Legislature(1999 - 2000)

03/27/2000 09:07 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 112                                                                                                              
"An Act establishing the Alaska public building fund;                                                                           
and providing for an effective date."                                                                                           
                                                                                                                                
                                                                                                                                
This was the fourth hearing for this bill in the Senate                                                                         
Finance Committee. Co-Chair Torgerson spoke of a proposed                                                                       
Senate Finance Committee substitute explaining that it                                                                          
addresses his concerns voiced at an earlier hearing.                                                                            
                                                                                                                                
[TAPE MALFUNCTION - Power outage, meeting recessed to wait                                                                      
for generator power.]                                                                                                           
                                                                                                                                
Co-Chair Torgerson continued that the committee substitute                                                                      
limits the legislation to apply only to the eight buildings                                                                     
identified in the fiscal note. Those buildings are: Alaska                                                                      
Office Building, Robert B. Atwood Building, Court Plaza                                                                         
Building, Douglas Island Building, Fairbanks Regional                                                                           
Office Building, Juneau Community Building, Juneau Public                                                                       
Safety Building, and Juneau State Office Building.                                                                              
                                                                                                                                
Co-Chair Parnell moved to adopt, as a workdraft, HB 112, 1-                                                                     
LS0522\D.                                                                                                                       
                                                                                                                                
Senator Green objected to ask about the earlier question of                                                                     
consistency of charging private and government tenants and                                                                      
whether this committee substitute resolves the issue                                                                            
because of the limited number of buildings.                                                                                     
                                                                                                                                
Co-Chair Torgerson responded that the committee substitute                                                                      
doesn't differentiate between private and federal                                                                               
occupancy. He explained that the intent was to limit the                                                                        
Department of Administration from instituting this                                                                              
depreciation calculation and subsequent rent collection on                                                                      
other state-owned facilities.                                                                                                   
                                                                                                                                
Senator Green wanted to know how the committee substitute                                                                       
impacts the depreciation calculation method.                                                                                    
                                                                                                                                
Co-Chair Torgerson stressed that the purpose of the bill is                                                                     
to capture federal and other revenues as rent payments. He                                                                      
continued that the committee substitute recognizes this but                                                                     
doesn't allow the department to expand the process beyond                                                                       
the eight buildings.                                                                                                            
                                                                                                                                
Senator Adams wanted to know if the Administration had                                                                          
plans to include any other state-owned buildings besides                                                                        
the eight identified here.                                                                                                      
                                                                                                                                
ALISON ELGEE, Deputy Commissioner, Department of                                                                                
Administration confirmed the chairman's assessment. She                                                                         
elaborated that these facilities had been selected because                                                                      
they presented the best opportunity to maximize the                                                                             
collection of additional federal and other funds through                                                                        
the agencies located in the facilities. She stated that the                                                                     
Administration did not intend to expand the program before                                                                      
FY 03, after the program operated a full year and was                                                                           
established.                                                                                                                    
                                                                                                                                
There was no objection to the motion and the committee                                                                          
substitute was adopted as a workdraft.                                                                                          
                                                                                                                                
Amendment #1: This conceptual amendment makes a technical                                                                       
correction to page two line six of the committee substitute                                                                     
to delete "unexpected" and insert "unexpended". The amended                                                                     
language reads:                                                                                                                 
                                                                                                                                
"(d) The unexpended and unobligated balance                                                                                     
of an appropriation from the Alaska public                                                                                      
building fund lapses into the Alaska public                                                                                     
building fund at the end of the fiscal year for                                                                                 
which it was appropriated."                                                                                                     
                                                                                                                                
Co-Chair Parnell moved for adoption. Without objection, it                                                                      
was ADOPTED.                                                                                                                    
                                                                                                                                
Co-Chair Torgerson requested that the Administration                                                                            
explain the fiscal note to the Committee.                                                                                       
                                                                                                                                
Ms. Elgee apologized that she could not and that the                                                                            
sponsor's staff had been expected to attend the meeting for                                                                     
the purpose of explaining the fiscal note.                                                                                      
                                                                                                                                
Co-Chair Torgerson told the Committee that David Teal,                                                                          
Director, and Danith Watts, Fiscal Analyst, of the Division                                                                     
of Legislative Finance, as well as other co-chair staff had                                                                     
reviewed the fiscal note. The consensus, according to Co-                                                                       
Chair Torgerson, was that the fiscal note adequately                                                                            
reflected the Committee's intent in establishing the Alaska                                                                     
public building fund. However, he noted that he disagreed                                                                       
with the department's claim that two staff positions would                                                                      
need to be added to implement the program, as indicated on                                                                      
the fiscal note.                                                                                                                
                                                                                                                                
Ms. Elgee explained that the funds allocated on the fiscal                                                                      
note for personal services would be used to offset                                                                              
vacancies for existing positions and that no new positions                                                                      
would be created. She noted that the positions were                                                                             
classified as accounting positions and would manage the                                                                         
bill-paying process and to work with the federal government                                                                     
to secure federal funds. She added that a portion of the                                                                        
funds noted on the fiscal note was intended to help with                                                                        
the vacancy of the facilities planner position.                                                                                 
                                                                                                                                
Senator Wilken asked how the funding for these positions                                                                        
factored in with the supplemental budget request for vacant                                                                     
facilities planner positions. He wanted to know if the                                                                          
total was funding for four positions if the bill and the                                                                        
supplemental request were both adopted.                                                                                         
                                                                                                                                
Ms. Elgee corrected that the intent was to only have two                                                                        
facilities planner positions. She clarified that the                                                                            
funding requested in the supplemental budget was for a                                                                          
contracting officer, which did not apply to this program.                                                                       
She stated that accounting was this program's the greatest                                                                      
need.                                                                                                                           
                                                                                                                                
Co-Chair Torgerson relayed a previous conversation where                                                                        
the question was posed as to how many existing positions                                                                        
that performed the same duties required for this program                                                                        
were in the Department of Transportation and Public                                                                             
Facilities.                                                                                                                     
                                                                                                                                
NANCY SLAGLE, Director, Division of Administrative                                                                              
Services, Department of Transportation and Public                                                                               
Facilities, responded that the department currently does                                                                        
not have any staff that collects rent since rent is not                                                                         
currently charged. She continued that the funding received                                                                      
for building maintenance is general fund dollars. This                                                                          
bill, she said transfers those general funds to other                                                                           
agencies to be combined with other types of funds, such as                                                                      
federal receipts to be paid to the Department of                                                                                
Transportation and Public Facilities as rent.                                                                                   
                                                                                                                                
Co-Chair Parnell asked who currently negotiates leases for                                                                      
state-owned facilities.                                                                                                         
                                                                                                                                
Ms. Slagle replied that the Department of Administration                                                                        
currently performs that function. She said that the                                                                             
Department of Transportation and Public Facilities only                                                                         
deals with state-owned facilities.                                                                                              
                                                                                                                                
Co-Chair Torgerson said this bill affects approximately 30                                                                      
tenants, including state agencies. Of those tenants, he                                                                         
said six would be able to collect federal or other funds,                                                                       
such as the permanent fund. Therefore, he had a hard time                                                                       
understanding why two positions were needed to negotiate                                                                        
two-thirds of the rental agreements with state agencies.                                                                        
                                                                                                                                
Ms Elgee replied that besides the actual collection of rent                                                                     
payments, there was development work required to                                                                                
substantiate the actual replacement value of the buildings,                                                                     
which the depreciation is based upon. She talked about the                                                                      
necessity to reimburse the Department of Transportation and                                                                     
Public Facilities for the maintenance and operations of the                                                                     
facilities noting that this would be additional work.                                                                           
                                                                                                                                
AT EASE 9:28 AM / 9:33                                                                                                          
                                                                                                                                
Co-Chair Torgerson announced his intent to change the                                                                           
fiscal note to reflect funding for only one new position.                                                                       
                                                                                                                                
Co-Chair Torgerson ordered the bill HELD in Committee.                                                                          
                                                                                                                                

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