Legislature(2019 - 2020)ADAMS ROOM 519

02/13/2020 01:30 PM House FINANCE

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01:39:08 PM Start
01:39:56 PM SB74
01:42:39 PM HB234
01:42:53 PM Fy 20 Supplemental Budget Overview by Legislative Finance Division
02:55:51 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 234 APPROP:SUPP; REAPPROP; CAP; AMEND; CBR TELECONFERENCED
Heard & Held
FY20 Supplemental Budget Overview by
Pat Pitney, Director, Legislative Finance Div.
Alexei Painter, Analyst, Legislative Finance Div.
+= SB 74 INTERNET FOR SCHOOLS TELECONFERENCED
Moved HCS CSSB 74(FIN) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 13, 2020                                                                                          
                         1:39 p.m.                                                                                              
                                                                                                                                
1:39:08 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Johnston   called  the  House   Finance  Committee                                                                    
meeting to order at 1:39 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Jennifer Johnston, Co-Chair                                                                                      
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative Andy Josephson                                                                                                   
Representative Gary Knopp                                                                                                       
Representative Bart LeBon                                                                                                       
Representative Kelly Merrick                                                                                                    
Representative Colleen Sullivan-Leonard                                                                                         
Representative Cathy Tilton                                                                                                     
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Erin  Shine, Staff,  Representative  Jennifer Johnston;  Pat                                                                    
Pitney,  Director,  Legislative   Finance  Division;  Alexei                                                                    
Painter,   Analyst,  Legislative   Finance  Division;   Neil                                                                    
Steininger,  Director,  Office  of  Management  and  Budget,                                                                    
Office   of  the   Governor;   Kelly  Cunningham,   Analyst,                                                                    
Legislative Finance Division.                                                                                                   
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 234    APPROP:SUPP; REAPPROP; CAP; AMEND; CBR                                                                                
                                                                                                                                
          HB  234  was  HEARD  and  HELD  in  committee  for                                                                    
          further consideration.                                                                                                
                                                                                                                                
CSSB 74 (FIN)                                                                                                                   
          INTERNET FOR SCHOOLS                                                                                                  
          HCS CSSB  74 (FIN)  was REPORTED out  of committee                                                                    
          with five  "do pass" recommendations, one  "do not                                                                    
          pass"     recommendation,     and     four     "no                                                                    
          recommendation" recommendations  and with  one new                                                                    
          fiscal impact note by  the Department of Education                                                                    
          and Early Development.                                                                                                
                                                                                                                                
FY 20  SUPPLEMENTAL BUDGET  OVERVIEW BY  LEGISLATIVE FINANCE                                                                    
DIVISION                                                                                                                        
                                                                                                                                
Co-Chair Johnston reviewed the agenda for the day.                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 74(FIN)                                                                                                
                                                                                                                                
     "An Act relating to funding for Internet services for                                                                      
     school districts; and providing for an effective                                                                           
     date."                                                                                                                     
                                                                                                                                
1:39:56 PM                                                                                                                    
                                                                                                                                
Co-Chair   Foster   MOVED   to  ADOPT   proposed   committee                                                                    
substitute  for  CSSB  74   (FIN),  Work  Draft  31-LS0600\E                                                                    
(Caouette, 1/31/20)(copy on file).                                                                                              
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
1:40:23 PM                                                                                                                    
                                                                                                                                
ERIN   SHINE,  STAFF,   REPRESENTATIVE  JENNIFER   JOHNSTON,                                                                    
reviewed the  Committee Substitute (CS) work  draft changes.                                                                    
She  reported  that  the  CS   contained  two  changes.  She                                                                    
explained  that  the   first  change  on  page   1,  line  1                                                                    
eliminated  the language,   and providing  for an  effective                                                                    
date.  The other  change eliminated Section 2  and Section 3                                                                    
of the prior version of the bill.                                                                                               
                                                                                                                                
1:40:59 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster MOVED  to report  HCSCSSB 74  (FIN) out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
Representative Carpenter OBJECTED.                                                                                              
                                                                                                                                
Representative Carpenter MAINTAINED his OBJECTION.                                                                              
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN  FAVOR:  Josephson,   LeBon,  Merrick,  Ortiz,  Sullivan-                                                                    
Leonard, Tilton, Wool, Foster, Johnston                                                                                         
OPPOSED: Carpenter, Knopp                                                                                                       
                                                                                                                                
The MOTION PASSED (9/2).                                                                                                        
                                                                                                                                
HCS CSSB  74 (FIN) was  REPORTED out of committee  with five                                                                    
"do    pass"   recommendations,    one    "do   not    pass"                                                                    
recommendation,     and     four     "no     recommendation"                                                                    
recommendations and with  one new fiscal impact  note by the                                                                    
Department of Education and Early Development.                                                                                  
                                                                                                                                
1:42:23 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:42:28 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 234                                                                                                            
                                                                                                                                
     "An    Act    making    supplemental    appropriations,                                                                    
     reappropriations,  and  other appropriations;  amending                                                                    
     appropriations;     capitalizing      funds;     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."                                                                         
                                                                                                                                
1:42:39 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster indicated that the  committee would hear the                                                                    
Legislative Finance Division's (LFD) perspective of HB 234.                                                                     
                                                                                                                                
^FY 20  SUPPLEMENTAL BUDGET OVERVIEW BY  LEGISLATIVE FINANCE                                                                  
DIVISION                                                                                                                      
                                                                                                                                
1:42:53 PM                                                                                                                    
                                                                                                                                
PAT   PITNEY,   DIRECTOR,  LEGISLATIVE   FINANCE   DIVISION,                                                                    
introduced    the    PowerPoint   Presentation:    "Governor                                                                    
Supplemental  Request  Overview."  She began  with  Slide  2                                                                    
titled  Governor's  Supplemental Requests,   which contained                                                                    
some highlights of the governor's supplemental budget:                                                                          
                                                                                                                                
   Governor proposed $270.5 million in FY 20 UGF                                                                                
   Supplemental Requests                                                                                                        
                                                                                                                                
       UGF budget reduction from FY 19 after Governor's                                                                         
     proposed Supplemental items would be $216 million                                                                          
                                                                                                                                
       FY  20 est. deficit  has increased from  $157 million                                                                    
     when  the budget  was enacted  (July 1,  2019) to  $610                                                                    
     million   with    revenue   projection    updates   and                                                                    
     Supplemental requests                                                                                                      
                                                                                                                                
       CBR est. balance after FY20 Supplemental and                                                                             
    Governor's FY 21 request is $572 billion [million]                                                                          
                                                                                                                                
Ms.  Pitney  expounded  on  the  second  bullet  point.  She                                                                    
explained that  agency appropriations  between FY 19  and FY                                                                    
20 were  similar with the  notable differences  of community                                                                    
assistance, school debt reimbursement,  and oil tax credits.                                                                    
The cuts  to the  Department of  Health and  Social Services                                                                    
(DHSS), University  of Alaska (UA),  and the  Marine Highway                                                                    
System  were offset  by the  added $100  million expenditure                                                                    
for fire suppression. She elaborated  that in June 2019, the                                                                    
estimated budget deficit  was $157 million. Due  to a change                                                                    
in  revenue  projections   compounded  by  the  supplemental                                                                    
request,  the FY  2020 deficit  was  currently estimated  at                                                                    
$610 million.  The Constitutional  Budget Reserve  (CBR) was                                                                    
just over $2 billion  and by the end of FY  21 would be $572                                                                    
million.  She pointed  out that  the  slide erroneously  had                                                                    
$572 billion instead of million.                                                                                                
                                                                                                                                
Ms.  Pitney   continued  to   slide  3   titled   Governor's                                                                    
Supplemental Requests:                                                                                                          
                                                                                                                                
     ? 52 items totaling $504.1 million                                                                                         
                                                                                                                                
          ? $270.5 UGF $264.9 operating, $5.7 capital                                                                           
        ? $ 17.6 DGF $10.7 operating, $6.9 capital                                                                              
          ? $ 0.2 Other $0.2 operating                                                                                          
          ? $215.7 Federal $173.2 operating, $42.5 capital                                                                      
          ? 7 ratification totaling $2.4 million                                                                                
                                                                                                                                
Ms. Pitney  indicated that the  slide listed  the governor's                                                                    
supplemental  request by  fund  source. She  noted that  the                                                                    
LFDs  total differed from the  governors  total based on the                                                                    
divisions   way  of   accounting  for  reappropriations  and                                                                    
another  federal item  it believed  was  accounted for.  She                                                                    
explained  that ratifications  were appropriations  of state                                                                    
funds for  unrealized or over  expenditure of  federal funds                                                                    
in a prior closed fiscal year.                                                                                                  
                                                                                                                                
1:48:30 PM                                                                                                                    
                                                                                                                                
Representative    Carpenter   asked    a   question    about                                                                    
ratifications. He wondered if there  was a length of time in                                                                    
which the  items had to  be paid. Ms. Pitney  responded that                                                                    
if left  unpaid, they remain  open in the  accounting system                                                                    
and  remain  state   liabilities.  Representative  Carpenter                                                                    
asked  whether there  was an  accounting requirement  to pay                                                                    
them  in the  current  year. Ms.  Pitney  responded that  it                                                                    
could   potentially   show   up   as   an   audit   finding.                                                                    
Representative Carpenter  was attempting to  understand what                                                                    
was required versus what would be nice to do.                                                                                   
                                                                                                                                
Representative Knopp cited slide  2 and referenced the third                                                                    
bullet point. He  was aware of excess  spending for Medicaid                                                                    
and fire  suppression. He wondered  if the  original revenue                                                                    
projection was wrong due to  either less production or lower                                                                    
prices than originally forecasted.                                                                                              
                                                                                                                                
ALEXEI  PAINTER,  ANALYST,   LEGISLATIVE  FINANCE  DIVISION,                                                                    
replied that  the forecasts were  adjusted downward  in both                                                                    
price and  production and increased  costs due  to increased                                                                    
investment  on  the  North   Slope  resulting  in  decreased                                                                    
revenues.  Representative  Knopp  asked what  the  decreased                                                                    
amount  of revenue  was from  the original  projections. Mr.                                                                    
Painter  responded that  the amount  was approximately  $250                                                                    
million.                                                                                                                        
                                                                                                                                
1:50:50 PM                                                                                                                    
                                                                                                                                
Ms.  Pitney turned  to  the spreadsheet  on  slide 4  titled                                                                    
 Short   Fiscal   Summary        FY   20   with   Governor's                                                                    
Supplementals/FY  21  Governor's  Budget.   She  highlighted                                                                    
line 9 that reflected  the supplemental appropriation in the                                                                    
operating  budget totaling  $264.9  million in  Unrestricted                                                                    
General  Funds (UGF)  in  FY  20 and  line  12 showing  $5.7                                                                    
million  in   Capital  Budget  supplemental   requests.  She                                                                    
pointed to  line 16 depicting  the deficit amount  of $610.2                                                                    
million. She referenced  line 18 on the  lower right showing                                                                    
a  CBR balance  of  $2 billion  at  the end  of  FY 20.  The                                                                    
balance of the CBR  at the end of FY 21  was shown at $572.5                                                                    
million.                                                                                                                        
                                                                                                                                
Representative  Wool   referenced  line  14   depicting  the                                                                    
Permanent  Fund  Dividend  (PFD)  expenditure in  FY  20  at                                                                    
$1.068 billion and $2.005 billion  in FY 21; a difference of                                                                    
$1  billion. He  wondered  whether the  balance  of the  CBR                                                                    
would increase  by $1 billion  if the  FY 21 PFD  payout was                                                                    
similar to  the FY  20 payout. Ms.  Pitney responded  in the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
Co-Chair  Foster  asked  Ms.  Pitney  to  walk  through  the                                                                    
information again.                                                                                                              
                                                                                                                                
Ms. Pitney referred  to line 14 and noted that  in FY 21 the                                                                    
governors   request  for  PFDs    was  $2.005  billion.  She                                                                    
explained that the amount was  the difference between a $1.6                                                                    
thousand dividend and a $3 thousand dividend.                                                                                   
                                                                                                                                
1:54:14 PM                                                                                                                    
                                                                                                                                
Mr.  Painter explained  that  the  straight line  comparison                                                                    
between FY  20 and FY 21  on line 14 would  use the dividend                                                                    
only  figures of  $1.068 billion  and $2.005  billion, which                                                                    
was a difference of $936 million.                                                                                               
                                                                                                                                
Co-Chair  Foster   referred  to  line  15   for  the  funds                                                                     
inflation  proofing and  other deposits  that showed  $5.014                                                                    
billion  in  FY 20,  which  reflected  the over  $4  billion                                                                    
transfer  into  the  fund  plus  the  amount  for  inflation                                                                    
proofing of  $641 million. He noted  that inflation proofing                                                                    
was  originally  expected  to  be  $943  million.  He  asked                                                                    
whether  he was  correct.  Mr. Painter  responded that  $642                                                                    
million  was  the  new  estimate.   He  confirmed  that  the                                                                    
budgeted  number remained  $940 million  which included  the                                                                    
royalties  above   the  constitutional  minimum   that  were                                                                    
accounted as  UGF in FY  20. He  added that beginning  in FY                                                                    
21,   inflation  proofing   funds  would   be  included   as                                                                    
Designated General Funds  (DGF). The 67.9 thousand  in FY 21                                                                    
was the inflation  proofing DGF figure on  line 15. Co-Chair                                                                    
Foster restated  that in FY 20  the legislature appropriated                                                                    
a $1.6  thousand dividend totaling $1.007  billion. The cost                                                                    
for  a  $3  thousand  dividend that  the  governor  proposed                                                                    
totaled  about  $2 billion.  He  detailed  that if  the  PFD                                                                    
payout amount in FY 21 was  $1.6 thousand the CBR draw would                                                                    
be less and the balance  would be approximately $1.5 billion                                                                    
versus  $572  thousand.   He  believed  that  Representative                                                                    
Wools point was important.                                                                                                      
                                                                                                                                
1:56:31 PM                                                                                                                    
Representative Sullivan-Leonard  believed that in  the prior                                                                    
year, instead  of using a  fifty-fifty percent PFD  model it                                                                    
was  roughly  sixty-eight  to  thirty-two  percent;  the  32                                                                    
percent was  distributed as dividends. It  appeared that the                                                                    
governor was proposing  a true statutory 50/50  payout in FY                                                                    
21. She pointed  to the FY 21 Earning  Reserve Account (ERA)                                                                    
balance of $15.5  billion and surmised that  the balance was                                                                    
healthy.                                                                                                                        
                                                                                                                                
Ms.  Pitney  replied  that  although   the  ERA  funds  were                                                                    
accessible,  the  Point  of   Market  Value  (POMV)  statute                                                                    
prescribed the  percentage that could  be expended  from the                                                                    
ERA. She  noted that the  analysis assumed the  POMV statute                                                                    
was  followed.  Representative  Sullivan-Leonard  questioned                                                                    
the response.  She commented that  following the  POMV model                                                                    
and  using  the  governors   50/50  split  the  ERA  balance                                                                    
remained healthy at $15.5 billion.                                                                                              
                                                                                                                                
Co-Chair  Foster  commented  that  the meeting  was  on  the                                                                    
supplemental  budget rather  than  the PFD.  He thought  the                                                                    
point  of  the slide  was  that  the  $264 million  was  the                                                                    
current  supplemental balance  rather  than  the prior  $224                                                                    
million.                                                                                                                        
                                                                                                                                
1:59:31 PM                                                                                                                    
                                                                                                                                
Co-Chair  Johnston commented  that Representative  Sullivan-                                                                    
Leonards  point that the ERA would  grow in FY 21 was due to                                                                    
the  governor drawing  down the  CBR for  dividends and  not                                                                    
withdrawing  from the  ERA. She  referenced prior  testimony                                                                    
from the  Alaska Permanent Fund Corporation  (APFC) pointing                                                                    
out  that the  Permanent Fund  (PF) could  grow to  over $85                                                                    
billion  in ten  years if  the state  worked at  growing the                                                                    
fund.  She  wondered  what  the  projections  were  for  the                                                                    
settlements and earnings for the CBR in the next year.                                                                          
                                                                                                                                
Mr.  Painter  responded  that Department  of  Revenue  (DOR)                                                                    
estimated that  settlements would amount to  $75 million and                                                                    
earnings were approximately 3 percent  of the balance of the                                                                    
CBR  amounting  to  over  $100  million.  Co-Chair  Johnston                                                                    
commented  that  if  the  CBR  was  only  used  as  a   cash                                                                    
management account there would be no earnings left.                                                                             
                                                                                                                                
2:01:29 PM                                                                                                                    
                                                                                                                                
Representative LeBon referred to  the lower right section of                                                                    
the  slide that  depicted the  states  reserve  balances. He                                                                    
noted that  the Statutory  Budget Reserve  (SBR) had  a zero                                                                    
balance. He reminded the committee  that the SBR was emptied                                                                    
in the prior year to prop up the dividend amount.                                                                               
                                                                                                                                
Co-Chair  Foster agreed  that  Representative LeBons   point                                                                    
was  significant.  He  asked Ms.  Pitney  what  the  highest                                                                    
balance in the SBR had been.                                                                                                    
                                                                                                                                
2:02:24 PM                                                                                                                    
                                                                                                                                
Ms.  Pitney directed  attention  to slide  6  showing a  bar                                                                    
graph of the  End-of-Year Reserve Balances since  FY 07. She                                                                    
remarked  that  in  FY  12   and  FY  13  the  SBR  balance,                                                                    
represented by the  green bar, peaked and the  CBR peaked in                                                                    
FY 14. She recounted that the  drop in the CBR balance in FY                                                                    
15  was due  to a  draw from  the fund  for paying  down the                                                                    
retirement liability.                                                                                                           
                                                                                                                                
Representative Carpenter commented  that the legislature had                                                                    
made  the  decision  to  make   the  PFD  an   expense.   He                                                                    
disagreed with  statements maintaining  that a  certain fund                                                                    
was drawn on  to help pay for a dividend.  He opined that if                                                                    
the PFD  were not  considered a  government expense  and was                                                                    
paid  via the  50/50 statute  as was  historically done,  it                                                                    
would  not be  a  choice  nor an  expense,  rather it  would                                                                    
automatically happen.  He believed that the  decision to pay                                                                    
for the  PFD out  of a  certain fund  was no  different than                                                                    
paying for education, or health  and social services, or the                                                                    
ferry system,  etc.; it was  merely a line item  expense. He                                                                    
believed that it was inaccurate  to say money was drawn down                                                                    
from a certain account specifically to pay for the PFD.                                                                         
                                                                                                                                
2:04:53 PM                                                                                                                    
                                                                                                                                
Co-Chair  Johnston  brought  attention to  the  supplemental                                                                    
budget  where an  attempt to  cut the  budget was  made. She                                                                    
noted  that  the  state  currently   had  two  main  revenue                                                                    
sources:  the   structured  POMV   draw  and   oil  resource                                                                    
revenues. She pointed  out that in the prior  year there had                                                                    
been an  attempt to use the  revenues from the POMV  draw to                                                                    
pay  a  larger  dividend.   The  legislature  was  currently                                                                    
discussing  a  very  large supplemental  appropriation  even                                                                    
though  reductions   were  made  in  the   prior  year.  She                                                                    
emphasized  that the  governor  had presented  a very  large                                                                    
supplemental  because the  budget he  had presented  was not                                                                    
large enough to meet the needs of Alaskans.                                                                                     
                                                                                                                                
2:06:18 PM                                                                                                                    
                                                                                                                                
Ms. Pitney  continued with comments  on Slide 5.  She turned                                                                    
to the  graph that  displayed the Unrestricted  General Fund                                                                    
Revenue and  Budget. She detailed that  the green background                                                                    
denoted  traditional UGF  revenue  and  the gray  background                                                                    
depicted  the ERA  amount of  POMV and  PFD draw,  which was                                                                    
currently 5.25  percent, soon decreasing  to 5  percent. The                                                                    
pink bar represented  the deficit. She pointed to  the FY 20                                                                    
deficit  of  $610  million  and the  projected  FY  21  $1.5                                                                    
billion  deficit.  The  blue bar  represented  agency  spend                                                                    
showing  FY 20  roughly equal  to FY  19. The  remaining bar                                                                    
colors  depicted statewide  operations, Capital  Budget, and                                                                    
PFDs.                                                                                                                           
                                                                                                                                
Representative LeBon  asked about the projection  on the far                                                                    
right  bar  [representing FY  21].  He  asked what  the  oil                                                                    
revenue and production forecasts were for FY 21.                                                                                
                                                                                                                                
Mr. Painter responded that the  oil price was $59/per barrel                                                                    
and he failed to remember what the production forecast was.                                                                     
Representative  LeBon  asked  what  the  price  of  oil  was                                                                    
currently. Mr.  Painter responded that it  was approximately                                                                    
$55.                                                                                                                            
                                                                                                                                
Co-Chair  Johnston  asked  Ms.  Pitney to  provide  a  brief                                                                    
review  of what  was included  in statewide  operations. Ms.                                                                    
Pitney  offered  that  statewide  operations  included  non-                                                                    
agency  expenditures   that  were  not  associated   with  a                                                                    
particular agency.  The majority in  FY 21 was  comprised of                                                                    
the retirement liability payment  of $330 million. She noted                                                                    
that  typical  items not  included  in  FY  20 was  oil  tax                                                                    
credits,  Community  Assistance,  and  Regional  Educational                                                                    
Attendance Area (REAA) school funding.                                                                                          
                                                                                                                                
2:09:46 PM                                                                                                                    
                                                                                                                                
Co-Chair Johnston  commented that  one of the  largest items                                                                    
was the unfunded liability of  the state pension system. She                                                                    
stated that  the unfunded liability was  something the state                                                                    
had no  control over.  She asked  whether her  statement was                                                                    
correct. Ms.  Pitney answered that the  liability was viewed                                                                    
as a general  obligation debt of the state  by credit rating                                                                    
agencies. Co-Chair  Johnston clarified  that the  full faith                                                                    
and  credit of  the state  backed the  payments. Ms.  Pitney                                                                    
responded in the affirmative.                                                                                                   
                                                                                                                                
Representative  Josephson  asked   if  the  grey  background                                                                    
increased between FY 19 and FY  21 because of the passage of                                                                    
SB 26 [SB  26 - Approp Limit & Per  Fund: Dividend; Earnings                                                                    
Chapter 16 SLA 18 -  06/13/2018]. Ms. Pitney answered in the                                                                    
affirmative.   Representative    Josephson   described   the                                                                    
 intensity   and  seriousness    of   the  retirement   debt                                                                    
regarding repayment.  He wondered if Ms.  Pitney agreed with                                                                    
the serious  nature of the  debt. Ms. Pitney  responded that                                                                    
the retirement benefits were constitutionally guaranteed.                                                                       
                                                                                                                                
2:12:17 PM                                                                                                                    
                                                                                                                                
Ms.  Pitney  moved  to  Slide   7  titled   CBR  Access  and                                                                    
Headroom:                                                                                                                       
                                                                                                                                
     Typically, CBR Access for balancing the budget has                                                                         
     been limited to the bills passed that session                                                                              
                                                                                                                                
   However, restricting access to specific bills caused                                                                         
   problems for any sort of Supplemental appropriations                                                                         
                                                                                                                                
     "CBR Headroom" is included to allow additional                                                                             
   appropriations beyond the enacted acts up to a limit                                                                         
                                                                                                                                
      E.g.  for FY20 the limit is $250 million                                                                                  
                                                                                                                                
Ms. Pitney  discussed Slide  8 titled  FY  20 Supps  and CBR                                                                    
Headroom.   She   reiterated  that  the  governor's   FY  20                                                                    
supplemental request totaled $270  million. She relayed that                                                                    
the  headroom was  $250 million  as specified  in the  FY 20                                                                    
budget  language adopted  by the  legislature. The  headroom                                                                    
was exceeded by $20.5 million.                                                                                                  
                                                                                                                                
Co-Chair  Foster clarified  the difference  between the  CBR                                                                    
and deficit filling language. He  voiced that the CBR filled                                                                    
a  shortfall in  a  budgeted appropriation.  He provided  an                                                                    
example  of  Medicaid  that  had   a  $20  million  budgeted                                                                    
shortfall.  The CBR  could  be used  to  fill the  shortfall                                                                    
versus deficit  filling language that  was meant to  cover a                                                                    
shortfall in revenue. He asked whether he was correct.                                                                          
                                                                                                                                
Mr.  Painter interjected  that  in a  typical  year the  CBR                                                                    
could accomplish  both shortfalls. He explained  that in the                                                                    
FY  20 budget  the CBR  language allowed  for a  gap between                                                                    
revenue  and  expenditures to  be  covered  by the  CBR.  In                                                                    
addition,  if supplemental  funds were  needed the  language                                                                    
allowed CBR funds  to cover the supplemental  expenses up to                                                                    
$250  million.  Access  to  the  $250  million  required  an                                                                    
appropriation but  not another  CBR vote. He  furthered that                                                                    
the  deficit filling  language was  intended  for a  planned                                                                    
deficit  or  an  unexpected shortfall  if  revenue  declined                                                                    
below projections.                                                                                                              
                                                                                                                                
2:16:09 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster mentioned  that typically  headroom was  in                                                                    
the amount  of $100  million. He noted  that the  reason for                                                                    
having a larger  headroom number from the  previous year was                                                                    
because  the  legislature  doubted the  amount  of  proposed                                                                    
Medicaid  reductions were  obtainable. He  asked whether  he                                                                    
was correct. Mr. Painter responded  that he was not privy to                                                                    
the  budget negotiations  between the  bodies and  could not                                                                    
speculate as  to the reason.  Co-Chair Foster  confirmed his                                                                    
statement as the reason for the increased headroom.                                                                             
                                                                                                                                
2:17:07 PM                                                                                                                    
                                                                                                                                
Representative  Wool asked  for clarification  regarding the                                                                    
deficit  projection on  slide 8.  He could  not account  for                                                                    
approximately  $230 million.  Ms. Pitney  answered that  the                                                                    
CBR balance  was large  enough that  it was  still receiving                                                                    
earnings  and  in addition,  all  oil  tax settlements  were                                                                    
deposited into the  CBR and together they  accounted for the                                                                    
difference.  Representative   Wool  ascertained   that  even                                                                    
though funds  were drawn  on the CBR  it was  still earning.                                                                    
Ms. Pitney responded in the affirmative.                                                                                        
                                                                                                                                
Ms.  Pitney  reviewed   the  supplemental  items  considered                                                                    
urgent  by the  Office  of Management  and  Budget (OMB)  on                                                                    
slide 9 titled Governor's Supplemental Requests:                                                                                
                                                                                                                                
     Noted by OMB as Urgent - $241.9 million UGF                                                                                
                                                                                                                                
          ? Medicaid Services; Medicaid: $128,273.6 UGF                                                                         
          ? Fire Suppression: $110,500.0 UGF                                                                                    
         ? DOTPF-Highway, Aviation and Facilities;                                                                              
            Northern Highways Dalton Highway/Atigun Pass:                                                                       
            $158.1 UGF                                                                                                          
          ? Knik-Goose Bay Road:                                                                                                
            $2,000.0 Reappropriation/Scope Change                                                                               
          ? Earthquake Relief  Federally Ineligible:                                                                            
            $3,000.0 UGF                                                                                                        
         ? DMVA - Mass Notification System: $900.0                                                                              
           Reappropriation Full Supplemental list for Q&A                                                                       
Ms. Pitney indicated that Medicaid  was the most urgent item                                                                    
and  funding was  projected to  run  out by  March 23,  2020                                                                    
without the  supplemental funding. The Department  of Health                                                                    
and  Social Services  (DHSS) would  need  to delay  provider                                                                    
payments.  The Medicaid  figure  covered  both the  Medicaid                                                                    
reduction and the Adult Dental  Program. She elaborated that                                                                    
the fire  suppression request included the  cost of fighting                                                                    
the  prior  summer and  fall  fires  and the  projected  $16                                                                    
million for a normal spring season.                                                                                             
                                                                                                                                
Ms. Pitney concluded her presentation  and offered to answer                                                                    
any questions.                                                                                                                  
                                                                                                                                
2:21:56 PM                                                                                                                    
                                                                                                                                
Vice-Chair Ortiz  asked how urgency  was determined  for the                                                                    
Northern  and  Dalton  Highways   and  Knik-Goose  Bay  Road                                                                    
Reappropriation/Scope  Change items.  Mr. Painter  responded                                                                    
that  the first  request was  considered urgent  because the                                                                    
work was completed,  and the money was  expended leaving the                                                                    
entity with a shortfall in  funding for the remainder of the                                                                    
fiscal year unless  paid. He was unable  to answer regarding                                                                    
the second item.                                                                                                                
                                                                                                                                
2:23:14 PM                                                                                                                    
                                                                                                                                
Representative Tilton  wanted to address the  Knik-Goose Bay                                                                    
Road  Scope Change.  She explained  that several  fatalities                                                                    
occurred  due to  road maintenance  issues.  Deep ruts  were                                                                    
pushing drivers  into other lanes.  The $2 million  had been                                                                    
appropriated for  another portion  of the  Goose Bay  road a                                                                    
few years  prior. However,  maintenance was  urgently needed                                                                    
in the  Mile 1  to Mile  7 area due  to the  fatalities. She                                                                    
emphasized that  it was a  scope change only  and additional                                                                    
funding  over the  2 million  already  appropriated was  not                                                                    
requested.                                                                                                                      
                                                                                                                                
2:24:40 PM                                                                                                                    
                                                                                                                                
Representative Josephson asked what  would happen if the $16                                                                    
million  for the  spring fire  suppression was  addressed in                                                                    
the FY 21 budget. Ms.  Pitney responded that the Division of                                                                    
Forestry  had  authority to  fight  fires  when they  occur,                                                                    
which was the reason for  the over $100 million supplemental                                                                    
request. She  elucidated that $80 million  was already spent                                                                    
and the  division would continue  to fight fires.  The worst                                                                    
ramification was that the item  became a ratification, which                                                                    
had happened in the past.                                                                                                       
                                                                                                                                
Representative  Josephson asked  whether  there  was such  a                                                                    
thing  as a   negative supplemental.   He wondered  if there                                                                    
was  the possibility  of addressing  an FY  20 appropriation                                                                    
that  the   legislature  deemed  unnecessary.   Mr.  Painter                                                                    
answered  in   the  affirmative  and  added   that  negative                                                                    
supplementals were quite common in prior years.                                                                                 
                                                                                                                                
Representative   Knopp  asked   what  the   $3  million   in                                                                    
earthquake relief was targeted  for. Ms. Pitney replied that                                                                    
the  items  listed  were   specifically  for  Department  of                                                                    
Transportation   and    Public   Facilities    (DOT)   state                                                                    
properties. The  money was not  used in communities  with an                                                                    
expectation  of  federal   disaster  relief.  Representative                                                                    
Knopp asked whether DOT had a list of eligible projects.                                                                        
                                                                                                                                
Mr. Painter answered that he would provide the list.                                                                            
                                                                                                                                
2:28:05 PM                                                                                                                    
                                                                                                                                
Representative  Wool  further  questioned  fire  suppression                                                                    
dollars.  He  thought  that   the  spring  fire  suppression                                                                    
funding  was  for  fire  prevention  measures  and  not  for                                                                    
fighting  fires.   Mr.  Painter   answered  that   the  fire                                                                    
suppression money was only used  for fighting fires. Funding                                                                    
for   fire  prevention   was  in   a  separate   allocation.                                                                    
Representative Wool  presumed that the  supplemental request                                                                    
was only for past fires  that occurred and anticipated fires                                                                    
in   the  coming   spring.  Mr.   Painter  replied   in  the                                                                    
affirmative   and   added   that  $94.5   million   of   the                                                                    
supplemental appropriation was already  spent. The other $16                                                                    
million  was for  anticipated  fires in  the  spring of  the                                                                    
current   year.   Representative  Wool   requested   further                                                                    
clarification regarding  paying the costs for  future fires.                                                                    
Mr. Painter  related that in FY  19 the state did  not fully                                                                    
fund  fire suppression  and expected  a roughly  $30 million                                                                    
ratification in the future. The  legislature could ignore it                                                                    
hoping the  governor declared  a disaster,  but it  was more                                                                    
prudent  to  include  the  fire  suppression  costs  in  the                                                                    
budget.                                                                                                                         
                                                                                                                                
Representative Merrick  informed the  committee that  in the                                                                    
Department  of   Natural  Resources   finance  subcommittee,                                                                    
Representative Hopkins  offered an amendment for  $5 million                                                                    
for fire prevention.                                                                                                            
Co-Chair Johnston  noted that in past  years the legislature                                                                    
had  a $50  million supplemental  for fire  suppression. She                                                                    
wondered  if this  was the  most expensive  season for  fire                                                                    
suppression. Mr. Painter answered in the affirmative.                                                                           
                                                                                                                                
Ms.  Pitney  moved  to  discuss  the  FY  2020  Supplemental                                                                    
Spreadsheet (copy on  file). She highlighted item  2 on page                                                                    
1,  DHSS Adult  Preventative  Dental  Medicaid Services  and                                                                    
noted  that the  governors   request included  both UGF  and                                                                    
federal funds. She reported that  the federal funds had been                                                                    
appropriated in  the prior years  budget  and suggested that                                                                    
they exclude  the federal funds.  She mentioned item  3 that                                                                    
included the fire suppression request.                                                                                          
                                                                                                                                
2:32:47 PM                                                                                                                    
                                                                                                                                
Vice-Chair Ortiz  referenced the $18.730 million  in federal                                                                    
funding for  item 2 and asked  if it should not  be included                                                                    
in the request.  Ms. Pitney answered in  the affirmative and                                                                    
restated that the  amount was included in the  FY 20 budget.                                                                    
The governor vetoed the UGF portion only.                                                                                       
                                                                                                                                
Representative  Sullivan-Leonard asked  whether the  item on                                                                    
line  2 was  time  sensitive or  if it  could  wait for  the                                                                    
following  budget  cycle.  Ms.  Pitney  responded  that  the                                                                    
program  was reinstated  by the  governor  and the  Medicaid                                                                    
program would run out of money by the end of March.                                                                             
                                                                                                                                
Co-Chair Johnston  noted that there  had been  some question                                                                    
about  the time  sensitivity  of the  Anchorage Division  of                                                                    
Motor  Vehicles (DMV)  office move.  She  inquired when  the                                                                    
current lease  expired. Mr. Painter  understood that  a rent                                                                    
increase was expected very soon,  and the DMV wanted to move                                                                    
quickly. He would provide further information.                                                                                  
                                                                                                                                
Representative  Sullivan-Leonard asked  if someone  from OMB                                                                    
was available to answer questions.                                                                                              
                                                                                                                                
2:35:15 PM                                                                                                                    
                                                                                                                                
NEIL STEININGER, DIRECTOR, OFFICE  OF MANAGEMENT AND BUDGET,                                                                    
OFFICE  OF THE  GOVERNOR,  responded that  he was  uncertain                                                                    
when the  lease expired  and relayed that  the item  was not                                                                    
included  in the  list of  urgent items.  The Department  of                                                                    
Administration (DOA)  could manage  its cash flow  until the                                                                    
time the typical supplemental funds would become available.                                                                     
                                                                                                                                
2:36:07 PM                                                                                                                    
                                                                                                                                
Representative  Knopp  asked  if  the $16  million  in  fire                                                                    
suppression dollars  were urgent. He thought  that there was                                                                    
a  historical  average  that  was  applicable.  Mr.  Painter                                                                    
responded  that  the $16  million  represented  a 5     year                                                                    
average  for spring  fire suppression  costs. Representative                                                                    
Knopp  asked about  the balance  for  fire suppression.  Mr.                                                                    
Painter  answered  that  currently the  state  overspent  by                                                                    
$94.5 million  and without an  infusion of funds  above that                                                                    
amount there  would be  a zero  balance in  fire suppression                                                                    
funds. In  response to a question  by, Representative Knopp,                                                                    
Mr.  Painter  responded  that if  the  legislature  did  not                                                                    
appropriate the  fire suppression dollars it  would create a                                                                    
large  ratification. He  recounted that  a statute  directed                                                                    
the  authority  to  continue  to   fight  fires  lacking  an                                                                    
appropriation if the governor declared an emergency.                                                                            
                                                                                                                                
2:37:52 PM                                                                                                                    
                                                                                                                                
Co-Chair Johnston reported that  historically there had been                                                                    
a  balance leftover  in the  fund,  but not  in the  current                                                                    
year. She asked  if she was accurate.  Mr. Painter responded                                                                    
that  in  FY 19  the  state  overspent  the balance  by  $30                                                                    
million. He  commented that  the last year  the state  had a                                                                    
fire suppression balance was in FY 17.                                                                                          
                                                                                                                                
Representative Wool  inquired how the $94.5  million in fire                                                                    
suppression  was covered.  Mr.  Painter  responded that  the                                                                    
money was appropriated from the  CBR as part of the deficit.                                                                    
The statutory  language allowed the governor  to continue to                                                                    
spend General  Funds (GF) to  protect the health,  life, and                                                                    
safety for fire  suppression even if funds  were lacking for                                                                    
such purpose.                                                                                                                   
                                                                                                                                
2:39:20 PM                                                                                                                    
                                                                                                                                
Representative Josephson  asked if the governor  had to make                                                                    
a formal announcement  or could he simply  expend the funds.                                                                    
Mr. Painter  recalled that  the governor  had to  declare an                                                                    
emergency  and   notify  the   presiding  officers   of  the                                                                    
legislature.  He offered  to provide  the exact  language in                                                                    
statute.                                                                                                                        
                                                                                                                                
2:40:04 PM                                                                                                                    
                                                                                                                                
Ms. Pitney  highlighted page 3 containing  several items for                                                                    
the Department  of Public Safety  (DPS). She  drew attention                                                                    
to line 16  with a request for $4.3 million.  She noted that                                                                    
items 16, 17, 18, 25,  and 26 were significant public safety                                                                    
items in  the supplemental. On Page  4, line 21 there  was a                                                                    
supplemental request  for the  Alaska Marine  Highway System                                                                    
(AMHS) for $7  million. The item was one of  2 AMHS requests                                                                    
and both  did not add  service to the current  schedule. The                                                                    
items covered  only service through the  current fiscal year                                                                    
making up  for DOT's shortfall.  She drew attention  to page                                                                    
5, line 27 containing  capital requests, which contained the                                                                    
additional $5 million DOT request.                                                                                              
                                                                                                                                
2:42:11 PM                                                                                                                    
                                                                                                                                
Ms.  Pitney addressed  page  6  reflecting the  supplemental                                                                    
requests  by  the  Department   of  Corrections  (DOC).  She                                                                    
explained that the federal government  had an agreement with                                                                    
the state  to cover the  costs of housing  federal prisoners                                                                    
in Alaska  state prisons.  The money is  kept in  a separate                                                                    
account and  the legislature  appropriated the  funding. The                                                                    
department   requested  to   utilize   the  unexpended   and                                                                    
unobligated  balance  of  $8   million  for  funding  inmate                                                                    
healthcare [page 6, item 29].                                                                                                   
                                                                                                                                
2:44:06 PM                                                                                                                    
                                                                                                                                
Co-Chair Johnston  ascertained that the money  was comprised                                                                    
of federal  receipts the state had  previously received over                                                                    
several  years.  She  thought that  the  funding  should  be                                                                    
considered  as a  one-time funding  item. She  was concerned                                                                    
whether the transaction would survive an audit.                                                                                 
                                                                                                                                
Mr.  Steininger responded  that the  federal manday  revenue                                                                    
regulation was  intended to cover all  costs associated with                                                                    
housing a  federal inmate including  longer term  costs like                                                                    
maintenance. He offered that the  amount was roughly $80 per                                                                    
day  and there  was not  an  expectation to  use the  entire                                                                    
amount in  the same day.  The department was  confident they                                                                    
could use  the revenues for the  requested purpose. Co-Chair                                                                    
Johnston  maintained her  concerns. She  asked if  the money                                                                    
could be used  for the healthcare costs of  inmates in other                                                                    
years  and  weather  OMB  viewed  the  funding  as  one-time                                                                    
funding.  Mr. Steininger  responded that  clearly the  money                                                                    
was a one-time amount that  had built up over several years.                                                                    
The department  and OMB were  looking into  sustainable fund                                                                    
sources to meet  long term needs. However, to  meet the one-                                                                    
time supplemental  need, OMB believed it  was an appropriate                                                                    
use of the funds.                                                                                                               
                                                                                                                                
2:47:05 PM                                                                                                                    
                                                                                                                                
Co-Chair  Johnston queried  that  since the  money would  be                                                                    
used for a one-time need in  FY 20 it reflected an increased                                                                    
need  for  healthcare  or an  underbudgeted  situation.  Mr.                                                                    
Steininger deferred to DOC for an answer.                                                                                       
                                                                                                                                
Ms.  Pitney  continued  that most  supplemental  items  were                                                                    
clearly presented on the spreadsheet.  She was going to jump                                                                    
to  page   9,  items   45  through   51  to   highlight  the                                                                    
ratifications. She  explained that items 45  through 50 were                                                                    
DOT  ratifications  from  FY  10   to  FY  17  from  federal                                                                    
emergency  projects.   The  last   item  resulted   from  an                                                                    
appropriation in  FY 07 for  the Medicaid  Management System                                                                    
completion.                                                                                                                     
                                                                                                                                
2:49:42 PM                                                                                                                    
                                                                                                                                
Representative  Josephson  referred  to page  6,  [item  30]                                                                    
regarding  the Palmer  Correctional  Facility. He  recounted                                                                    
that  a  short time  ago  the  Palmer Correctional  Facility                                                                    
closed.  At  the  time,  the  facility  was  acceptable  for                                                                    
housing inmates and  currently it was not.  He wondered what                                                                    
had  changed. Ms.  Pitney answered  that  when the  facility                                                                    
closed there were known  maintenance issues. The legislature                                                                    
appropriated money  for maintenance to reopen  the facility.                                                                    
However, there  was a  delay in  reopening the  facility, so                                                                    
the  appropriation had  to  be moved  into  the next  fiscal                                                                    
year. She delineated that through  further study, the amount                                                                    
for  repairs  were   greater  than  originally  anticipated.                                                                    
Representative  Josephson deduced  that  it  was typical  to                                                                    
move  the amount  into  the  base of  the  budget. He  asked                                                                    
whether the appropriation  was left up to  the discretion of                                                                    
the body. Ms. Pitney answered in the affirmative.                                                                               
                                                                                                                                
2:52:15 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz  referenced   the  appropriation  for  the                                                                    
Pioneer  Homes payment  assistance on  page 2,  line 10  and                                                                    
read the  following,  Add authority  to meet the  mission of                                                                    
serving elders  regardless of  ability to  pay based  on the                                                                    
new rate structure that was  implemented September 1, 2019.                                                                     
He  asked  what the  original  appropriation  in the  FY  20                                                                    
budget was and  what percentage increase did  the $1 million                                                                    
supplemental request represent.                                                                                                 
                                                                                                                                
KELLY  CUNNINGHAM,  ANALYST, LEGISLATIVE  FINANCE  DIVISION,                                                                    
asked Vice-Chair  Ortiz to  repeat his  question. Vice-Chair                                                                    
Ortiz  restated his  question. She  replied that  the FY  20                                                                    
budget included $25.9 million UGF for payment assistance.                                                                       
                                                                                                                                
Representative  Tilton  referenced  the  ratifications.  She                                                                    
thought the  amount of  $1.2 million for  item 49  was high.                                                                    
She  wondered what  the project  was. Mr.  Painter indicated                                                                    
LFD would provide the answer to her office.                                                                                     
                                                                                                                                
2:54:46 PM                                                                                                                    
                                                                                                                                
Representative Carpenter asked when  amendments for the bill                                                                    
were due.                                                                                                                       
                                                                                                                                
Co-Chair Johnston responded that  the committee would have a                                                                    
public hearing in  the following day. She  would let members                                                                    
know when amendments were due.                                                                                                  
                                                                                                                                
Co-Chair Johnston  thanked the  presenters and  reviewed the                                                                    
agenda for the following day.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
2:55:51 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:55 p.m.                                                                                          

Document Name Date/Time Subjects
HB 234 HFC Presentation Governor Supps 2-13-20.pdf HFIN 2/13/2020 1:30:00 PM
HB 234
HB 234 FY20 Gov Supplemental List LDF.pdf HFIN 2/13/2020 1:30:00 PM
HB 234
H CS for CS for SB 74 FIN work draft ver. E.pdf HFIN 2/13/2020 1:30:00 PM
SB 74