Legislature(1999 - 2000)

03/09/1999 08:04 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                                   
                   March 9, 1999                                                                                                
                     8:04 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jeannette James, Chair                                                                                           
Representative John Coghill                                                                                                     
Representative Scott Ogan                                                                                                       
Representative Jim Whitaker                                                                                                     
Representative Beth Kerttula                                                                                                    
Representative Harold Smalley                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Bill Hudson                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Commissioner, Department of Military and Veterans Affairs                                                                       
Adjutant General, Alaska National Guard                                                                                         
                                                                                                                                
     Phillip Oates, Brigadier General                                                                                           
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Brigadier General, Alaska Air National Guard                                                                                    
                                                                                                                                
     George Cannelos, Colonel                                                                                                   
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
* HOUSE BILL 112                                                                                                                
"An Act establishing the Alaska public building fund; and providing                                                             
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED HB 112 OUT OF COMMITTEE                                                                                            
                                                                                                                                
* HOUSE BILL 122                                                                                                                
"An Act excluding buildings used primarily for office space from                                                                
the Housing Project and Public Building Assistance Act, restricting                                                             
state ownership of buildings used primarily for office space, and                                                               
providing for the disposal of state ownership interests in certain                                                              
state buildings used primarily for office space; and providing for                                                              
an effective date."                                                                                                             
                                                                                                                                
     - MOVED HB 122 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE JOINT RESOLUTION 18                                                                                                       
Proposing an amendment to the Constitution of the State of Alaska                                                               
relating to an office of administrative hearings.                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 112                                                                                                                    
SHORT TITLE: ESTABLISH ALASKA PUBLIC BUILDING FUND                                                                              
SPONSOR(S): REPRESENTATIVES(S) JAMES                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/24/99       301     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/24/99       301     (H)  STA, FINANCE                                                                                        
 2/24/99               (H)  STA RPT  2DP 3NR                                                                                    
 3/09/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 3/09/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 3/10/99               (H)  DP: JAMES, WHITAKER; NR: SMALLEY,                                                                   
 3/10/99               (H)  KERTTULA, COGHILL                                                                                   
 3/10/99               (H)  ZERO FISCAL NOTE (GOV/ALL DEPTS)                                                                    
 3/10/99               (H)  REFERRED TO FIN                                                                                     
                                                                                                                                
BILL: HB 122                                                                                                                    
SHORT TITLE: STATE OWNERSHIP OF OFFICE BUILDINGS                                                                                
SPONSOR(S): REPRESENTATIVES(S) JAMES                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/03/99       342     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/03/99       342     (H)  STA, FINANCE                                                                                        
 3/03/99               (H)  STA RPT  1DP 1DNP 3NR                                                                               
 3/09/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 3/09/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 3/10/99               (H)  DP: WHITAKER; DNP: KERTTULA;                                                                        
 3/10/99               (H)  NR: SMALLEY, JAMES, COGHILL                                                                         
 3/10/99               (H)  INDETERMINATE FNS (GOV/ALL DEPTS)                                                                   
 3/10/99               (H)  REFERRED TO FIN                                                                                     
                                                                                                                                
BILL: HJR 18                                                                                                                    
SHORT TITLE: CONST. AM: ADMINISTRATIVE HEARINGS                                                                                 
SPONSOR(S): REPRESENTATIVES(S) OGAN, Foster, Dyson, Rokeberg                                                                    
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/24/99       300     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/24/99       300     (H)  STA, JUD, FIN                                                                                       
 2/26/99       328     (H)  COSPONSOR(S): FOSTER                                                                                
 3/04/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 3/04/99               (H)  HEARD AND HELD                                                                                      
 3/05/99       377     (H)  COSPONSOR(S): DYSON, ROKEBERG                                                                       
 3/09/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 3/09/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
PHILLIP OATES, Brigadier General                                                                                                
Adjutant General/Commissioner Designee                                                                                          
Department of Military and Veterans Affairs                                                                                     
P.O. Box 5800                                                                                                                   
Fort Richardson, Alaska  99505                                                                                                  
Telephone:  (907) 428-6003                                                                                                      
                                                                                                                                
GEORGE CANNELOS, Colonel                                                                                                        
Alaska Air National Guard                                                                                                       
Department of Military and Veterans Affairs                                                                                     
P.O. Box 5800                                                                                                                   
Fort Richardson, Alaska  99505                                                                                                  
Telephone:  (907) 428-6072                                                                                                      
                                                                                                                                
JEANNETTE JAMES, REPRESENTATIVE                                                                                                 
Alaska State Legislature                                                                                                        
Capitol Building, Room 102                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3743                                                                                                      
POSITION STATEMENT:  Sponsor of HB 112 and HB 122.                                                                              
                                                                                                                                
KEITH GERKEN, Architect                                                                                                         
Facilities                                                                                                                      
Division of General Services                                                                                                    
Department of Administration                                                                                                    
P.O. Box 110210                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-5683                                                                                                      
POSITION STATEMENT:  Answered questions on HB 112 and HB 122.                                                                   
                                                                                                                                
ROD WILSON, Architect                                                                                                           
Engineering Division                                                                                                            
Department of Transportation and                                                                                                
  Public Facilities                                                                                                             
3132 Channel Drive                                                                                                              
Juneau, Alaska  99801                                                                                                           
Telephone:  465-6962                                                                                                            
POSITION STATEMENT:  Provided information on HB 112 and HB 122.                                                                 
                                                                                                                                
DEVON MITCHELL, Accounting Debt Manager                                                                                         
Treasury Division                                                                                                               
Department of Revenue                                                                                                           
P.O. Box 110405                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-3750                                                                                                      
POSITION STATEMENT:  Provided information on HB 112 and HB 122.                                                                 
                                                                                                                                
ALISON ELGEE, Deputy Commissioner                                                                                               
Department of Administration                                                                                                    
P.O. Box 110200                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-2200                                                                                                      
POSITION STATEMENT:  Provided information on HB 112 and HB 122.                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-13, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR JEANNETTE JAMES called the House State Affairs Standing                                                                   
Committee meeting to order at 8:04 a.m.  Members present at the                                                                 
call to order were Representatives James, Coghill, Whitaker,                                                                    
Kerttula and Smalley.  Representative Ogan joined the committee at                                                              
approximately 8:45 a.m.                                                                                                         
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
CHAIR JAMES announced that the committee will be considering two                                                                
appointees to the Department of Military and Veterans Affairs                                                                   
[resumes were provided].                                                                                                        
                                                                                                                                
[Inadvertently recorded over a small portion of Side A]                                                                         
                                                                                                                                
PHILLIP OATES, Brigadier General, Commissioner Designee, Department                                                             
of Military and Veterans Affairs appeared before the committee.                                                                 
General Oates said that he was drafted into the Army 30 year ago                                                                
and had served two assignments in Alaska.  He said he is interested                                                             
in this position because he would like to continue to serve the                                                                 
people of Alaska and to continue his military service for the state                                                             
of Alaska.                                                                                                                      
                                                                                                                                
Number 0049                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER remarked that General Oats appears to be                                                                
very qualified and looks forward having him serve as commissioner                                                               
of Military and Veterans Affairs.                                                                                               
                                                                                                                                
GENERAL OATES noted that he helped build the infrastructure to                                                                  
included telecommunications with cable to the lower-48, and fought                                                              
in the war of the Pacific in the "Aleutian Campaign."                                                                           
                                                                                                                                
Number 0080                                                                                                                     
                                                                                                                                
CHAIR JAMES noted that she has a large number of active and retired                                                             
military in her district.                                                                                                       
                                                                                                                                
GENERAL OATES said that he has lived all over the world and that no                                                             
one has a closer relationship between the military, the civilians,                                                              
and government than is seen in Alaska.                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL pointed out that he saw the National Guard                                                               
on the beaches in Seward while they were involved in an exercise                                                                
with the Marines, Air force and the Army and was impressed with                                                                 
their commitment.  He asked what needs to be implemented - done                                                                 
differently, and what is the guard's future plan.                                                                               
                                                                                                                                
GENERAL OATES replied that the Alaska Guard is the Alaska National                                                              
Guard, and not the National Alaska Guard because the guard serves                                                               
its state first, then its national missions.  And in order to get                                                               
adequate funding for the National Guard, Alaska has to have viable                                                              
national missions.  He said, "Our resources, for about an $8                                                                    
million state input, we generate $160 million state impact and                                                                  
that's without an economic multiplier."                                                                                         
                                                                                                                                
Number 0151                                                                                                                     
                                                                                                                                
GENERAL OATES stated that his first priority is to be able to                                                                   
respond to the emergencies of the state with the Division of                                                                    
Emergency Services [Department of Military and Veterans Affairs]                                                                
and other emergency service organizations at the municipal or                                                                   
national level.  General Oates said, "In Alaska it's not a question                                                             
of whether we'll have a disaster, it's when we will have that                                                                   
disaster."                                                                                                                      
                                                                                                                                
GENERAL OATES noted that his next priority is the "Youth Challenge                                                              
Program" because they are the future of his organization and that                                                               
we should work to put our young men and women on the path of self-                                                              
esteem and success.                                                                                                             
                                                                                                                                
GENERAL OATES stated that the Air Guard is taking steps to assume                                                               
the air sovereignty mission of Alaska, NORAD [North American Air                                                                
Defense Command], and that the guard will take over the                                                                         
responsibility for Alaska's air defense from the active forces.  He                                                             
noted that this is a significant responsibility.                                                                                
                                                                                                                                
GENERAL OATES reported that he has taken over the space command                                                                 
mission at the Clear Air Station which will bring jobs and                                                                      
technology to the state.  He said the Air Guard also participates                                                               
in war plans in the Pacific and commands and controls the air                                                                   
bridge as it flows through Alaska to the Pacific, most notably to                                                               
Korea.  Our nation has entrusted Alaska's National Guard with the                                                               
flow of air forces to any theater in the Pacific which is another                                                               
significant responsibility.                                                                                                     
                                                                                                                                
Number 0200                                                                                                                     
                                                                                                                                
GENERAL OATES noted that the search and rescue missions by the Air                                                              
National Guard, Army, and Coast Guard averages one life saved per                                                               
day and, should the United States go to war, that they would be                                                                 
great search and rescue pallets for downed airmen.  General Oates                                                               
stated, "On the Army side, we have Army forces here in 84 locations                                                             
in this state.  What a great way to reach the citizens of this                                                                  
state whether it is to establish educational programs, whether it's                                                             
to establish role models, or whether it's to establish the                                                                      
structure of discipline that we need in our society.  So, we have                                                               
that role that also touches on the emergencies that might occur in                                                              
remote Alaska.  And we need to renew our efforts to push back out                                                               
into rural Alaska - our numbers and our strength have gone down in                                                              
rural Alaska and that's an effort we will take."                                                                                
                                                                                                                                
GENERAL OATES pointed out that the Army will have a role in                                                                     
national missile defense because Alaska is the only location where                                                              
they could protect all 50 states.  He said, "And when that comes,                                                               
our role of homeland defense fits exactly with air sovereignty,                                                                 
with national missile defense, with emergency preparations, with                                                                
weapons of mass destruction and the preparation to deal with that."                                                             
                                                                                                                                
GENERAL OATES explained that the guard plays a big role in drug                                                                 
suppression by providing support whether it's with a helicopter, C-                                                             
130 aircraft, night-vision goggles, or radios.  He remarked that                                                                
the guard doesn't conduct the raids, but provides support and                                                                   
equipment, and passes on information to the many federal agencies                                                               
that are involved.  General Oates said, "When our success goes up,                                                              
crime rates go down, so, again, what a great impact that has on our                                                             
state.  So when you look at all those things that we do, our                                                                    
workforce of 4,400 people, the amount of dollars we bring in, what                                                              
we do for the state, this job is not about wearing these stars,                                                                 
this job is about service to those people and to this state."                                                                   
                                                                                                                                
Number 0263                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked General Oates if he was recently                                                                   
promoted to General.                                                                                                            
                                                                                                                                
GENERAL OATES responded that he was frocked to Brigadier General,                                                               
in other words he is wearing the promotion because of his duty                                                                  
requirements before actually receiving the promotion and is                                                                     
currently being paid as a Colonel.                                                                                              
                                                                                                                                
REPRESENTATIVE COGHILL noted that the Army and National Guard                                                                   
facilities also share some of the deferred maintenance program                                                                  
problems.                                                                                                                       
                                                                                                                                
GENERAL OATES replied that there are advantages because the                                                                     
department receives significant federal dollars and that they have                                                              
to make sure that those facilities meet state and federal needs.                                                                
The guard receives federal assistance for operations and                                                                        
maintenance at a 75 percent federal share and a 25 percent state                                                                
responsibility which changes at times due to the types of the                                                                   
facilities.  General Oates said that the Department of Military and                                                             
Veterans Affairs plans on building new facilities which are more                                                                
energy efficient and will pay for themselves over the long-term                                                                 
with reduced utilities.  The department will also be looking for a                                                              
smarter use of their facilities and will be tearing down old                                                                    
facilities that are no longer being used.  He said that they will                                                               
be looking at the maintenance contracts for those facilities.                                                                   
                                                                                                                                
Number 0303                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked if the volunteer's payroll is                                                                      
primarily the state's responsibility and if federal money comes                                                                 
with that as well.                                                                                                              
                                                                                                                                
GENERAL OATES replied that most of the payroll is federally-funded                                                              
and that the state's portion is very small.  Full-time guardsmen                                                                
(active guard - reserve) and part-time guardsmen (serve for a                                                                   
period of days each year), and civilians (government employees) are                                                             
all federally paid.                                                                                                             
                                                                                                                                
GENERAL OATES noted that state funding includes the DMVA functions                                                              
which have a state role.  For example the commissioner, the                                                                     
director and staff for the Division of Emergency Services, and the                                                              
director of the Office of Veterans Affairs are state-funded                                                                     
positions.  He said, "Of those 4,400 positions, the vast majority                                                               
of them are federally-funded, so for that $8 million that we                                                                    
invest, we bring in 160 total impact on the state."                                                                             
                                                                                                                                
CHAIR JAMES asked when the space command mission at Clear Air Force                                                             
Base will begin.                                                                                                                
                                                                                                                                
GENERAL OATES replied that he can't answer a time frame but is                                                                  
optimistic that Alaska has a great chance of getting the mission                                                                
because the initiative came from the U.S. Space Command.  He said,                                                              
"We sent our officers down to a U.S. Space Command, in fact we've                                                               
got a liaison officer that works with them on a full-time basis and                                                             
are trying to get two more positions for both this mission of the                                                               
space command and the missile defense mission when it comes."                                                                   
                                                                                                                                
Number 0361                                                                                                                     
                                                                                                                                
GENERAL OATES pointed out that missions can be transferred such as                                                              
air sovereignty, the mission at Clear, or ballistic missile                                                                     
defenses - which the active military is trying to divest itself of                                                              
those.  He said, "If you will give us the resources to do it, we'll                                                             
be happy to do it, but if you don't give us the resources we can't                                                              
afford to do it."                                                                                                               
                                                                                                                                
CHAIR JAMES mentioned that the people in Clear and Anderson are                                                                 
excited about the mission because it will bring stability to those                                                              
communities.                                                                                                                    
                                                                                                                                
GENERAL OATES agreed.                                                                                                           
                                                                                                                                
GENERAL OATES mentioned that they recently spoke to the Secretary                                                               
of Defense about BRAC [Base Realignment and Closure].  General                                                                  
Oates said, "The Department of Defense feels it needs to be able to                                                             
adequately fund its modernization programs, in other words, to                                                                  
close down infrastructure and put money into modernization.  And we                                                             
talked about BRAC and its impact on Alaska - and the question was                                                               
about the procedures that will be followed if we do go through a                                                                
BRAC in the future, which I think we probably will at some point in                                                             
time.  But, I also think all of Alaska's installations should be                                                                
protected and so a big part of my job is to make sure that we have                                                              
the integration of the active forces and our reserve forces of the                                                              
National Guard to make us an integrated team that shows our value                                                               
to the nation."                                                                                                                 
                                                                                                                                
GENERAL OATES continued, "And I argued to the Secretary that when                                                               
you look at BRAC, the model that you build must address not only                                                                
efficiency, where you can do it the cheapest, but most importantly                                                              
it should address effectiveness where you can do it the best.  And                                                              
when you look at Alaska, our strategic location, the training                                                                   
opportunities that we have here, the dollars that have been put in                                                              
our infrastructure on the training-side and the installation-side,                                                              
and the very very strong community support, and our growing ability                                                             
to do experimentation here in Alaska, of this new force that's                                                                  
being built, I said, 'If you put in your model effectiveness,                                                                   
Alaska will do very well in any round of BRAC.'  So I see a big                                                                 
part of my job is sending that message very very clearly, if and                                                                
when a BRAC effort comes in the future."                                                                                        
                                                                                                                                
CHAIR JAMES complemented General Oates on doing a good job in                                                                   
explaining his position on the issues.                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL moved to forward the confirmation of                                                                     
Adjutant General Oates, Commissioner, Department of Military and                                                                
Veterans Affairs.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
CHAIR JAMES announced that Colonel Cannelos is before the committee                                                             
for his confirmation.                                                                                                           
                                                                                                                                
Number 0431                                                                                                                     
                                                                                                                                
GEORGE CANNELOS, Colonel, Alaska Air National Guard, Department of                                                              
Military and Veterans Affairs, said he was originally in the Navy                                                               
and served 75 missions in North Vietnam, went to graduate school                                                                
and received a master's degree in regional planning, came to Alaska                                                             
in 1975 and has been here since.                                                                                                
                                                                                                                                
COLONEL CANNELOS stated that he was hired by the Department of                                                                  
Community and Regional Affairs and lived in Juneau for two years.                                                               
When he moved to Anchorage he discovered the Air National Guard and                                                             
flew for them until last year.  He mentioned that he was able to                                                                
balance his civilian career with his military career and was                                                                    
fortunate to lead our forces over Somalia in 1992, commanded the                                                                
airlift squadron in 1994, and less than three years ago was offered                                                             
a position in the full-time force of the guard as the director of                                                               
operations and then chief of staff and is now being offered this                                                                
position.  Colonel Cannelos stated that, "This is an incredible                                                                 
opportunity.  I'm somewhat spiritual in that you want to do things                                                              
for the right reasons, that's very important, and I believe in                                                                  
public service and I believe in public trust."                                                                                  
                                                                                                                                
COLONEL CANNELOS distributed an article and said that the guard is                                                              
blessed with almost 2,000 highly educated and technically trained                                                               
volunteers, two-thirds of which (traditional guardsmen) have to                                                                 
balance their families, employers, and their military career.                                                                   
Colonel Cannelos said he wants to do the job and serve and believes                                                             
that he can do it well.                                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL said that he has a great respect for airmen,                                                             
and for the many men and women who have worked in the Air National                                                              
Guard.  He asked Colonel Cannelos to explain the global positioning                                                             
strategy for the Air National Guard and the collective bargaining                                                               
of the full-time guardsmen for a better understanding of it.                                                                    
                                                                                                                                
Number 0487                                                                                                                     
                                                                                                                                
COLONEL CANNELOS explained that the Air National Guard has been                                                                 
very careful over the years to develop a strong partnership with                                                                
the Air Force and that they have been mutually reciprocal.                                                                      
Airlift, rescue, and air refueling missions directly contribute to                                                              
what the Air Force does in the state every day.  For example, they                                                              
can't do the "Cope Thunder" exercises without the guard's tankers,                                                              
they can't do their fighter exercises without the guard's combat                                                                
rescue forces, and they can't do their "Global Reach, Global Power"                                                             
without our airlift forces.  Colonel Cannelos remarked that that's                                                              
a very strong partnership.                                                                                                      
                                                                                                                                
COLONEL CANNELOS pointed out that the Air Force is moving quickly                                                               
with the "air expeditionary force" concept in which Elemendorf is                                                               
taking one of the lead roles.  The 11th Air Force generates a slide                                                             
monthly which compares how busy the air squadrons are in Alaska and                                                             
that our three flying squadrons are right up there with the top of                                                              
the Air Force every month even though they do it on a part-time                                                                 
basis.  He said Alaska is fortunate with our strategic position and                                                             
that we're going to be vital no matter what role the Department of                                                              
Defense plays.                                                                                                                  
                                                                                                                                
COLONEL CANNELOS remarked who would have thought there would be                                                                 
unions in the military - but the guard is commanded by the governor                                                             
of each state.  He said the Association of Civilian Technicians                                                                 
Union is very active and provides a valuable service.  The union                                                                
has brought things to their attention that the leaders should have                                                              
known.  Colonel Cannelos said he chairs a labor-partnership which                                                               
meets monthly to discuss candidly the issues facing the bargaining                                                              
unit, who represent less than 20 percent of the force, but none-                                                                
the-less have a great deal to say and mutually try to work out the                                                              
issues.                                                                                                                         
                                                                                                                                
Number 0540                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL addressed the mission of refueling.  He                                                                  
asked how do we get those tankers, who pays for them, and do we                                                                 
need to get more.                                                                                                               
                                                                                                                                
COLONEL CANNELOS responded that there is a need for more tankers                                                                
because the unit is vital to a 24-hour-a-day alert operation in                                                                 
which many are classified and that there are not enough tankers to                                                              
go around.  The Air Guard has not turned down any of the vital                                                                  
missions but have turned down ancillary requests throughout the                                                                 
theater force.  Other units will have to give up their tankers and                                                              
it may be that in the next few years, through the BRAC process,                                                                 
that that will happen.  He said that the unit has made incredible                                                               
strides to bolster its credibility, and the guard will be                                                                       
responsible for the air bridge should it kick off over Alaska.                                                                  
                                                                                                                                
COLONEL CANNELOS also mentioned that bombers and forces have been                                                               
building up in Asia and many of those have reached Asia by                                                                      
overflying Alaska.  Colonel Cannelos concluded that, "And it's our                                                              
tankers that have planned those flights, launched those flights,                                                                
and refueled those aircraft on the way.  We are the only guard unit                                                             
in the country with launch and execution approval whenever fighter                                                              
aircraft are moved around Alaska and over the North Pacific.  So                                                                
it's an effort of bolstering in our credibility and working the                                                                 
political process to get those tankers."                                                                                        
                                                                                                                                
REPRESENTATIVE COGHILL said that he understood the tankers are Air                                                              
Force property.                                                                                                                 
                                                                                                                                
COLONEL CANNELOS responded that the tankers belong to the Alaska                                                                
National Guard and that their missions are for the Air Force.                                                                   
                                                                                                                                
Number 0580                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY moved to forward the confirmation of Colonel                                                             
Cannelos, Alaska Air National Guard, Department of Military and                                                                 
Veterans Affairs, There being no objection, it was so ordered.                                                                  
                                                                                                                                
HB 112-ESTABLISH ALASKA PUBLIC BUILDING FUND                                                                                    
HB 122-STATE OWNERSHIP OF OFFICE BUILDINGS                                                                                      
                                                                                                                                
Number 0587                                                                                                                     
                                                                                                                                
CHAIR JAMES, presented HB 112, "An Act establishing the Alaska                                                                  
public building fund; and providing for an effective date," and HB
122, "An Act excluding buildings used primarily for office space                                                                
from the Housing Project and Public Building Assistance Act,                                                                    
restricting state ownership of buildings used primarily for office                                                              
space, and providing for the disposal of state ownership interests                                                              
in certain state buildings used primarily for office space; and                                                                 
providing for an effective date."                                                                                               
                                                                                                                                
CHAIR JAMES sated that HB 112 (Plan A) and HB 122 (Plan B) will be                                                              
addressed together.  She said HB 112 establishes an Alaska building                                                             
fund wherein agencies would pay rent and that the accumulated funds                                                             
would help meet the state facilities' needs.  She noted that HB 112                                                             
is the preferred alternative.  House Bill 122 would require the                                                                 
state to divest itself of (indisc.--paper shuffling) spaces by                                                                  
selling them to the private sector and then leasing them back.                                                                  
Plan B is, if we can't take care of the buildings let's sell them.                                                              
                                                                                                                                
Number 0609                                                                                                                     
                                                                                                                                
KEITH GERKEN, Architect, Facilities, Division of General Services,                                                              
Department of Administration(DOA), said the department discussed                                                                
structural changes in the way they managed state buildings and                                                                  
space.  The department also tried to create a businesslike                                                                      
computation of what the cost of buildings ought to be.                                                                          
                                                                                                                                
MR. GERKEN stated that HB 112 simply creates a fund in the general                                                              
fund which makes accounting easier.  It also allows the state to                                                                
have somewhat of a "sinking fund" for the replacement of roofs and                                                              
major equipment because the fund can be accumulated and can then be                                                             
appropriated by the legislature for capital projects.  Mr. Gerken                                                               
indicated that it is very difficult to collect, in 12 months, the                                                               
money to both pay the electric bill, put on a new roof, and get                                                                 
that spent before it disappears in a new fiscal year.                                                                           
                                                                                                                                
Number 0651                                                                                                                     
                                                                                                                                
MR. GERKEN said, if you charge an agency for space, they could pass                                                             
that onto the federal program or to their user fee base that                                                                    
supports that program.  Mr. Gerken stated, "What we believe is that                                                             
a great deal of the initial money, which we would suggest to be                                                                 
included in rent actually can be found in the leveraging of non-                                                                
general fund and fund sources.  Federal programs, and non-general                                                               
funded programs currently don't pay any rent ... and would be able                                                              
to pass that cost along to their program effectively to generate a                                                              
good deal of the money that's not now being spent."                                                                             
                                                                                                                                
MR. GERKEN said the Department of Administration believes 'renewal                                                              
and replacement or depreciation,' is missing in today's                                                                         
expenditures for state-owned facilities.  And, the things that can                                                              
easily be put off are the missing ingredients.  He stated, "In our                                                              
discussions of a rental rate, what we've done to try to account for                                                             
that is we're actually using depreciation.  We've established a                                                                 
depreciable basis for eight state-owned buildings, based upon their                                                             
replacement cost, and then we have taken the life expectancy of                                                                 
those buildings and factored that into a rental rate.  It makes a                                                               
significant difference, it raises what is now being paid and gives                                                              
you those dollars - now to go back and do that replacement."                                                                    
                                                                                                                                
MR. GERKEN remarked that HB 122 gets you to thinking about "do you                                                              
own or do you rent."  He said the average lease statewide is                                                                    
between $1.70 and $1.75 and at the shortest are three years, and up                                                             
to five to ten years or longer.  He mentioned the state also has a                                                              
lot of leases that are 10 to 15 years old, and that about half of                                                               
the leases are based in Anchorage.  Mr. Gerken said it was a very                                                               
good market within the last decade or more, however, it changed a                                                               
lot in the last couple of years and is getting back to where they                                                               
were in the early days.  So we've got an average lease rate that's                                                              
lower than a market rate right now which is a good deal for us but,                                                             
over time that's going to change.  He pointed out that the average                                                              
Anchorage lease right now is about $l.60 and the current market                                                                 
rate is $2.00 or more.  Mr. Gerken said, "We just had some                                                                      
appraisals done for space which we leased private tenants in the                                                                
Bank of America Building and its $2.10 is what the market rate is                                                               
today."                                                                                                                         
                                                                                                                                
Number 0701                                                                                                                     
                                                                                                                                
MR. GERKEN further stated that the eight buildings have                                                                         
approximately 575 thousand useable square feet in them.  The state                                                              
is currently spending approximately $4.3 million on them which                                                                  
translates into a rental rate of about 64 cents a square foot -                                                                 
which is close to half of what the market rates are today.  He said                                                             
that the amount spent doesn't include all the things that the state                                                             
ought to be spending.  Mr. Gerken stated, "As I said before, we're                                                              
missing that depreciation (indisc.--paper shuffling).  And if you                                                               
add in depreciation on the way we looked at it - we've got a                                                                    
depreciable basis in those buildings of about $47.5 million based                                                               
upon the way we approached that ... but those eight buildings have                                                              
a depreciable base of about $47.5 million.  And, if you put that                                                                
$47.5 million back into the rental rate, that rental rate goes to                                                               
about 93 cents.  And, I think that more actively reflects closer to                                                             
an apples and apples comparison of owning versus leasing."  Mr.                                                                 
Gerken remarked that the public sector is always going to have some                                                             
advantages because the cost of capital to government is a lot less                                                              
and the private sector will never be able to beat that.                                                                         
                                                                                                                                
TAPE 99-13, SIDE B                                                                                                              
                                                                                                                                
Number 0001                                                                                                                     
                                                                                                                                
MR. GERKEN said Alaska is not the only state in this position.  A                                                               
number of states have rental rates that make agencies pay, a number                                                             
of states also have a fund which manages those dollars.  For                                                                    
example, the Texas legislature passed a resolution which prohibits                                                              
non-state-funded programs from occupying state-owned space.  In                                                                 
other words, they mandated that the federally-funded programs move                                                              
out to less-expensive space.  Mr. Gerken said, "They're essentially                                                             
saving state dollars by using their own space as the place to put                                                               
those agencies, which they can pay for most directly."                                                                          
                                                                                                                                
CHAIR JAMES asked what the cost would be if you had a payment                                                                   
(indisc.) your taxes.                                                                                                           
                                                                                                                                
MR. GERKEN replied that came up as an issue in the bill which                                                                   
authorized the purchase of the Bank of America Building because we                                                              
were taking that (indisc.) off the tax roles and that the state                                                                 
pays half the property taxes because it is decreasing, but it is                                                                
based upon the percentage of private leaseholds in the building.                                                                
It was approximately half last year, and is about 40 percent this                                                               
year, and will drop off significantly, eventually the state won't                                                               
have to pay taxes.                                                                                                              
                                                                                                                                
CHAIR JAMES said that she believes there are too many pieces of                                                                 
property that are off the local tax roles, for example local police                                                             
and fire departments, however, she doesn't have a problem with                                                                  
excluding churches.  Chair James asked Mr. Gerken if there are                                                                  
private tenants in other state-owned buildings.                                                                                 
                                                                                                                                
MR. GERKEN replied that the Court Plaza Building in Juneau was                                                                  
purchased approximately five years ago came with private tenants.                                                               
The rule has generally been, that for tax-exempt public financing,                                                              
you are required to have 90 percent of the space occupied by public                                                             
entities.  Part of the sale agreement was that the prior owner                                                                  
reduce the private tenant down below that level, which they did.                                                                
There are currently three or four private tenants which have valid                                                              
existing leases in the Court Plaza Building.  Mr. Gerken said it                                                                
his assumption that, as those expire, the private tenants most                                                                  
likely will not renew their leases and the space will be available                                                              
for state agencies.  He said this is the same approach that exists                                                              
in the Bank of America Building.                                                                                                
                                                                                                                                
CHAIR JAMES said that it seems to her that taxes should be paid for                                                             
that space because of unfair competition.  She mentioned that this                                                              
is not addressed in HB 122 because it is a separate issue.  She                                                                 
said she noticed that the State Office Building in Juneau has                                                                   
broken tiles and cracks in the cement and that it is her goal to be                                                             
sure that the state maintains its buildings.  Chair James said that                                                             
she likes the idea of the state paying rent and having the fund                                                                 
which can be appropriated for maintenance projects.                                                                             
                                                                                                                                
Number 0157                                                                                                                     
                                                                                                                                
ROD WILSON, Architect, Engineering Division, Department of                                                                      
Transportation and Public Facilities (DOT/PF), said that DOT/PF is                                                              
supportive of the funding mechanism.  He referred to a no-                                                                      
maintenance pilot project that occurred in Nome in 1996 through                                                                 
1997 in which four agencies combined their forces.  If a building                                                               
went down, another worker from another agency could take care of                                                                
that facility.                                                                                                                  
                                                                                                                                
MR. WILSON stated that the Department of Military and Veterans                                                                  
Affairs (DMVA) said, "Ok, we're going to become the accountants for                                                             
all the agencies out there, and we'll go through all these RSA                                                                  
gymnastics, and all this money will come into one pot, and then all                                                             
these agencies will be able to build against that one pot."  Mr.                                                                
Wilson said he believes the effort began in March or April of 1997                                                              
with the understanding that would be in place by July 1, 1997 (when                                                             
DOT/PF wanted to kick off the field portion of this program).                                                                   
However, it turned out to be difficult to put together.  DOT/PF did                                                             
not receive their first access computer run, on how well they were                                                              
doing, until December 1997.  Mr. Wilson explained that it wasn't                                                                
that the people weren't trying, it died because of accounting                                                                   
technicalities, not of what occurred in the field.                                                                              
                                                                                                                                
MR. WILSON noted that the field operations were just beginning to                                                               
show of the pay-back and that option A [HB 112] would have                                                                      
incredibly streamlined the effort in Nome.  Everybody that was                                                                  
involved said, "Hey, from a practical standpoint this is the way to                                                             
do business."  Unfortunately, in June of 1998, the program had to                                                               
be curtailed because DMVA's federal funding mechanism, and due to                                                               
the risk of forfeiture of federal dollars, they had to step out of                                                              
the program (DMVA can only do pilot programs for 12 months at a                                                                 
time).  Mr. Wilson said that there's no question in his mind that                                                               
DMVA is the premiere M&O [maintenance and operations] agency in the                                                             
state.  When DOT/PF lost them, the consensus of the group was that                                                              
it wasn't viable for the three remaining agencies to even attempt                                                               
to go on.                                                                                                                       
                                                                                                                                
Number 0234                                                                                                                     
                                                                                                                                
MR. WILSON further stated that he pulled numbers together for                                                                   
option B [HB 122], and referred to it as "surplus funding from                                                                  
DOT/PF" because DOT/PF primarily runs the maintenance and                                                                       
operations of the state's facilities.  The Bank of America                                                                      
Building, which probably comprises of approximately 50 percent of                                                               
the square footage which Mr. Gerken was talking about, is not                                                                   
within the DOT/PF numbers but it gives the same kind of general                                                                 
consequence.  Mr. Wilson said, "We looked at 29 facilities that we                                                              
believe statewide would capture the content of your option B, the                                                               
applicable square footage is about 850,000 square feet which is                                                                 
about 27 percent of the total square footage that DOT/PF manages.                                                               
... These were very quick ballpark kinds of figures, but I think                                                                
you're looking at somewhere in the neighborhood of about $4.2                                                                   
million of maintenance and operation costs that are associated with                                                             
that square footage.  That works out somewhere in the neighborhood                                                              
of around 46 cents a square foot. Keith [Mr. Gerken] mentioned 62                                                               
cents a square foot in his costs.  One of the things that I did get                                                             
back from these folks is the cost of the maintenance and the                                                                    
operations.  Keith's numbers also include some overhead costs and                                                               
what not."                                                                                                                      
                                                                                                                                
MR. WILSON stated while the replacement value on the 29 buildings                                                               
on inventory totals approximately $145 million, the applicable age                                                              
of these buildings averages about 1972 vintage which makes them 27                                                              
years old and are not going to be the hot commodity on the market                                                               
should the state sell them.  In fact, some of these buildings are                                                               
probably in the category of, "when we build a new building, some of                                                             
the old buildings should come down."  For example, the Griffin                                                                  
Building in Kodiak was built in 1939 and is 60 years old, however,                                                              
the state can't do without its 7,200 square feet.  He said that                                                                 
it's common to find building that are 40, 50, or 60 years old which                                                             
the state is continuing to maintain.                                                                                            
                                                                                                                                
CHAIR JAMES mentioned that she introduced legislation to deal with                                                              
the deferred maintenance issue and wasn't able to get the                                                                       
legislation passed.                                                                                                             
                                                                                                                                
Number 0322                                                                                                                     
                                                                                                                                
DEVON MITCHELL, Accounting Debt Manager, Treasury Division,                                                                     
Department of Revenue, stated that HB 122, in as much as it                                                                     
requires the sale of buildings, there are currently outstanding                                                                 
leases on both the Court Plaza Building ( which will be near being                                                              
paid off), and the Anchorage Times Building.  He indicated that he                                                              
is not sure how the Anchorage Times Building would fit under the                                                                
definition because it has approximately seven years left of                                                                     
payments and does not fit within time parameters.                                                                               
                                                                                                                                
MR. MITCHELL noted that the statute, which authorized the purchase                                                              
of the Bank of America Building, which is currently owned by Alaska                                                             
Housing Finance Corporation (AHFC), outlines the plan of finance                                                                
through the state bond committee issuing (indisc.) bonds once it                                                                
reaches the 90 percent threshold level of occupancy.  He said,                                                                  
"There is also a question of how that legislation would enact with                                                              
this if it was required to sell all state office buildings - that                                                               
the AHFC has the capability to continue ownership, or if they would                                                             
in fact have to sell that building."                                                                                            
                                                                                                                                
MR. MITCHELL referred to the authorization to the appropriation by                                                              
the Department of Administration and said that he is not sure if                                                                
the current definition allowed the payment of debt service and                                                                  
suggested the Department of Law verify that.  He indicated that it                                                              
could be added so that if there were excess funds available that                                                                
they could be utilized for that appropriation, if there is an                                                                   
outstanding lease, or there is an outstanding bond series, then                                                                 
there is an annual appropriation for that payment.                                                                              
                                                                                                                                
Number 0365                                                                                                                     
                                                                                                                                
CHAIR JAMES noted that she has thought about that issue.  She asked                                                             
if there is debt on the building, are the folks who are in the                                                                  
building going to be including the debt services.                                                                               
                                                                                                                                
MR. MITCHELL indicated that it could be included in the rent                                                                    
figure, however, it would change the budget request of the agency                                                               
that was requesting that particular building.  It could change the                                                              
lease payment for them from what they were currently paying.  He                                                                
noted that legislation wasn't introduced for these purchase                                                                     
agreements.                                                                                                                     
                                                                                                                                
CHAIR JAMES explained that she knew that there would be situations                                                              
that would be affected by the two-year time frame in HB 122 and                                                                 
that she didn't pursue that because she didn't believe HB 122 would                                                             
pass.  But if it did pass, part of the changes in HB 122 would be                                                               
(indisc.--background noise) of those specific buildings that could                                                              
be sold within the two-year time frame.                                                                                         
                                                                                                                                
REPRESENTATIVE WHITAKER said he doesn't understand why a fiscal                                                                 
note isn't attached to HB 112.                                                                                                  
                                                                                                                                
Number 0413                                                                                                                     
                                                                                                                                
ALISON ELGEE, Deputy Commissioner, Department of Administration,                                                                
testified that HB 112 simply sets up the fund and does not require                                                              
the expenditure of monies.  She said, "In looking at the                                                                        
operations, as Chair James explained, we would initially look at                                                                
establishing a rental base around existing dollars - leveraging                                                                 
those other funds that would be available to us for that purpose.                                                               
There could easily, down the road, be the need for expanded funding                                                             
if we are in fact going to properly maintain buildings.  But the                                                                
legislation you have before you does not require us to spend more                                                               
than we are spending today and gives us the advantage of leveraging                                                             
other funds to improve that maintenance position."                                                                              
                                                                                                                                
REPRESENTATIVE WHITAKER remarked that he understands leveraging but                                                             
doesn't know that it is applicable to this situation.                                                                           
                                                                                                                                
MS. ELGEE stated that there are a number of agencies occupying                                                                  
state-owned space which are funded by fund sources other than                                                                   
general funds.  She further stated, "Alternatively we fund the                                                                  
maintenance of state-owned buildings through the Department of                                                                  
Transportation [and Public Facilities] and their maintenance budget                                                             
is all general funds.  So, if we were to establish a rental basis,                                                              
and an ability to capture those rents, to then put back into the                                                                
operations and maintenance of the buildings, we would charge each                                                               
program based on its underlined fund source.  And, one of my                                                                    
favorite examples is in the State Office Building.  Most of the                                                                 
sixth floor is occupied by the Division of Retirement and Benefits.                                                             
Their operations are funded entirely from the trust and benefit                                                                 
funds that they administer and support.  If we were to charge rent,                                                             
approximately 14,000 that they occupy, we would be able to pass the                                                             
cost of that space onto the retirement funds as a part of their                                                                 
operating cost and therefore, increase the pool of monies available                                                             
to us for the maintenance and operations of the State Office                                                                    
Building."                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER indicated that it's not a question of                                                                   
redistributing existing dollars, it's a question of infusing new                                                                
dollars from an outside source.                                                                                                 
                                                                                                                                
Number 0449                                                                                                                     
                                                                                                                                
MS. ELGEE pointed out that there are two aspects to this.  She                                                                  
stated that, in some cases our federally-funded programs are capped                                                             
and the state has a limited number of federal dollars that are                                                                  
available for whatever those program operations are.  In other                                                                  
cases, the federal dollars will increase as expenditures increase.                                                              
So, in the cases where we've got programs that are capped in terms                                                              
of the other funds that are available to them, we will have to make                                                             
some choices about whether or not to reallocate those federal                                                                   
dollars from program operations to maintenance operations, or                                                                   
whether we should be supplementing those program-costs with the                                                                 
general fund.                                                                                                                   
                                                                                                                                
CHAIR JAMES asked if that automatically allows you to charge rent.                                                              
Or would the legislature have to statutorily give the Department of                                                             
Administration that authority, or would we want to statutorily                                                                  
mandate that.                                                                                                                   
                                                                                                                                
MS. ELGEE responded that the Department of Administration presently                                                             
has the ability to charge rent, however, there is no purpose in                                                                 
charging rent because there currently isn't a collection mechanism                                                              
for it.  She stated that, "Most of the rules that surround the                                                                  
structure, of this kind of an approach, are at the federal level                                                                
and we have to take any kind of an internal service fund approach                                                               
... back to the Department of Health and Human Services at the                                                                  
federal level for approval of the rental rate structure, or                                                                     
whatever the charge-back mechanism is that you are talking about.                                                               
The federal government is very concerned that, in establishing                                                                  
these kinds of mechanisms, that all programs be treated equitably                                                               
and that states not make an effort to shove costs                                                                               
disproportionately to the federal programs."                                                                                    
                                                                                                                                
CHAIR JAMES said that other agencies which are not federally-funded                                                             
would have to pay the same applicable calculation of rent for their                                                             
space as someone who is federally-funded.  That it would have to be                                                             
a calculation based on the value of the building - the value of the                                                             
space, and the cost maintaining it.                                                                                             
                                                                                                                                
Number 0488                                                                                                                     
                                                                                                                                
MS. ELGEE agreed.  She stated that there is quite a bit of work in                                                              
terms of trying to split up the money that is in DOT/PF - to put it                                                             
in the agencies and then recapture it.  And in setting up that                                                                  
aspect of it, without that being created, we have no ability to                                                                 
realize the real benefits of going through that administrative                                                                  
process in being able to retain the monies that would be - that                                                                 
depreciation piece that Keith [Gerken] spoke to that would allow us                                                             
to do the adequate renewal and replacement in major maintenance                                                                 
projects.                                                                                                                       
                                                                                                                                
CHAIR JAMES said she believes that statutory delineation would be                                                               
needed which would be very difficult to do through the budget                                                                   
process.                                                                                                                        
                                                                                                                                
MS. ELGEE said that would be done through the appropriation                                                                     
mechanisms.  Once the internal service fund is set up the remaining                                                             
activity really operates through the budget side.                                                                               
                                                                                                                                
REPRESENTATIVE KERTTULA said, "The problem I'm having with this is                                                              
that it's (indisc.) money, maintenance isn't happening.  And, is it                                                             
just because you're going to be creating a fund, you're going to                                                                
see where it all goes, you're going to see how much cost; is that                                                               
the main reason that you think this will work better."                                                                          
                                                                                                                                
Number 0510                                                                                                                     
                                                                                                                                
MS. ELGEE stated that there are several advantages to having a                                                                  
rental rate structure.  One advantage is that a rental rate                                                                     
structure makes program managers more conscious of the space they                                                               
utilize.  Currently, there is no incentive for them to reduce those                                                             
costs.  There is the opportunity to leverage other fund sources as                                                              
well as the ability to provide an ongoing mechanism to actually                                                                 
pool dollars for the major maintenance projects.  However, a roof                                                               
replacement, when it is needed can be quite expensive and competes                                                              
against a lot of other equally necessary projects.                                                                              
                                                                                                                                
MS. ELGEE stated that the internal service funds are similar to                                                                 
what is being proposed in HB 122 for public buildings.  The                                                                     
information services fund establishes rates for the support,                                                                    
telecommunications, and data processing operations of the state.                                                                
The department has about eight years of experience with that fund                                                               
and it has been very successful in providing an opportunity to                                                                  
recapture costs to depreciate equipment, to have a pool available                                                               
to provide monies for subsequent upgrades and expansion.                                                                        
                                                                                                                                
MS. ELGEE said, "Again, all of those things are subject to                                                                      
legislative appropriation.  And, the charge-back for data                                                                       
processing and telecommunication costs, you see in every agency's                                                               
budget as you review those and then you look again at the Division                                                              
of Information Services budget and their capital programs that are                                                              
proposed and use the internal service fund as a funding mechanism                                                               
for those things.  So the legislature has an opportunity, I think                                                               
to look at from both directions in that respect.  This is the same                                                              
design that we're looking at here.  The other fund that operates on                                                             
a similar basis is the highway working capital fund that supports                                                               
our state equipment fleet."                                                                                                     
                                                                                                                                
Number 0542                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY referred to the examples, from the Division                                                              
of Retirement and Benefits in being able to access part of their                                                                
funds for rentals, operation maintenance, and so on.  In years past                                                             
there have been attempts to leverage those retirement funds, to                                                                 
which the board reacted to that.  He didn't see the mechanism in HB
112 that would allow for that kind of leveraging.                                                                               
                                                                                                                                
MS. ELGEE noted that she works with the Division of Retirement and                                                              
Benefits in the Department of Administration.  The department would                                                             
not suggest that trust funds be used in any way different from the                                                              
department would use monies from any other program.  The Division                                                               
of Retirement and Benefits would not be charged rent if no one else                                                             
was being charged rent.  However, when you have a mechanism that is                                                             
essentially common in its approach to every program regardless of                                                               
the fund source, then you have the ability to meet the objections                                                               
of any concern that you were treating the trust fund in some kind                                                               
of disproportionate way.  Ms. Elgee further stated that the                                                                     
Division of Retirement and Benefits currently (indisc.--coughing)                                                               
state-owned space.  If they were in lease today, they would be                                                                  
paying that cost.                                                                                                               
                                                                                                                                
CHAIR JAMES said that she believes HB 112 would provide the                                                                     
mechanism where we could get there from here.  With good thoughts,                                                              
good direction, and good accounting this can work.  And, maybe over                                                             
the long-term there will not be fighting over the deferred                                                                      
maintenance issue as in the last six years.                                                                                     
                                                                                                                                
Number 0590                                                                                                                     
                                                                                                                                
CHAIR JAMES concluded that she is very supportive of HB 112,                                                                    
however, HB 122 is just sending a message that if facilities cannot                                                             
be maintained then those facilities should be sold.                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL moved to report HB 112 out of committee with                                                             
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE WHITAKER objected.  He believed HB 112 it is a good                                                              
idea, however, there may be more of an effect on the agencies                                                                   
involved.  He also indicated there is a possibility of starting a                                                               
bidding war between the state and the private sector.                                                                           
                                                                                                                                
MS. ELGEE recognized the possibility of a bidding war as a fair                                                                 
concern.  Establishing a public building fund is merely one more                                                                
fund in the state statutes until the budget process can accommodate                                                             
that fund.  In terms of implemention, monies presently slated for                                                               
maintenance in DOT/PF would be dispersed to the agencies                                                                        
proportionate to the space the agency occupies.  The money                                                                      
collected from those bills would be placed into the public building                                                             
fund.                                                                                                                           
                                                                                                                                
Number 0639                                                                                                                     
                                                                                                                                
MS. ELGEE stated that as the legislators make their budget                                                                      
decisions, the expense of maintenance and any capital projects that                                                             
would be funded with this money would be reviewed.  The legislators                                                             
would also be reviewing the program operations, the space being                                                                 
occupying, and the rental rates as a part of the program expenses.                                                              
There is a great deal of administrative work involved in actually                                                               
implementing something like this through the budget process,                                                                    
furthermore, there is no value to it without the public building                                                                
fund being in place.  Therefore, the department decided to seek                                                                 
support of legislation which created the internal service fund                                                                  
mechanism before proceeding to the next step, the actual                                                                        
implemention of the program through the budget process.  Ms. Elgee                                                              
said, "If this legislation were to pass this year, it would be our                                                              
intent to have rental structures established and available for your                                                             
review and appropriation decisions next session."                                                                               
                                                                                                                                
Number 0657                                                                                                                     
                                                                                                                                
CHAIR JAMES pointed out one of the issues that wasn't considered,                                                               
in her previous legislation, was a separate line item for the                                                                   
physical part of deferred maintenance.  She said the problem that                                                               
they had with that is that there is only a small amount, and what                                                               
do you spend it on.  For example, the furnace in the Capitol                                                                    
Building has to be replaced in 20 years, and when that time is                                                                  
reached, you only have the annual allocation for maintenance                                                                    
operations.  So, the only way that you can be certain that the                                                                  
money will be there, is that a certain amount is put into a fund                                                                
which doesn't lapse.  In other words, when it needs to be replaced,                                                             
you allocate the funds money, it doesn't come out of the normal                                                                 
budgeting process.                                                                                                              
                                                                                                                                
CHAIR JAMES further stated, "The more consistent over time, that we                                                             
can do the budgeting process, the easier it's going to be for                                                                   
people to understand.  And the much easier it's going to be for us                                                              
to rationally see why we should spend a little bit more this year."                                                             
However, if you allocate ahead of time on a cost basis, then the                                                                
money is there when you need it for repairs.  The money doesn't                                                                 
lapse, it does have to be appropriated by the legislature, and it                                                               
doesn't effect the general fund so to speak - the ongoing general                                                               
fund that we look forward to having to meet our overall budget                                                                  
requirement.                                                                                                                    
                                                                                                                                
REPRESENTATIVE WHITAKER said that the goal is very clear, it is the                                                             
manner in which the goal is being approached.  It may be a chicken                                                              
and an egg.                                                                                                                     
                                                                                                                                
Number 0700                                                                                                                     
                                                                                                                                
CHAIR JAMES pointed out that this was part of the recommendation                                                                
from the Deferred Maintenance Task Force from last year.  She said                                                              
she agrees with Ms. Elgee that money can't be placed in this fund                                                               
without an appropriation.  Therefore, if the Department of                                                                      
Administration were to get this calculated, and come back with a                                                                
program that allocated rent for the various buildings, that would                                                               
be a line item next year.  She indicated that perhaps there should                                                              
be a statutory requirement for this calculation to be made.  Chair                                                              
James said, "I tend to agree with you, Representative Whitaker that                                                             
we need another (indisc.) piece here that says just exactly where                                                               
the money is going to come from to go into this fund that says that                                                             
during this period of time that the Administration shall determine                                                              
a rent program and bring it back for approval next year.  I think                                                               
that is a possibility as well, but I can see that it can be done                                                                
without that too."                                                                                                              
                                                                                                                                
Number 0716                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER expressed concern that once it is passed,                                                               
it becomes a matter of law.  At that point it would seem to be a                                                                
mandatory function of the budgetary process and the budget process                                                              
would dictate the mandates of the bill, the effect of which can                                                                 
remains unclear.  He reiterated his concern with the uncertainty of                                                             
where this is heading.                                                                                                          
                                                                                                                                
TAPE 99-14, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER added that the preliminary work relates to                                                              
buildings rather than departments and agencies.  He inquired as to                                                              
the effect on those.  He acknowledged that funds will have to be                                                                
transferred.  He asked, "What is the differential and where is that                                                             
money going to come from?  That's the sort of analysis that I would                                                             
like to see, because to make a decision without that is to hope                                                                 
that it turns out well."                                                                                                        
                                                                                                                                
REPRESENTATIVE KERTTULA stated that deferred maintenance is a                                                                   
problem and agreed that something must be done.  She recommended                                                                
that the costs be placed in at the beginning so that the costs for                                                              
the life of the building are known from the start.  What happens                                                                
when there is an older building that is going to need a lot more                                                                
maintenance and cost?  She inquired as to how that money would be                                                               
dispersed in a fair manner.                                                                                                     
                                                                                                                                
MR. GERKEN pointed out that HB 122 doesn't mandate any rent.                                                                    
                                                                                                                                
CHAIR JAMES agreed with Representative Whitaker that a fund should                                                              
not be set up, statutorily.  She noted that the Children's Trust                                                                
Fund was established years before money was in the fund.  When a                                                                
fund is created, the provision of how the money in placed in the                                                                
fund is not necessarily created simultaneously.                                                                                 
                                                                                                                                
Number 0061                                                                                                                     
                                                                                                                                
MR. GERKEN stated, "It clearly is our intention to try to implement                                                             
a rental fund, and agencies have been concerned about how does it                                                               
work, how does it impact them.  And, we could set up this fund and                                                              
charge rent, that is even less than we spend now, and have more                                                                 
deferred maintenance and agencies would make money on the deal.                                                                 
That we can charge tremendous rent..."                                                                                          
                                                                                                                                
CHAIR JAMES interjected, "I think you're probably right."                                                                       
                                                                                                                                
MR. GERKEN stated that, "We can charge a tremendous amount of rent                                                              
and accumulate a lot of cash in the fund, and drive them broke.  I                                                              
mean, the budget and the (indisc.) process is where those decisions                                                             
get made.  In terms of the theory, and Representative Kerttula's                                                                
question, the federal rules that we would need to operate under do                                                              
require the assessment of rent to be equitable, to be based on                                                                  
actual costs and to be trued up at the end of the year; if you                                                                  
spend less, your future rate goes down, if you spend more, your                                                                 
future rate goes up.  It's a very accurate accounting of what you                                                               
really do spend."                                                                                                               
                                                                                                                                
MR. GERKEN continued "But on the expenditure-side, when you're                                                                  
talking about capital investment you don't have to spend the dollar                                                             
that you collect on building A, on building B, you spend it where                                                               
the need is greatest and like any other capital expenditure that                                                                
also is a discussion that we had in a budget.  We envision this,                                                                
there'll be a certain amount of money from the fund which would be                                                              
the depreciation ... available for reinvestment in those facilities                                                             
and we would come with a list of the needs for those facilities.                                                                
The facilities in the pool, though, can share those and the                                                                     
legislature would authorize a certain amount per year, or a certain                                                             
amount per project, to be put back in based upon the                                                                            
recommendations that the DOA or DOT [/PF] would come back within                                                                
terms of the greatest need for those buildings.  A fair amount of                                                               
work has already been done on a lot of those through the lists that                                                             
have been put together for deferred maintenance backlog here in the                                                             
last couple of years.  So, we have a pretty good idea about what                                                                
some of those needs are right now."                                                                                             
                                                                                                                                
Number 0109                                                                                                                     
                                                                                                                                
CHAIR JAMES noted that rent is not going to serve needs on the                                                                  
deferred maintenance list.  There needs to be another infusion of                                                               
cash, because there is no way to catch up on all of the deferred                                                                
maintenance and this would only be for providing for future needs.                                                              
Nothing short of legislative appropriations in the capital budget                                                               
has seemed to work and that only takes place when the situation is                                                              
near a disaster.  For example, in some of the buildings she has                                                                 
visited in the rural areas water is coming down the inside walls.                                                               
Chair James said state employees should not have to work under such                                                             
circumstances.                                                                                                                  
                                                                                                                                
REPRESENTATIVE KERTTULA wondered if different rents would be                                                                    
charged to different agencies.                                                                                                  
                                                                                                                                
MR. GERKEN replied, no, the rule is that a building has a rate and                                                              
everyone in that building pays that rate.  However, he believes                                                                 
that if you have a totally generally funded program you could                                                                   
charge them more, because the federal rules are different.  The                                                                 
rate must based upon the actual costs associated with that                                                                      
building, both operating and depreciation costs.                                                                                
                                                                                                                                
Number 0167                                                                                                                     
                                                                                                                                
MS. ELGEE stated, "As we've looked at the ways to implement this,                                                               
we have always looked at it in the context of holding agencies                                                                  
harmless.  Agencies would not be asked to come up with rent money                                                               
that were not already available in their budget.  So the rental                                                                 
rates would be developed using the existing general fund dollars                                                                
and whatever we can anticipate in terms of expanded dollars by                                                                  
leveraging these other fund sources that we spoke of earlier.  What                                                             
happens after we set that all up, in terms of holding the agencies                                                              
harmless, really revolves around the decision that you as a body                                                                
make through the appropriation process."                                                                                        
                                                                                                                                
REPRESENTATIVE WHITAKER said there currently is a legislative                                                                   
process that could and should deal with deferred maintenance.  The                                                              
concern is that another opportunity is being created which does not                                                             
fund a very pressing need.  He expressed the need to deal with                                                                  
deferred maintenance.                                                                                                           
                                                                                                                                
REPRESENTATIVE OGAN reminded the committee of the motion on the                                                                 
floor.                                                                                                                          
                                                                                                                                
CHAIR JAMES said the committee can continue to object to the                                                                    
motion, or the motion can be removed.                                                                                           
                                                                                                                                
Number 0200                                                                                                                     
                                                                                                                                
UNIDENTIFIED SPEAKER removed his motion to (indisc.--fading).                                                                   
                                                                                                                                
REPRESENTATIVE OGAN remarked that maintenance is a problem and that                                                             
the Administration does what they want to do with the budget.  If                                                               
HB 112 mandated that something is used for maintenance he said he                                                               
would be more supportive of the concept.                                                                                        
                                                                                                                                
CHAIR JAMES pointed out that the system does not allow money to be                                                              
set aside for maintenance, and money cannot be set aside unless                                                                 
there is a place for it.  State agencies know they have to set                                                                  
money aside for maintenance, but they also have to convince the                                                                 
legislature that they need that capital expenditure.  It would be                                                               
easier if money was saved for a specific purpose in order to help                                                               
take the political side out of acquiring money when repairs are                                                                 
needed.  She noted that the idea of deferred maintenance as a                                                                   
natural problem of government occurring in every state.  She said,                                                              
"My goal is that when it needs painting, paint it."                                                                             
                                                                                                                                
CHAIR JAMES called an at-ease at 9:55 a.m. and called the meeting                                                               
back to order 9:56 a.m.                                                                                                         
                                                                                                                                
REPRESENTATIVE WHITAKER removed his objection.                                                                                  
                                                                                                                                
Number 0307                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL moved to report HB 112 out of committee with                                                             
individual recommendations and the accompanying zero fiscal note.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Number 0326                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY made a motion to move HB 122 from committee                                                              
with individual recommendation and attached zero fiscal note.                                                                   
                                                                                                                                
REPRESENTATIVE OGAN objected because HB 122 is a major change of                                                                
policy.                                                                                                                         
                                                                                                                                
REPRESENTATIVE SMALLEY supported moving HB 122 as a message.                                                                    
                                                                                                                                
Upon a roll call vote, Representatives Smalley, Kerttula, Whitaker                                                              
and James voted in favor of moving HB 122.  Representatives Ogan                                                                
and Coghill voted against it.  Therefore, HB 122 passed by a vote                                                               
of 4-2.                                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0349                                                                                                                     
                                                                                                                                
CHAIR JAMES adjourned the House State Affairs Standing Committee at                                                             
10:00 a.m.                                                                                                                      

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