Legislature(1995 - 1996)

01/30/1996 10:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                        January 30, 1996                                       
                           10:00 a.m.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Jeannette James, Chair                                         
 Representative Scott Ogan, Vice Chair                                         
 Representative Joe Green                                                      
 Representative Ivan Ivan                                                      
 Representative Brian Porter                                                   
 Representative Caren Robinson                                                 
 Representative Ed Willis                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present.                                                          
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 ADMINISTRATION PRESENTATION:  SUPPLEMENTAL APPROPRIATIONS ON THE              
                               FEDERAL SHORTFALL                               
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 None                                                                          
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 ANALEE MCCONNELL, Director                                                    
 Office of the Director                                                        
 Office of Management and Budget                                               
 Office of the Governor                                                        
 P.O. Box 110001                                                               
 Juneau, Alaska 99811-0001                                                     
 Telephone:  (907) 465-4660                                                    
  POSITION STATEMENT:   Provided comments on the supplemental                  
 appropriation on the federal shortfall.                                       
                                                                               
 JOHN KATZ, Special Counsel                                                    
 Washington D.C. Office                                                        
 Office of the Governor                                                        
 444 North Capitol NW, Suite 336                                               
 Washington D.C. 20001-1512                                                    
 Telephone:  (206) 624-5858                                                    
  POSITION STATEMENT:   Provided comments on the supplemental                  
 appropriation on the federal shortfall.                                       
                                                                               
 MARTHA STEWART, Special Assistant                                             
 Washington D.C. Office                                                        
 Office of the Governor                                                        
 444 North Capitol NW, Suite 336                                               
 Washington D.C. 20001-1512                                                    
 Telephone:  (206) 624-5858                                                    
  POSITION STATEMENT:   Provided comments on the supplemental                  
 appropriation on the federal shortfall.                                       
                                                                               
 JANET CLARK, Director                                                         
 Central Office                                                                
 Division of Administrative Services                                           
 Department of Health and Social Services                                      
 P.O. Box 110650                                                               
 Juneau, Alaska 99811-0650                                                     
 Telephone:  (907) 465-3082                                                    
  POSITION STATEMENT:   Provided comments on the supplemental                  
 appropriation on the federal shortfall.                                       
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-07, SIDE A                                                            
 Number 1841                                                                   
                                                                               
 The Administration Presentation on Supplemental Appropriation on              
 the Federal Shortfall was called to order by Chair Jeannette James            
 at 10:10 a.m.  Members present at the call to order were                      
 Representatives James, Ogan, Green, Ivan, Porter, Robinson, and               
 Willis.  No members were absent.                                              
                                                                               
 CHAIR JAMES called on the first witness, Analee McConnell,                    
 Director, Office of the Director, Office of Management and Budget,            
 Office of the Governor.                                                       
                                                                               
 ANALEE MCCONNELL, Director, Office of the Director, Office of                 
 Management and Budget, Office of the Governor, announced she                  
 appreciated the committee members for their time today to receive             
 an update on the federally funded programs.  She stated a bridge              
 financing bill was proposed in early January due to the uncertainty           
 in Washington D.C.  She also stated John Katz, Special Counsel, was           
 on-line in Washington D.C. to share his perceptions with the                  
 committee members.  She announced there was a great deal of                   
 uncertainty still and the agencies were working minute-by-minute to           
 update their status.  Ms. McConnell said the agencies and the                 
 Administration were walking the line between causing unnecessary              
 disruption of federally funded services by overreacting, and not              
 being fiscally responsible by acknowledging what might happen if              
 the federal funding levels were lowered.                                      
                                                                               
 CHAIR JAMES called on the next witness John Katz, Special Counsel,            
 Washington D.C. Office, Office of the Governor.                               
                                                                               
 Number 1896                                                                   
                                                                               
 JOHN KATZ, Special Counsel, Washington D.C. Office, Office of the             
 Governor, announced Martha Stewart was also on-line in Washington             
 D.C. to help answer questions.  He said the situation in Washington           
 D.C. was characterized by uncertainty.  He stated he had never seen           
 a situation like this before and there were no patterns to                    
 extrapolate with accuracy about what might happen.  He further                
 stated Congress passed a continuing resolution until March 15,                
 1996.  He said Congress would not be working on appropriation                 
 issues between now and late February.  The current federal budget             
 process divided itself, he stated, into categories to include                 
 agencies subject to appropriation bills in the normal course of               
 business, agencies that received money at the conference committee            
 level, agencies that received FY95 appropriations at the lesser of            
 either chamber's level, and agencies funded at 75 percent of the              
 FY95 level.  He further said some agencies were funded based on the           
 FY95 budget at the 95 percent level until September 30, 1996.  In             
 Alaska the agencies most affected were unemployment insurance and             
 medicaid.  The final complications, he said, were the unresolved              
 differences between the political parties regarding welfare,                  
 medicaid and medicare reform.  In conclusion, he stated, there were           
 tertiary impacts, as well, for agencies in the Department of the              
 Interior because Alaska was a public land state.                              
                                                                               
 CHAIR JAMES asked where the veterans fitted in this scenario.                 
                                                                               
 MR. KATZ called on Martha Stewart to respond.                                 
                                                                               
 Number 2152                                                                   
                                                                               
 MARTHA STEWART, Special Assistant, Washington D.C. Office, Office             
 of the Governor, replied some, but not all of the veteran's                   
 benefits were protected until September 30, 1996.  She asked which            
 programs in particular Representative James was concerned about.              
                                                                               
 CHAIR JAMES said Ms. McConnell mentioned the veterans in an earlier           
 discussion.                                                                   
                                                                               
 MR. KATZ announced he would get back to the committee members in              
 response to the particular questions regarding veterans.                      
                                                                               
 CHAIR JAMES said thank you.                                                   
                                                                               
 Number 2170                                                                   
                                                                               
 MS. MCCONNELL said the department was concerned about the disabled            
 veterans programs.  She said it first appeared the programs would             
 be funded at the 75 percent level.  However, every time the                   
 department was ready with a compilation more information was                  
 received that either would higher or lower the estimation.  She               
 said other states were caught in this uncertainty also.  She said,            
 it was difficult to receive the most up-to-date information from              
 the federal agencies.  However, at this point she felt the                    
 veteran's programs were in good shape.  She announced Arbe                    
 Williams, Director, Central Office, Division of Administrative                
 Services, Department of Labor was here to answer any specific                 
 questions.                                                                    
                                                                               
 Number 2228                                                                   
                                                                               
 CHAIR JAMES said she was willing to bridge finance when the only              
 thing holding up a decision was an accounts receivable from the               
 federal government that guaranteed funding.  She further said she             
 was concerned if the funding was authorized by the legislature over           
 and above the state budget then subsequently cut by the federal               
 government, she asserted, to make up the difference a cut would be            
 needed elsewhere.  However, she suggested language could be devised           
 to address this issue.                                                        
                                                                               
 Number 2284                                                                   
                                                                               
 MS. MCCONNELL responded the language proposed initially was pulled            
 together quickly with the expectation adjustments would be made.              
 She wondered what should be done about a program which is funded at           
 the 75 percent level now, but was expected to be funded at a higher           
 level, because there was no guarantee of the higher federal                   
 funding.  She said she asked Mr. Katz if an agency was being funded           
 at a 95 percent level was it possible Congress would decide to cut            
 it back to 80 percent, for example, which would cause adjustments.            
 She said Mr. Katz felt that was unlikely.  She also said the                  
 department was concerned about laying people off in the interim               
 when it was believed the issue would be resolved.  There were other           
 states that did lay people off during the time of uncertainty and             
 resumed during the next continuing resolution.  She stated that was           
 not a good situation, however.  She further said most issues were             
 working out as hoped, such as unemployment insurance.  She said two           
 departments were here today to answer questions, the Department of            
 Health and Social Services, and the Department of Labor.  She                 
 asserted in some cases general fund matches would be spent at a               
 faster rate.  She stated this was a reasonable risk.  In conclusion           
 she wondered when to scale services that were being scaled back at            
 the federal level also.  She wondered if the cuts should be made              
 now or at the end of the continuing resolution period resulting in            
 more adjustments at the end of the fiscal year.                               
                                                                               
 Number 2440                                                                   
                                                                               
 CHAIR JAMES replied she was concerned about eliminating something             
 that did not need to be cut to make up for the deficit.  She                  
 further enquired about the 95 percent level, and asked if it was              
 higher at the FY96 than the FY95 budget.                                      
                                                                               
 MS. MCCONNELL asked if Chair James was referring to federal funds.            
                                                                               
 CHAIR JAMES replied yes, or was it left at that level.                        
                                                                               
 MS. MCCONNELL replied no, a higher level was not assumed.  Except,            
 in the area of medicaid.  She said Alaska was at a disadvantage in            
 the medicaid proposals in Congress and the Administration was                 
 working closely with the Alaskan Congressional delegation.                    
 Otherwise a more conservative figure was assumed, she stated.                 
                                                                               
 TAPE 96-7, SIDE B                                                             
 Number 0000                                                                   
                                                                               
 REPRESENTATIVE SCOTT OGAN commented there was an unprecedented                
 draught in the state right now, and unless it snowed, he alleged,             
 there would be an early and hot fire season.  He wondered how this            
 would be affected as there was a lot of federal funding that went             
 toward fighting the wild land fires.                                          
                                                                               
 Number 0035                                                                   
                                                                               
 MR. KATZ replied he was not sure because wild land fire fighting              
 had not been singled out for special attention.  He said it was               
 part of the Department of the Interior's budget which was                     
 uncertain.  He said it was an issue for the Alaskan Congressional             
 delegation.                                                                   
                                                                               
 Number 0060                                                                   
                                                                               
 REPRESENTATIVE OGAN responded he would appreciate it if the issue             
 was addressed.  He reiterated his district had no snow and he was             
 concerned.                                                                    
                                                                               
 Number 0071                                                                   
                                                                               
 MS. MCCONNELL said it was also an issue that would be addressed in            
 the supplemental budget with respect to disasters.  She stated a              
 bad break-up was anticipated this year due to climate conditions              
 and more information would be available later this week.                      
                                                                               
 Number 0125                                                                   
                                                                               
 REPRESENTATIVE PORTER wondered if it was easier to maintain the               
 previous level or anticipate the reduction and administer at the              
 reduced level.                                                                
                                                                               
 Number 0134                                                                   
                                                                               
 MS. MCCONNELL said initially it was to maintain the 95 federal                
 level which was appropriated in the FY95 state budget.  However,              
 the uncertainty was piece-meal.  She said it was never the                    
 intention to use this to address larger policy issues such as a               
 state response to a federal budget reduction from here forward.               
 Therefore, she stated, larger policy questions needed to be                   
 addressed as well.  She hoped it would be dealt with in the FY97              
 budget as it would be an appropriate time to think it through, and            
 temporarily kept things going through the end of the state fiscal             
 year.  She cited the Occupational Safety and Health Administration            
 (OSHA) was the one agency the Administration now anticipates a                
 federal funding level of 85 percent, therefore, it was time to                
 start looking at the issues involved.                                         
                                                                               
 Number 0198                                                                   
                                                                               
 REPRESENTATIVE PORTER suggested including the different funding               
 levels in the bill.                                                           
                                                                               
 Number 0217                                                                   
                                                                               
 CHAIR JAMES said it was important to know who the people were and             
 what they did to determine how a decision would affect them, and              
 suggested a scenario was needed.                                              
                                                                               
 Number 0229                                                                   
                                                                               
 REPRESENTATIVE PORTER replied part of the scenario was the state              
 level, the anticipated federal level, and the requested level.                
                                                                               
 Number 0238                                                                   
                                                                               
 MS. MCCONNELL said this was the first time there was an extended              
 time period where the funding level was known.  She asked the                 
 committee members if it was timely to bring a supplemental bridge             
 financing bill forward through the committees, or for the                     
 Administration to proceed as it had been.                                     
                                                                               
 Number 0287                                                                   
                                                                               
 CHAIR JAMES said the legislature was confused also.  She asserted             
 it was important to not expand the spending already authorized.               
 She stated the only way to deal with the issue was through                    
 supplemental funding.  She reiterated it was a tough decision and             
 everyone was in a quandary.  She alleged agencies funded at the 90            
 to 95 percent level probably would not get 100 percent funding.               
 She further alleged for agencies funded at the 75 percent level it            
 was questionable if it would be cut altogether.  She said she would           
 take the position it would not be funded beyond 75 percent.  She              
 cited her discussion with Arbe Williams which addressed carry-over            
 funds used in her department.  In conclusion, she suggested a piece           
 of legislation with guidelines was needed in the event this                   
 happened again.                                                               
                                                                               
 Number 0418                                                                   
                                                                               
 REPRESENTATIVE CAREN ROBINSON wondered about the status of the bill           
 introduced.                                                                   
                                                                               
 CHAIR JAMES said a bill had been introduced and was in the House              
 State Affairs Committee, but it was not before them today because             
 it needed to be amended.  She said the Administration was preparing           
 a substitute rather than the committee because they had the                   
 information.                                                                  
                                                                               
 Number 0460                                                                   
                                                                               
 MS. MCCONNELL replied she was happy to make the amendments.                   
 However, she said she received information the legislature did not            
 want to hear the bill.                                                        
                                                                               
 Number 0479                                                                   
                                                                               
 CHAIR JAMES suggested including parameters in the revised bill.               
                                                                               
 MS. MCCONNELL said Mr. Katz believed decisions would probably not             
 be made by March 15, 1996.                                                    
                                                                               
 CHAIR JAMES replied the bill should not be reactionary but                    
 precedent setting, therefore, more procedural than specific.                  
                                                                               
 Number 0502                                                                   
                                                                               
 REPRESENTATIVE ROBINSON agreed a quick response was needed.  She              
 questioned if pink slips would be given in the next few weeks.                
                                                                               
 Number 0525                                                                   
                                                                               
 MS. MCCONNELL replied decisions were being made in programs where             
 the funding level was below 95 percent.  Layoffs would be necessary           
 for agencies funded at the 85 percent level, for example, for the             
 rest of the year.  However, it was part of the legislative budget             
 process to discuss reductions for FY97.                                       
                                                                               
 Number 0569                                                                   
                                                                               
 CHAIR JAMES said specifics were needed along with parameters and              
 procedures.                                                                   
                                                                               
 Number 0588                                                                   
                                                                               
 MS. MCCONNELL wondered if the committee members would like to hear            
 from the departments.                                                         
                                                                               
 CHAIR JAMES called Janet Clark, Director, Central Office, Division            
 of Administrative Services, Department of Health and Social                   
 Services.                                                                     
                                                                               
 Number 0616                                                                   
                                                                               
 JANET CLARK, Director, Central Office, Division of Administrative             
 Services, Department of Health and Social Services, said this issue           
 was crucial to the department because it received over $400,000,000           
 in federal funds for various programs.  She said the department was           
 tracking this weekly producing a report.  The report, she stated,             
 was based on a letter of credit received from the federal                     
 government, and if the money was not in the letter of credit it was           
 included in the report even though the funding had been.  She said            
 she did not want to impact the state's cash position.                         
                                                                               
 Number 0672                                                                   
                                                                               
 CHAIR JAMES responded it was not a problem authorizing funds when             
 there was a cash receivable.  However, when there was not a cash              
 receivable, a problem existed because of the possibility the it               
 might be adjusted creating more adjustments elsewhere.  She cited             
 medicaid as an example of uncertainty because of changes in the               
 law, and wondered if the changes would be retroactive.                        
                                                                               
 Number 0731                                                                   
                                                                               
 MS. CLARK replied the department received quarterly advances for              
 the medicaid program.  She cited the department spent over $5                 
 million per week in medicaid payments and any changes would be a              
 result of a  policy decision.  She further stated the department              
 was in a different position than the Department of Labor, for                 
 example, because it received individual grants that went to people.           
 Therefore, decisions affecting benefit levels were needed.  There             
 were enough funds to keep the current benefit levels until May 1,             
 1996.  Ms. Clark also said the state could charge the federal                 
 government interest for the days cash was not sent, in some                   
 situations.                                                                   
                                                                               
 Number 0811                                                                   
                                                                               
 REPRESENTATIVE PORTER asked if the department had the authority to            
 reduce a benefit.                                                             
                                                                               
 Number 0819                                                                   
                                                                               
 MS. CLARK said the current benefit levels were stated in statutes.            
                                                                               
 Number 0830                                                                   
                                                                               
 CHAIR JAMES replied there was a different spin on everything and              
 specifics were needed.                                                        
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 CHAIR JAMES adjourned the Administration presentation at 10:45 a.m.           
                                                                               
                                                                               

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