Legislature(2013 - 2014)SENATE FINANCE 532

02/05/2013 09:00 AM Senate FINANCE


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09:08:25 AM Start
09:09:35 AM SB42
09:55:43 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= SB 42 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS
Heard & Held
Overview
+ SB 29 CRUISE SHIP WASTEWATER DISCHARGE PERMITS TELECONFERENCED
<Above Item Removed from Agenda>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 5, 2013                                                                                           
                         9:08 a.m.                                                                                              
                                                                                                                                
9:08:25 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Kelly called the Senate Finance Committee meeting                                                                      
to order at 9:08 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Kevin Meyer, Co-Chair                                                                                                   
Senator Anna Fairclough, Vice-Chair                                                                                             
Senator Click Bishop                                                                                                            
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Karen Rehfeld, Director, Office of Management and Budget,                                                                       
Office of the Governor                                                                                                          
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB  42    SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
                                                                                                                                
          SB 42 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SENATE BILL NO. 42                                                                                                            
                                                                                                                                
     "An  Act  making supplemental  appropriations,  capital                                                                    
     appropriations,  and   other  appropriations;  amending                                                                    
     appropriations;   repealing    appropriations;   making                                                                    
     appropriations to  capitalize funds; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
9:09:35 AM                                                                                                                    
                                                                                                                                
KAREN REHFELD,  DIRECTOR, OFFICE  OF MANAGEMENT  AND BUDGET,                                                                    
OFFICE OF  THE GOVERNOR, provided a  spreadsheet and summary                                                                    
page  for  the FY13  Supplemental  Bill,  SB 42  (copies  on                                                                    
file).                                                                                                                          
                                                                                                                                
Ms. Rehfeld  looked at  the summary,  and stated  that there                                                                    
was  a  reduction  in  general   funds  requests  of  $2.877                                                                    
million;  a designated  general  funds  request increase  of                                                                    
$4,200; other  funds requests  totaled $24.464  million; and                                                                    
federal  funds requests  totaled $2.864  million. She  noted                                                                    
that  the  total  operating supplemental  request  showed  a                                                                    
decrease of  $3.344 million. She remarked  that the governor                                                                    
had  asked for  an  additional $5.3  million,  based on  the                                                                    
estimates  of  fire  suppression activities  for  FY13.  She                                                                    
pointed out  a request of  $3.4 million in  disaster relief;                                                                    
and $900,000  of that  request was  related to  the previous                                                                    
winter's storms and an anticipation  of spring flooding. She                                                                    
pointed out  the $25 million  general fund decrement  in the                                                                    
Medicaid decrement.  There was  a debt service  reduction of                                                                    
approximately  $6  million  in   general  funds;  and  eight                                                                    
judgments and settlements from the  Department of Law (DOL).                                                                    
The total capital supplemental  items totaled $27.8 million,                                                                    
of which $3.8 million was general funds.                                                                                        
                                                                                                                                
Ms.  Rehfeld  highlighted the  19  sections  of SB  42.  She                                                                    
stated that Section  1 was the operating  numbers portion of                                                                    
the bill.  Section 2 was  the funding summary  by department                                                                    
for  the  individual  items.  Section   3  was  the  capital                                                                    
summary,  followed  by  a  funding  summary  in  Section  4.                                                                    
Section 5  was the funding  summary for all  items contained                                                                    
in both the operating and capital supplemental budget.                                                                          
                                                                                                                                
9:13:17 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld stated that the  language sections began on page                                                                    
8 of  SB 42.  Section 6  related to  Department of  Fish and                                                                    
Game  (DFG)  for  a scope  change  and  additional  industry                                                                    
receipts.  Section  7 was  directed  for  the Department  of                                                                    
Health  and Social  Services (DHSS)  to provide  some carry-                                                                    
forward  of  some bonus  payments  for  DHSS received  as  a                                                                    
result of  their performance managing the  Children's Health                                                                    
Insurance  Program. Section  8  related to  DOL, with  items                                                                    
related to  the settlements  mentioned earlier. There  was a                                                                    
request  for an  increase  in  appropriation for  litigation                                                                    
related to the  fast ferry engines, and to  extend the lapse                                                                    
date of that appropriation through  June 30, 2014. Section 9                                                                    
was for the Department of  Natural Resources (DNR) to extend                                                                    
a lapse  date on  an oil and  gas appropriation  through Jun                                                                    
30, 2015. Section 10 related  to Department of Public Safety                                                                    
(DPS)   for  reappropriation   of   Aircraft,  Hangar,   and                                                                    
Statewide  Facilities Maintenance  to  a statewide  aircraft                                                                    
hangar  improvement project.  Section 11  had two  items for                                                                    
Department  of Revenue  (DOR):  reappropriating funding  for                                                                    
Loussac  Manor project  to be  combined  with other  funding                                                                    
sources for  the San Roberto Mountain  View Development; and                                                                    
a  request to  reappropriate  prior funds  for payment  card                                                                    
security for oil and gas fiscal systems analysis.                                                                               
                                                                                                                                
Ms. Rehfeld looked  at the two parts of  Section 12: ongoing                                                                    
litigation  for the  Ruth Burnett  Sport Fish  Hatchery; and                                                                    
compliance  language  for   federal  right-of-way  receipts.                                                                    
Section 13  related to  debt and  other obligations,  with a                                                                    
request to  replace general funds with  a general obligation                                                                    
(GO)  bond debt  service  with approximately  $1 million  in                                                                    
debt  retirement funds.  Section 13  also requested  a shift                                                                    
for the  international airports  to balance  the utilization                                                                    
of  their construction  funds, with  the receipts  that were                                                                    
received from  their airport customers;  and a  reduction of                                                                    
$5 million debt service for school debt reimbursement.                                                                          
                                                                                                                                
Ms. Rehfeld  stated that  Section 14  outlined a  request of                                                                    
$3.4 million  for disaster relief.  Section 15 was  for fund                                                                    
transfers  to  allow  compliance  with  some  federal  audit                                                                    
findings regarding revenue that  was collected from shooting                                                                    
ranges, waterfowl conservation  stamps, and sanctuary access                                                                    
permits  in the  DFG  fund.  Section 16  was  specific to  a                                                                    
ratification  for fire  suppression  from  the FY12  budget,                                                                    
because it was difficult  to predict the actual expenditures                                                                    
for fire  suppression year by  year. Section 17 was  a lapse                                                                    
of    appropriations,    and    pointed   out    that    the                                                                    
reappropriations  would   have  a  capital   project  lapse.                                                                    
Section  18  was the  retroactivity  piece  related to  fire                                                                    
suppression, with  an effective date  of June 30,  2012; and                                                                    
the DOT  right-of-way receipts were retroactive  to June 30,                                                                    
2012. Section 19 was the effective  date of SB 42: April 14,                                                                    
2013.                                                                                                                           
                                                                                                                                
9:18:46 AM                                                                                                                    
                                                                                                                                
Ms.  Rehfeld  highlighted  the  items  listed  in  the  FY13                                                                    
Supplemental Bill  spreadsheet. Lines 2  and 3 were  for the                                                                    
Alcoholic Beverage  Control (ABC)  Board. The  requests were                                                                    
program  receipts requested  specific  to legal  assistance,                                                                    
and  maintaining an  underage drinking  enforcement program.                                                                    
Both of the requests were in  the FY14 budget. She looked at                                                                    
line  4,  which was  a  request  for the  Alaska  Industrial                                                                    
Development  and  Export  Authority (AIDEA).  She  explained                                                                    
that AIDEA  requested to participate  and assist  in several                                                                    
large project  development and  financing options;  and were                                                                    
seeking  some additional  capacity  to  hire some  technical                                                                    
expertise.  The   $200,000  in   AIDEA  receipts   was  also                                                                    
requested in the governor's FY14  budget. She explained that                                                                    
line 5  related to the  DFG appropriation for  the waterfowl                                                                    
and sanctuary access permit fees  from DFG funds rather than                                                                    
from  program  receipts.  She  stated that  line  6  was  in                                                                    
compliance  with  federal  findings. She  pointed  out  that                                                                    
$303,000 was  requested to deposit shooting  range fees into                                                                    
the fish  and game fund.  She explained  that lines 7  and 8                                                                    
were for the  DHSS, and were for food  service, laundry, and                                                                    
janitorial  contracts at  the Pioneer  Homes. She  explained                                                                    
that  line 9  was a  request  for security  upgrades at  the                                                                    
Office  of Children  Services Anchorage  Regional Office  in                                                                    
response  to recent  security  threats,  and furthered  that                                                                    
there  was a  request in  the  FY14 budget  related to  that                                                                    
item.  Ms. Rehfeld  stated that  line  10 was  a request  to                                                                    
maintain  services   for  child  protection   programs.  She                                                                    
furthered  that line  11  was a  request  for social  worker                                                                    
class  study implementation.  That  study  is now  complete.                                                                    
This request is included in the governor's FY14 budget.                                                                         
                                                                                                                                
9:23:44 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld explained  that line 12 was a  request from DHSS                                                                    
for social  security income and  child support  for children                                                                    
in  State  custody.  There  is  additional  Social  Security                                                                    
Income  and child  support receipts  for protective  custody                                                                    
available. There is also a  reduction of federal funds. This                                                                    
request  was included  in the  governor's  FY14 budget.  She                                                                    
stated  that line  13 was  a fund  source. She  relayed that                                                                    
line 14 was a request  from DHSS for increased medical costs                                                                    
for  clients  in  the Division  of  Juvenile  Justice.  This                                                                    
request  is  included in  the  governor's  FY14 budget.  She                                                                    
explained that line  15 was for an  increase federal receipt                                                                    
authority to  provide cash assistance  and work  services to                                                                    
low-income families  with children  to help them  with basic                                                                    
needs while they work  toward becoming self-sufficient. This                                                                    
request, and  the request  on line 16,  was included  in the                                                                    
FY14 Governor's budget.                                                                                                         
                                                                                                                                
Ms. Rehfeld  reported that line  19 was a request  from DHSS                                                                    
for Health  Care Access and Service  Delivery Evaluation and                                                                    
System Development Funds were  available from the Children's                                                                    
Health  Insurance   Program  Reauthorization  Act   of  2009                                                                    
(CHIPRA)  based  on  the Department  of  Health  and  Social                                                                    
Services' performance  in managing  the CHIP  program. These                                                                    
funds would be  used to help oversee and  manage health care                                                                    
services and Medicaid programs  through evaluation of health                                                                    
care  services   and  delivery.  Studies  to   evaluate  and                                                                    
determine the most cost efficient  and effective delivery of                                                                    
health  care  services and  systems  and  equipment to  help                                                                    
achieve  increased efficiency  and  effectiveness of  health                                                                    
care  delivery and  reporting capabilities  are included  in                                                                    
this request.  The impact of  this supplemental  request was                                                                    
being considered for a FY14 budget amendment.                                                                                   
                                                                                                                                
Ms. Rehfeld  explained that  line 20 was  for a  $25 million                                                                    
decrement  for   savings  from  Medicaid   cost  containment                                                                    
measures.  She  communicated  that  line  21  was  from  the                                                                    
Department  of Labor  and Workforce  Development (DLWD)  for                                                                    
department-wide  unavoidable   lease  cost   increases.  She                                                                    
explained that  line 22  was from  DNR for  fire suppression                                                                    
activity.                                                                                                                       
                                                                                                                                
9:27:13 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld announced  that line 23 was from  DPS to replace                                                                    
federal pass-through  funds from  the Alaska  Highway Safety                                                                    
Office, which  would cover both Driving  Under the Influence                                                                    
(DUI) and  non-DUI related activities. A  similar request is                                                                    
included  in the  FY14 governor's  budget in  the amount  of                                                                    
$2.937  million.  She  shared  that line  25  was  from  the                                                                    
Department   of   Transportation   and   Public   Facilities                                                                    
(DOT/PF, and  was a  request for legal  fees related  to Old                                                                    
Quihaguk Airport;  line 26 was  for storm  water compliance;                                                                    
and  line  27 was  for  maintenance  and operations  of  New                                                                    
Akutan  Airport. She  shared that  line 28  was for  retiree                                                                    
health  insurance   increases  for  Alaska   Marine  Highway                                                                    
Systems unions,  and furthered that certain  retirees in the                                                                    
Alaska Marine  Highway System bargaining units  can elect to                                                                    
remain covered  under their active  health plan  through the                                                                    
North West Marine Welfare  Trust. Recalculations of premiums                                                                    
occur annually, based on claims  and number of participants.                                                                    
Bargaining   Units  include   the  Inland   Boatmen's  Union                                                                    
representing the  Unlicensed Marine Unit;  Marine Engineer's                                                                    
Beneficial  Association; and  International Organization  of                                                                    
Masters, Mates, and  Pilots. She explained that  line 29 was                                                                    
from the  Alaska Court System (COURT)  to provide reasonable                                                                    
accommodations  to  assist a hearing impaired  judge who was                                                                    
appointed to the superior court  bench in Bethel. She stated                                                                    
that line 32 was from  Department of Commerce, Community and                                                                    
Economic  Development  (DCCED)  for the  Petersburg  Borough                                                                    
organization  grant,   and  was  a  one-time   request.  She                                                                    
announced that line  33 was from DOR for  the Alaska Housing                                                                    
Finance  Corporation   (AHFC)  San  Roberto   Mountain  View                                                                    
development project.                                                                                                            
                                                                                                                                
Ms.  Rehfeld  concluded  her presentation,  and  offered  to                                                                    
answer questions.                                                                                                               
                                                                                                                                
9:31:56 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:36:00 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:36:06 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy looked  at line  23, and  wondered if  the                                                                    
request  was   in  place  because  the   federal  government                                                                    
withdrew funds. Ms. Rehfeld replied  that DOT/PF would still                                                                    
receive funding  from the federal government,  but DPS would                                                                    
not receive  the federal  money to  continue the  efforts of                                                                    
the Alaska Highway Patrol.                                                                                                      
                                                                                                                                
Senator  Hoffman looked  at line  27, and  wondered how  the                                                                    
funds would be utilized. Ms.  Rehfeld replied that the funds                                                                    
were  specific to  the  operations of  the  airport on  Akun                                                                    
Island. She  furthered that  there were  a number  of issues                                                                    
associated with  the transportation  between of  the airport                                                                    
on Akun and the City of Akutan.                                                                                                 
                                                                                                                                
Vice-Chair Fairclough joined the meeting.                                                                                       
                                                                                                                                
Senator Hoffman  wondered if there would  be recommendations                                                                    
to the committee to  address Federal Aviation Administration                                                                    
requirements for ease  of access to the  Akutan Airport. Ms.                                                                    
Rehfeld replied  that conversations  and work  regarding the                                                                    
Akutan Airport was ongoing.                                                                                                     
                                                                                                                                
Co-Chair Kelly  requested that the Office  of Management and                                                                    
Budget keep Senator Hoffman  informed regarding his request.                                                                    
Ms. Rehfeld agreed to continue to provide that information.                                                                     
                                                                                                                                
9:39:48 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  wondered  why   there  was  a  request  for                                                                    
additional  $62,500  for  the   ABC  Board.  Co-Chair  Kelly                                                                    
furthered that he would like a  history of the moving of the                                                                    
ABC Board from DPS to  DCCED. Ms. Rehfeld explained that the                                                                    
way  that the  cost allocations  were different  between DPS                                                                    
and DCCED.                                                                                                                      
                                                                                                                                
Co-Chair Meyer  remarked that there  was some debate  in the                                                                    
year prior  regarding the  ABC Board. He  did not  recall an                                                                    
issue regarding extra costs. Ms.  Rehfeld replied that there                                                                    
was  some discussion  of  the difference  in  how the  costs                                                                    
would be  allocated in DCCED's  fiscal note.  She understood                                                                    
that  the amount  of legal  that was  required may  not have                                                                    
been fully addressed in the fiscal note.                                                                                        
                                                                                                                                
Vice-Chair  Fairclough  emphasized   that  she  was  against                                                                    
moving the ABC Board from DPS  to DCCED. While the ABC Board                                                                    
was  in DPS,  the  businesses would  be treated  punitively.                                                                    
Because  of the  lack  of education,  businesses were  often                                                                    
punished,  because  of  their  ignorance.  In  the  previous                                                                    
legislature,  some  felt  that  it would  better  serve  the                                                                    
businesses to be overseen by DCCED.                                                                                             
                                                                                                                                
9:44:57 AM                                                                                                                    
                                                                                                                                
Senator  Bishop  looked  at  line 7,  and  wondered  if  the                                                                    
request was for the Pioneer  homes statewide or for just one                                                                    
location.  Ms.   Rehfeld  replied   that  the   request  was                                                                    
statewide.                                                                                                                      
                                                                                                                                
Senator  Bishop  wondered  if   DHSS  did  not  foresee  the                                                                    
increase in  service costs. Ms. Rehfeld  responded that DHSS                                                                    
knew  there  would be  cost  increases,  felt in  the  prior                                                                    
budget that those costs would  be managed properly, but some                                                                    
unrealized receipts resulted in this supplemental request.                                                                      
                                                                                                                                
Senator  Hoffman looked  at  line 20,  and  wondered if  the                                                                    
request  was  a one-time  request  or  ongoing. Ms.  Rehfeld                                                                    
replied that those efforts were expected to continue.                                                                           
                                                                                                                                
Senator Olson looked at line  9, and wondered if the request                                                                    
would be ongoing. Ms. Rehfeld replied in the affirmative.                                                                       
                                                                                                                                
Senator  Olson felt  that a  construction expense  should be                                                                    
one-time.   Ms. Rehfeld replied  that there would  be pieces                                                                    
of  the construction  that would  be one-time  requests like                                                                    
surveillance cameras, but there would be ongoing costs.                                                                         
                                                                                                                                
Co-Chair Kelly  wondered what  the status  was for  the fish                                                                    
hatchery in  Fairbanks Ms. Rehfeld replied  that there would                                                                    
two pieces in SB  42 related to with page 8,  line 19 of the                                                                    
bill.                                                                                                                           
                                                                                                                                
9:49:06 AM                                                                                                                    
                                                                                                                                
Co-Chair Kelly wondered  where that would be  located in the                                                                    
spreadsheet.  Ms. Rehfeld  replied that  it was  on page  9,                                                                    
line 39.  She shared that  there was a total  $4.775 million                                                                    
requested for  settlements and judgments; $3.638  million of                                                                    
that request was for the  contractor that performed the work                                                                    
on the  hatchery. There was  an additional request  to cover                                                                    
ongoing litigation to  attempt to recover some  of the costs                                                                    
from the company that worked on the building.                                                                                   
                                                                                                                                
Senator Olson looked at line  36 of the spreadsheet. He felt                                                                    
that engine  maintenance should  be considered  an operating                                                                    
expense, rather  than a capital  request. He  expressed that                                                                    
the  Capstone request  should not  be appropriated,  because                                                                    
there should be more a  focus on safety. Ms. Rehfeld replied                                                                    
that  DFG  could   provide  detailed  information  regarding                                                                    
Senator Olson's  concerns. She shared  that the  areas where                                                                    
the  aircrafts  were operated,  did  not  have the  Capstone                                                                    
capability.                                                                                                                     
                                                                                                                                
Senator  Olson  restated that  he  did  not agree  with  the                                                                    
Capstone reappropriation.                                                                                                       
                                                                                                                                
Senator Olson looked  at line 51, and queried  the status of                                                                    
the  significant  erosion  issue in  Kivalina.  Ms.  Rehfeld                                                                    
responded that she did not  know, but agreed to provide that                                                                    
information.                                                                                                                    
                                                                                                                                
SB  42  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Kelly discussed housekeeping.                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
9:55:43 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:55 a.m.                                                                                          

Document Name Date/Time Subjects
FY2013 Supplemental Requests 1-28-13.pdf SFIN 2/5/2013 9:00:00 AM
SB 42
FY2013 Supplemental Summary.pdf SFIN 2/5/2013 9:00:00 AM
SB 42
2 6 13 Sen Kelly Sen Meyer_Kivalina Disaster Relief and Erosion.pdf SFIN 2/5/2013 9:00:00 AM
SB 42