveness of                                                                    
the  Trust in  accomplishing their  mission, while  planning                                                                    
for  the future  of the  Trust including  how FACT  can help                                                                    
accomplish  the  mission.   The  ACT  and FACT  boards  have                                                                    
determined that:                                                                                                                
                                                                                                                                
       Under the current structure, FACT is unable to                                                                        
        accomplish the primary purposes, which  are to raise                                                                    
        funds and advocate for the  Alaska Children's Trust.                                                                    
        Donors do  not  want to  make  contributions to  the                                                                    
        State, because FACT  is not  able to  guarantee that                                                                    
        the donor intent is honored.  The FACT directors are                                                                    
        not willing to  raise money that  may or may  not be                                                                    
        used as the donors intend.                                                                                              
       Unless significant changes are made, the current                                                                      
        administrative structure of  the State's  Trust does                                                                    
        not allow  for reliable,  stable budget  funding for                                                                    
        the grant-making process.                                                                                               
       Given the Trust's small operating budget and the                                                                      
        size of  the  grant  awards,  many  community  based                                                                    
        organizations  that   are  well   poised  to   offer                                                                    
        community-based  solutions  are  unlikely  to  apply                                                                    
        because of the administrative burden relative to the                                                                    
        small size of the grant awards.                                                                                         
                                                                                                                                
2:02:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PEGGY   WILSON,  SPONSOR,   supported   the                                                                    
comments made by Ms. Rooney.                                                                                                    
                                                                                                                                
Representative Thomas  inquired if  the bill would  make the                                                                    
Trust  into  a 501(C)(3).    Ms.  Rooney responded  that  it                                                                    
already has that status.                                                                                                        
                                                                                                                                
2:03:03 PM                                                                                                                    
                                                                                                                                
PANU  LUCIER,  EXECUTIVE  DIRECTOR,  THE  ALASKA  CHILDREN'S                                                                    
TRUST, noted  that she was  new to the position  and serving                                                                    
under the  direction of  the two  boards, ACT  & FACT.   She                                                                    
addressed the issues that affect  both organizations and the                                                                    
State's  ability   to  administer  funds  for   child  abuse                                                                    
prevention and neglect.                                                                                                         
                                                                                                                                
The  Office  of  Children's Services  (OCS)  statistics  for                                                                    
March 2008 indicate that over  2,000 children are in out-of-                                                                    
care home  care of which  61% are Alaska Native  or American                                                                    
Indian.  The  impact of child abuse and  neglect goes beyond                                                                    
the child  and family.  Society  as a whole pays  a price in                                                                    
terms of  direct and indirect  costs.  Direct  costs include                                                                    
those associated with maintaining  a child welfare system to                                                                    
investigate  allegations of  abuse and  neglect, as  well as                                                                    
expenditures by judicial law  enforcement, health and mental                                                                    
health  systems to  respond to  and  treat abused  children,                                                                    
estimated costs of $24 billion dollars per year.                                                                                
                                                                                                                                
Ms.  Lucier continued,  indirect costs  represent the  long-                                                                    
term economic  consequences of child abuse  and neglect such                                                                    
as  juvenile and  adult criminal  activity, mental  illness,                                                                    
substance abuse  and domestic violence.   She anticipated as                                                                    
those  children   diagnosed  with  Fetal   Alcohol  Spectrum                                                                    
Disorder (FAS)  become parents, there  will be  an increased                                                                    
demand and need  for support services.  The  State has taken                                                                    
the  responsibility   of  providing  services   to  children                                                                    
already  suffering from  child abuse  and neglect.   ACT  is                                                                    
currently   charged  through   State  statutes   to  conduct                                                                    
activities which  result in the prevention  of abuse through                                                                    
the issuance of community-based grants.                                                                                         
                                                                                                                                
Ms.  Lucier  pointed  out that  the  current  administrative                                                                    
structure of  the Trust is  burdensome because of  the small                                                                    
operating budget  and the small  size of grant  awards being                                                                    
offered.     She  thought  that   a  more   streamlined  and                                                                    
simplified  administrative   structure  could   enhance  the                                                                    
Alaska Children's Trust ability  to efficiently pursue their                                                                    
mission.                                                                                                                        
                                                                                                                                
Ms. Lucier  stated that privatizing  the Trust  would expand                                                                    
the  role  of the  Trust  from  only  grant making  to  also                                                                    
including research,  convening, collaborating,  outreach and                                                                    
social marketing,  which could  enhance the  Trust's ability                                                                    
to focus  grants in  program areas that  are of  the highest                                                                    
need and would allow the  Trust to share information through                                                                    
outreach  and  social marketing.    She  concluded that  the                                                                    
Trustees of  the  Alaska  Children's Trust with  the support                                                                    
of the Friends  of the Alaska Children's  Trust recommend to                                                                    
the  Governor  and the  Legislature  that  the Trust  become                                                                    
privatized.                                                                                                                     
                                                                                                                                
2:07:36 PM                                                                                                                    
                                                                                                                                
KAY KANNE,  EXECUTIVE DIRECTOR, JUNEAU FAMILY  BIRTH CENTER,                                                                    
JUNEAU,  testified   in  support   of  the   Trust  becoming                                                                    
privatized.   She believed  that the  Trust could  be better                                                                    
able   to  receive   more   private   donations  from   non-                                                                    
governmental entities  and that  the legislation  could help                                                                    
to create a  more streamlined structure.   Ms. Kanne pointed                                                                    
out that the program  utilizes education, support and health                                                                    
care at the Juneau Family  Birth Center.  She reiterated her                                                                    
support  for  HB  422,  which  would  privatize  the  Alaska                                                                    
Children's Trust.                                                                                                               
                                                                                                                                
2:09:34 PM                                                                                                                    
                                                                                                                                
CARLEE  LAWRENCE, CHAIR,  FRIENDS OF  THE ALASKA  CHILDREN'S                                                                    
TRUST    BOARD    (FACT),     ANCHORAGE,    testified    via                                                                    
teleconference,  stated  that  the  FACT  Board  unanimously                                                                    
supports HB  422.  The  mission for  FACT is to  raise money                                                                    
for  ACT, the  only  funding dedicated  solely to  community                                                                    
based  programs  to  prevent  child  abuse  and  neglect  in                                                                    
Alaska.  The  FACT Board often runs into  an ethical dilemma                                                                    
when  attempting to  get  new  donors for  the  Trust.   The                                                                    
current ACT organizational structure  does not allow FACT to                                                                    
honor the donor's intent.   There have been potential donors                                                                    
that support  the ACT mission,  but are not willing  to give                                                                    
money  to a  pass-through organization  or to  the State  of                                                                    
Alaska.  She  maintained that there are dollars  left on the                                                                    
table  that  could otherwise  be  provided  to help  prevent                                                                    
child abuse and neglect.                                                                                                        
                                                                                                                                
2:11:52 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
                                                                                                                                
2:12:16 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  MOVED to  ADOPT Amendment  1, 25-LS1552\E.1,                                                                    
Kurtz/Mischel, 4/4/08.  Vice-Chair Stoltze OBJECTED.                                                                            
                                                                                                                                
Representative  Wilson explained  that  the amendment  would                                                                    
change   the  department   which  prepares   the  agreement.                                                                    
Currently,  it   is  handled   through  the   Department  of                                                                    
Commerce,  Community  and  Economic Development,  but  would                                                                    
move to the  Department of Health and Social  Services.  The                                                                    
Department of  Commerce, Community and  Economic Development                                                                    
would continue to provide the grants to the recipients.                                                                         
                                                                                                                                
Vice-Chair Stoltze  WITHDREW his OBJECTION.   There being NO                                                                    
further OBJECTIONS, Amendment 1 was adopted.                                                                                    
                                                                                                                                
2:13:42 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer asked  if the amendment would  impact the two                                                                    
fiscal  notes.   Representative  Wilson  explained that  the                                                                    
note  to  Department  of Commerce,  Community  and  Economic                                                                    
Development would remain zero  but would change the negative                                                                    
note from  the Department of  Health and Social  Services to                                                                    
one  that was  less  negative.   Co-Chair Meyer  interjected                                                                    
there would be  a forthcoming new note by  the Department of                                                                    
Health and Social Services.                                                                                                     
                                                                                                                                
Representative  Crawford  indicated   his  support  for  the                                                                    
Alaska Children's Trust to separate and become privatized.                                                                      
                                                                                                                                
2:15:43 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  commented   on  the  description  of                                                                    
  rust"  as an  enterprise or  administrative activity.   He                                                                    
suggested  that  the   second  discussion  [concern]  should                                                                    
address the  actual Trust, the monetary  investments made to                                                                    
enable the  administrative function.  He  believed that each                                                                    
section was  separate from the  other.  He pointed  out past                                                                    
inefficiencies  in   the  management  of  the   Trust.    He                                                                    
anticipated a  better structure to accomplish  that mission.                                                                    
He agreed that privatizing could  possibly get the work done                                                                    
better, which he did support.                                                                                                   
                                                                                                                                
Representative  Hawker  worried  about changing  the  actual                                                                    
management  of the  monetary assets.   He  proposed enacting                                                                    
the  administrative  management  changes,  but  keeping  the                                                                    
money under  the State    management trust.   Representative                                                                    
Hawker suggested that the  ACT administration could parallel                                                                    
how the Alaska Mental Health  Trust works, as an agency that                                                                    
does not manage their own investments.                                                                                          
                                                                                                                                
2:20:17 PM                                                                                                                    
                                                                                                                                
Representative Wilson  reiterated that big  corporations and                                                                    
foundations  presently are  not donating  for fear  that the                                                                    
Alaska  State Legislature  & the  State of  Alaska will  tap                                                                    
those dollars.                                                                                                                  
                                                                                                                                
JAMES BALDWIN, ATTORNEY, FRIENDS  OF THE ALASKA'S CHILDRENS                                                                     
TRUST  (FACT),  testified  that   the  intent  is  that  the                                                                    
Legislature  designates the  recipient  of  the $12  million                                                                    
dollars and  makes a judgment regarding  the Trust's ability                                                                    
as   a   non-profit   corporation    to   make   their   own                                                                    
determinations.   The  new entity  would  become the  Alaska                                                                    
Community Foundation  (ACF).   He pointed  out that  all the                                                                    
grants would  be subject to  some level of competitive.   An                                                                    
investigation  and review  of  investment  abilities of  ACF                                                                    
anticipates that it  would provide the same  or equal levels                                                                    
of skill at a lesser cost than those of State managers.                                                                         
                                                                                                                                
2:22:45 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  advised   that  the  uncodified  law                                                                    
requires  a reversionary  provision  that  if something  bad                                                                    
happens, the State  receives the balance of  the money back.                                                                    
He recommended  finding an organization  that is  "the best                                                                     
at  taking care  of children  and then  vest the  management                                                                    
with those  quality managers  and leave  the money  with the                                                                    
State.   Mr. Baldwin  said that  would need  to be  a policy                                                                    
call for  the Legislature to  make.  The bill  establishes a                                                                    
structure  with  annual  reporting   to  the  Department  of                                                                    
Revenue.    There are  reversionary  powers  that are  often                                                                    
implied;  he agreed  that there  is  a clear  right for  the                                                                    
State to get the money back if something bad does happen.                                                                       
                                                                                                                                
Representative Hawker asked the  authority of the Department                                                                    
of Revenue  to take proactive  action.  Mr.  Baldwin advised                                                                    
that  the bill  clarifies  who receives  the reports;  those                                                                    
powers  are available  in Title  37.   Representative Hawker                                                                    
was  not  ready  to  accept   that  legal  conclusion.    He                                                                    
requested to see  a copy of the grant  contract, which would                                                                    
place $12 million dollars into public funds.                                                                                    
                                                                                                                                
2:26:10 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze asked  what was  wrong with  the current                                                                    
system.    Representative  Wilson hoped  that  the  proposed                                                                    
change could generate  more donations through privatization.                                                                    
She  pointed  out  that  the   Alaska  Mental  Health  Trust                                                                    
receives  funding through  a  different  structure and  that                                                                    
they do not have the same complications as ACT.                                                                                 
                                                                                                                                
Vice-Chair  Stoltze   understood  that  most   trusts  carry                                                                    
similar responsibilities.  He was  not convinced of the need                                                                    
for the  legislation, adding that  $12 million dollars  is a                                                                    
large investment.                                                                                                               
                                                                                                                                
2:28:50 PM                                                                                                                    
                                                                                                                                
Representative Gara  acknowledged that  the goal  to address                                                                    
fund   raising  activities   might  only   be  met   through                                                                    
privatizing.   Representative  Wilson acknowledged  that was                                                                    
the main purpose.                                                                                                               
                                                                                                                                
Representative Gara summarized  concerns regarding dedicated                                                                    
donations.  He asked how the  State could get the money back                                                                    
if the contract was breeched.   He pointed out the intent to                                                                    
manage the money  as an endowment.  He  asked about projects                                                                    
that  the  State  approves.     Current  language  could  be                                                                    
addressed  on  Page  3,  Line  13,  that  the  endowment  is                                                                    
administered  for  statewide  ACT  projects.    He  proposed                                                                    
inserting language  that the Commissioner of  the Department                                                                    
must   approve   those   projects,  providing   some   State                                                                    
oversight.                                                                                                                      
                                                                                                                                
Representative Wilson responded that  the State must prepare                                                                    
and execute an  agreement with them as indicated  on Page 3,                                                                    
Line  7, which  Amendment  1 changes  to  the Department  of                                                                    
Health  and  Social  Services  and  describes  the  granting                                                                    
conditions.    Representative  Gara  pointed  out  that  the                                                                    
projects would  continue to be  left with the  discretion of                                                                    
ACT, who  would no longer  have to consult with  the State                                                                      
Advisory group.                                                                                                                 
                                                                                                                                
2:33:36 PM                                                                                                                    
                                                                                                                                
Ms. Lucier  explained that ACT's  the Governor  appoints the                                                                    
majority  of  the Board  members  and  therefore, the  State                                                                    
would continue to  have oversight.  The mission  of ACT does                                                                    
not change.                                                                                                                     
                                                                                                                                
Representative Gara  hoped to guard against  the State being                                                                    
uncomfortable with where those funds  are spent.  The manner                                                                    
in  which the  bill is  written, ACT  must consult  with the                                                                    
State  Advisory  group  but does  not  necessarily  have  to                                                                    
follow there recommendations.                                                                                                   
                                                                                                                                
2:35:32 PM                                                                                                                    
                                                                                                                                
Representative Kelly  asked if similar situations  exist for                                                                    
the State.                                                                                                                      
                                                                                                                                
JERRY   BURNETT,   DIRECTOR,  DIVISION   OF   ADMINISTRATIVE                                                                    
SERVICES,  DEPARTMENT OF  REVENUE, replied  that he  was not                                                                    
aware of any  similar situations.  It is called  a Trust but                                                                    
was  set  up through  legislative  authority.   The  concern                                                                    
rests with the donors.   Currently, as established, it is an                                                                    
administrative  problem  &  an   investment  issue  for  the                                                                    
Department.  It is set up  as a principle and income bearing                                                                    
account instead of as an  endowment.  The Department invests                                                                    
the  principle for  capital gains  and growth  and only  the                                                                    
dividends and  interest are spent.   When the  dividends and                                                                    
interest are earned, the funds  are transferred to an income                                                                    
bearing account  until the  grants are made.   There  are no                                                                    
even cash  flows.  If the  State decides to keep  the Trust,                                                                    
the Department recommends changing it  to an endowment.  The                                                                    
key  is the  structure of  the grant  agreement and  how the                                                                    
grant  is  designated in  the  capital  budget for  the  $12                                                                    
million   dollars.     Mr.  Burnett   recommended  including                                                                    
professional  oversight and  added  that  the Department  of                                                                    
Revenue is supportive of making the change.                                                                                     
                                                                                                                                
2:39:31 PM                                                                                                                    
                                                                                                                                
Representative  Kelly clarified  that the  actual amount  of                                                                    
money  available to  the Trust  is a  spin-off from  the $12                                                                    
million  dollars.   Mr.  Burnett  explained  that under  the                                                                    
current  statutory  scheme,  $150 thousand  dollars  of  the                                                                    
principal   from   capital   gains  could   be   spent   for                                                                    
administering the  fund and only dividends  and interest can                                                                    
be spent for grants.                                                                                                            
                                                                                                                                
Representative Kelly  asked if  the Trust would  have access                                                                    
to the  corpus.  Mr. Burnett  stated that under HB  422, the                                                                    
community  group  would  receive   the  entire  $12  million                                                                    
dollars and would be required  to manage it as an endowment,                                                                    
spending  only  a  set  percentage.    He  stated  that  the                                                                    
Department would  no longer have  control because  the money                                                                    
will be in private hands.                                                                                                       
                                                                                                                                
2:41:13 PM                                                                                                                    
                                                                                                                                
SAMMI POKRYFKI, FACT BOARD  MEMBER, ANCHORAGE, testified via                                                                    
teleconference,  echoed the  comments made  by Mr.  Burnett.                                                                    
She added, that  because the Trust is  currently not managed                                                                    
as  an  endowment  &  only  the  interest  &  dividends  are                                                                    
available for  grants, it is  an unpredictable  grant amount                                                                    
from year to  year.  It is difficult  to maintain prevention                                                                    
programs  and keep  them going.   The  donors have  concerns                                                                    
that  their   donations  would  not  be   going  where  they                                                                    
ultimately  want them  to go  and  that it  is difficult  to                                                                    
raise money for the Children's Trust because of the issue.                                                                      
                                                                                                                                
2:43:55 PM                                                                                                                    
                                                                                                                                
Representative Crawford  supported establishing  a structure                                                                    
that allows  the Trust to  determine the way the  funding is                                                                    
spent.   He  agreed with  concerns voiced  by Representative                                                                    
Hawker   regarding   the   State  managing   the   financial                                                                    
responsibility for the Trust.                                                                                                   
                                                                                                                                
Representative  Hawker  addressed   concerns  regarding  the                                                                    
inconsistencies of  the available dollars under  the current                                                                    
statutory scheme.   He pointed out that HB  160 would change                                                                    
ACT to an endowment.                                                                                                            
                                                                                                                                
2:47:05 PM                                                                                                                    
                                                                                                                                
Representative  Gara supported  the  language  of the  bill,                                                                    
acknowledging concerns  voiced by Representative  Hawker and                                                                    
Representative  Crawford.   He  pointed out  that the  group                                                                    
believes that they  are deficient in their  ability to raise                                                                    
money  and   that  there  are  no   other  alternatives  for                                                                    
addressing that except through the  legislation.  Ms. Lucier                                                                    
interjected that  the FACT Board  has been informed  that it                                                                    
is unethical  to raise  funds as  a professional  board when                                                                    
the donor-intent can not be  guaranteed.  The FACT Board has                                                                    
decided, if the Trust is  not privatized, FACT will dissolve                                                                    
because they can  no longer continue to fund-raise.   If the                                                                    
Board  does  dissolve, ACT  looses  their  ability to  raise                                                                    
funds.    She maintained  that  ACT  helps to  prevent  more                                                                    
children from entering into the State system.                                                                                   
                                                                                                                                
2:50:37 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  asked  if  it would  be  possible  to                                                                    
create a "floor"  which the fund could not  drop below, when                                                                    
allowing ACT  to privatize.   Mr. Burnett responded  that as                                                                    
currently written, it requires  annual reporting; the key is                                                                    
how the grant  agreement is structured.  He did  not see any                                                                    
reason why  that language  could not be  added to  the grant                                                                    
agreement.  Representative Kelly was satisfied with that.                                                                       
                                                                                                                                
2:52:01 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze  suggested  that  the bill  be  held  in                                                                    
Committee  in order  to draft  a  new committee  substitute,                                                                    
before it goes to the House Floor.                                                                                              
                                                                                                                                
Co-Chair  Meyer  summarized  the  Committee's  concerns  and                                                                    
asked  Mr. Burnett  if the  corrections could  be easily  be                                                                    
drafted.  Mr. Burnett thought  it could be addressed quickly                                                                    
including the addition of  mentioned stipulations.  Co-Chair                                                                    
Meyer requested that Mr. Burnett  work with Ms. Armstrong to                                                                    
make any necessary changes.                                                                                                     
                                                                                                                                
Representative   Gara    inquired   about    the   oversight                                                                    
references,  wondering if  the  Trust would  dissolve.   Ms.                                                                    
Lucier explained  that the  FACT Board  intends to  merge as                                                                    
one into a 501(c)(3) Board  with the Governor appointing the                                                                    
majority of the trustees.                                                                                                       
                                                                                                                                
Representative  Gara asked  about the  current structure  of                                                                    
the Board members.   Ms. Lucier reiterated  that all members                                                                    
are appointed by the Governor.                                                                                                  
                                                                                                                                
Representative Gara questioned if  any members were approved                                                                    
by the Legislature.  Ms.  Lucier stated that all members are                                                                    
approved by the Boards and Commission office.                                                                                   
                                                                                                                                
2:56:34 PM                                                                                                                    
                                                                                                                                
Representative Hawker  raised the point regarding  the grant                                                                    
having  their management  vested  in appointed  individuals,                                                                    
and including  a reversionary  clause.   He inquired  if the                                                                    
result would  be difficult  for the  Legislature's authority                                                                    
to appropriate.   He requested testimony  from legal counsel                                                                    
on the issue.                                                                                                                   
                                                                                                                                
JEAN M. MISCHEL, LEGISLATIVE COUNSEL,  DIVISION OF LEGAL AND                                                                    
RESEARCH  SERVICES,  LEGISLATIVE AFFAIRS  AGENCY,  ANCHORAGE                                                                    
testified  via teleconference,  clarified that  there is  no                                                                    
clear answer  to Representative Hawker's query.   She stated                                                                    
that public  trust funds have never  before been transferred                                                                    
to a private group.   She did not see a  problem in terms of                                                                    
the  legislative   delegation.    She  clarified   that  the                                                                    
previous statement  that the  advisory group  could function                                                                    
as   trustees  of   the  Trust,   is  not   what  the   bill                                                                    
accomplishes.   She noted that  Page 3, Lines  9-10, clarify                                                                    
that the non profit acts as the trustee of the grant fund.                                                                      
                                                                                                                                
Ms. Mischel  recommended that  "advisory group"  be referred                                                                    
to as  an  advisory  board.   Nothing  in the  proposed bill                                                                    
establishes that  board nor mandates  that the  Governor set                                                                    
up that board.  The bill only provides the condition.                                                                           
                                                                                                                                
Representative     Hawker     requested    all     technical                                                                    
recommendations in writing.                                                                                                     
                                                                                                                                
3:00:46 PM                                                                                                                    
                                                                                                                                
HB 422 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
3:01:02 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 314                                                                                                            
                                                                                                                                
     An Act  providing for and  relating to the  issuance of                                                                    
     general obligation bonds for  the purpose of paying the                                                                    
     cost  of state  transportation projects;  and providing                                                                    
     for an effective date.                                                                                                     
                                                                                                                                
                                                                                                                                
NANCY   SLAGLE,   DIRECTOR,   DIVISION   OF   ADMINISTRATIVE                                                                    
SERVICES,   DEPARTMENT   OF    TRANSPORTATION   AND   PUBLIC                                                                    
FACILITIES,  spoke to  the bill,  which is  the   Governor's                                                                    
legislation  regarding  the  authorization of  issuance  and                                                                    
sale of the  General Obligation (GO) bonds.   The Governor's                                                                    
original  request  was $140  million  dollars.   Ms.  Slagle                                                                    
pointed  out that  the committee  substitute  (CS) from  the                                                                    
House  Transportation Committee  (HTC) increased  the amount                                                                    
to $170  million dollars.  If  that amount is ratified  by a                                                                    
majority of  the State's  qualified voters,  the legislation                                                                    
will provide  authorization and the  "full faith  credit and                                                                    
resources"  of  the  State  would   be  pledged  toward  the                                                                    
principle.                                                                                                                      
                                                                                                                                
Ms.  Slagle stated  that Section  2  establishes the  FY2008                                                                    
Transportation  Project Fund,  which takes  the proceeds  of                                                                    
the  bonds  and places  it  into  the  fund.   Sections  3-5                                                                    
appropriates  from the  fund, the  amount of  $121.1 million                                                                    
dollars  to  the  Department of  Transportation  and  Public                                                                    
Facilities; the  amount was changed to  $151 million dollars                                                                    
in the CS.                                                                                                                      
                                                                                                                                
HB  314  provides  funding for  an  appropriation  from  the                                                                    
General  Fund  to  the  State  Bond  Committee  to  pay  for                                                                    
expenses incident to the sale and issuance of the bonds.                                                                        
                                                                                                                                
3:05:04 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  referenced Line 20,  the northern  access to                                                                    
the University  medical districts  study and wondered  if it                                                                    
should be  included in  the bond package.   Ms.  Slagle said                                                                    
that  it  was an  appropriate  placement.   The  study  will                                                                    
provide  information on  how  to  approach the  intersection                                                                    
traffic relief in development areas.                                                                                            
                                                                                                                                
Co-Chair  Meyer  noted a  change  made  in  the HTC  to  the                                                                    
Gravina  access.    Ms.  Slagle  acknowledged  it  had  been                                                                    
included,  pointing out  that  highway-paving projects  were                                                                    
included.   Some projects were  removed and the  $45 million                                                                    
dollars was placed in for the Gravina access project.                                                                           
                                                                                                                                
Co-Chair  Meyer asked  if  the  Administration supports  the                                                                    
change.   Ms.  Slagle  reported that  the Administration  is                                                                    
neutral.                                                                                                                        
                                                                                                                                
Representative  Hawker asked  if  the reference  was to  the                                                                    
"bridge to  no-where".   Ms. Slagle did  not comment  on the                                                                    
specifics of the project.                                                                                                       
                                                                                                                                
Co-Chair  Meyer interjected  that a  new CS  was forthcoming                                                                    
and asked  members to submit  deletions or additions  to the                                                                    
projects included.                                                                                                              
                                                                                                                                
3:08:08 PM                                                                                                                    
                                                                                                                                
Representative Gara inquired about  the $45 million dollars.                                                                    
Ms.  Slagle explained  that  the $45  million  would not  be                                                                    
enough  to fund  building a  bridge.   The funding  would be                                                                    
used for an environmental study.   She stated that the money                                                                    
has   no   impact  on   what   the   Department  is   doing.                                                                    
Representative  Gara  requested  design  information  before                                                                    
committing money to the project.  Co-Chair Meyer agreed.                                                                        
                                                                                                                                
3:09:46 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  inquired the  costs associated  with the                                                                    
Sunny  Point intersection  project  in Juneau.   Ms.  Slagle                                                                    
offered  to research  that information,  indicating it  is a                                                                    
federal project.                                                                                                                
                                                                                                                                
3:10:08 PM                                                                                                                    
                                                                                                                                
SHELBY  BOOTH,  PRESIDENT,  BRISTOL BAY  ASSEMBLY,  NAKANAK,                                                                    
testified  via teleconference,  indicated  that the  Borough                                                                    
was  attempting to  secure State  funding for  assistance in                                                                    
the  dock repair.   He  discussed the  amount of  cargo that                                                                    
passes  through Bristol  Bay, noting  that  Bristol Bay  has                                                                    
been working  on the dock  for five  years.  He  related the                                                                    
amount already  invested in the  project, commenting  on the                                                                    
rising costs associated with construction.   He testified in                                                                    
support of the bill as a source of revenue for the project.                                                                     
                                                                                                                                
Co-Chair  Meyer asked  the specific  amount requested.   Mr.                                                                    
Booth said they were requesting  $3 million dollars and that                                                                    
completion  of  all phases  of  the  project will  cost  $15                                                                    
million  dollars.   Phase  1 alone  should  cost $7  million                                                                    
dollars.                                                                                                                        
                                                                                                                                
3:13:46 PM                                                                                                                    
                                                                                                                                
STEVE  RIBUFFO, DEPUTY  PORT  DIRECTOR,  PORT OF  ANCHORAGE,                                                                    
testified  via  teleconference,  stated  that  the  Port  of                                                                    
Anchorage is truly Alaska's port,  servicing over 90% of the                                                                    
State and receiving over 80% of  the goods and services.  He                                                                    
pointed  out the  declining condition  of the  Port and  the                                                                    
associated needs.   He reminded the  Committee that previous                                                                    
Governor Sheffield  would like  to see a  long-term solution                                                                    
for the Port  and to be given $100 million  dollars over the                                                                    
next five years.                                                                                                                
                                                                                                                                
3:16:31 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer referred to  Governor Sheffield's request for                                                                    
the  expansion and  repair of  the Port.   He  asked if  the                                                                    
request  had been  increased to  $20 million  dollars.   Mr.                                                                    
Ribuffo  recommended consulting  Governor Sheffield  for his                                                                    
opinion; he understood the request was for $10 million.                                                                         
                                                                                                                                
Co-Chair Meyer inquired  if there would be a  docking at the                                                                    
Port  of Anchorage  ferry terminal.   Mr.  Ribuffo explained                                                                    
that  the Port  of  Anchorage was  working  with the  Mat-Su                                                                    
Borough to  find a  docking spot.   The preference  would be                                                                    
the south end of the Port  for managing security issues.  He                                                                    
discussed the  relationship with  the Mat-Su Borough  on the                                                                    
issue.   Co-Chair  Meyer supported  working with  the Mat-Su                                                                    
delegation.                                                                                                                     
                                                                                                                                
3:19:54 PM                                                                                                                    
                                                                                                                                
Representative  Gara   asked  about  funding   requests  and                                                                    
sources for  funding for  the Port  project.   He questioned                                                                    
the amount  of public oversight on  the plans to date.   Mr.                                                                    
Ribuffo did not  know.  He understood  that an environmental                                                                    
assessment was  available to the  public, which  resulted in                                                                    
no objection  for the project  proceedings.   He highlighted                                                                    
the Anchorage Assembly's involvement with the financing.                                                                        
                                                                                                                                
Representative  Gara  emphasized  that  there  had  been  no                                                                    
oversight  connected to  the most  efficient design  for the                                                                    
project and  that the scope  of project keeps  increasing as                                                                    
funds  are available.   Mr.  Ribuffo disagreed.   He  opined                                                                    
that the scope of the project  has not grown, but rather the                                                                    
price increase  is due to  higher costs for raw  materials &                                                                    
fuels.                                                                                                                          
                                                                                                                                
3:23:11 PM                                                                                                                    
                                                                                                                                
Representative  Gara  reviewed  the   history  of  the  Port                                                                    
expansion   as  a   $100  million   dollar  project,   which                                                                    
currently, has  increased to a $700  million dollar project.                                                                    
He argued  that prices  have not increased  that much.   Mr.                                                                    
Ribuffo did not know.                                                                                                           
                                                                                                                                
Representative Gara reviewed the  history of the request for                                                                    
the ferry, which  lacks a business plan.   He questioned the                                                                    
economic  justification   of  the  project.     Mr.  Ribuffo                                                                    
addressed the validity of the  service to the Mat-Su Borough                                                                    
& the  City of  Anchorage.  The  Port's involvement  is with                                                                    
the design and landing dock on  the Anchorage side.  A small                                                                    
amount  of engineering  would be  needed for  an alternative                                                                    
landing.                                                                                                                        
                                                                                                                                
Representative  Gara questioned  if the  addition should  be                                                                    
built if  there is  no business plan  established yet.   Mr.                                                                    
Ribuffo  replied   that  not   until  the   Municipality  of                                                                    
Anchorage  is satisfied,  should the  project proceed.   Mr.                                                                    
Ribuffo  added there  is no  money  coming out  of the  Port                                                                    
expansion budget  for the project.   He could not  speak for                                                                    
the Mat-Su Borough.   He added that there are  plans for the                                                                    
ferry  to make  trips to  the Kenai.   Discussion  continued                                                                    
between Mr.  Ribuffo and  Representative Gara  regarding the                                                                    
Port expansion.                                                                                                                 
                                                                                                                                
3:28:13 PM                                                                                                                    
                                                                                                                                
Representative  Gara  agreed  with  the need  for  the  Port                                                                    
expansion,  however,  found  it   difficult  to  accept  the                                                                    
project without a long-range scope and expanded plan.                                                                           
                                                                                                                                
Vice-Chair  Stoltze voiced  support for  the Port  expansion                                                                    
priority.                                                                                                                       
                                                                                                                                
Co-Chair Meyer asserted that the Mayor of Anchorage has                                                                         
stipulated the importance of the project expansion.                                                                             
                                                                                                                                
3:31:52 PM                                                                                                                    
                                                                                                                                
JAMES  KING,  DIRECTOR,  DIVISION OF  PARKS,  DEPARTMENT  OF                                                                    
NATURAL RESOURCES, ANCHORAGE,  testified via teleconference,                                                                    
directed  comments  to  building  a new  visitor  Center  in                                                                    
Denali State Park on Curry  Ridge.  The construction project                                                                    
would open up the park for  greater access allowing it to be                                                                    
open  in  the winter.  There has become  an increased demand                                                                    
in  the area  for all  seasons  for visitors.   The  project                                                                    
would  improve access  and provides  economic benefits.   He                                                                    
pointed   out   public   and  industry   support   for   the                                                                    
legislation,  emphasizing  that   the  $8.9  million  dollar                                                                    
funding is critical to initiate the project.                                                                                    
                                                                                                                                
3:36:41 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze commented  on the  Legislature's process                                                                    
in attempting  to assemble a  bond package.  He  inquired if                                                                    
Mr. King had  dealt in the public process and  if that would                                                                    
affect the  bonding  package.   Mr. King explained  that the                                                                    
process  has been  long and  drawn out  while attempting  to                                                                    
determine the best solution.   He thought that most everyone                                                                    
was  either supportive  or in  agreement  to  not fight  the                                                                    
process.   There have been  concerns voiced that the project                                                                    
be done correctly, to not destroy any of the alpine.                                                                            
                                                                                                                                
3:38:45 PM                                                                                                                    
                                                                                                                                
Representative Gara  questioned the viability of  the Denali                                                                    
access  road.    He  wanted  to make  sure  that  there  was                                                                    
community  buy-in for  the project  before  the dollars  are                                                                    
spent.   He  understood that  the request  was for  the road                                                                    
only in anticipation that someday,  there would be a visitor                                                                    
center.                                                                                                                         
                                                                                                                                
Mr. King addressed the funding  strategy, including the five                                                                    
targeted funding sources:                                                                                                       
                                                                                                                                
       The State of Alaska                                                                                                   
       The Centennial Initiative through the National Park                                                                   
        Service, which would be matching dollars from the                                                                       
        State's contribution of $9 million dollars.                                                                             
       The National Park Service has also approached the                                                                     
        Washington D.C. delegation, who  have indicated that                                                                    
        if  the   Alaska   Legislature   appropriates,   the                                                                    
        delegation would be  willing to  finish the  rest of                                                                    
        the project and build the visitor center.                                                                               
       Private industry, specifically the tourism industry,                                                                  
        has requested financial support for the construction                                                                    
        of the center.                                                                                                          
       Researched the Scenic By-Ways Program, who have                                                                       
        indicated support.                                                                                                      
                                                                                                                                
Mr. King  concluded that the  monies for building  a visitor                                                                    
center  are  hinged  on  the  appropriations  for  the  road                                                                    
construction.                                                                                                                   
                                                                                                                                
3:42:49 PM                                                                                                                    
                                                                                                                                
Representative  Gara wanted  to  guarantee that  there is  a                                                                    
comprehensive project  plan in  place before money  is spent                                                                    
on building  a road.   He encouraged  legislative discussion                                                                    
of  the  project   infrastructure,  staffing,  &  associated                                                                    
costs.   He  encouraged  adding contingency  language.   Mr.                                                                    
King  acknowledged the  concern; however,  pointed out  that                                                                    
the project  has been addressed  for the past ten  years and                                                                    
that there has  been a lot of planning already  gone into it                                                                    
& the funding concerns.   Representative Gara reiterated his                                                                    
previous  concerns and  suggested incorporating  contingency                                                                    
language.                                                                                                                       
                                                                                                                                
3:50:13 PM                                                                                                                    
                                                                                                                                
AVES THOMPSON, DIRECTOR,  ALASKA TRUCKING ASSOCIATION (ATA),                                                                    
ANCHORAGE, testified  via teleconference, noted  support for                                                                    
the proposed project. [testimony inaudible].                                                                                    
                                                                                                                                
3:53:34 PM                                                                                                                    
                                                                                                                                
JERRY MCCUTCHEON,  ANCHORAGE, testified  via teleconference,                                                                    
directed his  comments to a  ferry for the  Kenai Peninsula,                                                                    
which he  did not believe  would be in competition  with the                                                                    
bridge.  Mr. McCutcheon added,  he does not support building                                                                    
the road  to Curry  Ridge.  He  recommended that  project be                                                                    
undertaken by the Alaska Railroad.                                                                                              
                                                                                                                                
3:56:36 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
                                                                                                                                
Co-Chair  Chenault   stated  the  bill  would   be  HELD  in                                                                    
Committee for further consideration.                                                                                            
                                                                                                                                
3:57:09 PM                                                                                                                    
                                                                                                                                
HB 314 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:58 P.M.                                                                                          
                                                                                                                                
                                                                                                                                

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