Legislature(1997 - 1998)

04/07/1997 09:12 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       SENATE BILL NO. 55                                                      
                                                                               
       "An Act  relating to  the definition  of certain  state                 
  receipts;      and providing for an effective date."                         
                                                                               
  Annalee McConnell, Director, Office of Management and Budget                 
  was invited to join  the committee.  She said  this bill was                 
  to provide  clean-up  on  last year's  bill.    She  further                 
  referred to the  childrens' trust  and fiscal note  summary.                 
  Senator Parnell  asked about  designated program  receipts.                  
  Ms.  McConnell  further testified  regarding  pioneer homes.                 
  With  proper  supervision and  management they  have brought                 
  down the amount of general fund.   She also offered comments                 
  on the Department  of Fish  and Game and  the Department  of                 
  Public Safety paying for their own housing.                                  
                                                                               
  Senator Phillips commented  on the rental receipts.  He then                 
  moved amendment #1.   Senator Adams objected,  asking how it                 
  affected AHFC.   Ms.  McConnell responded.   Co-chair  Sharp                 
  referred  to  page 2,  line  11.   Ms.  McConnell  said that                 
  reference would come  under rental receipts.   She explained                 
  housing  and   corporate  receipts  and  noted   what  would                 
  specifically be listed under corporate receipts, i.e.  AHFC.                 
  They were listed in this manner for accounting purposes.                     
                                                                               
  Senator  Pearce  said at  this  time she  would  not support                 
  amendment #1.  She referred to the commercial fisheries test                 
  fishing operations that  had a  very restrictive grants  and                 
  gifts  as referred to  on page  3, lines 12  and 13.    With                 
  reference  to  housing and  rental  receipts, while  she was                 
  somewhat sympathetic with the pioneer homes' situation, what                 
  happens when program receipts are put  off of the budget the                 
  Legislature  tends to  not  look as  closely at  the program                 
  during the  budget process.   Then it  is not  noted as  the                 
  program receipts are increased.  She did not want to see the                 
  pioneer  homes  raise  their fees  even  higher  without the                 
  Legislature being a  part of  that decision making  process.                 
  There is a large subsidy at this  time and she would like to                 
  see that brought down.  She  said Mr. Mike Greany, Director,                 
  Legislative  Finance  and   Mr.  Randy  Welker,  Legislative                 
  Auditor had  real concerns  about pushing  too many  program                 
  receipts off budget.  They would prefer program  receipts be                 
  brought  back in as  straight general fund  receipts and not                 
  try to  account for  them separately.   Before  the bill  is                 
  moved   from  committee   and   before   there  is   further                 
  consideration  of  amendment  #1 she  would  prefer  to have                 
  further  conversation  with   Legislative  Finance  and   in                 
  particular with LB&A and audit staff.                                        
                                                                               
  Senator  Phillips  said  the  only  reason  he  brought  the                 
  amendment  up was  because  he was  testing water.   Senator                 
  Phillips  said he did  have concerns about  the pioneer home                 
                                                                               
                                                                               
  receipts and  wanted the  issue flushed  out.   He felt  the                 
  appropriate place was before this committee.                                 
                                                                               
  Ms. McConnell said  she appreciated  the comments raised  by                 
  Senator Pearce about whether this gets left to scrutiny.  In                 
  talking to AHFC staff  or the board or over  at occupational                 
  licensing one would find even though  those have not been in                 
  the  same   GF  category,   the  Administration  very   much                 
  scrutinized  those  and  actually turned  down  some  of the                 
  requests for increments  in both  the operating and  capital                 
  budget.   It was felt  even though  those areas in  AHFC and                 
  some  of  the other  corporations  are  not part  of  the GF                 
  picture,  money was  money and the  non-GF areas  should not                 
  have less  scrutiny than  others.   However,  unless one  is                 
  careful, they will get less scrutiny.                                        
                                                                               
  Senator Phillips withdrew his amendment #1.                                  
                                                                               
  Senator  Adams  asked  about  the  total amount  of  program                 
  receipts  to  date  and  what   would  the  effect  of  this                 
  particular piece of legislation be.  Ms.  McConnell said the                 
  total designated program receipt amount was $53.4 million in                 
  the budget as  amended.  She  did not  have the GF  figures.                 
  She indicated, however, she would have  a tally for the next                 
  meeting.  Co-chair Sharp  asked that she also  include total                 
  housing receipts.   Ms. McConnell  referred to amendment  #1                 
  and  said  according  to  Jim  Baldwin,  Assistant  Attorney                 
  General, if it  were adopted the  AHFC receipts would  still                 
  come  under the  AHFC portion  because it  clarified all  of                 
  them.                                                                        
                                                                               
  Co-chair Sharp further referred to the pioneer home and said                 
  he  wanted  further information.    Since the  escalation of                 
  rates in the  pioneer homes and the  estimate in the FY  '97                 
  budget,  the  total  estimated  program receipts  that  were                 
  loaded into  the  budget  for  the  pioneer  homes  did  not                 
  materialize,  thereby  resulting  in  a  shortfall  for  the                 
  pioneer homes.  It  had been running close to  $700 thousand                 
  shortfall.  He did not know  if this had been narrowed down.                 
  He did not what ramifications this would now have to further                 
  exacerbate the present problems.                                             
                                                                               
  Sharon Barton, Department of  Administration was invited  to                 
  join the committee.  She said that though it looked early on                 
  in the  fiscal  year the  pioneer  homes' revenue  would  be                 
  short, during the last  half of the year revenues  have been                 
  coming in much better.   It is  looking much better now  and                 
  the full amount may be achieved as projected for this fiscal                 
  year.   She offered  her comments  on the  proposal for  the                 
  pioneer homes and asked  the committee to take another  look                 
  at it and said the department would be  happy to provide any                 
  background information that helped.   They do work  with the                 
  residents,  families of residents and staff  of the homes to                 
  achieve full  cost of  care.  Full  cost of care  means that                 
                                                                               
                                                                               
  full cost of  care is charged,  but full  cost of care  will                 
  never  be collected  because  many can  not pay  it.   It is                 
  difficult  to sell the  proposal because  the money  is just                 
  considered as  general funds.  They believe  they are paying                 
  for their cost in the home  and it makes the job of  selling                 
  the   full cost of care a very  difficult one.  General fund                 
  program receipts are now $9.9 million  in the '98 budget out                 
  of a proposed total  $31 million budget.  She  believed that                 
  with a remaining  $20 million in straight general  funds the                 
  program would receive  a very close  scrutiny both from  the                 
  Administration and from  the Legislature for years  to come.                 
  She felt the scrutiny issue was therefore moot.                              
                                                                               
  Co-chair Sharp referred  to the  screening process and  what                 
  about those  who cannot pay or  can only partially  pay.  He                 
  felt the reference  to full cost  of care would put  extreme                 
  pressure  on those  screened  for  admittance and  screening                 
  those out that do not  have the funds to meet the  increased                 
  rates.    That  would force  those  not  being  able to  pay                 
  anything  or in  the least not  the full  rate to end  up in                 
  facilities that  would  cost twice  as much  as the  pioneer                 
  home.   The  State would  not win  in that  situation.   The                 
  screening  process has  been very  fair, he noted,  at least                 
  from his  district.   It would  seem, however,  the pressure                 
  would get a  little greater on  the screening people as  the                 
  responsibility of the full  cost of care fell on  new people                 
  coming in.  Ms. McConnell said this had been a valid concern                 
  and the  department had  been careful  to be  very clear  in                 
  their policy that  full cost  care was for  those who  could                 
  afford it and  if full cost  of care could  not be  afforded                 
  still no one would be denied admission or kicked out.                        
                                                                               
  Senator Pearce again referred to page  3, line 13.  Language                 
  would be added that  would include contracts.   Gift, grants                 
  and bequests  were  already  included.   She  asked  for  an                 
  example of contracts  or dollars restricted by  federal law.                 
  Ms. McConnell indicated that the  best example under federal                 
  law was the WIC  program.  They are  not actually a  federal                 
  fund but they come restricted by  federal law as to how they                 
  can be  used.   They  must  be used  for the  WIC  nutrition                 
  program.  There are very few examples under federal law.  In                 
  the attachment to  the fiscal note  they are broken down  by                 
  category and one can see what is listed under each category.                 
   She  also   noted  contractual   arrangements  with   local                 
  governments.   They would also be covered under that portion                 
  of the bill.  Contracts  with private industry, specifically                 
  AVTECH, and  other training  courses to  be paid  for by  an                 
  employer that  has requested  specifically  the training  be                 
  held  at AVTECH.    Other  contracting  could be  done  with                 
  departments, i.e.  a local  road project  contracted to  the                 
  Department of  Transportation who  is already  doing a  road                 
  project in the community.  She  continued on with restricted                 
  fees which included teacher certificates, followed by  state                 
  and federal law  restrictions.   Most of those  were in  the                 
                                                                               
                                                                               
  Department of Commerce  or Department  of Health and  Social                 
  Services.                                                                    
                                                                               
  Senator Donley  referred to  page 2,  line 11  of the  bill,                 
  corporate  fees,  and  asked  if  Alaska  Tourism  Marketing                 
  Council was  included under that.   Ms. McConnell  said they                 
  were listed under contractual arrangements.  It was shown as                 
  a  designated   program  receipt  rather  than  a  corporate                 
  receipt.  The corporate receipts would cover AHFC, permanent                 
  fund corporation and AIDEA.                                                  
                                                                               
  Senator Adams  referred to  the last  page of  the bill  and                 
  asked what would  happen if the Alaska  Railroad Corporation                 
  were to be deleted  so that the program receipts  would come                 
  to the Legislature and then they could be reappropriated.                    
                                                                               
  Jim Baldwin,  Assistant Attorney General, Department  of Law                 
  was  invited to join  the committee.   He said  that just to                 
  take  the Alaska Railroad out  would not change the section.                 
  Senator Adams asked what would happen  then if a new section                 
  were  added.  Mr.  Baldwin continued  saying that  under the                 
  present section  it only  defines program  receipts.   Using                 
  Senator Adams  suggestion,  the Railroad's  income would  be                 
  considered unrestricted  general funds.   He  said that  was                 
  similar to another  bill moving  through the Legislature  in                 
  both  the House and the Senate,  which would accomplish that                 
  purpose.   The Legislature  has the  power of  appropriation                 
  over all funds in the state  treasury.  There had never been                 
  a definition  of what  the term  "state treasury"  included.                 
  Nor a court case defining it.  It would be  legally possible                 
  to do that, but he was  not sure the title in this  bill was                 
  broad enough.                                                                
                                                                               
  Senator Torgerson also  referred to  page 3, line  13.   Ms.                 
  McConnell said  funds were restricted  by federal law.   WIC                 
  was not federal funds but its' use was federally restricted.                 
                                                                               
  Senator  Adams  referred  to  legislative  oversight.    Ms.                 
  McConnell   concurred  and   said   there  would   still  be                 
  legislative oversight.                                                       
                                                                               
  In response to  a previous question by  Senator Parnell, Ms.                 
  McConnell said the  police standards academy was  added back                 
  in when it was reevaluated this year.                                        
                                                                               
  Co-chair   Sharp   asked    committee   members   and    the                 
  administration to  be ready with additional  information and                 
  amendments.   He held the bill  in committee.   There was no                 
  one available  in the audience, either from  agencies or the                 
  public that wished to offer any  testimony.  He reviewed the                 
  schedule  for tomorrow, including  tomorrow morning  at 9:00                 
  a.m. full closeouts for the University and the Department of                 
  Natural Resources.   He further  reminded committee  members                 
  the 6:00 p.m. meeting tonight was cancelled.  Senator Pearce                 
                                                                               
                                                                               
  indicated  that if  the  closeouts  moved  quickly  tomorrow                 
  morning the evening ones would be moved up accordingly.                      
                                                                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Co-chair Sharp  adjourned the  meeting at  10:22 a.m.  until                 
  tomorrow morning at 9:00 a.m.                                                
                                                                               

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