Legislature(2003 - 2004)
04/14/2003 04:01 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 35
"An Act making appropriations for the operating and loan
program expenses of state government, for certain programs,
and to capitalize funds; making appropriations under art. IX,
sec. 17(c), Constitution of the State of Alaska, from the
constitutional budget reserve fund; and providing for an
effective date."
CS FOR SS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj fld)
"An Act making appropriations for the operating and loan
program expenses of state government, for certain programs,
and to capitalize funds; and providing for an effective date."
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 36
"An Act making appropriations for the operating and capital
expenses of the state's integrated comprehensive mental health
program; and providing for an effective date."
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN)
"An Act making appropriations for the operating and capital
expenses of the state's integrated comprehensive mental health
program; and providing for an effective date."
This was the second hearing for these bills in the Senate Finance
Committee.
Department of Military and Veterans Affairs
Senator Robin Taylor, Chair
Senator Fred Dyson
Senator Scott Ogan
Senator Donny Ellis
Senator Taylor stated that the Finance Committee subcommittee for
the Department of Military and Veterans Affairs has accepted the
Governor's proposed budget for the Department.
Co-Chair Green affirmed that the subcommittee has accepted the
Governor's budget proposal, and she asked whether any component of
the budget would require further explanation or discussion.
Senator Taylor replied no, as the budget is self-explanatory. He
acknowledged the cooperation provided by the Department's Adjutant
General/Commissioner Colonel Craig Campbell in the development of
the budget. He communicated that in order to streamline the budget
and reflect personnel changes and other responsibilities for which
the Department is accountable, Colonel Campbell has modified and
shifted various components within the Department's budget.
JOHN CRAMER, Director, Division of Administrative Services,
Department of Military and Veterans Affairs stated that
accommodating the responsibilities of the Office of Homeland
Security created the major changes in the Department's budget. He
noted that another change, as directed by the Legislature, is that
a general fund appropriation would now be the funding source for
the Department's Disaster Relief Fund that addresses emergency
operation activities.
Department of Revenue
Senator Robin Taylor, Chair
Senator John Cowdery
Senator Donny Olson
Senator Taylor communicated that the Finance Committee subcommittee
for the Department of Revenue has approved the Governor's budget
proposal. He commented that it is difficult to reduce the budget of
the Department that "makes money" for the State. He informed that,
while the Department's overall budget has been relatively
consistent from year to year, a few changes would occur in the
Department during the next few years.
Senator Taylor noted that the Department's FY 04 budget includes
monetary reductions in travel, contractual, commodities, and
equipment.
Co-Chair Green asked for confirmation that the subcommittee has
adopted the Governor's budget recommendation for the Department.
SUSAN TAYLOR, Director, Division of Administrative Services,
Department of Revenue, concurred.
Senator Taylor announced that, other than the [unspecified]
reductions that are recommended in the Governor's proposed budget,
the subcommittee could not identify any further reductions that
could occur without harming the Department. He noted that the
Department "has pledged " to conduct further evaluations during FY
04 to determine whether additional savings might be identified for
FY 05.
At ease 4:08 PM / 4:08 PM
Department of Administration
Senator Con Bunde, Chair
Senator Fred Dyson
Senator Gene Therriault
Senator Georgianna Lincoln
Senator Bunde presented an overview of the subcommittee report as
follows.
The Senate Finance Subcommittee has adopted the following FY
04 budget for the Department of Administration. The changes
contained in this budget reflect changes to the Governor's
amended budget. This budget contains $64,913,000 in General
Funds, $1,056,300 in Federal Funds, and $127,065,900 in Other
Funds. It does not contain the funding for the Anchorage Jail
Lease. The $5,264,500 for that lease will be taken up in the
Language Section with the full Finance Committee.
There is a reduction resulting from a request from the Alaska
Mental Health Trust Authority for a reduction in MHTAAR
receipt authority. These reductions appear in the Office of
Public Advocacy and the Public Defender Agency components.
The subcommittee concurs with the administration's effort to
increase efficiency throughout state government and the
Executive Orders introduced by the Governor are reflected in
this budget.
The Subcommittee adopted the following Conditional Language.
Information Services Fund
Conditional Language
This appropriation to the Information Services Fund
capitalizes a fund and does not lapse.
AK Oil & Gas Conservation Commission
Conditional Language
The amount appropriated by this appropriation includes the
unexpended and unobligated balance on June 30, 2003, of the
receipts of the Department of Administration, Alaska Oil & Gas
Conservation Commission receipts account for regulatory cost
charges under AS 31.05.093 and permit fees under AS 31.05.090.
Senator Bunde noted that the full Senate Finance Committee would
further address the funding of the Anchorage Jail Lease. He also
stated that a forthcoming amendment would address and correct the
amount of Alaska Mental Health Trust Authority authorized receipts
(MHTAAR), with the intention to fully fund the Office of Public
Advocacy and Public Defender Agency components in the Mental Health
Court.
Senator Bunde stated that the Division of Senior Services, which is
responsible for the operation of the Pioneer Homes, the Longevity
Bonus Grant Program, the Commission on Aging, and the licensing and
regulating of the Assisted Living Homes Program, has been
transferred to the Department of Health and Social Services. He
communicated that, as the result of separate legislation concerning
the Alaska Public Offices Commission (APOC), the Department's
responsibility for APOC's disclosure functions would be transferred
to the Division of Elections and that associated violations
enforcement would be transferred to the Department of Law. He
stated that this change would save the Department $500,000.
Furthermore, he noted that the Department of Administration rather
than the Department of Public Safety would now be responsible for
the Violent Crimes Compensation Board. In addition, he noted that
the Elected Public Officials Retirement System (EPORS) has been
increased approximately $400,000 as the result of an increase in
retirees, and that the Public Broadcasting's budget would remain
constant at the FY 03 level. He stated that efficiencies within the
Division of Motor Vehicles would result in an additional $500,000
savings.
Senator Hoffman asked for further information regarding the
subcommittee's recommendation to reduce the Labor Relations general
fund budget component by 29-percent as specified on page one of the
"Component Summary-FY 04 Operating Budget-Senate Structure" [copy
on file].
Senator Bunde responded that this reduction occurred at the request
of the Department.
DAN SPENCER, Director, Division of Administrative Services,
Department of Administration explained that this reduction is the
result of a one-time funding allocation for labor contract
negotiations that "was split" over the previous two fiscal years.
He stated that a request to conduct on-going labor negotiations
would be reflected in the capital budget legislation.
Senator Hoffman surmised, therefore, that there would be "no
significant change" in the Labor Relations component other than a
funding source change to the capital budget.
Mr. Spencer concurred; however, he communicated that a $50,000
general fund reduction would result in the elimination of "one
currently vacant Labor Relations analyst position."
AT EASE 4:13 PM / 4:20 PM
University of Alaska
Senator Ben Stevens, Chair
Senator Lyda Green
Senator Gary Wilken
Senator Con Bunde
Senator Robin Taylor
Senator Lyman Hoffman
Senator Donny Olson
Co-Chair Green announced that the Senate Finance Committee
Committee-of-the-Whole "would act" on the University of Alaska's
subcommittee's operating budget recommendation.
Senator B. Stevens presented the subcommittee's budget
recommendation as follows.
University of Alaska
Senate Finance Subcommittee
April 14, 2003
The Senate Finance Subcommittee for the University of Alaska
made the following budget recommendations for FY 04
University budget:
o The subcommittee approves a 1.2% general fund increment
of $2,315.0, to replace the FY03 one-time Alaska
Science and Technology Endowment fund source.
o The subcommittee approves an increment of $136.8
general fund to replace MHTAAR funding.
o The subcommittee increases University Receipt Authority
by $11,244.0 for a total of $249,207.8.
The recommendations for FY04 as compared to the FY03
Management Plan are as follows:
o Increase Federal Funds by $4,077.4 for a total Federal
Fund level of $113,056.4
o Increase Other Funds by $26,833.6 for a total
$323,800.7
The total University of Alaska Funds for FY04 has increased
by $33,097.0 for a total budget of $645,123.9.
Senator B. Stevens requested that the Committee focus on the
"Agency Totals" amount rather than the "Objects of Expenditure"
information as reflected in the spreadsheets that accompany the
report, as he opined, that information is confusing. He noted that,
"in reality," the proposed budget amount would allow the University
Board of Regents to utilize funds as necessary.
Senator B. Stevens communicated that, as depicted in the Totals for
Agencies and Objects of Expenditures detail on the spreadsheet
titled "Agency Totals - FY 04 Operating Budget - Senate Structure,"
the subcommittee's budget report exceeds the Governor's amended
budget proposal by $3,391,800 and exceeds the House of
Representatives' budget proposal by $13.6 million. Continuing, he
stated that the difference between the Senate and House's budget
proposal is the Senate's recommendation of a general fund increase
of $2,451,000 comprised of the aforementioned Alaska Science and
Technology Endowment (ASTF) fund source and the MHTAAR fund
combined with an increase of $11,244,000 in University receipts.
Senator B. Stevens referred the Committee to the report's
accompanying spreadsheet titled "10-year Operating Budget lapse
analysis" that reflects the Management Plan Final budget approval,
Actual Expenditures, and the Lapsed Amounts for the years FY 93
through FY 02. He stated that the "Major Sources of Lapse" column
on the right side of that page identifies whether the source of the
lapsed amounts are federal dollars or University receipts. He noted
that the averages of the Final budget, Actual Expenditures, and
Lapsed Amounts are included at the bottom of the spreadsheet.
Senator B. Stevens pointed out that the University's FY 04 request
includes $18 million in "various" University receipts as well as an
increase of $4 million in federal receipts as identified on the
"Transaction 1-Way Comparison - FY 04 Budget- Senate Structure"
spreadsheet.
Senator B. Stevens pointed out that the Receipt and Lapsed
Authorities, that are comprised of "a lot of different funding
programs that lapse from one year into the next…that multiple year
funding cycle" could be "tied in" with the last sentence of the
Governor's language request as specified on page 37, lines 15 - 17
of Subsection (a) of Sec. 17. Federal and Other Program Receipts,
of Sponsor Substitute for SB 35, Version 23-GS1002\D that reads as
follows.
… and that exceed the amounts appropriated by this Act, are
appropriated conditioned on compliance with the program review
provisions of AS 37.07.080(h).
Senator B. Stevens communicated that the aforementioned review,
which was conducted by Legislative Budget & Audit (LB&A),
"essentially" asks that additional receipt authority be provided to
the University, "in the instance where they may need additional
receipt authority." He specified that this section was eliminated
in the House of Representatives budget proposal bill; however, he
communicated that the Senate subcommittee increased receipt
authority; removed "the need to go to LB&A;" and continued the FY
03 Lapsed Authority level of $29,285,000.
Senator B. Stevens concluded, therefore, that the subcommittee did
three things: retained prior cash funding levels "by backfilling
the ASTF and MTAAR;" excluded language that specified that the
request for additional authority must be authorized by LB&A; and
included the same level of last year's Receipt Authority "in terms
of the amount of Lapsed cushion." He acknowledged that the
subcommittee's funding recommendation, which exceeds that of the
Governor, should not "be perceived as solving the problem"
regarding "the amount of cash" that would be requested, but he
continued it does maintain last year's receipt authority level as
well as last year's "level of actual cash that they've gotten."
Co-Chair Green clarified that the Report's accompanying
spreadsheets are for information only and should not be considered
as part of the subcommittee's document.
Senator B. Stevens concurred. He stated that the spreadsheets have
been provided to provide further information regarding the increase
in receipt authority.
Senator Taylor asked whether the receipt authority would include
State general funds.
Senator B. Stevens responded, no, it would consist of other funds.
He referred the Committee to the general funds requested amount, as
specified in item 1004, and the University Receipts requested
amount, as specified in item 1048, under the "Funding Sources"
heading on the spreadsheet titled "Agency Totals - FY 04 Operating
Budget - Senate Structure."
Senator Taylor clarified that his question referred to the Federal
and University lapsed funding on the aforementioned "10-year"
chart.
Senator B. Stevens responded that the general fund monies that were
allocated to the University never lapsed, as they were expended
every year.
Senator Taylor acknowledged, therefore, that the only money that
lapsed was University and federal receipt money.
Senator B. Stevens confirmed.
Co-Chair Wilken, referring to the spreadsheet titled "Agency Totals
- FY 04 Operating Budget - Senate Structure," stated that the
Senate's proposed budget exceeds that of the Governor by
$3,391,800. He stated that this difference appears to be comprised
of a reduction of $7,852,200 in general funds and an increase of
$11,244,000 in University receipts. He asked Senator B. Stevens
whether this funding proposal aligns with the FY 03 management plan
for the University.
Senator B. Stevens responded that the General Purpose Funding
Summary located on page two of the spreadsheet, denotes that the FY
03 Management Plan total was $206,080,800 and that the FY 04 Senate
subcommittee total for General Purpose Funding is $208,266,800. He
continued that the $2.1 million increase in general funds results
from the $2,451,000 total of ASTF and MHTAAR funding less the
$136,800 MHTAAR funding.
Co-Chair Wilken stated, therefore, that were $7,852,000 in general
funds added to this amount, it would equal the Governor's general
funds component recommendation.
Senator B. Stevens affirmed. He stated that the $7,852,000 combined
with the $208,266,800 would equal the Governor's proposed budget
general funds recommendation of $216,119,000.
Co-Chair Wilken asked for further information regarding what
comprises University receipts.
WENDY REDMAN, Vice President for University Relations, University
of Alaska explained that University receipts are recognized as all
the revenue the University receives in addition to general funds.
She noted that although it is not required, the University chooses
to identify federal funds as a separate entity. She continued that
in the FY 04 budget, "for the first time," all University receipts,
with the exception of general funds and federal funding, would be
identified as University receipts as opposed to previous years in
which some receipts, such as tuition, were identified as separate
budget line items. Therefore, she summarized that, except for state
appropriations and federal funding, everything else including
auxiliary funding, tuition, and private donations would be
accounted for as University receipts.
Co-Chair Wilken stated, therefore, that under the Funding Summary
totals on page two of the "Agency Totals - FY 04 Operating Budget -
Senate Structure," there are three categories: General Purpose
which is general funds; Federal Restricted; and University
Receipts. He understood that although they are depicted as a
separate budgetary item, the federal funding could be identified as
University receipts.
Ms. Redman conferred with David Teal, the Legislative Fiscal
Analyst in the Legislative Finance Division, and responded that
according to State law, federal receipts are recognized as
University receipts. However, she stated that, at the request of
the Legislature, federal receipts are recognized separately.
Co-Chair Wilken clarified that tuition is included in University
receipts. He asked whether a tuition increase would be expected in
FY 04, in addition to the tuition increase experienced in FY 03.
Ms. Redman responded that a ten percent tuition increase would be
implemented in FY 04. Furthermore, she stated that the University
would be requesting that an additional ten percent tuition increase
be approved for FY 05.
Co-Chair Wilken asked how much revenue would be generated by the
tuition increase.
Ms. Redman estimated that, dependent on student enrollment, an
increase of between two and three million dollars in additional
revenue would be generated in FY 04.
Senator Hoffman pointed out that the total agency-funding amount,
as depicted in the spreadsheet titled "Agency Totals - FY 04
Operating Budget - Senate Structure," is $13,695,800, which he
noted, is the total of the three bulleted items on the Subcommittee
report. He asked for further information regarding the Senate
subcommittee's recommendation to exceed the Governor's Amended
Budget Proposal by $3.5 million.
Senator B. Stevens responded that the difference between the
Governor's budget general funds component of $7,852,000 and the
Senate's proposed general funds component of $11,244,000 is in
University receipts. He clarified that the Senate amount resulted
"by backing out" the lapsed University receipt number of
"$29,285,000 minus their request of $18,410,000."
Senator Hoffman surmised therefore that when comparing the Senate's
$249 million budget component to the Governor's amended budget
$237.9 million component, the general fund component must be
included when determining the overall $3 million net difference.
Senator B. Stevens concurred.
Senator Hoffman observed that the Governor's Amended Budget
Proposal, when compared to the FY 03 Management Plan, calls for an
FY 04 increase of 95 full-time and 23 part-time positions. He noted
that this recommendation is mirrored in the subcommittee's request.
Senator B. Stevens confirmed.
Co-Chair Wilken communicated that the House of Representatives
budget proposal includes labor contract intent language that
essentially would require the University to honor those contracts.
Senator B. Stevens expressed that the subcommittee did not address
this issue as it was expected that the full Committee would discuss
it. He noted that the House amended the bill to add that language.
Co-Chair Wilken stated, therefore, that the intent is for the full
Committee to address the issue.
Senator B. Stevens concurred.
Ms. Redman pointed out that, "University receipts are generated
with the support of the general fund." Continuing, she stressed
that were the level of general funds proposed in the Governor's
budget not forthcoming, there would be "absolutely no possibility"
to generate the specified level of University receipts. She
continued that of the $22 million requested by the University, $20
million was attached to general funds that are not included in the
current budget proposal.
Senator Hoffman asked for confirmation that as the budget is
proposed, the specified level of University receipts would not be
obtainable due to the fact the supporting general funds are not
included.
Ms. Redman replied, "that is absolutely correct."
Senator B. Stevens reiterated his earlier statement that this
budget proposal "is not to be construed as replacing general
funds." He questioned Ms. Redman's comment regarding how University
receipts are tied to general funds. In addition, he asked for
further information regarding the $22 million general funds request
by the University.
Ms. Redman responded that the University requested $22 million in
receipt authority for FY 04.
Senator B. Stevens understood that the $22 million was comprised of
$4 million from the federal government and an $18 million increase
over the "almost zero" FY 03 lapsed receipt authority from the
State.
Ms. Redman concurred. However, she stated that the lapsed FY 03
receipt authority data is, as of yet, unavailable. She stated that,
in reality, the University was approximately $3 million under what
had been approved in FY 02 "'Actuals' verses the comparison."
Senator B. Stevens stated that in FY 02, the University's lapsed
receipt amount, as denoted on the "10-year Operating Budget lapse
analysis" spreadsheet was at $29 million. He stressed that the
basis for the subcommittee's receipt authority increase was derived
from the level of lapsed money. He asked how it could be stated
that the receipt authority money is tied to general fund
appropriations when, historically, the University has had up to $40
million in lapsed funds when general funds expenditure budget
levels have been met.
Ms. Redman responded that the University has been able to leverage
the general funds that it has received during the past several
years to generate "a considerable amount of money." She exampled
that in FY 04, there is a request to use $1.5 million in University
receipts as match money to a State Hospital Association nursing
program. She expressed, however, that the corresponding $500,000 in
general fund match money to that $1.5 University receipt money is
not currently included in the budget.
Senator B. Stevens asked whether the general funds that are
appropriated to the University's Board of Regents "are itemized,
line item by line item."
Ms. Redman responded they are not; however, she clarified that the
University treats them as if they were.
Senator B. Stevens concluded that the University's Board of Regents
could designate "at their discretion."
Ms. Redman agreed.
Senator Taylor understood therefore, that because the University
has received "additional" levels of general funds each year, it has
not been required to expend University receipt funds which, in
turn, he stated, allowed the receipt money to lapse.
Ms. Redman responded that this comment would be "too general," as
she explained that each new funding request submitted by the
University specifically denotes the level of "general fund or
receipt authority that would be spent." Continuing, she noted that,
for the past four years, while the Board of Regents "has the
authority to juggle those around if they choose," the specific
amounts, as defined in each request, have been spent.
Ms. Redman exampled that, were the University to be flat-funded in
FY 04, $500,000 in general funds might be taken from another
program to provide the match for the aforementioned nursing program
as it "is a high priority in the State."
Senator Taylor asked whether the University must receive
Legislative authority to expend receipts.
Ms. Redman responded no, as the general funds are allocated as a
single appropriation to the University.
Senator Taylor concluded therefore, that the information
accompanying each receipt authority request "is merely" to provide
the Committee with information regarding the funding that would be
available.
Ms. Redman clarified that, in order to acquire that funding, the
University must receive the "right authority level." She stated
that were the University to receive a lower authority level than
requested, it would be required to return to the Legislature to
request the authority to receive it.
Senator Taylor stated therefore, that by appropriating the
requested funding levels; the University would be able to receive
the projected funding without being required to request further
receipt authority.
Ms. Redman responded, yes, as it would provide the University with
"a cushion" with which the University could investigate new ways to
generate additional monies.
Senator Taylor stated, therefore, that the subcommittee's budget
recommendation would provide the University with the authority and
the "flexibility" to accomplish that goal.
Ms. Redman concurred.
Senator Hoffman understood the testimony to be that, in the
Governor's amended budget, $113.1 million of general funds would be
required to leverage University receipts in order to receive $237.9
million. Continuing, he stated that to accomplish the University's
goal, the Senate's recommended general fund allocation "is short"
that requested by the University by $7.8 million. Therefore, he
asked which University receipt level would be requested: $249.2
million or the original request of $237.9 million.
Ms. Redman responded that, while the University would support the
Senate subcommittee report's request for additional University
receipts, it must be understood that these receipts would not
replace general funds.
Senator Hoffman asked how confident the University would be that it
could achieve the $249.7 million in receipts, were the Legislature
to approve a $213.1 million general fund level.
Ms. Redman stated that the University's confidence level would be
"very high."
In response to a question from Co-Chair Green, Senator Hoffman
clarified that the Governor's amended budget general fund level and
the Senate subcommittee's University receipt number would be
preferred.
Ms. Redman asked Senator B. Stevens to clarify that the
recommendation to remove the University from the LB&A review
language in Sec. 37 of the Governor's bill, Version "D" was because
of the subcommittee's recommendation to increase receipt authority.
Senator B. Stevens confirmed. He stated that this language would
have provided the University the ability to request additional
receipts through LB&A. He noted that this language was removed from
the House of Representatives budget proposal. Continuing, he
clarified that while the subcommittee also omitted the language, it
increased receipt authority.
Co-Chair Wilken echoed an earlier comment spoken by Senator Taylor
during his Department of Revenue budget presentation, in which he
expressed that, "you don't cut the programs that are making you
money." He avowed that the University is a program that is making
money. He stated that "from simply a dollar standard," more than
$40 million in general fund money has been provided to the
University during the previous five years, and that the
University's budget has increased from $400 million to $600
million. Therefore, he contended that the general fund allocation
has returned $200 million in new money to the State. He
characterized this to being better than building an oil well.
Co-Chair Wilken stated that the response to the Governor's budget
proposal was one of "wow, the University got treated well." He
expressed that the Governor's election campaign focused on economic
development in the State, and he contended that this is economic
development as five new dollars have been introduced to the State
for every one-dollar the State has invested. He urged the Committee
to remember both this "vision" and the people's desire to have
education supported in the State, as the budget process continues,
as he asserted, this budget is $7.852 million short of what is
required to fund the University.
Senator Bunde asked how much of that $200 million monetary return
was deposited into the general fund.
Ms. Redman responded that, according to surveys, the University
generates hundreds of millions of dollars and, she asserted that
several thousand jobs are directly attributable to the additional
money that is brought in from such things as research and student
spending.
Senator Bunde reiterated that his question is how has the State's
general fund benefited.
Ms. Redman responded that this is money that is flowing into the
economy of the State.
Senator Bunde agreed that this benefits the economy; however he
declared that because the University does not return money to the
general fund, it could be recognized as "a subsidy for
individuals."
Senator B. Stevens concluded that the subcommittee report
"backfills" the funding voids of ASTF and MATAAR and addresses the
issue of receipt authority.
Senator Taylor moved to adopt the University Budget recommendation.
There being no objection, the budget report was adopted.
Co-Chair Green stated that this concludes the subcommittee budget
reports.
Co-Chair Wilken moved to adopt the balance of the subcommittee
reports with the intent to incorporate them into a committee
substitute.
There being no objection, the subcommittee reports were adopted.
Co-Chair Green announced that a committee substitute would be
developed and presented to the Committee at the next operating
budget legislation hearing.
AT EASE 4:56 PM / 4:56 PM
SFC 03 # 48, Side B 04:56 PM
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