Legislature(2005 - 2006)SENATE FINANCE 532

02/24/2005 09:00 AM Senate FINANCE


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09:04:41 AM SB97
09:04:41 AM Start
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+= SB 97 SUPPLEMENTAL APPROPRIATIONS/CBR TELECONFERENCED
Heard & Held
+= SB 98 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK TELECONFERENCED
Scheduled But Not Heard
-- Testimony <Invitation Only> --
Bills Previously Heard/Scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                         February 24, 2005                                                                                    
                             9:04 a.m.                                                                                        
                                                                                                                                
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Wilken  convened the meeting  at approximately 9:04:41  AM.                                                          
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Con Bunde, Vice Chair                                                                                                   
Senator Fred Dyson                                                                                                              
Senator Bert Stedman                                                                                                            
                                                                                                                                
Also   Attending:   JOELLEN   HANRAHAN,    Director,   Division   of                                                          
Administrative  Services,  Department  of  Commerce,  Community  and                                                            
Economic  Development;  MARC  ANTRIM,  Commissioner,  Department  of                                                            
Corrections;   CHARLINE  GRIFFIN,   Acting  Director,  Division   of                                                            
Administrative  Services,  Department  of Corrections;  EDDY  JEANS,                                                            
Director,  School   Finance,  Department  of  Education   and  Early                                                            
Development;  TOM  LAWSON,  Director,  Division   of Administrative                                                             
Services,  Department  of  Fish and  Game;  DAN  SPENCER,  Director,                                                            
Division of  Administrative Services,  Department of Public  Safety;                                                            
DAVID  MARCUS,  Acting  Deputy  Attorney  General,  Civil  Division,                                                            
Department  of Law; GUY BELL, Director,  Division of Administrative                                                             
Services,  Department  of  Labor  and  Workforce  Development;  JOHN                                                            
CRAMER, Director,  Administrative  Services Division, Department  of                                                            
Military and Veterans  Affairs; NICO BUS, Acting Director,  Division                                                            
of Support Services, Department  of Natural Resources; SUSAN TAYLOR,                                                            
Director, Administrative  Services Division, Department  of Revenue;                                                            
BOB BARTHOLOMEW,  Chief  Operating  Officer, Alaska  Permanent  Fund                                                            
Corporation,   Department  of  Revenue;   NANCY  SLAGLE,   Director,                                                            
Division of  Administrative Services,  Department of Transportation                                                             
and Public Facilities                                                                                                           
                                                                                                                                
Attending  via Teleconference:  From  Offnet Sites:  CRAIG  TILLERY,                                                          
Chief  Assistant  Attorney, General-Statewide   Section Supervisor,                                                             
Environmental  Section, Department  of Law; WILLIAM HERMAN,  Program                                                            
Officer,  Alaska  Mental  Health  Trust  Authority,   Department  of                                                            
Revenue; From  Anchorage: DEAN BROWN,  Deputy Director, Division  of                                                            
Forestry, Department of Natural Resources                                                                                       
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 97-SUPPLEMENTAL APPROPRIATIONS/CBR                                                                                           
                                                                                                                                
The  Committee  heard   supplemental  request  overviews   from  the                                                            
Department  of Commerce,  Community  and Economic  Development;  the                                                            
Department  of Education  and Early Development;  the Department  of                                                            
Labor and Workforce  Development;  the Department of Fish  and Game,                                                            
the  Department of  Law; the  Department  of Military  and  Veterans                                                            
Affairs;  the  Department  of Revenue,  the  Department  of  Natural                                                            
Resources,  Department  of  Public  Safety; and  the  Department  of                                                            
Transportation   and  Public  Facilities.  The   bill  was  held  in                                                            
Committee.                                                                                                                      
                                                                                                                                
SB 98-SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                                                   
                                                                                                                                
This bill was scheduled but not heard.                                                                                          
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 97                                                                                                         
     "An    Act   making    supplemental,    capital,   and    other                                                            
     appropriations, and  reappropriations; amending appropriations;                                                            
     making   appropriations   to   capitalize  funds;   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 second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken announced  that the purpose of today's hearing is to                                                            
continue Department overviews on the regular supplemental bill.                                                                 
                                                                                                                                
Department of Commerce, Community and Economic Development                                                                    
                                                                                                                                
     Item: 74                                                                                                                   
     Section: 2                                                                                                                 
     RDU: Qualified Trade Association Contract                                                                                  
     Supplemental Need:  The difference between the estimated amount                                                            
     and  the  actual amount  paid  to the  Alaska  Travel  Industry                                                            
     Association that was due.                                                                                                  
     $158,200 General Funds                                                                                                     
                                                                                                                                
JOELLEN  HANRAHAN, Director,  Division of  Administrative  Services,                                                            
Department  of Commerce,  Community and  Economic Development,  read                                                            
the  Supplemental   Need  of  Item  74  and  expressed   that  "this                                                            
correction   is  to  FY   05  legislation   which  adjusted   FY  04                                                            
appropriation  amounts". At that time,  the State had a contractual                                                             
arrangement  with the Alaska Travel  Industry Association  (ATIA) in                                                            
which the State  provided a 60/40 funding match. In  FY 04, ATIA had                                                            
anticipated being  unable to meet their match obligation,  and their                                                            
appropriation was reduced.  Subsequent action allowed ATIA to exceed                                                            
their anticipated  match  by $158,000. Therefore,  this item  "would                                                            
correct that reduced appropriation".                                                                                            
                                                                                                                                
Co-Chair  Green  asked  how  this  request,  "would  differ  from  a                                                            
ratification".                                                                                                                  
                                                                                                                                
Ms.  Hanrahan replied  that  this  has been  a topic  of  discussion                                                            
between  the Department and  the Legislative  Finance Division.  The                                                            
reason the request  is included in the supplemental  bill is because                                                            
it  is an  adjustment  to FY  05  legislation  that adjusted  FY  04                                                            
appropriation  funding. In summary, the request could  be classified                                                            
as a ratification and not be included in the supplemental.                                                                      
                                                                                                                                
Department of Corrections                                                                                                     
                                                                                                                                
     Item: 75                                                                                                                   
     Section: 3(a)                                                                                                              
     RDU: Institutional Facilities                                                                                              
     Supplemental   Need:  The  department  took  a  7%  savings  in                                                            
     commodity  purchases in anticipation of savings  from deploying                                                            
     technology.  Deployment  has been delayed  and the savings  has                                                            
     not been realized.                                                                                                         
     $350,000 General Fund                                                                                                      
                                                                                                                                
MARC  ANTRIM,  Commissioner,  Department  of Corrections,  read  the                                                            
Supplemental  Need  and  stated  that  the  implementation   of  the                                                            
Department's  procurement system  has been  slow and therefore,  the                                                            
anticipated seven-percent  savings, or $507,600, has not transpired.                                                            
$490,000  of  that  amount  was  anticipated   in  the  Division  of                                                            
Institutions.  The Department would absorb $157,600  of the expense.                                                            
                                                                                                                                
Co-Chair  Wilken  understood  therefore   that  this  request  would                                                            
"backfill  the decrement in  the supply line  for the FY 05  budget"                                                            
and some of the  decrement would be absorbed within  the Department.                                                            
                                                                                                                                
Commissioner  Antrim stated that the  FY 05 budget was short-funded                                                             
by  approximately   $500,000,   as   it  was   developed  with   the                                                            
understanding  that  the new  procurement  system would  be  online.                                                            
However,  due to  the delay  in the  program's  implementation,  the                                                            
savings have not materialized.                                                                                                  
                                                                                                                                
Co-Chair  Wilken  asked whether  this  request  pertains  to the  e-                                                            
commerce system.                                                                                                                
                                                                                                                                
Commissioner Antrim affirmed.                                                                                                   
                                                                                                                                
Co-Chair  Wilken asked whether  the funding  appropriated to  the e-                                                            
commerce system has been expended.                                                                                              
                                                                                                                                
Commissioner Antrim responded  no. The funding request pertaining to                                                            
the purchase of the e-commerce  system is included in the SB 98-FAST                                                            
TRACK SUPPLEMENTAL  APPROPS/CBRF bill.  This request would  serve to                                                            
fund the Department's commodities.                                                                                              
                                                                                                                                
     Item: 76                                                                                                                   
     Section: 3(b)                                                                                                              
     RDU: Institutional Facilities                                                                                              
     Supplemental Need: Fuel cost increases                                                                                     
     $75,000 General Funds                                                                                                      
                                                                                                                                
Commissioner  Antrim stated that this  request would fund  fuel cost                                                            
increases for facilities throughout the State.                                                                                  
                                                                                                                                
Co-Chair  Green asked  whether this  request would  provide for  the                                                            
entire  fuel  cost  increase  or whether  the  Department  would  be                                                            
absorbing some of the FY 05 expenses.                                                                                           
                                                                                                                                
Commissioner  Antrim responded that  this request would not  provide                                                            
the full amount.  The Department would absorb approximately  $25,000                                                            
to $30,000 in expenses above the requested amount.                                                                              
                                                                                                                                
Senator Stedman  asked whether the  Department's FY 06 budget  would                                                            
be adjusted to reflect future fuel price projections.                                                                           
                                                                                                                                
Commissioner Antrim affirmed.                                                                                                   
                                                                                                                                
     Item: 153                                                                                                                  
     Section: 19(c)                                                                                                             
     RDU: Corrections Ratifications                                                                                             
     Supplemental Need: AR50566-02 Parole Board                                                                                 
     $62,129.00 General Funds                                                                                                   
                                                                                                                                
CHARLINE  GRIFFIN,  Acting  Director,  Division   of Administrative                                                             
Services, Department of  Corrections, stated that this request "is a                                                            
ratification  for the  Parole Board  for FY 2002".  This amount  was                                                            
adjusted  "from  the Parole  Board  to  the out-of-state   contracts                                                            
component.  The Parole Board  was never funded  to hold hearings  in                                                            
Arizona  when that contract  began and  was unable  in that  year to                                                            
absorb  those costs".  A  legislative  audit recommended  that  this                                                            
request be presented.                                                                                                           
                                                                                                                                
Department of Education and Early Development                                                                                 
                                                                                                                                
     Item: 77                                                                                                                   
     Section: 4(a)                                                                                                              
     RDU: ACPE                                                                                                                  
     Supplemental Need: Unanticipated increase in mainframe charges                                                             
     from Department of Administration's Enterprise Technology                                                                  
     Services                                                                                                                   
     $265,000 ACPE Rcpts                                                                                                        
                                                                                                                                
EDDY JEANS,  Director, School Finance,  Department of Education  and                                                            
Early   Development,   stated   that  this   request   would   allow                                                            
postsecondary  receipts to address  mainframe computer chargebacks.                                                             
                                                                                                                                
Co-Chair Wilken, noting  that 30-percent of this increase was due to                                                            
loan volume, asked regarding  the cause of the remaining 70-percent.                                                            
                                                                                                                                
Mr. Jeans voiced the understanding  that in addition to the activity                                                            
from the  increased loan  volume, an increase  in overall  mainframe                                                            
usage attributed to the chargeback.                                                                                             
                                                                                                                                
Co-Chair Green  asked for confirmation that payment  would be to the                                                            
Department of Administration.                                                                                                   
                                                                                                                                
Mr. Jeans affirmed.                                                                                                             
                                                                                                                                
     Item: 78                                                                                                                   
     Section: 4(b)                                                                                                              
     RDU: Foundation Program                                                                                                    
     Supplemental  Need:  Reduce the  FY 05 entitlement  for  public                                                            
     school  funding due to a decrease  in projected enrollment;  an                                                            
     increase  in the amount of federal impact aid  that reduces the                                                            
     amount  of state aid; and the  actual cost of the supplemental                                                             
     funding floor.                                                                                                             
     ($14,145,500) General Funds                                                                                                
                                                                                                                                
Mr. Jeans stated  that this request is the result  of a reduction in                                                            
the student foundation  funding formula program. Fewer students than                                                            
anticipated,  an increase  in federal  impact aid  receipts, and  an                                                            
adjustment  to the  supplemental funding  floor  attributed to  this                                                            
decrement.                                                                                                                      
                                                                                                                                
Co-Chair Wilken  asked increasing local contributions  was a factor.                                                            
                                                                                                                                
Mr. Jeans responded  in the negative;  local contribution  increases                                                            
would have been a factor in developing the FY 05 budget.                                                                        
                                                                                                                                
     Item: 79                                                                                                                   
     Section: 4(c)                                                                                                              
     RDU: Library Operations                                                                                                    
     Supplemental  Need:  Costs associated  with  implementation  of                                                            
     librarian  job class  study resulting  in a one-range  increase                                                            
     effective January 15, 2005.                                                                                                
     $30,000 General Funds                                                                                                      
                                                                                                                                
Mr. Jeans  read the  supplemental  need and stated  that this  would                                                            
provide salary increases for fourteen librarian positions.                                                                      
                                                                                                                                
     Item: 82                                                                                                                   
     Section: 7(a)                                                                                                              
     RDU: Fund Capitalization Debt Retirement Fund                                                                              
     Supplemental   Need:  Increased  capitalization   of  the  Debt                                                            
     Retirement  Fund  to  supplant  a shortfall  in  cigarette  tax                                                            
     revenue into  the School Fund - the estimate  for cigarette tax                                                            
     revenue  is  reduced  by $800.0  from  $30.2 million  to  $29.4                                                            
     million.   This  fully  funds  the  School  Construction   Debt                                                            
     Reimbursement program in FY 05.                                                                                            
          $551,100 General Funds                                                                                                
          $  3,500 Federal Funds                                                                                                
          $245,400 DEED CIP Equity                                                                                              
     Total Funds: $800,000                                                                                                      
                                                                                                                                
Mr. Jeans stated  that this request  would infuse "additional  money                                                            
into  the debt  fund to offset  a reduction  in  actual tobacco  tax                                                            
collected". While $30,200,000  in tobacco tax was anticipated in the                                                            
FY 05  budget, the  actual amount  collected  would be $29,400,000.                                                             
This item  reflects  the fund sources  identified  by the Office  of                                                            
Management and Budget.                                                                                                          
                                                                                                                                
     Item: 114                                                                                                                  
     Section: 16(a)                                                                                                             
     RDU: School Debt Reimbursement                                                                                             
     Supplemental  Need: Fund  Source change  due to a shortfall  in                                                            
     cigarette  tax  revenue  deposits  into  the School  Fund.  The                                                            
     School Fund is reduced  from $30.2 million to $29.4 million and                                                            
     the  Debt Retirement  Fund  is  increased from  $51,670,084  to                                                            
     $52,470,000.                                                                                                               
     Total Funds: $0.0 Debt Ret Fund and School Fund                                                                            
                                                                                                                                
Mr. Jeans  noted that this  item reflects  fund changes in  the fund                                                            
source and  the reduction in the tobacco  tax from $30.2  million to                                                            
$29.4 million and an increase in the Debt Fund to $52,470,000.                                                                  
                                                                                                                                
Co-Chair Wilken  expressed that Item 82 reflected  the fact that the                                                            
State collected  $800,000  less money  as a result  of a decline  in                                                            
smoking.  The resulting  $800,000  shortfall in  debt reimbursement                                                             
would be replaced with  general funds, federal funds and other funds                                                            
to include CIP equity.                                                                                                          
                                                                                                                                
Mr. Jeans  shared that  in FY 04,  the Department  had a CIP  equity                                                            
account  that was  funded by overhead  charges  relating to  capital                                                            
projects. The  Department had incorrectly understood  that that fund                                                            
was liquidated; however, a $245,000 balance remained.                                                                           
                                                                                                                                
Co-Chair Wilken asked whether any balance currently exists.                                                                     
                                                                                                                                
Mr. Jeans replied in the negative.                                                                                              
                                                                                                                                
Co-Chair Green asked for  confirmation that this amount was required                                                            
to backfill the account due to a shortfall.                                                                                     
                                                                                                                                
Mr.  Jeans  concurred that  this  amount  is  needed "for  the  debt                                                            
reimbursement program for the current year".                                                                                    
                                                                                                                                
In response to  a comment from Co-Chair Wilken, Mr.  Jeans clarified                                                            
that the total  amount is $82 million: $30 million  from the tobacco                                                            
tax and the $52 million.                                                                                                        
                                                                                                                                
Co-Chair Wilken acknowledged.                                                                                                   
                                                                                                                                
Co-Chair Green  asked for confirmation  that these figures  are firm                                                            
and no additional amount would be anticipated.                                                                                  
                                                                                                                                
Mr. Jeans  replied  that this  is the  amount needed  for "the  debt                                                            
reimbursement  program to  fully reimburse  all school districts  in                                                            
the current  year".  The amount of  revenue that  would be  received                                                            
from the tobacco  tax was overestimated  and that shortfall  must be                                                            
backfilled.                                                                                                                     
                                                                                                                                
Department of Fish and Game                                                                                                   
                                                                                                                                
     Item 80                                                                                                                    
     Section: 5                                                                                                                 
     RDU: Commercial Fisheries                                                                                                  
     Supplemental Need:  Language in sec. 1, ch. 158, SLA 2004, page                                                            
     14  for the  Southeast Region  Fisheries  Management  component                                                            
     should   have  been   for  the  entire   Commercial   fisheries                                                            
     appropriation.                                                                                                             
     Total Funds: zero                                                                                                          
                                                                                                                                
TOM  LAWSON,   Director,   Division  of   Administrative   Services,                                                            
Department of Fish and  Game, explained that this item would correct                                                            
an error in  the FY 05 operating budget  by allowing FY 04  year-end                                                            
balances of test fish receipts  for all Commercial Fisheries to roll                                                            
forward  rather than  limiting the  rollover only  to the  Southeast                                                            
Region.  The  amount  in question  is  $421,000.  The  roll  forward                                                            
language  has been in effect  since FY 03.  Absent this correction,                                                             
Commercial  Fisheries  would  be  required  "to  harvest  additional                                                            
resources"  to achieve the  revenue required  to cover the  costs of                                                            
the programs funded by test fish receipts.                                                                                      
                                                                                                                                
Co-Chair Wilken asked regarding  the item's reference to zero funds.                                                            
                                                                                                                                
Mr. Lawson  replied that  the $421,000 has  lapsed into the  general                                                            
fund.                                                                                                                           
                                                                                                                                
Co-Chair   Wilken,  noting   that  this  could   be  viewed   as  "a                                                            
ratification for FY 04  expenditures", asked for further information                                                            
regarding the effect of this request.                                                                                           
                                                                                                                                
Mr.  Lawson explained  that,  in the  FY  05 operating  budget,  the                                                            
rollover  language   was  mistakenly  placed  under   the  Southeast                                                            
Commercial  Fisheries component.  As  a result, only  the test  fish                                                            
revenue from  that component  was specified  to rollover. This  item                                                            
would  allow  the  rollover  language  to  apply  to  all  pertinent                                                            
Commercial components.                                                                                                          
                                                                                                                                
Co-Chair Wilken understood therefore that this is a lapse issue.                                                                
                                                                                                                                
Mr. Lawson concurred.                                                                                                           
                                                                                                                                
Department of Public Safety                                                                                                   
                                                                                                                                
     Item 81                                                                                                                    
     Section: 6                                                                                                                 
     RDU: Fund Capitalization Fish and Game Fund                                                                                
     Supplemental  Need: Fish and Game Fund interest  can't be spend                                                            
     by the  Department of  Public Safety or  the Department  of Law                                                            
     per  Legislative Audit,  December  2004. A  language change  is                                                            
     necessary  to specifically appropriate  the interest  earnings.                                                            
     $108,400 General Funds                                                                                                     
                                                                                                                                
[NOTE: The following  testifier's audio is garbled  and difficult to                                                            
understand.]                                                                                                                    
                                                                                                                                
DAN  SPENCER,   Director,  Division   of  Administrative   Services,                                                            
Department  of Public Safety, expressed  that this item would  allow                                                            
the interest  earned  in the  Fish and Game  Fund since  1998  to be                                                            
utilized  by  the  Department  of  Public  Safety   for enforcement                                                             
purposes  and by the  Department  of Law for  prosecution  purposes.                                                            
While the funds  have historically  been utilized in this  manner, a                                                            
recent  Legislative  Budget  &  Audit  report  [copy  not  provided]                                                            
recommended that  the language be clarified to explicitly  allow for                                                            
the interest to be appropriated.                                                                                                
                                                                                                                                
Co-Chair Wilken  asked for confirmation that use of  the interest in                                                            
this manner is supported for all interested parties.                                                                            
                                                                                                                                
Mr. Spencer concurred and  noted that language should be adjusted in                                                            
the FY 06 appropriation budget to reflect this clarification.                                                                   
                                                                                                                                
Co-Chair Wilken asked whether that language has been provided.                                                                  
                                                                                                                                
Mr. Spencer expressed that it would be forthcoming.                                                                             
                                                                                                                                
Co-Chair  Green asked for  confirmation that  the historical  use of                                                            
these  funds would  not  be altered  as a  result  of this  language                                                            
change.                                                                                                                         
                                                                                                                                
Mr. Spencer replied  that the funds would be utilized  in "the exact                                                            
same way" they have been used since 1998.                                                                                       
                                                                                                                                
Senator Bunde  understood that  the funds would  be used to  enhance                                                            
enforcement efforts relating to Fish and Game issues.                                                                           
                                                                                                                                
In response to a question  from Senator Bunde, Mr. Spencer expressed                                                            
that  the  funds  would  be  used  to  support   Fish  and  Wildlife                                                            
enforcement issues.                                                                                                             
                                                                                                                                
     Item: 109                                                                                                                  
     Section: 14(a)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental   Need:  Additional   National  Marine   Fisheries                                                            
     Service funding for  the existing FY 05 capital project: Marine                                                            
     Fisheries  Patrol Improvements. This increases  the amount from                                                            
     $1,080.3 to $1,250.0.                                                                                                      
     $169,700 Federal Funds                                                                                                     
                                                                                                                                
Mr. Spencer stated that  this request would allow for an increase in                                                            
the  amount of  federal  funds received  in  FY 05  for "joint  open                                                            
water"  enforcement  patrols  with  the  National  Marine  Fisheries                                                            
Service. Overall federal  funding support of this ongoing program in                                                            
FY  05  would  exceed  $2.25  million.  Additional  funds  might  be                                                            
forthcoming.                                                                                                                    
                                                                                                                                
Co-Chair Green  asked whether this funding could be  included in the                                                            
FY 06 budget.                                                                                                                   
                                                                                                                                
Mr. Spencer  replied that while the  joint operation would  continue                                                            
in FY 06, the  timing of the receipt  of this funding would  be "the                                                            
only  issue" as  the authority  to  expend it  must  align with  the                                                            
fiscal year in which it was received.                                                                                           
                                                                                                                                
Co-Chair  Green asked, therefore,  whether  "an expiration  date" is                                                            
attached to the funding.                                                                                                        
                                                                                                                                
Mr. Spencer communicated  that the funding relates to a specific set                                                            
of services the State has agreed to provide.                                                                                    
                                                                                                                                
     Item 110                                                                                                                   
     Section: 14(b)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental Need: New Crime Scene Examination Enhancement                                                                 
     project                                                                                                                    
     $225,000 Federal Funds                                                                                                     
                                                                                                                                
Mr. Spencer  stated that this Congressional  appropriation  would be                                                            
used to improve the handling of crime scenes.                                                                                   
                                                                                                                                
Co-Chair Wilken understood this would be a one-time project.                                                                    
                                                                                                                                
Co-Chair Green  asked for confirmation that this was  a new project.                                                            
                                                                                                                                
Mr.  Spencer  responded yes;  this  would  be one  of  a variety  of                                                            
improvements relating to how crime scenes are processed.                                                                        
                                                                                                                                
Co-Chair  Wilken understood  that the project  would continue  until                                                            
its funding was exhausted.                                                                                                      
                                                                                                                                
Co-Chair Green  asked whether the inclusion of a new  project in the                                                            
supplemental bill was "appropriate".                                                                                            
                                                                                                                                
Co-Chair Wilken asked whether  this funding could be included in the                                                            
FY 06 budget rather than in the supplemental bill.                                                                              
                                                                                                                                
Mr. Spencer responded that  were this federal funding received in FY                                                            
05,  expenditures  relating  to such  things  as  training  programs                                                            
should be made.                                                                                                                 
                                                                                                                                
     Item: 83                                                                                                                   
     Section: 7(b)                                                                                                              
     RDU: Fund Capitalization Debt Retirement Fund                                                                              
     Supplemental   Need:  This section  appropriates   any  lapsing                                                            
     balances  as of June 30, 2005 of federal unrestricted  receipts                                                            
     to the  Debt Retirement  Fund. (The amount  is unknown  at this                                                            
     time.)                                                                                                                     
     Total Funds: Zero                                                                                                          
                                                                                                                                
Co-Chair  Wilken commented  that this  request  would allow  lapsing                                                            
federal funds to be deposited into the Debt Retirement Fund.                                                                    
                                                                                                                                
Department of Law                                                                                                             
                                                                                                                                
     Item 94                                                                                                                    
     Section: 9                                                                                                                 
     RDU: Civil Division, Deputy Attorney General's Office                                                                      
      Supplemental Need: Judgments and Claims as of 2/27/05.                                                                    
     $1,108,900 General Funds                                                                                                   
                                                                                                                                
DAVID  MARCUS,  Acting  Deputy  Attorney  General,  Civil  Division,                                                            
Department  of  Law,  stated  that this  request  would  address  13                                                            
judgments  and  claims: four  to  address  attorney fees;  three  to                                                            
address  challenges   pertaining   to  the  November  2004   general                                                            
election; and  the balance to address  personal injury settlements.                                                             
                                                                                                                                
Senator  Dyson   asked  whether  this   request  would  address   an                                                            
[unspecified] improper termination lawsuit against the State.                                                                   
                                                                                                                                
Mr.  Marcus  responded  that  were that  issue's  judgment  to  have                                                            
occurred after  February 7, 2005,  it would not be included  in this                                                            
request. He would investigate this further.                                                                                     
                                                                                                                                
     Item 97                                                                                                                    
     Section: 11(a)                                                                                                             
     RDU: Opinions, Appeals and Ethics                                                                                          
     Supplemental Need: Outside counsel costs to complete the                                                                   
     appeal through the oral argument in the Planned Parenthood                                                                 
     case: FY 06 lapse date.                                                                                                    
     $19,100 General Funds                                                                                                      
                                                                                                                                
Mr. Marcus  read the  Supplemental  Need and stated  that the  State                                                            
would continue  its efforts  to defend the  Constitutionally  of the                                                            
Parental  Consent  Act,  which  prohibits  doctors  from  performing                                                            
elective,  non-medically necessary  abortions  "on girls age  16 and                                                            
younger who are  both un-married and un-emancipated  unless the girl                                                            
has first obtained the  consent from her parents or a Superior Court                                                            
Judge". 40 other states  have similar laws. This is a very important                                                            
issue to the Governor  Frank Murkowski Administration  as well as to                                                            
many Legislators. The Act  is currently undergoing its second appeal                                                            
before the Supreme  Court with an upcoming oral argument  Court date                                                            
scheduled for  April 13. Extensive briefings and Court  records have                                                            
been incurred. To date,  the Department of Law has expended $667,000                                                            
and  all  appropriations  for  this  purpose  have  been  spent,  in                                                            
addition  to monies  spent by the  Legislation  Judicial Council.  A                                                            
private  lawyer, Mr.  Clarkson,  has been  retained  to forward  the                                                            
Legislature's  interest  and  assist Department  of  Law  attorneys'                                                            
efforts. Mr. Clarkson estimated  that an additional $19,100 would be                                                            
necessary to complete  work on the appeal through  the oral argument                                                            
phase.                                                                                                                          
                                                                                                                                
     Item: 98                                                                                                                   
     Section: 11(b)                                                                                                             
     RDU: Statehood Defense                                                                                                     
     Supplemental  Need:  Extend lapse  date  to June  30, 2006  for                                                            
     Navigable  Waters, RS 2477 Rights-of-Way,  Statehood  Defense -                                                            
     Sec. 62(b), ch. 82, SLA 2003.                                                                                              
     Total Funds: zero                                                                                                          
                                                                                                                                
Mr. Marcus  stated that this  request would  allow the use  of funds                                                            
appropriated in  2003 to be extended through June  30, 2006 in order                                                            
to address safety defense issues.                                                                                               
                                                                                                                                
     Item: 99                                                                                                                   
     Section: 11(c)                                                                                                             
     RDU: Environmental Law                                                                                                     
     Supplemental  Need:  Extend lapse  date  to June  30, 2006  for                                                            
     continued  analysis  of the continuing  injury  from the  Exxon                                                            
     Valdez oil  spill and development of restoration  option - Sec.                                                            
     16, ch 159, SLA 2004.                                                                                                      
     Total Funds: zero                                                                                                          
                                                                                                                                
     Item 100                                                                                                                   
     Section: 11(d)                                                                                                             
     RDU: Environmental Law                                                                                                     
     Supplemental  Need:  Expend lapse  date  to June  30, 2006  for                                                            
     Exxon Valdez Oil Spill  Trustee Council - Senator Elton. 22(c),                                                            
     ch. 159, SLA 2004.                                                                                                         
     Total Funds: zero                                                                                                          
                                                                                                                                
CRAIG TILLERY,  Chief Assistant Attorney, General-Statewide  Section                                                            
Supervisor, Environmental  Section, Department of Law, testified via                                                            
teleconference  from an offnet site  in Anchorage stated  that these                                                            
two requests would  allow the appropriations to be  extended through                                                            
June 30, 2006.  Section 11(d) was a $1.5 million appropriation  from                                                            
the Exxon Valdez  Oil Spill Trustee Council to support  studies that                                                            
have  either not  yet  been completed  or  would require  review  of                                                            
restoration activities.  The studies and reviews should be completed                                                            
by the fall of 2005. In  addition, a $100,000 appropriation from the                                                            
Exxon Valdez  Criminal restitution  money, a restricted account,  is                                                            
also being requested to have an extension date.                                                                                 
                                                                                                                                
Co-Chair Wilken recalled  that a similar request had come before the                                                            
Committee  the  prior year.  At  that  time,  a concern  was  raised                                                            
regarding whether  the continuance  of Prince William Sound  studies                                                            
was a necessary monetary expenditure.                                                                                           
                                                                                                                                
Mr. Tillery  confirmed  that this  issue had been  raised the  prior                                                            
year. The response is that  studies would fully evaluate whether the                                                            
Sound's cleanup  was complete  or which components  must be  further                                                            
addressed.  This would be the final  review and should be  completed                                                            
by this fall.                                                                                                                   
                                                                                                                                
Co-Chair Wilken  understood last year's  $1.5 million appropriation                                                             
was to support some new  and some existing efforts. To the point, he                                                            
asked whether  any new projects would be undertaken  with this money                                                            
were it not to lapse.                                                                                                           
                                                                                                                                
Mr. Tillery  responded that,  "the only new  projects that  could be                                                            
started  with this  money" are  those that  would  be considered  as                                                            
providing a  follow-up or an extension  of an existing project.  One                                                            
example might  be an activity that  might address "lingering  oil in                                                            
the  Sound …  or a  general  look around  to see  if  there are  any                                                            
activities that can be  undertaken to resolve or deal with lingering                                                            
oil remaining on some beaches".                                                                                                 
                                                                                                                                
Co-Chair  Wilken asked  a list  to be  provided  that would  include                                                            
"projects that are currently  underway, a list of projects new or in                                                            
addition to the current  projects that will get underway" to include                                                            
start/finish dates. "That list should total $1.5 million".                                                                      
                                                                                                                                
Mr.  Tillery responded  that  the  amount would  be  less than  $1.5                                                            
million as  some of the  money would fund  federal agency  endeavors                                                            
and, as such, would not funnel through the Department of Law.                                                                   
                                                                                                                                
Co-Chair Wilken stressed  that once this list is developed, it would                                                            
provide a  way to gauge,  one year from now,  the status of  all the                                                            
projects funded by this appropriation.                                                                                          
                                                                                                                                
Mr. Tillery concurred.                                                                                                          
                                                                                                                                
Department of Labor and Workforce Development                                                                                 
                                                                                                                                
     Item: 95                                                                                                                   
     Section: 10(a)                                                                                                             
     RDU: Management Services                                                                                                   
     Supplemental Need: Language for carryforward of revenues due                                                               
     to audit findings.                                                                                                         
     Total Funds: zero                                                                                                          
                                                                                                                                
     Item: 96                                                                                                                   
     Section: 10(b)                                                                                                             
     RDU: Vocational Rehabilitation Administration                                                                              
     Supplemental Need: Language for carryforward of revenues due                                                               
     to audit findings.                                                                                                         
     Total Funds: zero                                                                                                          
                                                                                                                                
GUY BELL, Director, Division  of Administrative Services, Department                                                            
of  Labor and  Workforce  Development  informed the  Committee  that                                                            
these  requests  would  address  a  Division  of  Legislative  Audit                                                            
finding regarding  the Department's  indirect cost allocation  plan,                                                            
in  that  the  Department  must  receive  Legislative   approval  to                                                            
rollover  excess revenue  it  collects from  one year  to the  next.                                                            
These monies  are used to offset future  administrative cost  rates.                                                            
These requests seek that authorization.                                                                                         
                                                                                                                                
Co-Chair Wilken  asked the amount  of the "unexpended, unobligated"                                                             
revenue.                                                                                                                        
                                                                                                                                
Mr. Bell responded that  the net for both divisions from FY 04 to FY                                                            
05 is approximately $150,000.                                                                                                   
                                                                                                                                
Department of Military and Veterans Affairs                                                                                   
                                                                                                                                
     Item 101                                                                                                                   
     Section: 12(a)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental Need: Transfer RPL 09-5-0001, authorized on July                                                              
     8, 2004, for the Alaska Aviation Safety project from operating                                                             
     to capital ($2,803.0 federal funds).                                                                                       
     Total Funds: zero                                                                                                          
                                                                                                                                
JOHN CRAMER, Director,  Administrative Services Division, Department                                                            
of Military  and Veterans  Affairs, stated  that this request  would                                                            
allow this  funding to move from the  Department's operating  budget                                                            
to  its capital  budget,  as  the  funding would  be  utilized  over                                                            
multiple years.                                                                                                                 
                                                                                                                                
     Item: 102                                                                                                                  
     Section: 12(b)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental Need:  Reappropriation of the estimated balance of                                                            
     $48.5  from the Tudor  Road Combined  Support Maintenance  Site                                                            
     Clean-up  project  (Sec. 1, ch.  135, SLA  2000) for  statewide                                                            
     emergency communications.                                                                                                  
     Total Funds: zero                                                                                                          
                                                                                                                                
Mr. Cramer stated that  the Department has concluded its clean up of                                                            
the Tudor Road  maintenance shop area. This request  would allow the                                                            
remaining balance  of that project's  appropriation to be  dedicated                                                            
to the Alaska Statewide Emergency Communications Program.                                                                       
                                                                                                                                
     Item: 103                                                                                                                  
     Section: 12(c)                                                                                                             
     RDU: National Guard Military Headquarters                                                                                  
     Supplemental  Need: Anchorage  Armory basic telecommunications                                                             
     service;  increased basic telephone  service costs provided  by                                                            
     the  National  Guard  Bureau  for Department  of  Military  and                                                            
     Veterans Affairs offices located in the Anchorage Armory.                                                                  
     $57,200 General Funds                                                                                                      
                                                                                                                                
Mr. Cramer  stated that this request  relates to an increase  in the                                                            
cost  of  providing   basic  telephone  service  expenses   at  Fort                                                            
Richardson.                                                                                                                     
                                                                                                                                
     Item: 104                                                                                                                  
     Section: 12(d)                                                                                                             
     RDU: Air Guard Facilities Maintenance                                                                                      
     Supplemental Need: Network Services Costs for Kulis and                                                                    
     Eielson; network service provided by the Air National Guard                                                                
     $30,900 General Funds                                                                                                      
                                                                                                                                
Mr. Cramer  expressed that this request  would provide for  expenses                                                            
associated with the Statewide  network services for the Air National                                                            
Guard facilities at Kulis and Eielson.                                                                                          
                                                                                                                                
Co-Chair Wilken  inquired to the reason  that network expenses  have                                                            
increased so dramatically.                                                                                                      
                                                                                                                                
Mr. Cramer  informed that  contrary to previous  years, the  federal                                                            
government is  no longer allowing the Department to  chargeback such                                                            
expenses. The  Department of Administration charges  Departments for                                                            
such  services;  however,  these  facilities  do  not  receive  "the                                                            
benefit of those services".                                                                                                     
                                                                                                                                
Co-Chair  Wilken understood  therefore  that due  to the  chargeback                                                            
component being  disallowed by the federal government,  general fund                                                            
dollars are being requested to fund this request.                                                                               
                                                                                                                                
Department of Natural Resources                                                                                               
                                                                                                                                
     Item 106                                                                                                                   
     Section: 13(a)                                                                                                             
     RDU: Fire Suppression Activity                                                                                             
     Supplemental Need: Costs to fight worst fire season in                                                                     
     history.                                                                                                                   
     $36,902,700 General Funds                                                                                                  
                                                                                                                                
NICO BUS, Acting Director,  Division of Support Services, Department                                                            
of Natural Resources, expressed  that this request would address the                                                            
State's "highest" fire  suppression efforts to date, even though the                                                            
season  started  out slower  than  usual.  To  place the  amount  in                                                            
perspective, the entire  Department budget is similar to the cost of                                                            
the FY 05 fire suppression efforts.                                                                                             
                                                                                                                                
Co-Chair Wilken  asked the State's participation in  the North Slope                                                            
Borough's task  force efforts to analyze  last summer's fire  season                                                            
in an attempt to prevent similar events from re-occurring.                                                                      
                                                                                                                                
Mr. Bus deferred to the Division of Forestry.                                                                                   
                                                                                                                                
DEAN BROWN,  Deputy Director,  Division of  Forestry, Department  of                                                            
Natural Resources, testified  via teleconference from Anchorage, and                                                            
stated that  a Departmental  Regional Forester  and other staff,  as                                                            
needed,  have been  attending the  North Star  Borough's task  force                                                            
weekly meetings.  The Department has been "completely  involved" and                                                            
has provided  information in  order for the  task force to  have the                                                            
most complete information available.                                                                                            
                                                                                                                                
Co-Chair Wilken asked whether progress is being made.                                                                           
                                                                                                                                
Ms. Brown  affirmed that  progress is being  made. The task  force's                                                            
findings, combined  with the Division of Forestry  and the Bureau of                                                            
Land Management reports,  and public meeting comments should provide                                                            
"a fairly good picture  of the concerns and issues" that would allow                                                            
fire  suppression  policies  to  be re-evaluated   for coordination                                                             
purposes across all levels: State, local, federal, and public.                                                                  
                                                                                                                                
Co-Chair  Wilken hoped  that  the results  of this  effort would  be                                                            
beneficial.                                                                                                                     
                                                                                                                                
Senator  Bunde asked  for an estimation  of  last summer's  property                                                            
loss, as well  as a projection for the upcoming summer  fire season.                                                            
                                                                                                                                
Co-Chair  Wilken  commented  that while  there  was fire  damage  to                                                            
property, no lives were lost.                                                                                                   
                                                                                                                                
Ms. Brown asked  for a definition of property; specifically  whether                                                            
it  would include  such  things as  residences,  personal  property,                                                            
State forest loss values, Native Corporation losses, and more.                                                                  
                                                                                                                                
Senator Bunde  expressed that he was  seeking the total loss  of all                                                            
entities.                                                                                                                       
                                                                                                                                
Ms. Brown expressed that  the economic value of the forest resources                                                            
lost in the  fire is difficult to  calculate, as the value  of those                                                            
forests  is questionable  as they  are not accessible  by road.  The                                                            
number of  actual structural  losses and  fire suppression  expenses                                                            
could  be provided;  however,  due  to "the  magnitude  of the  fire                                                            
season",  total losses are  still being determined  by the  affected                                                            
entities.                                                                                                                       
                                                                                                                                
Senator Bunde agreed that  there was little high-timber value in the                                                            
fire  areas.  Continuing,  he  voiced hope  that  the  State's  fire                                                            
suppression  plans  for  remote  areas  would  not  be  affected  by                                                            
pressures exerted  from property owners, as it would  be interesting                                                            
to compare  the  actual property  loss  expense to  the $37  million                                                            
expense of the fire suppression.                                                                                                
                                                                                                                                
Ms. Brown  agreed that this  past fire season  was "a real  test" of                                                            
fire suppression policies  in remote areas; however, the interagency                                                            
community considers that  it successfully demonstrated "that limited                                                            
resources can be focused  towards protection of life and property in                                                            
the areas where it needs  to be" while recognizing the historic role                                                            
of fire  in the regeneration  of growth in  areas where it  does not                                                            
threaten life and property.                                                                                                     
                                                                                                                                
Co-Chair  Wilken commented  that due to the  close proximity  of the                                                            
fire, many  communities could have  been in harm's way had  the wind                                                            
shifted. He appreciated  the jobs conducted by the  fire suppression                                                            
crews.                                                                                                                          
                                                                                                                                
     Item: 152                                                                                                                  
     Section: 19(b)                                                                                                             
     RDU: Ratifications Natural Resources                                                                                       
      Supplemental Need: AR37313-04 Fire Suppression Activity                                                                   
     $2,010,200.00 General Funds                                                                                                
                                                                                                                                
Mr. Bus stated  that this request is a ratification  of the expenses                                                            
associated with  June 2004 fire suppression activities.  Total FY 04                                                            
fire  suppression expenses  amounted  to approximately  ten  million                                                            
dollars.  As  the  average  fire  season  costs  approximately   $15                                                            
million, FY 04 was considered a good year.                                                                                      
                                                                                                                                
     Item 107                                                                                                                   
     Section: 13(b)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental  Need:  Reappropriation  of  the Grants  to  Named                                                            
     Recipient: Ketchikan  Area State Parks Advisory Board - $25,000                                                            
     for Areawide  Health, Safety  and Maintenance Upgrades  project                                                            
     to DNR for same purpose.  As originally appropriated, the Board                                                            
     has  no staff  or  the capability  to  receive  and expend  the                                                            
     funds.                                                                                                                     
     Total Funds: zero                                                                                                          
                                                                                                                                
Mr. Bus stated  that due to the fact  that the Ketchikan  Area State                                                            
Parks Advisory  Board has no mechanism  through which to  receive or                                                            
expend money,  this request would  allow this grant to be  processed                                                            
through the State Division of Parks.                                                                                            
                                                                                                                                
Co-Chair Green asked whether  the Grants to Named Recipients program                                                            
was a specific program in the Department of Natural Resources.                                                                  
                                                                                                                                
Mr. Bus  replied that it  is not a Department  of Natural  Resources                                                            
program. He explained that  this grant was a legislative designation                                                            
to the Ketchikan Area State Parks Advisory Board.                                                                               
                                                                                                                                
     Item: 108                                                                                                                  
     Section: 13(c)                                                                                                             
     RDU: Water Development                                                                                                     
     Supplemental Need: Replace non-realizable receipts.                                                                        
     $100,000 General Funds                                                                                                     
     ($100,000) Receipt Supported Services                                                                                      
     Total Funds: zero                                                                                                          
                                                                                                                                
Mr.  Bus  explained  that  this request  would  allow  for  the  re-                                                            
appropriation  of  $100,000  in receipt-supported  services  to  the                                                            
general fund in order to  support the Department's Water Development                                                            
program.  This is necessary  due to  FY 05  Legislative action  that                                                            
switched  $300,000 from  general fund  support for  this program  to                                                            
receipt supported  services funding.  Unfortunately, the  Department                                                            
"is  prohibited  from increasing   fees beyond  what  is  reasonably                                                            
necessary to  cover the expenses";  and as a result, the  Department                                                            
has  been unable  to  fill water  adjudication  positions,  and  has                                                            
fallen behind  in processing water right applications.  Only half of                                                            
the applications  could be processed.  This has negatively  affected                                                            
economic  development in  all areas.  While the  Department has  re-                                                            
allocated  other funding  to address  this issue,  there remains  an                                                            
approximate $100,000 shortfall.                                                                                                 
                                                                                                                                
Co-Chair Wilken  deducted therefore that, since there  is a $300,000                                                            
request for  this program  in the FY 06  budget, the annual  expense                                                            
relating to this program is $300,000.                                                                                           
                                                                                                                                
Mr.  Bus  concurred.  The Department  attempted   to control  FY  05                                                            
expenses  by leaving positions  vacant and  transferring money  from                                                            
other divisions to it.                                                                                                          
                                                                                                                                
Senator Stedman  asked for further information regarding  the source                                                            
of the  added workload,  specifically whether  it pertains  to large                                                            
river or stream water right applications.                                                                                       
                                                                                                                                
Mr.  Bus  exampled  the  types  of  water  right  applications  from                                                            
Southeast  Alaska:   one  from  the  City  of  Sitka,   two  seafood                                                            
processing  applications, and  one from the  Kennicott Greens  Creek                                                            
Mine.  Those  from   the  Northern  region  include  various   city,                                                            
industry,  and mining  applications.  Application  delays result  in                                                            
significant  negative  economic  impact.  Applicants  are unable  to                                                            
apply for bank loans without an approved application.                                                                           
                                                                                                                                
Senator  Bunde asked  whether the  application fee  is based  on the                                                            
size  of  the  project   and  whether  the  current  fee   structure                                                            
sufficiently covers program expenses.                                                                                           
                                                                                                                                
Mr. Bus communicated that  the fees cover the costs of operating the                                                            
program.  Processing  private citizen  water right  applications  is                                                            
currently  secondary  to the  processing  of  economic development-                                                             
related applications.                                                                                                           
                                                                                                                                
Senator Bunde understood  therefore that this is a receipt-supported                                                            
program.                                                                                                                        
                                                                                                                                
Mr. Bus responded  that the charges to the program  have reached the                                                            
funding limit.  Fees could  not be increased,  as the charges  could                                                            
not exceed the cost of operating the program.                                                                                   
                                                                                                                                
Senator Bunde therefore questioned the need for more funding.                                                                   
                                                                                                                                
Mr. Bus  explained  that the  Statute recognizes  $75  as being  the                                                            
reasonable  amount to charge  for the processing  service;  however,                                                            
the  program  cost   might  be  $150.  The  difference   is  due  to                                                            
administrative expenses.                                                                                                        
                                                                                                                                
Senator  Bunde inquired  as  to whether  the  Statute  could not  be                                                            
changed to reflect actual costs.                                                                                                
                                                                                                                                
Mr. Bus responded that  "various functions" within the program could                                                            
not be included in the overall cost assessment.                                                                                 
                                                                                                                                
Senator  Bunde ascertained  therefore that  program expenses  exceed                                                            
the allowable fee level.                                                                                                        
                                                                                                                                
Mr. Bus  voiced  that while  this observation  is  valid, costs  not                                                            
directly related to the application are not considered.                                                                         
                                                                                                                                
Senator  Bunde  expressed   that  the  water  rights  program  is  a                                                            
component of a larger program.                                                                                                  
                                                                                                                                
Co-Chair Green noted that  the request's detailed explanation states                                                            
that,  "the law  provides that  fees may  not exceed  the  estimated                                                            
average reasonable  direct costs of providing the  program". Mr. Bus                                                            
might be including direct and indirect costs in his comments.                                                                   
                                                                                                                                
Mr. Bus acknowledged  that he is referring to total  costs. The fees                                                            
could be altered were the law changed to specify total costs.                                                                   
                                                                                                                                
Co-Chair  Green commented  that  changing  the regulation  could  be                                                            
considered.                                                                                                                     
                                                                                                                                
Co-Chair  Wilken  surmised  that including  the  word  total in  the                                                            
language  could address  this issue.  This issue  should be  further                                                            
discussed.                                                                                                                      
                                                                                                                                
Senator  Bunde voiced  support of  such action,  specifically  as it                                                            
would assist in furthering economic development in the State.                                                                   
                                                                                                                                
Senator  Stedman   asked  for  further  information   regarding  the                                                            
program's  workload.  While  he  understood  that  processing  large                                                            
projects  is primary  due  to their  economic importance,  he  asked                                                            
regarding the number of smaller applicants being processed.                                                                     
                                                                                                                                
Mr. Bus  recalled  that a  few year  prior, the  program received  a                                                            
funding   boost  in   order  to   address  the   backlog  of   small                                                            
applications.  However, the current  funding situation has  mandated                                                            
that  priorities  be  established.  The  Department   would  address                                                            
individual permit applications  were, for example, the potential for                                                            
a conflict to arise between  two parties. Were a request filed for a                                                            
change  to  an existing  residential  water  use,  the  water  could                                                            
continue to be utilized while the permit is pending.                                                                            
                                                                                                                                
Department of Revenue                                                                                                         
                                                                                                                                
     Item: 111                                                                                                                  
     Section: 15(a)                                                                                                             
     RDU: Alaska State Pension Investment Board                                                                                 
     Supplemental Need: Increased managers fees                                                                                 
     $1,100,000 various Retirement Funds                                                                                        
                                                                                                                                
SUSAN   TAYLOR,   Director,   Administrative   Services    Division,                                                            
Department of  Revenue, explained that, "investment  management fees                                                            
are a percentage of the  market value invested" and the Alaska State                                                            
Pension Investment  Board (ASPIB) is requesting $1,100,000  relating                                                            
to various  retirement funds. During  the past several years,  ASPIB                                                            
decreased  this authorization   as a  result of  declining  markets.                                                            
Markets  have  since rebounded.  The  calculation  is  based on  the                                                            
estimated rate  of returns as determined by the State's  consultant,                                                            
Callan &  Associates. The  rate of  return is a  median rate  with a                                                            
five percent increase that  acts, as a "cushion" were the markets to                                                            
perform better  than expected.  This would  serve to avoid  the need                                                            
for additional  authorization  requests.  These funds  could not  be                                                            
used for general operating expenses.                                                                                            
                                                                                                                                
Co-Chair  Wilken noted that  the detailed  language specifies  these                                                            
expenses to pertain to FY 04 fees payable in FY 05.                                                                             
                                                                                                                                
Ms. Taylor  corrected  that this  request  pertains to  FY 05  fees.                                                            
There  must  be  a  typographical  error  in  the  explanation.  The                                                            
increased  fees associated  with the  market rebound  in FY 04  were                                                            
absorbed in the  FY 04 authorization. This would not  be the case in                                                            
FY 05.                                                                                                                          
                                                                                                                                
Co-Chair Wilken  asked whether the  $1.1 million increase  is solely                                                            
due to the increasing value of the State's assets.                                                                              
                                                                                                                                
Ms. Taylor  replied that a  portion of the  amount is the result  of                                                            
other investment  vehicles. For example, 70-percent  of the increase                                                            
is the result of "agricultural managers being added".                                                                           
                                                                                                                                
Senator Stedman  asked whether the State experienced  "a substantial                                                            
reduction  in  management  fees" when  the  value of  its  portfolio                                                            
declined, and whether the  State is now experiencing growth in these                                                            
fees once again due to market rebounds.                                                                                         
                                                                                                                                
Ms. Taylor understood this  to be correct, but noted that this would                                                            
be confirmed.                                                                                                                   
                                                                                                                                
BOB BARTHOLOMEW,  Chief  Operating  Officer, Alaska  Permanent  Fund                                                            
Corporation,  Department of  Revenue, expressed  that the  Permanent                                                            
Fund Corporation (PFC)  experienced the same cycle as the retirement                                                            
systems.  The PFC authorization  for  management fees  in FY  01 was                                                            
$45.5  million; the  current  management  fee authorization  is  $39                                                            
million. Decrements  have been experienced,  "and now we  are in the                                                            
process  of  going  back  up".  He  noted  that  the  PFC  would  be                                                            
requesting  a $1.5 million increase  for management fees  for FY 05.                                                            
Even with this increase,  the PFC authorization would still be below                                                            
the amount required three years prior.                                                                                          
                                                                                                                                
Senator  Stedman asked  that  a chart be  developed  to reflect  the                                                            
various management fee authorizations from year to year.                                                                        
                                                                                                                                
Ms. Taylor affirmed that a chart would be developed.                                                                            
                                                                                                                                
Senator Bunde  understood that the  Fund's management fees  would be                                                            
included in the "Other Funds" component.                                                                                        
                                                                                                                                
Ms. Taylor affirmed.                                                                                                            
                                                                                                                                
Co-Chair  Green  asked regarding  the  types  of entities  to  which                                                            
management fees are paid.                                                                                                       
                                                                                                                                
Ms. Taylor deferred to Mr. Bartholomew.                                                                                         
                                                                                                                                
Mr.  Bartholomew   shared,  for  example,   that  the  PFC   employs                                                            
approximately   16  different  management   firms  for  its   equity                                                            
investments.                                                                                                                    
                                                                                                                                
Senator Bunde  asked whether those  who provide actuarial  advice to                                                            
the retirement systems "also manage the funds".                                                                                 
                                                                                                                                
Mr.  Bartholomew  responded  no; the  retirement  system  employs  a                                                            
separate consultant to perform actuarial duties.                                                                                
                                                                                                                                
     Item: 146                                                                                                                  
     Section: 20                                                                                                                
     RDU: Treasury Division                                                                                                     
     Supplemental Need: Increased managers fees.                                                                                
     $25,000 Constitutional Budget Reserve                                                                                      
                                                                                                                                
Ms.  Taylor stated  that a  sub-fund  of the  Constitutional  Budget                                                            
Reserve  (CBR)  Fund was  invested  in  domestic  and international                                                             
equity in  an endeavor to  garner higher  rates of return.  However,                                                            
financial  markets declined  after it was  established and  managers                                                            
fee  levels  decreased  accordingly.  Recent  market  upswings  have                                                            
resulted  in increased  managers fees  and thus,  the need for  this                                                            
request. Additional funds would also be required in FY 06.                                                                      
                                                                                                                                
Co-Chair  Wilken  recalled  that the  sub-fund  was  allocated  $400                                                            
million in FY 99.                                                                                                               
                                                                                                                                
Ms. Taylor affirmed.                                                                                                            
                                                                                                                                
Co-Chair Wilken understood that the fund had been abolished.                                                                    
                                                                                                                                
Ms. Taylor clarified that  while legislation to this effect had been                                                            
proposed, it had not advanced.                                                                                                  
                                                                                                                                
Senator Stedman understood  that the retirement system establishes a                                                            
target rate  with a specified margin;  that percentage would  be the                                                            
basis for  budgeting  manager fees.  To that point,  a five  percent                                                            
margin on  a target rate  of 8.25 percent  would establish  the base                                                            
for calculating  managers fees at  approximately 13.5 percent.  Were                                                            
"extraordinary  returns" to be experienced, the Department  would be                                                            
required to seek supplemental funding.                                                                                          
                                                                                                                                
Ms. Taylor concurred.                                                                                                           
                                                                                                                                
Senator Stedman  summarized therefore  that a target rate  of eight-                                                            
percent, with  a five-percent margin, would establish  a calculation                                                            
rate of 13-percent  to provide for manager fees. He  understood that                                                            
the rate could  be adjusted throughout the year depending  on market                                                            
performance.                                                                                                                    
                                                                                                                                
Ms.  Taylor   responded  that  the   calculation  is  not   adjusted                                                            
throughout  the year.  The process is  to budget  for more than  the                                                            
target rate.  Were fees  lower than the  authorization, the  balance                                                            
would not be expended.                                                                                                          
                                                                                                                                
Mr.  Bartholomew  informed that  the  Permanent Fund's  manager  fee                                                            
calculations  solely utilize  the median rate  of return and  do not                                                            
include a "buffer".                                                                                                             
                                                                                                                                
Mr. Bartholomew clarified  that the retirement system calculates its                                                            
managers  fees  based  on  a  projected   market  return,  and  then                                                            
increases that  amount by five-percent.  For example, managers  fees                                                            
based on an  eight-percent return,  might amount to $30 million;  an                                                            
additional five-percent,  or $1.5 million, would be added to the $30                                                            
million. It  would be "a five-percent  buffer of their total  budget                                                            
request".                                                                                                                       
                                                                                                                                
Ms. Taylor  affirmed that  the amount  would be  based on the  gross                                                            
budget.                                                                                                                         
                                                                                                                                
Senator Stedman acknowledged the clarification.                                                                                 
                                                                                                                                
     Item: 113                                                                                                                  
     Section: 15(c)                                                                                                             
     RDU: APFC Custody and Management Fees                                                                                      
     Supplemental Need: Increased Managers Fees                                                                                 
     $1,500,000 Permanent Fund Receipts                                                                                         
                                                                                                                                
Mr. Bartholomew  stated  that a  strong equity  market has  occurred                                                            
since the FY 05 budget  was calculated 18 months prior. This has had                                                            
a direct  effect on  the fees. In  addition, the  funds "are  moving                                                            
into asset  classes that  have higher costs  than the standard  bond                                                            
and stock investments  that we've been doing". "A  certain amount of                                                            
the  fee increase  is  related" to  that  change. The  funds  should                                                            
produce  a higher  level of  returns to  compensate  for the  higher                                                            
manager fees.                                                                                                                   
                                                                                                                                
Senator Stedman  noted that the words  "with a lower level  of risk"                                                            
should be added to Mr. Bartholomew's last statement.                                                                            
                                                                                                                                
Mr. Bartholomew  replied  the goal  of changing  to these  different                                                            
asset classes,  is to either obtain a higher return  or to diversify                                                            
in order to  lower risks. "There are  increased costs, regardless".                                                             
                                                                                                                                
     Item: 112                                                                                                                  
     Section: 15(b)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental Need: Alaska Mental Health Trust Authority:                                                                   
     Mobility Coalition grant funds from the U.S Department of                                                                  
     Transportation                                                                                                             
     $500,000 Federal Funds                                                                                                     
                                                                                                                                
Ms.  Taylor   informed  that  this   request  is  included   in  the                                                            
supplemental  bill due to  the fact that  historically this  funding                                                            
had  been appropriated   to the  Department  of  Transportation  and                                                            
Public Facilities  (DOT), but this  year it was appropriated  to the                                                            
Alaska Mental  Health Trust Authority. This request  would allow DOT                                                            
to manage the funds as they have in the past.                                                                                   
                                                                                                                                
In  response  to  a  question  from  Co-Chair   Wilken,  Ms.  Taylor                                                            
clarified  that this request  pertains to  federal funds. The  State                                                            
has already appropriated its $500,000 match.                                                                                    
                                                                                                                                
Co-Chair Wilken asked whether  this request could be included in the                                                            
FY 06 budget.                                                                                                                   
                                                                                                                                
WILLIAM  HERMAN,   Program  Officer,  Alaska  Mental   Health  Trust                                                            
Authority, Department of  Revenue, testified via teleconference from                                                            
an offnet  site and  stated that  the Trust's  intent is to  utilize                                                            
this money  in FY  05. It is  anticipated that  federal funds  would                                                            
also be appropriated in FY 06.                                                                                                  
                                                                                                                                
Co-Chair Wilken  understood therefore that a $500,000  Mental Health                                                            
request would be included  in the State's FY 06 Mental Health budget                                                            
with the anticipation that  $500,000 in federal matching funds would                                                            
again be provided.                                                                                                              
                                                                                                                                
Mr.  Herman  concurred,  but  clarified   that  the  FY  06  federal                                                            
appropriation has not been finalized.                                                                                           
                                                                                                                                
Department of Transportation and Public Facilities                                                                            
                                                                                                                                
     Item 116                                                                                                                   
     Section: 17(a)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental Need: Bids came in higher for Chandalar                                                                       
     maintenance station construction.                                                                                          
     $930,000 General Funds                                                                                                     
                                                                                                                                
NANCY  SLAGLE,  Director,   Division  of  Administrative   Services,                                                            
Department of Transportation  and Public Facilities stated that this                                                            
request  would assist  the  Department  in replacing  the  Chandalar                                                            
maintenance  station   on  the  Dalton  Highway.  The   station  was                                                            
demolished  due to structural  inadequacy  and operations are  being                                                            
conducted  in a tent.  The original structure  replacement  estimate                                                            
was $5.2 million; $2.6  million was allocated in FY 04. However, the                                                            
estimate must  be revised due to recent steel price  increases. This                                                            
funding  request would  allow  the contract  to be  awarded for  the                                                            
shell  of  the  building.  A completion-funding   request  would  be                                                            
included as an amendment to the FY 06 capital budget.                                                                           
                                                                                                                                
Co-Chair Wilken commented that this project must get done.                                                                      
                                                                                                                                
Ms. Slagle  agreed  that this  project has  been an  issue for  many                                                            
years.                                                                                                                          
                                                                                                                                
Co-Chair Wilken  communicated that  the Committee strongly  supports                                                            
completing this station.                                                                                                        
                                                                                                                                
     Item 117                                                                                                                   
     Section: 17(b)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental Need: Adak contract - new federal authority for                                                               
     capital improvements.                                                                                                      
     $3,400,000 Federal Funds                                                                                                   
                                                                                                                                
Ms.  Slagle shared  that  the  Department  of Defense  is  providing                                                            
funding  to  bring  the Adak  airport  facility  and  runway  up  to                                                            
required operation  standards; including construction  of an airport                                                            
rescue and  fire fighting  building, runway  replacement, and  water                                                            
and lighting system upgrades. No State match is required.                                                                       
                                                                                                                                
Senator Bunde understood this to be a private airport facility.                                                                 
                                                                                                                                
Ms. Slagle  replied that the State  is operating the facility  under                                                            
an agreement with the United States Navy.                                                                                       
                                                                                                                                
Senator Bunde  asked whether the airport facility  had been included                                                            
in the federal military base transfer to a Native corporation.                                                                  
                                                                                                                                
Ms. Slagle  replied  in the negative,  and stated  that forthcoming                                                             
Item 121 would  provide further information. The State  received $10                                                            
million in federal  funds in FY 04 in addition to  this funding. The                                                            
agreement authorizing the  State to operate the airport is effective                                                            
for another five years.                                                                                                         
                                                                                                                                
     Item: 118                                                                                                                  
     Section: 17(c)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental  Need:  Emergency  and  Non-routine  Maintenance:                                                             
     Failed  railroad  crossings,   $305.0;  Winter  ice  storm  and                                                            
     avalanche  damage, $50.0; Johnson  River bridge damage,  $218.4                                                            
     $573,400 General Funds                                                                                                     
                                                                                                                                
Ms.  Slagle  stated   that  the  Department  did  not   receive  any                                                            
appropriation   for  this  item  in  the  FY  05  budget   with  the                                                            
understanding  that,  were  any  situation  to arise,  it  would  be                                                            
addressed  through a supplemental  request.  This request  includes:                                                            
the  repair  of  three  failed  railroad  crossings;   overtime  and                                                            
equipment  usages  associated   with  responses  to  winter  weather                                                            
conditions, and  repair work to the Johnson River  Bridge. "An over-                                                            
height  vehicle  hit the  cross members  of  the bridge  and  caused                                                            
extensive damage".                                                                                                              
                                                                                                                                
Co-Chair  Wilken  asked  whether  the  person  responsible  for  the                                                            
Johnson Creek Bridge damage has been identified.                                                                                
                                                                                                                                
Ms. Slagle replied in the negative.                                                                                             
                                                                                                                                
Senator Stedman  inquired whether a person responsible  for damaging                                                            
State property,  such as this bridge, would be held  responsible for                                                            
the repairs.                                                                                                                    
                                                                                                                                
Ms.  Slagle  responded  that  compensation   for  damages  to  State                                                            
infrastructures  would be pursued  either through the individual  or                                                            
through their  insurance carrier. Any recovered funds  would be used                                                            
toward the  repairs. Due  to increased efforts  in this regard,  the                                                            
Department has been increasingly successful.                                                                                    
                                                                                                                                
Senator Bunde asked regarding  the efforts that have been exerted in                                                            
locating the person responsible for the bridge damage.                                                                          
                                                                                                                                
Ms.  Slagle  voiced  being  unfamiliar  with  the  specific  efforts                                                            
exerted in  this regard,  but noted that  this information  could be                                                            
provided.                                                                                                                       
                                                                                                                                
Senator Bunde  asked whether the Alaska State Troopers  are involved                                                            
in the investigation.                                                                                                           
                                                                                                                                
Ms. Slagle responded that, "they typically are".                                                                                
                                                                                                                                
Co-Chair  Wilken informed  that the  State Troopers  are  continuing                                                            
their search for the backhoe that was involved in the incident.                                                                 
                                                                                                                                
Co-Chair   Wilken  voiced   concern  regarding   the  long-standing                                                             
agreement  with the Alaska  Railroad that  the State be responsible                                                             
for railroad  crossing repairs. Continuing,  he noted that  were the                                                            
Railroad  to provide  a franchise  fee  to the State,  that  funding                                                            
could  be  used  toward  this  expense.  A fee  of  one  dollar  per                                                            
passenger would provide sufficient funding for this endeavor.                                                                   
                                                                                                                                
     Item: 119                                                                                                                  
     Section: 17(d)                                                                                                             
     RDU: Anchorage Airport Facilities                                                                                          
     Supplemental Need: Utility cost increases.                                                                                 
     $1,001,400 Internat'l Airport Rev Fund                                                                                     
                                                                                                                                
Ms.  Slagle expressed  that  this request  would  address  increased                                                            
utility fees  associated with the  Anchorage international  Airport.                                                            
In addition to  increased electricity and natural  gas expenses, the                                                            
airport's expansion is also a factor.                                                                                           
                                                                                                                                
     Item: 120                                                                                                                  
     Section: 17(e)                                                                                                             
      RDU: Anchorage Airport Field and Equipment Maintenance                                                                    
     Supplemental Need: Utility cost increases.                                                                                 
     $274,800 Internat'l Airport Rev Fund                                                                                       
                                                                                                                                
Ms. Slagle  informed that this request  would address the  airport's                                                            
equipment maintenance needs.                                                                                                    
                                                                                                                                
     Item: 121                                                                                                                  
     Section: 17(f)                                                                                                             
     RDU: Capital                                                                                                               
     Supplemental  Need: Reappropriate the June 30,  2005 balance of                                                            
     the $10 million appropriation  made in sec. 29(c), ch. 159, SLA                                                            
     2004  for the Adak air  field, estimated  to be $9 million,  to                                                            
     DOT for capital improvements.                                                                                              
     Total Funds: zero                                                                                                          
                                                                                                                                
Ms. Slagle stated  that request would allow for the  reappropriation                                                            
of  the  FY 04  $10  million  federal  fund  appropriation  for  the                                                            
aforementioned   Adak  Airport.  The   original  appropriation   was                                                            
intended as  an operating item, however,  "to correct an  accounting                                                            
issue" within  the Department, this is a request to  place the funds                                                            
in the capital budget.                                                                                                          
                                                                                                                                
Senator  Stedman   inquired  as  to   whether  this  airport   would                                                            
eventually  become self-supporting  rather than being funded  by the                                                            
State.                                                                                                                          
                                                                                                                                
Ms. Slagle  understood that  the State originally  agreed to  manage                                                            
the  airport with  the provision  that  its operation  be  federally                                                            
funded. There was no intent to impact the general fund.                                                                         
                                                                                                                                
Senator  Dyson  commented  that  the  infrastructure   at  the  Adak                                                            
military  base "was  grossly overbuilt".  He described  the base  as                                                            
once being  "the center"  for United States  naval intelligence  for                                                            
the North Pacific.  After the demise  of the Cold War, that  mission                                                            
dissipated; however, things  such as increasing terrorist activities                                                            
might require  its reactivation in the future. In  the meantime, the                                                            
airport is available  as an emergency landing facility  for aircraft                                                            
in the North Pacific. "Lots  of things" support the need to continue                                                            
this airport's "viability".                                                                                                     
                                                                                                                                
     Item: 122                                                                                                                  
     Section: 17(g)                                                                                                             
     RDU: Central Region Facilities                                                                                             
     Supplemental Need: Heating fuel and risk management cost                                                                   
     increases.                                                                                                                 
     $249,900 General Funds                                                                                                     
                                                                                                                                
     Item: 123                                                                                                                  
     Section: 17(h)                                                                                                             
     RDU: Northern Region Facilities                                                                                            
     Supplemental Need: Heating fuel and utility cost increases.                                                                
     $465,500 General Funds                                                                                                     
                                                                                                                                
Ms.  Slagle  stated that  these  requests  represent  the  increased                                                            
utility costs associated with maintaining Department facilities.                                                                
                                                                                                                                
Senator  Bunde  remarked that  there  is  public concern  about  the                                                            
Department's purchasing  of large road construction  equipment, such                                                            
as asphalt  recycling  machines.  Justification  for such  purchases                                                            
should be  reviewed, as the  State should  not compete with  private                                                            
enterprise.                                                                                                                     
                                                                                                                                
Co-Chair  Wilken commented  that  the concern  might  apply to  both                                                            
purchase or lease scenarios.                                                                                                    
                                                                                                                                
Senator Bunde agreed.                                                                                                           
                                                                                                                                
Senator  Stedman  also reported  hearing  similar concerns  in  this                                                            
regard.  He echoed  that the  justification  for  either leasing  or                                                            
purchasing of large equipment should be provided.                                                                               
                                                                                                                                
Co-Chair Wilken noted that  the Finance Committee's DOT subcommittee                                                            
would address this issue.                                                                                                       
                                                                                                                                
Co-Chair  Wilken noted that  the Department's  supplemental  request                                                            
overviews would continue at the next hearing on this bill.                                                                      
                                                                                                                                
The bill was HELD in Committee.                                                                                                 
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Wilken adjourned the meeting at 10:41 AM.                                                                              

Document Name Date/Time Subjects