Legislature(2001 - 2002)

02/20/2001 07:01 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 74                                                                                                         
     "An Act making supplemental and other appropriations; and                                                                  
     providing for an effective date."                                                                                          
     ."                                                                                                                         
                                                                                                                                
                                                                                                                                
Department of Health and Social Services                                                                                      
                                                                                                                                
     Section 5 (a)                                                                                                              
     Department of Health and Social Services                                                                                   
     Energy Assistance Program Budget Review Unit (BRU)                                                                         
     Additional federal funds for Low Income Heating and Energy                                                                 
     Assistance (LIHEAP) grants.                                                                                                
     $3,351,300 federal funds                                                                                                   
                                                                                                                                
JANET  CLARKE,  Director,   Division  of  Administrative   Services,                                                            
Department  of Health  and  Social Services,  testified  that  these                                                            
federal funds  are a result  three unbudgeted  releases in  December                                                            
2000. One release,  she explained,  came about after an increase  in                                                            
the block  grant  by the US  Congress as  a result  of the  Balanced                                                            
Budget  Act. She  stated  that the  other  two increases  relate  to                                                            
contingency  funds that were  released to all  50 states due  to the                                                            
high costs of fuel.                                                                                                             
                                                                                                                                
Ms. Clarke remarked  that the entire amount would  be distributed as                                                            
grants to  approximately  8,600 households  and that all  households                                                            
that qualify  under the  low-income guidelines  would receive  these                                                            
funds.                                                                                                                          
                                                                                                                                
     Section 5 (b)                                                                                                              
     Department of Health and Social Services                                                                                   
     Medicaid BRU                                                                                                               
     Replace FY 01 funds, which had to be used in July to pay prior                                                             
     year Medicaid claims to assure continuous payment of claims in                                                             
     April.                                                                                                                     
     $8,970,100 federal funds                                                                                                   
     $6,030,000 statutory designated program receipts                                                                           
                                                                                                                                
Ms. Clarke  testified this  request is for  claims received  in June                                                            
2000, which the department  did not have sufficient authorization to                                                            
pay. She noted  that the item has been "pushed forward"  into FY 01.                                                            
                                                                                                                                
Co-Chair  Donley asked if  the department,  "used 2001 funds  to pay                                                            
off 2000 debt."                                                                                                                 
                                                                                                                                
Ms. Clarke  explained  that in  the state's  accounting system,  the                                                            
Medicaid program is operated  on a "cash-basis". She elaborated that                                                            
the department  pays bills  when they are  received rather  than the                                                            
date of service.  She stated that these bills were  received in June                                                            
2000, and that  because the department  did not have adequate  funds                                                            
to pay them, the department delayed payment until July 2001.                                                                    
                                                                                                                                
Senator Leman  wanted to know if any  of the payments made  were for                                                            
services  not authorized  by  the legislature  within  the last  two                                                            
years.                                                                                                                          
                                                                                                                                
Ms Clarke assured  that they were not. She stated  that the services                                                            
are all authorized under the Medicaid statute.                                                                                  
                                                                                                                                
Senator  Green  asked if  the  supplemental  request arose  from  an                                                            
underestimate  of the  need  for services,  the number  of  patients                                                            
served, or increased expenses.                                                                                                  
                                                                                                                                
Ms.  Clark  replied  all  were  a  factor   and  remarked  that  the                                                            
department "severely  underestimated" the amount of  Medicaid claims                                                            
in FY 00.  She noted that  although the  legislature appropriated  a                                                            
supplemental request  during the last legislative  session, the cost                                                            
of Medicaid  services consistently  rose above  what the  department                                                            
predicted.                                                                                                                      
                                                                                                                                
Senator  Green  commented  that $22  million  was  appropriated  the                                                            
previous session  and, added to the  $15 million request  before the                                                            
Committee, the FY 00 underestimation totals $37 million.                                                                        
                                                                                                                                
Ms. Clarke  stressed that  the original appropriation  was  based on                                                            
the lowest possible caseload and expenditure scenario.                                                                          
                                                                                                                                
Senator Green  wanted to know if the increases were  a reflection in                                                            
the  number of  people requiring  services,  if more  services  were                                                            
being  provided  to  a  static  number  of  patients,  a  matter  of                                                            
increased medical costs, or a combination.                                                                                      
                                                                                                                                
Ms. Clarke  replied that it is a combination  of an increase  in the                                                            
number of patients being  served and higher medical costs. She noted                                                            
the   increases  in   pharmaceutical   costs  plus   the   increased                                                            
utilization of medical services.                                                                                                
                                                                                                                                
Senator  Green  asked  if  a  particular  state  or  federal  action                                                            
accounted for the increase in the number of participants.                                                                       
                                                                                                                                
BOB LABBE, Director,  Division of Medical Assistance,  Department of                                                            
Health  and Social  Services, explained  that  federal requirements                                                             
play a part in  the increase. He gave prescription  drug mandates as                                                            
an example  where the state  has little choices.  He also noted  the                                                            
increasing  costs of  health care  for the disabled  along with  the                                                            
larger elderly  caseload.  However, he pointed  out the legislative                                                             
decision  to expand  coverage  to more  children  under the  KidCare                                                            
program.  He stated  that medical  costs  are going  up faster  than                                                            
anticipated and that the  percentage increases are consistent across                                                            
the nation.                                                                                                                     
                                                                                                                                
Senator Green  asked how much of the  underestimation is  attributed                                                            
to KidCare costs.                                                                                                               
                                                                                                                                
Mr. Labbe responded it would take time to get that information.                                                                 
                                                                                                                                
Senator Green requested those figures.                                                                                          
                                                                                                                                
Co-Chair  Donley   asked  for  an  explanation  of  the   $6,030,000                                                            
statutory  designated  program  receipts  (SDPR).  "Where  did  that                                                            
number come from?" he asked.                                                                                                    
                                                                                                                                
Ms. Clarke offered a brief explanation of the Pro-share program.                                                                
                                                                                                                                
Co-Chair  Donley expressed  that he was more  interested in  knowing                                                            
why that dollar amount was requested.                                                                                           
                                                                                                                                
Ms. Clarke responded that  the $15 million that the department could                                                            
not  pay in  FY 01  is  a combination  of  federal funds  and  state                                                            
matching funds.  She explained the $6 million SDPR  would be used as                                                            
a state match  to claim the $8.9 million  federal funds,  which is a                                                            
60/40 percent  ratio. She  continued that the  revenue, or  the cash                                                            
the department would receive  for the SDPR, comes from the Pro-share                                                            
program.                                                                                                                        
                                                                                                                                
Co-Chair Donley again asked  if the $6 million figure is an estimate                                                            
and if the state already has that amount in SDPRs.                                                                              
                                                                                                                                
Ms. Clarke  referred  to testimony  given the  previous legislative                                                             
session where  the department stated that the Pro-share  receipts it                                                            
could generate  are governed by the  "upper limit calculation."  She                                                            
reminded that  if the department pays  out $18 million, $10  million                                                            
is returned which could  be freed for state match purposes. She said                                                            
the department calculated  that upper limit in the spring of 2000 to                                                            
be $20  million.  She relayed  that over  the previous  summer,  the                                                            
federal  government became  interested  in states'  use of the  Pro-                                                            
share funds and  considered shutting down the program.  As a result,                                                            
she stated that  the department recalculated its upper  limit as $28                                                            
million in July 2000.                                                                                                           
                                                                                                                                
Ms. Clark spoke of the  overlap between the state and federal fiscal                                                            
years. She remarked that  it is in the state's best interest to make                                                            
an additional Pro-share  payment to offset the increased upper limit                                                            
calculation during the  first quarter of the state's FY 01, which is                                                            
the final quarter of the federal fiscal year.                                                                                   
                                                                                                                                
Senator Wilken  relayed that his office  has been contacted  several                                                            
times with  complaints that  the Family Centered  Services  has been                                                            
closed for  the remainder of the fiscal  year due to lack  of funds.                                                            
He asked if any  of the supplemental appropriation  would be used to                                                            
reopen the center                                                                                                               
                                                                                                                                
Ms.  Clarke   replied  that  the   facility  was  impacted   by  the                                                            
department's  action  the previous  summer  to immediately  pay  all                                                            
valid  Medicaid  claims.  She admitted  that  there  was  a "gap  in                                                            
payment" to nonprofit agencies  such as the Family Centered Services                                                            
and as a result of cash-flow problems.                                                                                          
                                                                                                                                
Senator  Wilken wanted  to know  if the  facility  would be  further                                                            
affected before the end of FY 01.                                                                                               
                                                                                                                                
Ms. Clarke stated that  assistance, including technical training and                                                            
support,  has been  given to  the facility  to ensure  the  Medicaid                                                            
claims are correct so they could be paid promptly.                                                                              
                                                                                                                                
Mr. Labbe added that several  meetings have been held and a plan was                                                            
being devised  to maintain the facility's viability.  He warned that                                                            
without  adequate funding  through  the supplemental  budget,  there                                                            
would  continue to  be cash-flow  problem in  the Medicaid  program,                                                            
which impacts the provider community.                                                                                           
                                                                                                                                
Senator  Wilken  then asked  if the  $15  million requested  in  the                                                            
governor's  fast track supplemental  budget  is adequate funding  to                                                            
avoid future shut downs.                                                                                                        
                                                                                                                                
Mr. Labbe  stated that the  $15 million request  only addresses  the                                                            
Pro-share  payment made in  July 2000. He  stressed that  additional                                                            
funds  were requested  in  SB 73,  the regular  supplemental  budget                                                            
request.                                                                                                                        
                                                                                                                                
Senator  Green did  not understand  why  this request  needed to  be                                                            
included in the fast track supplemental.                                                                                        
                                                                                                                                
Ms. Clarke  responded that  the department  has a cash-flow  problem                                                            
with the Medicaid  program because the department  was making larger                                                            
Pro-share payments than anticipated.                                                                                            
                                                                                                                                
Senator Green referred  to the method under which Pro-share operates                                                            
and  how the  funds  are  reinvested,  and asked  if  federal  funds                                                            
replace state funds.                                                                                                            
                                                                                                                                
Co-Chair  Kelly  explained,  "We are  matching  federal  money  with                                                            
federal money."                                                                                                                 
                                                                                                                                
Senator Green then asked  if there is a net use of state funds or if                                                            
the federal funds were just shifted.                                                                                            
                                                                                                                                
Ms. Clarke  replied  that the state  funds are  needed initially  to                                                            
make the first payment.                                                                                                         
                                                                                                                                
Senator Green  wanted to know if the  state really needed  to expend                                                            
funds.                                                                                                                          
                                                                                                                                
Ms. Clarke answered the  state had to make the up-front payment to a                                                            
government  operated  hospital, which  would retain  ten-percent  of                                                            
that payment and return  90-percent to the state. She continued that                                                            
the 90-percent could then  be used as a state match to reimburse the                                                            
initial payment, and therefore requiring no general funds.                                                                      
                                                                                                                                
Senator  Green  found  it difficult  to  consider  this  fast  track                                                            
request, without  also considering the regular supplemental  request                                                            
at the same  time. She expressed that  the state could not  continue                                                            
to pay  for Medicaid  in this manner.  She was  concerned about  the                                                            
impact in the future.                                                                                                           
                                                                                                                                
Ms. Clarke  stressed  that the  department operates  the program  in                                                            
accordance with  all requirements and would continue  to do so until                                                            
the rules  change.  She emphasized  that eligible  participants  are                                                            
entitled to services.                                                                                                           
                                                                                                                                
Senator Green  asked if the guidelines  were set in federal  mandate                                                            
or state statute.                                                                                                               
                                                                                                                                
Mr. Labbe  replied that it  is a combination  of both and  explained                                                            
there are mandatory  services and mandatory client  groups under the                                                            
federal Medicaid  program and that  there are also state  options on                                                            
services and groups.                                                                                                            
                                                                                                                                
Senator  Green wanted  to  know if  the state  has cost-containment                                                             
control only over the state-option portions of the program.                                                                     
                                                                                                                                
Mr. Labbe mentioned the  options including reimbursement levels paid                                                            
to providers.                                                                                                                   
                                                                                                                                
Senator  Green  asked  if  the  state  or  the  federal   government                                                            
determines  "how you get in the front  door", or "who qualifies  for                                                            
what services".                                                                                                                 
                                                                                                                                
Mr. Labbe  responded  that the  state chose  to  participate in  the                                                            
Medicaid  program  several   years  after  the  federal  system  was                                                            
established.  As a result,  he said,  in order  to participate,  the                                                            
state had to  agree to cover certain  people and to provide  certain                                                            
services.  He noted  that the state  added additional  services  and                                                            
groups of people who qualify for the program.                                                                                   
                                                                                                                                
Senator  Green  then  asked  if  the  state  has  investigated  cost                                                            
containment options to possibly curtail this "upward spiral".                                                                   
                                                                                                                                
Mr.  Labbe shared  that the  department  has a  "fairly aggressive"                                                             
utilization management  program and he detailed the provider reviews                                                            
conducted and  software packages utilized.  He stressed that  Alaska                                                            
has one  of the better  systems in the county  for editing  incoming                                                            
claims from providers.  He qualified that there is  a large caseload                                                            
and  general service  costs.  He spoke  of  the state  statutes  and                                                            
regulations  that govern  reimbursement  for hospitals  and  nursing                                                            
homes.  He opined  that the state's  reimbursement  rates were  "not                                                            
unreasonable".                                                                                                                  
                                                                                                                                
Co-Chair Kelly  referenced action  taken by the legislature  and the                                                            
department for  FY 99 to refrain from funding abortions  through the                                                            
state. He asked  if the funds in question  were being used  for that                                                            
purpose.                                                                                                                        
                                                                                                                                
Ms. Clarke  responded that none of  the funds contained in  the fast                                                            
track supplemental were intended for that purpose.                                                                              
                                                                                                                                
Co-Chair Kelly then asked  if during the exchange of Pro-share funds                                                            
with the federal  government, the  funds are always contained  under                                                            
the Hyde  Amendment or whether  at any time  they could be  used for                                                            
public funding of abortion.  He wanted to know, "does it ever change                                                            
from federal money?"                                                                                                            
                                                                                                                                
Ms. Clarke did not know.                                                                                                        
                                                                                                                                
Co-Chair  Kelly requested  the witness  provide  an answer  sometime                                                            
during the legislative session.                                                                                                 
                                                                                                                                
Ms. Clarke  delved into  one reason  this item  was included  in the                                                            
fast track supplemental.  She stated that the US Congress  has taken                                                            
steps to shut  down the Pro-share  program, and that the  program is                                                            
in  a transition   stage.  She pointed  out  that  the  Health  Care                                                            
Financing Administration  (HCFA) issued regulations  in January 2001                                                            
that would severely  curtail the Pro-share program.  She shared that                                                            
the  Department of  Law advises  that  if the  additional  Pro-share                                                            
payment  were  made within  60  days, when  the  regulations  become                                                            
effective,  the payment would fall  under the upper limit  contained                                                            
in the current guidelines.  If payment were delayed, she warned, the                                                            
payment would  be subject to the updated  regulations and  therefore                                                            
only be eligible for $20 million federal funds.                                                                                 
                                                                                                                                
Department of Revenue                                                                                                         
                                                                                                                                
     Section 9 (b)                                                                                                              
     Department of Revenue                                                                                                      
     Administration and Support BRU                                                                                             
     Emergency replacement of air conditioner in computer room                                                                  
     $31,500 general funds                                                                                                      
                                                                                                                                
MIKE  MAHER,   Director,   Division  of   Administrative   Services,                                                            
Department of Revenue,  testified that the current system is over 19                                                            
years  old and  has  been experiencing  malfunctions.   He spoke  of                                                            
$13,000 in repairs  invested in the system and the  $3,000 to $4,000                                                            
damage  caused  to  computer  systems as  a  result  of overheating                                                             
malfunctions.  He shared  that the  servicing  company has  stressed                                                            
that the unit  has exceeded its usefulness. He listed  the permanent                                                            
fund program and the Tax  Division as important programs that depend                                                            
upon the system.                                                                                                                
                                                                                                                                
Co-Chair  Donley asked  if the  department had  existing funds  that                                                            
could be used for this purpose.                                                                                                 
                                                                                                                                
Mr.  Maher responded  that  the department  did not  have  dedicated                                                            
funds and  had planned to  upgrade the system  to try to extend  its                                                            
life for a couple more years, before the recent troubles arose.                                                                 
                                                                                                                                
Senator Leman  referred to mineral deposits found  in the water flow                                                            
system  and wondered  if that  could  be the  cause of  some of  the                                                            
malfunctions.                                                                                                                   
                                                                                                                                
Mr. Maher  was unsure  whether the  system had  a water filter,  but                                                            
stated that  part of the  difficulties were  with the water  flow as                                                            
well as the  building's booster pump  failures, which automatically                                                             
cause the system to shut down.                                                                                                  
                                                                                                                                
Senator Leman  asked if the  corrosion of  piping was a problem  for                                                            
the entire building or just this area.                                                                                          
                                                                                                                                
Mr. Maher answered that  it was affecting the entire building, which                                                            
he stressed is over 30 years old.                                                                                               
                                                                                                                                
     Section 10 (a)                                                                                                             
     State Debt                                                                                                                 
     Appropriate remaining balance of the general obligation bond                                                               
     redemption fund to the debt retirement fund                                                                                
     $102,200 other funds (source not specified)                                                                                
                                                                                                                                
     Section 10 (b)                                                                                                             
     State Debt                                                                                                                 
     Additional appropriation needed to meet FY 01 debt service                                                                 
     obligations.                                                                                                               
     $639,800 general funds                                                                                                     
                                                                                                                                
                                                                                                                                
DEVIN  MITCHELL,  Debt Manager,  Treasury  Division,  Department  of                                                            
Revenue stressed  the need to meet  the state's obligations  related                                                            
to  its   Certificates   of  Participation   in   the  School   Debt                                                            
Reimbursement  program. He  testified that  the reason this  item is                                                            
included  in the  fast track  supplemental  request  is because  the                                                            
payment   is  due   before  the   regular  supplement   funding   is                                                            
appropriated.  He warned that  if the funds  were not provided  in a                                                            
timely manner, the state  would be unable to pay on its obligations.                                                            
                                                                                                                                
Mr. Mitchell explained  that because two different  programs utilize                                                            
the debt retirement  fund, one being  the School Debt Reimbursement                                                             
program, which  reimburses municipalities for their  debt, the state                                                            
has issued  a large amount  of debt in the  past several years  as a                                                            
result  of  HB 281  and  SB 11  from  the twenty-first  legislative                                                             
session.  He detailed  that the  Department of  Education and  Early                                                            
Development  must   make  an  appropriation  request   based  on  an                                                            
estimation   of   the   required   reimbursement    based   on   the                                                            
municipalities'  estimates of their annual debt issuance.  He stated                                                            
that the Department  of Education  and Early Development's  estimate                                                            
is $4 million,  but that part of the  appropriation appears  to have                                                            
been  accounted  twice in  the  FY 01  budget.  He stated  that  the                                                            
department had been able  to use funds carried forward from previous                                                            
years  to address  this in  the past,  but  that this  would not  be                                                            
possible in  the current year, due  to the double accounting  of the                                                            
funds.                                                                                                                          
                                                                                                                                
Department of Transportation and Public Facilities                                                                            
                                                                                                                                
     Section 11 (4)                                                                                                             
     Department of Transportation and Public Facilities                                                                         
     Northern Region Facilities BRU                                                                                             
     Deadhorse Combined Facilities project funded from the                                                                      
     Federal Aviation Administration lease                                                                                      
     $53,600 federal funds                                                                                                      
                                                                                                                                
KURT PARKAN, Deputy  Commissioner, Department of Transportation  and                                                            
Public Facilities,  testified  that the  department anticipated  the                                                            
Federal Aviation  Administration  (FAA) funds  for the joint  use of                                                            
the  Deadhorse  facility for  the  FAA flight  service  station.  He                                                            
stated that  the department has a  Memorandum of Understanding  with                                                            
the FAA regarding the 35-year  lease of a portion of the state-owned                                                            
facility. He added  that the FAA pays the maintenance  costs of that                                                            
building, which is the reason for this appropriation.                                                                           
                                                                                                                                
     Section 11 (3)                                                                                                             
     Department of Transportation and Public Facilities                                                                         
     Capital BRU                                                                                                                
     Delong Mountain airport access study                                                                                       
     $281,900 federal funds                                                                                                     
                                                                                                                                
Mr.  Parkan  detailed  the  "earmarked"   project  from  the  Alaska                                                            
Congressional  delegation, which is located on the  Chukchi Sea near                                                            
Kotzebue and  serves as the port for  the Red Dog Mine. He  spoke of                                                            
the difficult  access to  the mine, noting  that the funds  would be                                                            
used  to  study the  feasibility  of  constructing  an  airstrip  to                                                            
provide access to the mine  and surrounding communities. He stressed                                                            
the need for the  fast track approval due to the impending  lapse of                                                            
the grant.                                                                                                                      
                                                                                                                                
Senator Austerman  noted the $9.4 million construction  estimate and                                                            
wanted assurance that there  is no match requirement from the state.                                                            
                                                                                                                                
Mr. Parkan affirmed  that there is no state funding  requirement and                                                            
listed  other projects  that also  qualified. He  stressed that  the                                                            
department would  not conduct the study but rather  funnel the funds                                                            
to the Alaska  Industrial Development and Export Authority  (AIDEA).                                                            
                                                                                                                                
Senator Wilken  wanted to know if  the constructed airport  would be                                                            
restricted to certain users.                                                                                                    
                                                                                                                                
Mr. Parkan  did not  know specifically,  but  noted that  facilities                                                            
built with federal funds are required to be publicly accessible.                                                                
                                                                                                                                
Senator  Wilken understood  that  the Delong  Mountain  Road is  not                                                            
accessible for  all users and requested the witness  investigate the                                                            
matter.                                                                                                                         
                                                                                                                                
Mr. Parkan agreed to do so.                                                                                                     
                                                                                                                                
Senator  Wilken  then  asked  who would  maintain  and  operate  the                                                            
facility once it was constructed.                                                                                               
                                                                                                                                
Mr. Parkan  responded that AIDEA is  taking full responsibility  and                                                            
would contract for that service.                                                                                                
                                                                                                                                
Senator  Wilken   asked  if  the  Red  Dog  Mine/Cominco   would  be                                                            
responsible.                                                                                                                    
                                                                                                                                
Mr. Parkan stated he would  ask about the relationship between AIDEA                                                            
and  Cominco  and   whether  the  corporation  would   provide  some                                                            
reimbursement.                                                                                                                  
                                                                                                                                
Senator Wilken requested answers to these questions.                                                                            
                                                                                                                                
Senator  Hoffman  asked if  this  project  were approved,  would  it                                                            
affect other airport projects contained in the six-year plan?                                                                   
                                                                                                                                
Mr. Parkan answered that it would not.                                                                                          
                                                                                                                                
     Section 11 (1)                                                                                                             
     Department of Transportation and Public Facilities                                                                         
     Capital BRU                                                                                                                
     Fairbanks International Airport equipment storage maintenance                                                              
     facility to be funded with Passenger Facility Charges                                                                      
     $905,000 International Airports Revenue Fund                                                                               
                                                                                                                                
     and                                                                                                                        
                                                                                                                                
     Section 11 (2)                                                                                                             
     Department of Transportation and Public Facilities                                                                         
     Capital BRU                                                                                                                
     Fairbanks International Airport safety and maintenance                                                                     
      equipment to be funded with Passenger Facility Charges                                                                    
     $1,065,000 International Airports Revenue Fund                                                                             
                                                                                                                                
Mr. Parkan  explained that  the state's  international airports  had                                                            
begun to charge  Passenger Facility  Charges (PFC) maintenance  fees                                                            
to passengers  after  receiving  approval  from the  FAA in  October                                                            
1999. He shared  that the department  submitted a request  to exempt                                                            
those  travelers residing  in communities  not connected  by a  road                                                            
system and the  subsequent decision to delay collection  of the fees                                                            
until  this  exemption  was  enacted. He  detailed  the  process  of                                                            
gaining approval, which was received in April 2000.                                                                             
                                                                                                                                
Mr. Parkan  then  addressed the  need for  the fast  track  approval                                                            
caused  by the  FAA requirement  that the  state  must expend  funds                                                            
within two  years of the initial approval  date of October  1999. He                                                            
noted that  the department  must have a contract  in place,  and the                                                            
equipment purchased before  the deadline. He continued that a second                                                            
reason for fast tracking  the funds is to capture part of the summer                                                            
2001  construction  season and  build  an enclosed  building  before                                                            
winter with final work  completed during the winter of 2001. He said                                                            
that if  the project were  delayed a year,  the cost of the  project                                                            
would rise due to inflation.                                                                                                    
                                                                                                                                
     Section 11 (5)                                                                                                             
     Department of Transportation and Public Facilities                                                                         
     Capital BRU                                                                                                                
     Copper River Highway work done under the Consent Agreement                                                                 
     $400,000 general funds                                                                                                     
                                                                                                                                
Mr. Parkan explained  this is the final piece of the  consent decree                                                            
of the  lawsuit pertaining  to  construction along  the highway  and                                                            
that it would settle the  lawsuit and allow construction projects to                                                            
continue. He warned  that if this payment were not  made, the matter                                                            
would return to court and all previous progress would be lost.                                                                  
                                                                                                                                
Senator Hoffman wanted  to know the cost of not making this payment.                                                            
                                                                                                                                
Mr. Parkan  could  not anticipate  the  amount, but  noted that  the                                                            
department's  attorney's  fees  are "extraordinary"   even when  not                                                            
involved in a lawsuit.                                                                                                          
                                                                                                                                
Senator  Hoffman  wanted  information  from the  Department  of  Law                                                            
regarding the consequences if the case were to continue.                                                                        
                                                                                                                                
Senator  Green  assumed  that  some  of  the  Copper  River  Highway                                                            
projects  included  in  the  supplemental  budget  could  have  been                                                            
anticipated  and  therefore spared  from  the supplemental  or  fast                                                            
tracked budgets.                                                                                                                
                                                                                                                                
Mr. Parkan replied  that discussions with the US Corps  of Engineers                                                            
occurred  in  the  fall  of  2000  and  that  the  funds  should  be                                                            
appropriated to capture the summer construction season.                                                                         
                                                                                                                                
Co-Chair  Donley commented,  "We're finally  trying to build  a road                                                            
somewhere and this is what happens."                                                                                            
                                                                                                                                
                                                                                                                                
SFC 01 # 19, Side B 07:48 PM                                                                                                    
                                                                                                                                

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