Legislature(2003 - 2004)

02/02/2004 10:03 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                         February 02, 2004                                                                                    
                             10:03 AM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-04 # 4, Side A                                                                                                              
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Lyda Green convened the meeting at approximately 10:03 AM.                                                             
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Con Bunde, Vice Chair                                                                                                   
Senator Fred Dyson                                                                                                              
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
Senator Ben Stevens                                                                                                             
                                                                                                                                
Also Attending: CHERYL FRASCA, Director, Office of Management and                                                             
Budget, Office of the Governor; JOAN BROWN, Chief Budget Analyst,                                                               
Office of Management and Budget, Office of the Governor.                                                                        
                                                                                                                                
Attending via Teleconference:  There were no teleconference                                                                   
participants.                                                                                                                   
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 283-APPROP:  REVERSE 2003 CBR SWEEP                                                                                          
                                                                                                                                
The Committee heard from the Office of Management and Budget. The                                                               
bill was held in Committee.                                                                                                     
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 283                                                                                                        
     "An  Act making  an appropriation  to  reverse  the deposit  of                                                            
     money  available for appropriation  in the general fund  at the                                                            
     end of fiscal year  2003 into the constitutional budget reserve                                                            
     fund;  making  an  appropriation  under  art. IX,  sec.  17(c),                                                            
     Constitution  of the State of  Alaska, from the constitutional                                                             
     budget reserve fund; and providing for an effective date."                                                                 
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Green  noted the  purpose  of this  meeting  is to  gather                                                            
information on the accounts  that normally carryover from one fiscal                                                            
year to  the next, but  were not allocated  from the Constitutional                                                             
Budget Reserve  (CBR) Fund  by the legislature  during the  previous                                                            
session.                                                                                                                        
                                                                                                                                
CHERYL FRASCA, Director,  Office of Management and Budget overviewed                                                            
the sub-accounts that were  "swept". She reminded that at the end of                                                            
the previous  legislative  session, a number  of these sub-accounts                                                             
within  the general  fund were  swept into  the CBR  fund, and  that                                                            
historically   the  major  appropriation   legislation  contains   a                                                            
provision  to reverse  this  sweep  to restore  the  funds to  their                                                            
respective  sub-accounts.  She explained  such a  provision was  not                                                            
included in the FY 04 appropriation  legislation. She noted that the                                                            
FY  04 budget  legislation  contained  several  appropriations  that                                                            
relied on the availability  of these revenues for expenditure during                                                            
the fiscal year.                                                                                                                
                                                                                                                                
Ms. Frasca  informed that during the  previous summer she  contacted                                                            
the co-chairs  of the House  of Representatives  and Senate  Finance                                                            
Committees  to  garner  whether  the intent  was  to  implement  the                                                            
affected  programs for  the period  of time  before the legislature                                                             
reconvened   in  January,  as  stipulated   in  the  FY   04  budget                                                            
appropriation, and was  verbally instructed to continue the delivery                                                            
of services.                                                                                                                    
                                                                                                                                
Ms. Frasca  detailed a handout  titled "CBR  Sweep Summary  - DRAFT"                                                            
[copy on file]  listing the aforementioned  accounts. She  noted the                                                            
following four items did not require a reversal.                                                                                
                                                                                                                                
     FHWA Airspace leases                                                                                                       
     Amount Swept: $19,049                                                                                                      
     Minimum Reverse Amount: $0                                                                                                 
     Fall 2003 Potential Sweep Balance: $19,049                                                                                 
                                                                                                                                
Ms. Frasca  informed  that these  one-time revenues  were  initially                                                            
received  several years prior  and that the  funding source  was not                                                            
recurrent.                                                                                                                      
                                                                                                                                
     State Forestation Fund                                                                                                     
     Amount Swept: $194                                                                                                         
     Fall 2003 Potential Sweep Balance: $194                                                                                    
                                                                                                                                
Ms. Frasca noted  that in addition to the small dollar  amount, this                                                            
fund has not been accessed for several years.                                                                                   
                                                                                                                                
     AMHS [Alaska Marine Highway System] Replacement Fund                                                                       
     Amount Swept: $0                                                                                                           
     Fall 2003 Potential Sweep Balance: $0                                                                                      
                                                                                                                                
     Education Facility Maintenance/Construction Fund                                                                           
     Amount Swept: $0                                                                                                           
     Fall 2003 Potential Sweep Balance: $0                                                                                      
                                                                                                                                
Ms. Frasca  stated that because the  balance of the two accounts  is                                                            
zero, there is no need to reverse the funding.                                                                                  
                                                                                                                                
Ms. Frasca continued  outlining those items in which  a reversal was                                                            
necessary  to support  FY  04 appropriation  level  and future  year                                                            
spending as follows.                                                                                                            
                                                                                                                                
      Voc Rehab Small Business Enterprise Revolving Loan Fund                                                                   
     FY 04 Appropriation: $365,000                                                                                              
     FY 04 Revenue: $230,000                                                                                                    
     FY 04 Revenue Shortfall: $135,000                                                                                          
     Amount Swept: $121,587                                                                                                     
     Minimum Reverse Amount: $121,587                                                                                           
     Fall 2003 Potential Sweep Balance: $0                                                                                      
     Reversal of full amount will make the funding available to pay                                                             
     FY 05 costs and ease fund cash flow.                                                                                       
     If Revenue not equal to Appropriation: $13,413 Shortage does                                                               
     not appear to be a problem; actual expenditures are lower than                                                             
     authorization.                                                                                                             
                                                                                                                                
Ms. Frasca  told of proceeds from  vending machine facilities  to be                                                            
utilized  to  aid  blind  and severely   handicapped  licensees  who                                                            
operate the  vending machines. She  stated the balance of  this sub-                                                            
account  is  accumulated  to  allow for  larger  projects,  such  as                                                            
remodeling of  facilities. She said the specific funds  are intended                                                            
for construction at the Atwood Building.                                                                                        
                                                                                                                                
     Alaska Historical Commission                                                                                               
     FY 04 Appropriation: $0                                                                                                    
     FY 04 Revenue: $0                                                                                                          
     FY 04 Revenue Shortfall: $0                                                                                                
     Amount Swept: 85,302                                                                                                       
     Minimum Reverse Amount: $0                                                                                                 
     Fall 2003 Potential Sweep Balance: $85,302                                                                                 
     Department requests full amount be reversed to support future                                                              
     year spending.                                                                                                             
     If Revenue not equal to Appropriation:                                                                                     
                                                                                                                                
Ms. Frasca  noted  this funding  is generally  utilized for  special                                                            
projects and the funds are accumulated over time.                                                                               
                                                                                                                                
Senator Dyson asked the proposed projects.                                                                                      
                                                                                                                                
Ms. Frasca  exampled a commemoration  of the 50 year anniversary  of                                                            
Alaska statehood.                                                                                                               
                                                                                                                                
     Oil/Haz Substance Release Accounts                                                                                         
     FY 04 Appropriation: $20,171,600                                                                                           
     FY 04 Revenue: $9,232,900                                                                                                  
     FY 04 Revenue Shortfall: $10,938,700                                                                                       
     Amount Swept: $18,349,829                                                                                                  
     Minimum Reverse Amount: $10,938,700                                                                                        
     Fall 2003 Potential Sweep Balance: $7,411,129                                                                              
     Department requests full amount be reversed to support future                                                              
     year spending; annual revenue not sufficient to maintain                                                                   
     current spending level.                                                                                                    
     If Revenue not equal to Appropriation: Extra sweep supports                                                                
     future appropriations.                                                                                                     
                                                                                                                                
Ms. Frasca  explained these  funds are utilized  to support  capital                                                            
projects  and  cover   operating  expenses  in  the  Department   of                                                            
Environmental Conservation  and the Department of Transportation and                                                            
Public Facilities.                                                                                                              
                                                                                                                                
Ms. Frasca  also noted  this reversal request  includes reversal  of                                                            
prior year balances.                                                                                                            
                                                                                                                                
Co-Chair Green clarified this request is not unusual.                                                                           
                                                                                                                                
Ms. Frasca affirmed  a number of these items carry  forward from one                                                            
year to the next.                                                                                                               
                                                                                                                                
     Employment Assistance & Training (STEP)                                                                                    
     FY 04 Appropriation: $5,639,700                                                                                            
     FY 04 Revenue: $4,650,000                                                                                                  
     FY 04 Revenue Shortfall: $989,700                                                                                          
     Amount Swept: $1,947,655                                                                                                   
     Minimum Reverse Amount: $0                                                                                                 
     Fall 2003 Potential Sweep Balance: $4,547,743                                                                              
     Since fund is a diversion of workers compensation tax monies                                                               
     assessed against insured and self-insured employers, reverse                                                               
     full amount.                                                                                                               
                                                                                                                                
Ms. Frasca remarked that  funds in this sub-account are used to fund                                                            
various training programs.                                                                                                      
                                                                                                                                
     Workers Safety/Comp Account                                                                                                
     FY 04 Appropriation: $4,139,400                                                                                            
     FY 04 Revenue: $4,139,400                                                                                                  
     FY 04 Revenue Shortfall: $0                                                                                                
     Amount Swept: $4,547,743                                                                                                   
     Minimum Reverse Amount: $0                                                                                                 
     Fall 2003 Potential Sweep Balance: $4,547,743                                                                              
     Since fund is a diversion of workers compensation tax monies                                                               
     assessed against insured and self-insured employers, reverse                                                               
     full amount.                                                                                                               
                                                                                                                                
Ms.  Frasca  noted  this is  a  diversion  of  workers compensation                                                             
contributions  that  are  used  to  fund  the  Division  of  Workers                                                            
Compensation,  and  Occupational  Safety  and Health  programs.  She                                                            
assured that  failure to  provide reversal  of these funds in  FY 04                                                            
would cause no pending crisis.                                                                                                  
                                                                                                                                
     Commercial Passenger Vessel Env. Compliance Fund                                                                           
     FY 04 Appropriation: $706,900                                                                                              
     FY 04 Revenue: $706,900                                                                                                    
     FY 04 Revenue Shortfall: $0                                                                                                
     Amount Swept: $1,099,965                                                                                                   
     Minimum Reverse Amount: $706,900                                                                                           
     Fall 2003 Potential Sweep Balance: $393,065                                                                                
     Reversal of full amount will make the funding available to pay                                                             
     FY 05 costs and ease fund cash flow.                                                                                       
     If Revenue not equal to Appropriation: -$706,900 Revenue                                                                   
     received late in year and funds FY 05                                                                                      
                                                                                                                                
Ms. Frasca explained these  funds are collected from cruise ships to                                                            
address emissions and discharges.  She stated that this program does                                                            
not have a revenue shortfall in the current fiscal year.                                                                        
                                                                                                                                
JOAN BROWN, Chief  Budget Analyst, Office of Management  and Budget,                                                            
Office  of  the  Governor,  interjected  that  a  portion  of  these                                                            
revenues are  received at the end  of the fiscal year and  therefore                                                            
the sweep has caused cash flow issues.                                                                                          
                                                                                                                                
Ms. Frasca furthered that  funds collected in May and June 2002 were                                                            
swept into the CBR and thus unavailable for expenditure.                                                                        
                                                                                                                                
     Tobacco Ed/Cessation Fund                                                                                                  
     FY 04 Appropriation: $5,395,600                                                                                            
     FY 04 Revenue: $4,295,600                                                                                                  
     FY 04 Revenue Shortfall: $1,100,000                                                                                        
     Amount Swept: $1,260,524                                                                                                   
     Minimum Reverse Amount: $1,100,000                                                                                         
     Fall 2003 Potential Sweep Balance: $160,524                                                                                
     Reversal of full amount will make the funding available to pay                                                             
     FY 05 costs and ease fund cash flow.                                                                                       
     If Revenue not equal to Appropriation: Extra sweep supports                                                                
     future appropriations.                                                                                                     
                                                                                                                                
Ms. Frasca reminded these  funds represent 20 percent of the Tobacco                                                            
Settlement  funds annually  received  by the State  and utilized  to                                                            
fund  grants  for   tobacco  cessation  programs  both   within  the                                                            
Department of Health and  Social Services and outside organizations.                                                            
                                                                                                                                
     Bldg Safety Account                                                                                                        
     FY 04 Appropriation: $1,603,700                                                                                            
     FY 04 Revenue: $1,508,000                                                                                                  
     FY 04 Revenue Shortfall: $95,700                                                                                           
     Amount Swept: $95,700                                                                                                      
     Minimum Reverse Amount: $92,843                                                                                            
     Fall 2003 Potential Sweep Balance: $0                                                                                      
     If Revenue not equal to Appropriation: $2,857 Small shortfall                                                              
     is not a problem.                                                                                                          
                                                                                                                                
Ms.  Frasca  stated  this  sub-account   is  utilized  to  fund  the                                                            
Department of Labor and  Workforce Development mechanical inspection                                                            
activities.  She remarked  that this  program has  a "shortfall"  of                                                            
approximately $96,000 as a result of the sweep.                                                                                 
                                                                                                                                
     Alcohol/Drug Abuse Trtmnt/Prevention Fund                                                                                  
     FY 04 Appropriation: $21,400,000                                                                                           
     FY 04 Revenue: $15,300,000                                                                                                 
     FY 04 Revenue Shortfall: $6,100,000                                                                                        
     Amount Swept: $6,191,229                                                                                                   
     Minimum Reverse Amount: $6,100,000                                                                                         
     Fall 2003 Potential Sweep Balance: $91,229                                                                                 
     Reversal of full amount will make the funding available to pay                                                             
     FY 05 costs and ease fund cash flow.                                                                                       
     If Revenue not equal to Appropriation: Extra sweep supports                                                                
     future appropriations.                                                                                                     
                                                                                                                                
Ms. Frasca explained  this sub-account represents  50 percent of the                                                            
proceeds  of the  alcoholic beverage  tax  and is  utilized to  fund                                                            
grants  for  nonprofit   organizations  as  well  as   some  capital                                                            
projects.                                                                                                                       
                                                                                                                                
Co-Chair Green asked if these grants are awarded to "an agency".                                                                
                                                                                                                                
Ms. Frasca  replied that the alcohol  tax revenues are utilized  for                                                            
several  purposes,   including  construction   of  the  Nome   Youth                                                            
Detention Facility, Medicaid  expenses, suicide prevention programs,                                                            
the Department of Corrections, and the Alaska Council on Domestic                                                               
Violence and Sexual Assault.                                                                                                    
                                                                                                                                
     Land Disposal Income Fund                                                                                                  
     FY 04 Appropriation: $7,818,500                                                                                            
     FY 04 Revenue: $4,318,500                                                                                                  
     FY 04 Revenue Shortfall: $3,500,000                                                                                        
     Amount Swept: $5,048,544                                                                                                   
     Minimum Reverse Amount: $3,500,000                                                                                         
     Fall 2003 Potential Sweep Balance: $1,548,554                                                                              
     Department  requests full amount  be reversed to support  FY 04                                                            
     and FY 05 costs, including FY 05 debt.                                                                                     
     If  Revenue not equal  to Appropriation:  Extra sweep  supports                                                            
     future appropriations.                                                                                                     
                                                                                                                                
Ms. Frasca requested the full amount be reversed to make the                                                                    
balance available in FY 05.                                                                                                     
                                                                                                                                
     AMHS Fund                                                                                                                  
     FY 04 Appropriation: $86,945,400                                                                                           
     FY 04 Revenue: $82,945,400                                                                                                 
     FY 04 Revenue Shortfall: $4,000,000                                                                                        
     Amount Swept: $9,277,305                                                                                                   
     Minimum Reverse Amount: $4,000,000                                                                                         
     Fall 2003 Potential Sweep Balance: $5,277,305                                                                              
     If Revenue  not equal to Appropriation: The extra  sweep amount                                                            
     is  to load  the fund  for FY  05. FY  05 will  be shortfunded                                                             
     without full reversal.                                                                                                     
                                                                                                                                
Ms. Frasca stated $4 million is necessary to fund operations for                                                                
the remainder of FY 04 with the balance available to support the                                                                
system in FY 05.                                                                                                                
                                                                                                                                
The Office of Management and Budget recommends the following two                                                                
items be reversed "to Restore Balance - So Available in FY 05".                                                                 
                                                                                                                                
     Debt Retirement Fund                                                                                                       
     FY 04 Appropriation: $53,820,600                                                                                           
     FY 04 Revenue: $61,747,107                                                                                                 
     FY 04 Revenue Shortfall: $0                                                                                                
     Amount Swept: $7,926,507                                                                                                   
     Minimum Reverse Amount: $7,926,507                                                                                         
     Fall 2003 Potential Sweep Balance: $0                                                                                      
     Reversal  will make  the funding  available to  pay FY 05  debt                                                            
     costs.                                                                                                                     
     If Revenue  not equal to Appropriation:  -$7,926,507  the extra                                                            
     sweep  amount is  to load  the fund for  FY 05.  FY 05 will  be                                                            
     shortfunded without full reversal.                                                                                         
                                                                                                                                
Ms. Frasca  emphasized the  funds are not  necessary for FY  04, but                                                            
rather would be needed for FY 05.                                                                                               
                                                                                                                                
     Ak Tech Voc Ed Pgm Fund (TVEP)                                                                                             
     FY 04 Appropriation: $4,561,500                                                                                            
     FY 04 Revenue: $4,561,500                                                                                                  
     FY 04 Revenue Shortfall: $0                                                                                                
     Amount Swept: $913,590                                                                                                     
     Minimum Reverse Amount: $913,590                                                                                           
     Fall 2003 Potential Sweep Balance: $0                                                                                      
     Since fund is a diversion of monies that would otherwise go                                                                
     into the unemployment insurance trust fund, reverse full                                                                   
     amount.                                                                                                                    
     If Revenue not equal to Appropriation: -$913,590                                                                           
                                                                                                                                
Ms. Frasca  explained  these funds  are utilized  for University  of                                                            
Alaska  programs,   the  Kotzebue   Technical  Center,  the   Alaska                                                            
Vocational  Technical  Center, and  the Galena  Project Educational                                                             
Vocational Training Center.                                                                                                     
                                                                                                                                
The Office of  Management and Budget categorized the  following item                                                            
in the handout  as "Reverse to Restore  Prior Year Account  Balances                                                            
over $999 to Communities".                                                                                                      
                                                                                                                                
     Municipal Capital Matching Grants (sum of 2 grant programs)                                                                
     Amount Swept: $2,301,844                                                                                                   
     Minimum Reverse Amount: $2,158,525                                                                                         
     Fall 2003 Potential Sweep Balance: $143,319                                                                                
     If Revenue not equal to Appropriation: -$2,158,525 Expenditure                                                             
     would require a supplemental appropriation. Potential sweep                                                                
     amount affects accounts less than $1000.                                                                                   
                                                                                                                                
                                                                                                                                
Ms. Frasca noted these  funds represent the balance held by a number                                                            
of smaller  communities in their capital  matching grants  accounts.                                                            
She stated  that reversal  of this item would  restore the  funds to                                                            
each community.                                                                                                                 
                                                                                                                                
This Office  of Management  and Budget  noted this  final item  as a                                                            
"Policy Call".                                                                                                                  
                                                                                                                                
     Railbelt Energy Fund                                                                                                       
     Amount Swept: $29,571,811                                                                                                  
     Fall 2003 Potential Sweep Balance: $29,571,811                                                                             
                                                                                                                                
Ms.  Frasca   stated  the   FY  04  budget   does  not  contain   an                                                            
appropriation  that  is dependant  upon  these funds;  however,  the                                                            
Office of Management and Budget requests the funds be reversed.                                                                 
                                                                                                                                
Senator Hoffman asked the purpose of reversing these funds.                                                                     
                                                                                                                                
Ms. Frasca responded this would restore the account to allow future                                                             
legislatures to utilize the funds.                                                                                              
                                                                                                                                
Ms. Frasca relayed that departmental managers were "resting easier"                                                             
with the knowledge that the legislature was considering reversal of                                                             
these accounts.                                                                                                                 
                                                                                                                                
Ms. Frasca pointed out that the FY 04 budget did not contain a                                                                  
necessary $120,000 appropriation to the Department of Revenue to                                                                
manage the CBR. She requested these funds be appropriated.                                                                      
                                                                                                                                
Co-Chair Green ordered the bill HELD in Committee.                                                                              
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Lyda Green adjourned the meeting at 10:22 AM                                                                           

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