Legislature(2015 - 2016)

03/09/2016 12:01 AM House FIN


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12:00:01 AM Start
12:00:01 AM HB256 || HB257
12:48:07 AM Adjourn
* first hearing in first committee of referral
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                  HOUSE FINANCE COMMITTEE                                                                                       
                       March 9, 2016                                                                                            
                        12:01 a.m.                                                                                              
                                                                                                                                
[Note: Continuation of 3/8/16 1:30 p.m. meeting]                                                                                
                                                                                                                                
12:00:01 AM                                                                                                                   
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Neuman called the House Finance Committee meeting                                                                      
to order at 11:57 p.m.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mark Neuman, Co-Chair                                                                                            
Representative Steve Thompson, Co-Chair                                                                                         
Representative Dan Saddler, Vice-Chair                                                                                          
Representative Bryce Edgmon                                                                                                     
Representative Les Gara                                                                                                         
Representative Lynn Gattis                                                                                                      
Representative David Guttenberg                                                                                                 
Representative Scott Kawasaki                                                                                                   
Representative Cathy Munoz                                                                                                      
Representative Lance Pruitt                                                                                                     
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Pete  Ecklund,  Staff,   Representative  Mark  Neuman;  Joan                                                                    
Brown,  Staff,  Representative   Mark  Neuman;  David  Teal,                                                                    
Director, Legislative Finance  Division; Representative Lora                                                                    
Reinbold; Representative  Cathy Tilton;  Representative Neal                                                                    
Foster; Representative Kurt Olson.                                                                                              
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 256    APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
                                                                                                                                
          HB 256 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 257    APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
          HB 257 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HOUSE BILL NO. 256                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     loan  program  expenses  of state  government  and  for                                                                    
     certain    programs,    capitalizing   funds,    making                                                                    
     reappropriations,  making supplemental  appropriations,                                                                    
     and making  appropriations under  art. IX,  sec. 17(c),                                                                    
     Constitution  of   the  State   of  Alaska,   from  the                                                                    
     constitutional budget  reserve fund; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
HOUSE BILL NO. 257                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     capital    expenses   of    the   state's    integrated                                                                    
     comprehensive mental health  program; and providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
12:00:01 AM                                                                                                                   
                                                                                                                                
Representative  Wilson  continued  to address  Amendment  43                                                                    
(copy on file). She suggested  that the legislature may need                                                                    
to be  more careful about  how often it used  the Department                                                                    
of  Labor and  Workforce Development  (DLWD) and  perhaps do                                                                    
some of  its own  research. She  shared that  the department                                                                    
had  communicated   that  sometimes  providing   answers  to                                                                    
questions asked by the legislature  may take a bit longer to                                                                    
respond  to due  to the  [$300,000] reduction.  She reminded                                                                    
the committee  that there were currently  34 positions under                                                                    
the  allocation. She  relayed that  the budget  subcommittee                                                                    
had spoken  with the department  about the cut and  what the                                                                    
consequences  would be.  She believed  the department  would                                                                    
still  have  plenty of  people  to  continue its  work.  She                                                                    
reiterated that  it may  take longer  for the  department to                                                                    
provide answers to legislators' requests.                                                                                       
                                                                                                                                
Representative   Guttenberg   provided   wrap  up   on   the                                                                    
amendment. He  did not care if  DLWD was slow in  giving the                                                                    
legislature  information. He  reasoned that  the legislators                                                                    
should  have asked  for the  information earlier.  He stated                                                                    
that  the state's  entire economic  landscape relied  on the                                                                    
reports. He  reasoned that cutting the  positions [economist                                                                    
III, research  analyst III, and research  analyst II] slowed                                                                    
reports  that provided  Alaskans  with valuable  information                                                                    
including  economic trends.  He  reasoned  that perhaps  the                                                                    
legislature was  anticipating a slowing down  of the economy                                                                    
and believed that no one  needed to have the information. He                                                                    
stressed  that  each of  the  positions  contributed to  the                                                                    
reports  in some  way. He  underscored that  DLWD economists                                                                    
were   recognized  for   their  skills   and  abilities   to                                                                    
accurately  produce  the  reports. He  emphasized  that  the                                                                    
state's  business community  relied on  the analysis  in its                                                                    
decision making  process. He stated  that if  the department                                                                    
did not  provide the  reports the  information would  not be                                                                    
provided.  He  reasoned  that the  state  would  suffer  the                                                                    
consequences.                                                                                                                   
                                                                                                                                
Co-Chair Thompson MAINTAINED his OBJECTION.                                                                                     
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Gara, Guttenberg, Kawasaki                                                                                            
OPPOSED:  Saddler, Wilson,  Edgmon,  Gattis, Munoz,  Pruitt,                                                                    
Thompson, Neuman                                                                                                                
                                                                                                                                
The MOTION to adopt Amendment 43 FAILED (3/8).                                                                                  
                                                                                                                                
12:03:01 AM                                                                                                                   
                                                                                                                                
Representative Guttenberg MOVED to  ADOPT Amendment 44 (copy                                                                    
on file):                                                                                                                       
                                                                                                                                
     DEPARTMENT: Department of Fish and Game                                                                                    
     APPROPRIATION: Wildlife Conservation                                                                                       
                                                                                                                                
     ADD WORDAGE: No funding in this appropriation may be                                                                       
     used to fund Intensive Management or Predator Control                                                                      
     programs.                                                                                                                  
                                                                                                                                
     ALLOCATION: Wildlife Conservation                                                                                          
                                                                                                                                
     DELETE: $100.6 Fish and Game Funding (Other) 1024                                                                          
     DELETE: $301.7 Fed Receipts 1002                                                                                           
                                                                                                                                
     EXPLANATION:   This  amendment   deletes  funding   for                                                                    
     Intensive  Management/Predator  Control  programs.  The                                                                    
     amount  of  $402.3  is  based  on  FYI  5  expenditures                                                                    
     (combined Fish and Game Fund  and Federal Receipts) for                                                                    
     Intensive     Management/Predator     Control     (FY16                                                                    
     expenditures are  not yet available). It  is the intent                                                                    
     of  this amendment  that no  funding  (Federal, GF,  or                                                                    
     Other)  be  expended on  Intensive  Management/Predator                                                                    
     Control, and that instead  those Federal/Other funds be                                                                    
     used  to  promote  and maintain  healthy  habitats  and                                                                    
     wildlife   populations   through   means   other   than                                                                    
     predation control.                                                                                                         
                                                                                                                                
Co-Chair Thompson OBJECTED for discussion.                                                                                      
                                                                                                                                
Representative  Guttenberg  explained   that  the  amendment                                                                    
sought  to bring  in all  of  the funds  used for  Intensive                                                                    
Management/Predator    Control   programs,    estimated   at                                                                    
approximately $400,000  between Department of Fish  and Game                                                                    
(DFG)  funding  and  federal   receipts.  He  believed  that                                                                    
whether   or  not   a   person   supported  intensive   game                                                                    
management, the  results had always been  dubious. He stated                                                                    
that the  program was not  meant for sustainable  yield, but                                                                    
sustainable harvest.  He believed  the program needed  to be                                                                    
pulled back.                                                                                                                    
                                                                                                                                
Co-Chair  Neuman spoke  in opposition  to the  amendment. He                                                                    
stated the  Intensive Game Management Program  had been very                                                                    
successful  in Alaska,  which meant  that more  Alaskans had                                                                    
food.  He  elaborated  that  the  purpose  was  to  maintain                                                                    
predator control programs in order  to allow for the maximum                                                                    
sustainable  yield  in  order  for  Alaskans  to  enjoy  the                                                                    
bounties  of the  state. He  believed that  most importantly                                                                    
the predator  control program enabled rural  Alaskans - with                                                                    
very  high  grocery  costs  - to  feed  their  families.  He                                                                    
continued that the moose calf  survival rate in Unit 16B had                                                                    
been below  7 percent, which did  not bode well to  keep the                                                                    
population strong. He elaborated  that predators like wolves                                                                    
and bear had  a tremendous ability to smell.  He stated that                                                                    
frequently the moose calves were  picked out as soon as they                                                                    
were born or before. He  referred to a schematic compiled by                                                                    
Craig Fleener  related to  the number of  moose a  moose cow                                                                    
produced in her lifetime. He  elaborated that the number was                                                                    
well over 500 by the time  the offspring moved on. He stated                                                                    
that the moose  helped feed Alaskans and  helped to maintain                                                                    
vibrant hunting in communities throughout  the state for in-                                                                    
state and  out-of-state hunters.  He emphasized that  he was                                                                    
very  passionate about  the sport.  He  reiterated that  the                                                                    
program was extremely important  in rural Alaska where there                                                                    
were  game  populations  under  stress.  He  discussed  that                                                                    
Unimak  Island   in  the  Aleutian   Chain  had   a  caribou                                                                    
population, which  had been  down to  2 or  3 bulls  per 100                                                                    
cows  due  to  a  large  wolf  population.  He  stated  that                                                                    
unfortunately  the federal  government managed  half of  the                                                                    
island -  its sustainable yield  ranged from zero  to 1,000.                                                                    
He did  not classify the  range as sustainable.  He believed                                                                    
the  programs  were  very  important   to  Alaskans  and  he                                                                    
adamantly opposed the amendment.                                                                                                
                                                                                                                                
12:09:21 AM                                                                                                                   
                                                                                                                                
Representative  Guttenberg  wanted  to  ensure  that  people                                                                    
understood  that  he recognized  how  important  it was  for                                                                    
Alaskans to bring in moose  and caribou into their freezers.                                                                    
He remarked  that it was  a significant part of  the Alaskan                                                                    
culture, which he wanted to  strengthen. He had seen excuses                                                                    
made  about  why  people  needed to  take  wolves  that  had                                                                    
nothing to do moose populations;  it was simply an excuse to                                                                    
take wolves. He  believed there were other  ways to maintain                                                                    
strong  herds  rather than  predator  control.  He had  seen                                                                    
excuses  made  for  predator  control  in  places  that  had                                                                    
terrible  habitat. He  stressed that  the state's  landscape                                                                    
was not  all equal for  predator control. He  continued that                                                                    
locations  had their  own unique  habitat, and  bear, moose,                                                                    
wolves, and  caribou all adjusted differently  to the areas.                                                                    
There were ways to deal with  the issues by making limits as                                                                    
high as  the state could,  but he believed  predator control                                                                    
had become an excuse. He  wanted to ensure that Alaskans had                                                                    
an opportunity  to hunt moose  and caribou, but  he reasoned                                                                    
that the program  was not without controversy.  He had heard                                                                    
from  numerous scientists  over  the years  that there  were                                                                    
better ways [to  maintain strong herds]. He  did not believe                                                                    
predator control was done well.  He stated that "in the face                                                                    
of the  controversy whether it's  done well or  not, whether                                                                    
it actually does what is supposed  to do - that's one of the                                                                    
reasons why  I offer  this, in the  face of  everything else                                                                    
we're doing."                                                                                                                   
                                                                                                                                
Co-Chair Thompson MAINTAINED his OBJECTION.                                                                                     
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Gara, Guttenberg, Kawasaki                                                                                            
OPPOSED:  Wilson, Edgmon,  Gattis,  Munoz, Pruitt,  Saddler,                                                                    
Thompson, Neuman                                                                                                                
                                                                                                                                
The MOTION to adopt Amendment 44 FAILED (3/8).                                                                                  
                                                                                                                                
12:12:33 AM                                                                                                                   
                                                                                                                                
Representative Guttenberg MOVED to  ADOPT Amendment 45 (copy                                                                    
on file):                                                                                                                       
                                                                                                                                
     DEPARTMENT: Department of Natural Resources                                                                                
     APPROPRIATION: Parks and Outdoor Recreation                                                                                
     ALLOCATION: Parks Management & Access                                                                                      
                                                                                                                                
     ADD: $241,200 General Fund (UGF) 1004                                                                                      
          $87,200 General Fund/Program Receipts (DGF) 1005                                                                      
                                                                                                                                
     EXPLANATION:  This  amendment restores  the  Governor's                                                                    
     FY17  proposed funding  levels. Cuts  to this  division                                                                    
     negatively impact  the department's ability  to provide                                                                    
     access  and collect  user fees  for Alaska  State parks                                                                    
     and recreation areas.                                                                                                      
                                                                                                                                
Co-Chair Thompson OBJECTED for discussion.                                                                                      
                                                                                                                                
Representative Guttenberg spoke to  the amendment that would                                                                    
restore  funding  to  the  Division  of  Parks  and  Outdoor                                                                    
Recreation. He  believed everyone should be  concerned about                                                                    
the issue.  He explained  that the Interior  had experienced                                                                    
the problems that  would be created by the  cut. He believed                                                                    
the decrement would create passive  management of some state                                                                    
parks. Hopefully the division would  be able to maintain and                                                                    
do  a  better job  of  raising  funds from  more  successful                                                                    
parks. He stated that clearly  many of the state's park were                                                                    
more successful - they were  in better locations, had higher                                                                    
usage, and people  did not mind paying  usage fees. However,                                                                    
he cited  a specific  situation at  Olnes Pond  in Fairbanks                                                                    
where the park  had gone wild. He elaborated  that there was                                                                    
no  chain or  lock that  bolt  cutters could  not break.  He                                                                    
continued that  people saw old  parks and disregard  a chain                                                                    
barricading  the entrance.  He  stressed that  the park  had                                                                    
become wild and people had  been living in the outhouses. He                                                                    
expounded that  families would  no longer  use the  area and                                                                    
the troopers  did not  want to  go out  to the  area because                                                                    
there  was always  trouble. He  stressed  that families  had                                                                    
been afraid for  their children to go near the  area. He was                                                                    
concerned  that  without  continued funding  for  parks  the                                                                    
situation could  occur in other locations.  He stressed that                                                                    
parks could  become a dangerous  place. The  police blotters                                                                    
were never  long enough to  list all of the  negative things                                                                    
that went on at Olnes Pond.  He relayed that the cost to fix                                                                    
the  park  was significant.  He  did  not believe  committee                                                                    
members  would want  to see  a park  in their  neighborhoods                                                                    
become  a place  where  people  went to  do  bad things.  He                                                                    
reasoned  that it  was better  to  have minimal  maintenance                                                                    
than nothing.  He stated  that he had  been troubled  by the                                                                    
way parks  were managed many  times. He did not  believe the                                                                    
legislature  wanted  passive   management  over  parks  that                                                                    
resulted in places becoming a "Mecca for bad behavior."                                                                         
                                                                                                                                
12:16:17 AM                                                                                                                   
                                                                                                                                
Co-Chair Thompson  communicated that he had  been a champion                                                                    
of  having parks  as places  for people  to go  to fish  and                                                                    
camp, but  under the circumstances  it was necessary  to cut                                                                    
back.  He would  do his  best  to be  one of  the people  to                                                                    
maintain the area  himself. He shared that he  had helped to                                                                    
clean  up Olnes  and  Chatanika  camps when  it  had been  a                                                                    
problem.  He  relayed  that  he  had  to  vote  against  the                                                                    
amendment because the state was out of money.                                                                                   
                                                                                                                                
Co-Chair Thompson MAINTAINED his OBJECTION.                                                                                     
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Gara, Guttenberg, Kawasaki                                                                                            
OPPOSED:  Edgmon, Gattis,  Munoz,  Pruitt, Saddler,  Wilson,                                                                    
Thompson, Neuman                                                                                                                
                                                                                                                                
The MOTION to adopt Amendment 45 FAILED (3/8).                                                                                  
                                                                                                                                
12:18:02 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
12:29:22 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Thompson  MOVED  to ADOPT  Amendment  9  (copy  on                                                                    
file):                                                                                                                          
                                                                                                                                
     Page 71, lines 11-15:                                                                                                      
                                                                                                                                
     Delete all material and insert:                                                                                            
     "(h) The sum of $1,018,984,500 is appropriated from                                                                        
     the general fund to the public education fund (AS                                                                          
     14.17.300)."                                                                                                               
                                                                                                                                
     Page 7l, line l6:                                                                                                          
     Delete "$78,989,800"                                                                                                       
     Insert "$78,969,800"                                                                                                       
                                                                                                                                
     EXPLANATION:    This    amendment   accomplishes    the                                                                    
     following:                                                                                                                 
     1. Relative to the Governor's amended request this                                                                         
        amendment reduces the FY17 UGF capitalization of the                                                                    
        public education fund  by $145 million.  This action                                                                    
        does not reduce the amount that  will be distributed                                                                    
        to school districts  via the foundation  formula. It                                                                    
        allows the FY16 deposit of $435  million UGF that is                                                                    
        currently in the bill  to he distributed  over three                                                                    
        years.                                                                                                                  
     2. Corrects a typographical error in the appropriation                                                                     
        for pupil transportation.                                                                                               
                                                                                                                                
Co-Chair Neuman OBJECTED for discussion.                                                                                        
                                                                                                                                
Mr. Ecklund explained that the  amendment corrected an error                                                                    
that appropriated  $1,018,984,500 from  the General  Fund to                                                                    
K-12.  Additionally,  it  corrected  a  typo  in  the  pupil                                                                    
transportation  number.  He detailed  that  with  the FY  17                                                                    
undesignated  general  fund   (UGF)  capitalization  to  the                                                                    
Public  Education Fund,  $145 million  was used  out of  the                                                                    
$435 million transferred to the  Public Education Fund in FY                                                                    
16,  in order  to  fully fund  the  Base Student  Allocation                                                                    
(BSA) amount in FY 17.                                                                                                          
                                                                                                                                
Representative  Gara pointed  to page  71 of  the bill  that                                                                    
included  the  following  language:   "the  full  amount  as                                                                    
required by the Base Student  Allocation will be funded." He                                                                    
observed that the same funding  number was included, but the                                                                    
language had  been removed.  He asked  about the  reason for                                                                    
the change.                                                                                                                     
                                                                                                                                
Mr.  Ecklund  replied that  the  BSA  would still  be  fully                                                                    
funded; it would use $145  million that had been transferred                                                                    
to the Public Education Fund  in FY 16. Additionally, the FY                                                                    
17 amount  would be $1,018,984,500.  The combination  of the                                                                    
two  appropriations  would equal  the  full  funding of  the                                                                    
statutory BSA for FY 17.                                                                                                        
                                                                                                                                
Representative Gara  did not understand what  was wrong with                                                                    
the existing language which specified  that the BSA would be                                                                    
fully  funded. He  did  not  know what  the  purpose of  the                                                                    
amendment was  on page  71, line 11,  subsection (h)  of the                                                                    
bill.                                                                                                                           
                                                                                                                                
Mr.  Ecklund explained  that the  amendment  would use  $145                                                                    
million of the $435 million  in the Public Education Fund in                                                                    
FY 17. The  intent was to use  $145 million in FY  18 and FY                                                                    
19 as well  (from the Public Education  Fund). He reiterated                                                                    
that the amendment would fully  fund the statutory BSA in FY                                                                    
17.                                                                                                                             
                                                                                                                                
Representative Gara  did not  see the  language in  the bill                                                                    
specifying  that the  $145  million would  come  out of  the                                                                    
Public Education Fund.                                                                                                          
                                                                                                                                
12:33:14 AM                                                                                                                   
                                                                                                                                
Mr.  Ecklund answered  that  the  amendment appropriated  an                                                                    
exact dollar  amount of $1,018,984,500. When  the figure was                                                                    
added  to existing  money in  the Public  Education Fund  it                                                                    
would be more  than adequate to fully fund the  BSA in FY 17                                                                    
and would leave  a remaining balance of $290  million in the                                                                    
Public  Education   Fund.  He  explained  that   the  Public                                                                    
Education Fund was  designed to have dollars flow  out of it                                                                    
per the statutory BSA.                                                                                                          
                                                                                                                                
Representative  Gara did  not understand  the amendment.  He                                                                    
deferred to another member to ask questions.                                                                                    
                                                                                                                                
Representative  Kawasaki referred  to the  existing language                                                                    
in subsection  (h) of the  bill, which showed  the estimated                                                                    
appropriation. He asked about  the effect of appropriating a                                                                    
specific amount to the fund.                                                                                                    
                                                                                                                                
Mr.  Ecklund  replied   that  the  effect  was   as  he  had                                                                    
described.  There  would  be  $435  million  in  the  Public                                                                    
Education Fund  from FY 16.  He explained that  money flowed                                                                    
out  of the  fund at  the  statutory BSA  level; no  further                                                                    
appropriation  was  required.   Between  the  $1,018,984,500                                                                    
[general  fund appropriation]  and  the money  in the  fund,                                                                    
there would be more money  than needed to fund the statutory                                                                    
BSA  in FY  17. He  furthered that  the FY  17 BSA  would be                                                                    
fully funded and  there would be a remaining  balance in the                                                                    
Public Education Fund in FY 18 of $290 million.                                                                                 
                                                                                                                                
Representative Kawasaki  asked whether the $290  million was                                                                    
available for appropriation.                                                                                                    
                                                                                                                                
Mr. Ecklund replied  that the Public Education  Fund was not                                                                    
a  dedicated fund;  therefore, money  could be  appropriated                                                                    
from  the fund.  He explained  that  it did  not require  an                                                                    
appropriation to fund  the BSA. The fund had been  set up in                                                                    
a way that  did not require a further  appropriation for the                                                                    
dollars to flow out to fund the BSA.                                                                                            
                                                                                                                                
Representative Kawasaki  asked if the $290  million from the                                                                    
Public  Education  Fund would  be  available  to fund  items                                                                    
other than the BSA. Mr.  Ecklund replied in the affirmative;                                                                    
it was  not a dedicated  fund; therefore, there could  be an                                                                    
appropriation out of the fund.                                                                                                  
                                                                                                                                
Representative Kawasaki  asked if the $290  million could be                                                                    
used for multiple years (i.e. FY 16, FY 17, or FY 18).                                                                          
                                                                                                                                
12:37:39 AM                                                                                                                   
                                                                                                                                
Mr.  Ecklund   answered  that   under  the   amendment,  the                                                                    
statutory BSA  would be fully  funded in FY 17.  There would                                                                    
then  be a  remaining  balance within  the Public  Education                                                                    
Fund of  $290 million that would  be available in FY  18 for                                                                    
public education.                                                                                                               
                                                                                                                                
Representative  Kawasaki  asked  if  the  funding  would  be                                                                    
available only  for education. Mr. Ecklund  replied that the                                                                    
purpose  of the  fund was  to pay  for public  education; it                                                                    
could be used  for another purpose, but had not  been in the                                                                    
past.                                                                                                                           
                                                                                                                                
Representative  Gara  expressed  that he  was  still  having                                                                    
trouble with  the amendment.  He stated  that the  amount of                                                                    
money  that went  to schools  was in  part based  on student                                                                    
counts,  which were  not  known for  the  next school  year.                                                                    
Currently the bill  specified that enough money  to fund the                                                                    
foundation formula  would be appropriated and  was estimated                                                                    
to be $1.018 billion; however,  he reasoned that the precise                                                                    
number  was  not known  at  present.  He remarked  that  the                                                                    
amendment included  an exact dollar amount  despite the fact                                                                    
that the  student count was  not known. He wondered  why the                                                                    
current language was not better.                                                                                                
                                                                                                                                
12:39:42 AM                                                                                                                   
                                                                                                                                
Mr. Ecklund  stated that the  way the amendment  was written                                                                    
there  would  be a  total  of  $435  million in  the  Public                                                                    
Education  Fund plus  $1.018 million;  there would  be above                                                                    
$1.4  billion in  the  fund. The  required  BSA funding  was                                                                    
around  $1.2 billion;  therefore, there  would be  more than                                                                    
enough money in the fund after  the amendment to pay for the                                                                    
BSA in FY 17.                                                                                                                   
                                                                                                                                
Representative Gara  remarked that  the bill  specified that                                                                    
$1  billion-plus would  come from  the  Public School  Trust                                                                    
Fund.  The amendment  addressed $435  million in  the Public                                                                    
Education Fund. The items were causing him confusion.                                                                           
                                                                                                                                
Representative Guttenberg stated that  subsection (h) in the                                                                    
bill referred  to the fiscal  year ending June 30,  2017. He                                                                    
observed  that the  date was  removed in  the amendment.  He                                                                    
wondered about the  impact and asked if it  allowed the 2016                                                                    
deposit of $435 million to be  spread over a period of three                                                                    
years.                                                                                                                          
                                                                                                                                
Mr. Ecklund answered that the  way the Public Education Fund                                                                    
worked  was that  the  money  flowed out  to  fund the  K-12                                                                    
formula  without  further  appropriation. He  detailed  that                                                                    
$435 million  deposited had been  deposited into  the Public                                                                    
Education Fund in FY 16  and the amendment appropriated over                                                                    
$1 billion more; there would  be approximately $1.45 billion                                                                    
in the fund. The amount required  to fund the BSA out of the                                                                    
Public Education  Fund was estimated  at $1.163  billion. He                                                                    
emphasized  that there  was more  than enough  money in  the                                                                    
Public Education  Fund after  the amendment  to pay  for the                                                                    
statutory  BSA in  FY  17.  There would  be  a remainder  of                                                                    
approximately $290 million at the start of FY 18.                                                                               
                                                                                                                                
12:43:25 AM                                                                                                                   
                                                                                                                                
Representative Gara requested  to hear from Mr.  Teal on the                                                                    
impact of Amendment 9.                                                                                                          
                                                                                                                                
DAVID TEAL, DIRECTOR,  LEGISLATIVE FINANCE DIVISION, relayed                                                                    
that  the  current language  in  the  bill stated  that  the                                                                    
amount  necessary  to fund  is  appropriated  to the  Public                                                                    
Education Fund.  He explained that the  estimated number [in                                                                    
the bill] was  wrong. He detailed that with  $435 million in                                                                    
the  Public Education  Fund, the  amount  necessary to  fund                                                                    
education in  FY 17  would be reduced  by $435  million from                                                                    
the governor's request. The bill  already reduced the amount                                                                    
by $145 million.  He elucidated that the  amendment made the                                                                    
amount certain. He  expounded that if the  amendment was not                                                                    
adopted, the  entire $435 million  deposited in FY  16 would                                                                    
be spent in  FY 17. The amendment would enable  the funds to                                                                    
be spent over  a three-year period instead of  just one year                                                                    
under the current language.                                                                                                     
                                                                                                                                
Representative  Gara asked  if  the  amendment impacted  the                                                                    
legislature's ability  to increase the BSA  in the following                                                                    
year.                                                                                                                           
                                                                                                                                
Mr. Teal  replied that  the amendment  would not  impact the                                                                    
legislature's  ability  to  do  anything.  He  reminded  the                                                                    
committee that in the past couple  of years there had been a                                                                    
balance of  as much  as $1 billion  in the  Public Education                                                                    
Fund.  A  large  balance  in  the  fund  did  not  help  the                                                                    
legislature fund  education, nor  did it  hurt. Statutorily,                                                                    
money  flowed  out  of the  Public  Education  Fund  without                                                                    
appropriation  to  fully fund  the  BSA.  He explained  that                                                                    
excess funds  could not flow  out of the fund;  funds flowed                                                                    
out until  the BSA  was fully funded.  He explained  that if                                                                    
the legislature  increased the BSA  the following  year, the                                                                    
higher dollar amount would flow from the account.                                                                               
                                                                                                                                
12:47:04 AM                                                                                                                   
                                                                                                                                
Co-Chair Neuman WITHDREW his OBJECTION.                                                                                         
                                                                                                                                
There being NO further OBJECTION, Amendment 9 was ADOPTED.                                                                      
                                                                                                                                
Co-Chair  Thompson  MOVED  to   authorize  the  Division  of                                                                    
Legislative Finance  and Legislative Legal Services  to make                                                                    
technical  and  conforming  amendments  to  incorporate  the                                                                    
amendments adopted by the committee into a CS.                                                                                  
                                                                                                                                
HB  256  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
HB  257  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Thompson  discussed the schedule for  the following                                                                    
day.                                                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
12:48:07 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 12:48 a.m.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects