Legislature(2001 - 2002)

04/19/2002 04:08 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR HOUSE BILL NO. 403(FIN) am(brf sup maj fld)(efd fld)                                                                
     "An  Act making  appropriations  for  the operating  and  loan                                                             
     program  expenses of state  government, for certain  programs,                                                             
     and to capitalize funds."                                                                                                  
                                                                                                                                
     SENATE BILL NO. 289                                                                                                        
     "An  Act making  appropriations  for  the operating  and  loan                                                             
     program  expenses of state  government, for certain  programs,                                                             
     and to capitalize funds; making  appropriations under art. IX,                                                             
     sec.  17(c), Constitution  of the  State of  Alaska, from  the                                                             
     constitutional  budget  reserve  fund;  and providing  for  an                                                             
     effective date."                                                                                                           
                                                                                                                                
     CS FOR HOUSE BILL NO. 404(FIN)                                                                                             
     "An Act  making appropriations  for the operating  and capital                                                             
     expenses of the state's integrated comprehensive mental health                                                             
     program; and providing for an effective date."                                                                             
                                                                                                                                
     SENATE BILL NO. 288                                                                                                        
     "An Act  making appropriations  for the operating  and capital                                                             
     expenses of the state's integrated comprehensive mental health                                                             
     program; and providing for an effective date."                                                                             
                                                                                                                                
                                                                                                                                
Department of Health and Social Services                                                                                      
                                                                                                                                
JAY LIVELY, Commissioner, Department of Health and Social Services,                                                             
testified  that  some  aspects of  the  budget  "significantly  and                                                             
negatively impact the health and welfare of Alaskans."                                                                          
                                                                                                                                
JANET  CLARKE,  Director,  Division  of  Administrative   Services,                                                             
Department of Health and Social Services, noted the proposed budget                                                             
contains no funds for labor cost  increases and also makes a three-                                                             
percent reduction to administrative  service, and that as a result,                                                             
it would be more difficult to accomplish duties.                                                                                
                                                                                                                                
Ms.  Clarke  pointed  out  the  committee  substitute  contains  no                                                             
unallocated reduction  and compared this to the "major  unallocated                                                             
reduction" passed  by the House of Representatives.  She also noted                                                             
that many increments are not funded in the Senate Finance committee                                                             
substitute, specifically the Governor's request for the Smart Start                                                             
initiative.                                                                                                                     
                                                                                                                                
Ms. Clarke  addressed "cuts to the  base." She listed a  20 percent                                                             
reduction  of $4.4 million  to alcohol treatment  grants, and  as a                                                             
result, approximately  1,300 fewer people would receive  treatment,                                                             
waiting  lists would  be longer and  the time  before treatment  is                                                             
received would increase.  She spoke of the "maintenance  of effort"                                                             
required of this  program by the federal government  to qualify for                                                             
block grant funding. She explained that with the proposed amount of                                                             
State funding, the  federal block grant would be reduced  in FY 04,                                                             
and  she  translated  this  into  a  reduction  of  the  number  of                                                             
residential  treatment beds in all  locations except Anchorage  and                                                             
Fairbanks. She added that the Youth Residential Services program in                                                             
Anchorage would need to be closed as well.                                                                                      
                                                                                                                                
Ms. Clarke  informed  the Committee  of the  Alcohol Safety  Action                                                             
Program  that helps  the court  system monitor  those arrested  for                                                             
Driving  Under the  Influence  offenses.  She stated  the  proposed                                                             
budget  would reduce  funding  for this  program  by $528,100.  She                                                             
warned that  this would  eliminate the  newly established  Juvenile                                                             
Alcohol Safety  Action Program  as well as  require the closure  of                                                             
five of  the eight grantee  offices; those  located in  Dillingham,                                                             
Ketchikan, Kodiak, Mat-Su and Seward.                                                                                           
                                                                                                                                
Ms. Clarke next spoke to the $289,100 reduction to the base funding                                                             
amount for  the community-based  suicide prevention program,  which                                                             
would  result  in  19  fewer  communities   receiving  grants.  She                                                             
commented  these grants amount  to approximately  $15,000 each  and                                                             
that "this  program goes a long  way to getting, in many  villages,                                                             
counselors in those villages to help in that area."                                                                             
                                                                                                                                
Ms. Clarke expressed concern about the $2 million funding reduction                                                             
to the Chronic and  Acute Medical Assistance (CAMA)  program, which                                                             
serves those who  are terminally ill, or have one of  the following                                                             
diseases:  diabetes, seizure  disorder, chronic  mental illness  or                                                             
hypertension. She  noted that recipients of these program  benefits                                                             
have  no other  insurance  coverage and  also  have monthly  income                                                             
levels no greater  than $300 and no  more than $500 in  assets. She                                                             
informed this program currently serves over 1,200 Alaskans annually                                                             
and that the proposed funding amount would allow only 600 people to                                                             
be served in FY 04.                                                                                                             
                                                                                                                                
Ms.  Clarke  then told  of  the  impact of  the  proposed  $400,000                                                             
reduction  to the public  assistance field  services office,  which                                                             
would require the elimination of 17 caseworker positions located in                                                             
Anchorage, Fairbanks, Juneau, Mat-Su, Kenai and Bethel. She pointed                                                             
out these  caseworkers assist  poor Alaskans  to become more  self-                                                             
sufficient.                                                                                                                     
                                                                                                                                
Ms. Clarke  reminded the  Committee that the  budget passed  by the                                                             
House of Representatives  contains a $7 million unallocated  budget                                                             
reduction for  the Department. She  shared that the Department  has                                                             
identified methods to adjust to  this reduction, including changing                                                             
the infant learning program into  a needs based program. She stated                                                             
that the  budget subcommittee  implemented  many of the  identified                                                             
methods into its recommendations.   She stressed that the change to                                                             
the infant learning program was  proposed as a concept that has not                                                             
been researched. Therefore, she  advised that actual implementation                                                             
and success  of  such a  change is  unknown. She  assured that  the                                                             
Department  "would  make every  effort"  to implement  the  changes                                                             
successfully.  She relayed  concerns  of grantees  questioning  the                                                             
feasibility of adapting to the budget reduction.                                                                                
                                                                                                                                
Ms. Clarke listed the approximately $200,000 reduction to Emergency                                                             
Medical Service (EMS) grants and described the "critical lifesaving                                                             
volunteer  medical  services" and  "a  lot of  bang  for the  buck"                                                             
provided by this program.                                                                                                       
                                                                                                                                
Co-Chair Donley asked the total  budget of this program and whether                                                             
the amount the witness characterized  as a reduction from the prior                                                             
year is actually a request for additional funds that was denied.                                                                
                                                                                                                                
Ms. Clarke  listed the total  budget of $1.7  million in FY  02 and                                                             
stated the committee  substitute appropriates $200,000  fewer funds                                                             
for FY 03.                                                                                                                      
                                                                                                                                
Senator  Austerman asked  if the  program is  funded entirely  with                                                             
general funds.                                                                                                                  
                                                                                                                                
Ms. Clarke responded that general funds primarily fund the program.                                                             
                                                                                                                                
Ms. Clarke next addressed tobacco-related  programs, informing that                                                             
the proposed FY 03 budget does not reduce the FY 02 base funding of                                                             
$2.5  million. However,  she  pointed out  that  the additional  $4                                                             
million requested  by the Governor is necessary due  to legislation                                                             
passed the  previous year  establishing the  Tobacco Education  And                                                             
Cessation  Fund. She  explained this  fund requires  the use  of 20                                                             
percent  of  all settlement  receipts  for  tobacco  education  and                                                             
cessation programs.                                                                                                             
                                                                                                                                
Co-Chair Donley asked the amount  necessary to reach the 20 percent                                                             
requirement   of  the   Tobacco   Education   and  Cessation   Fund                                                             
legislation.                                                                                                                    
                                                                                                                                
Ms. Clarke answered approximately $2 million.                                                                                   
                                                                                                                                
Ms. Clarke  stated that  the appropriation  proposed for  Community                                                             
Mental Health  Services is a $900,000  reduction to the FY  02 base                                                             
funding amount. She stated that the Department would be required to                                                             
reduce all  support for general  community mental health  and limit                                                             
grants to those with severe emotional  disturbance or those who are                                                             
chronically  mentally  ill,  as  these  are  the  people  requiring                                                             
immediate  service. She  warned that  state services  would not  be                                                             
available  to  the remainder  of  people  diagnosed with  a  mental                                                             
illness, and consequently, early intervention could not occur.                                                                  
                                                                                                                                
Ms. Clarke stressed that the Division of Family and Youth Services,                                                             
is critical  to protecting  children  from abuse  and neglect.  She                                                             
noted the  committee substitute  contains  no reductions to  "front                                                             
line" social workers, foster care  and subsidized adoption; however                                                             
it proposes to reduce  funding for family preservation  grants. She                                                             
described  the  prevention  aspects   of  this  program,  including                                                             
assisting   parents,  reunification   activities,  intensive   pre-                                                             
placement services, and follow-up care for families. She summarized                                                             
that although  no new  increments are funded,  child protection  is                                                             
funded at the FY 02 level.                                                                                                      
                                                                                                                                
Ms. Clarke listed other "critical functions" that are funded in the                                                             
committee substitute at the FY  02 level, including increased labor                                                             
costs:  juvenile  justice,  epidemiology  services,  public  health                                                             
nursing, developmentally disabled grants and the Alaska Psychiatric                                                             
Institute.                                                                                                                      
                                                                                                                                
Senator Wilken asked if the entire amount of EMS Grants is utilized                                                             
for equipment  purchases  or whether  any portion  is utilized  for                                                             
staff expenditures.                                                                                                             
                                                                                                                                
Ms. Clarke  replied that most  of the funds  are used for  training                                                             
activities.  She noted  none of the  grant funding  is expended  on                                                             
equipment.                                                                                                                      
                                                                                                                                
Mr. Livey added that volunteers  primarily operate this program and                                                             
that this program provides training for search and rescue teams and                                                             
fire fighters throughout the State.                                                                                             
                                                                                                                                
Senator  Wilken  indicated  his  priority  is to  obtain  the  best                                                             
equipment possible for this program.                                                                                            
                                                                                                                                
Senator  Wilken  referenced  a letter  addressed  to him  from  the                                                             
Fairbanks North Star Borough [copy  not provided] regarding changes                                                             
to  the  Community   Matching  Grant  Program.  He   asked  for  an                                                             
explanation of said changes.                                                                                                    
                                                                                                                                
Ms. Clarke  affirmed the committee  substitute proposes  changes to                                                             
the Community  Matching Grant  Program, which  is a "pass  through"                                                             
program  to  Anchorage   and  Fairbanks.  She  informed   that  the                                                             
unallocated  budget reduction contained  in the budget  approved by                                                             
the  House of  Representatives  included  the elimination  of  this                                                             
program. She said the initial recommendation  of the Senate Finance                                                             
budget  subcommittee was  to retain  the program  but reduce  it 50                                                             
percent. She noted that after hearing  the concern of the Fairbanks                                                             
North Star Borough, the subcommittee's  final recommendation was to                                                             
reduce  funding for  the program  by 25  percent, or  approximately                                                             
$425,000 from FY 02.                                                                                                            
                                                                                                                                
Senator  Wilken asked  if the reduction  to this  program would  be                                                             
"spread equally across all programs".                                                                                           
                                                                                                                                
Ms.  Clarke emphasized  this  program only  provides  funds to  the                                                             
Municipality of Anchorage and the Fairbanks North Star Borough.                                                                 
                                                                                                                                
Senator Green  pointed out that  since the subcommittee  report was                                                             
submitted, legislative staff and  representatives of the Department                                                             
have been  making efforts to secure  alternate funding for  the EMS                                                             
Grants program.                                                                                                                 
                                                                                                                                
Senator  Olson cited  the Department's  impact  statement [copy  on                                                             
file], noting the elimination of funding for alcohol and drug abuse                                                             
residential  treatment programs in  all locations except  Anchorage                                                             
and Fairbanks. He  asked why the Anchorage and Fairbanks  locations                                                             
were "preserved".                                                                                                               
                                                                                                                                
Ms. Clarke  understood the  decision was based  upon the number  of                                                             
people  served, the  size of  the urban  programs  along with  "the                                                             
belief that  they could cover  the rest of  the State". She  stated                                                             
that it was determined "this was the best of a very bad situation                                                               
retrenchment into those large communities."                                                                                     
                                                                                                                                
Senator Olson  asked the number  of treatment center programs  that                                                             
would be eliminated.                                                                                                            
                                                                                                                                
Ms. Clarke replied that she would provide that information.                                                                     
                                                                                                                                
Department of Labor and Workforce Development                                                                                 
                                                                                                                                
REMOND HENDERSON,  Director, Division  of Administrative  Services,                                                             
Department  of  Labor   and  Workforce  Development,   thanked  the                                                             
Committee for passing SB 262, which establishes the building safety                                                             
fund. He noted  this proposed budget  does not provide  funding for                                                             
inspectors  although  the  other  legislation   provides  necessary                                                             
funding for these positions.                                                                                                    
                                                                                                                                
Senator  Olson asked  the consequences  of failing  to inspect  the                                                             
boilers.                                                                                                                        
                                                                                                                                
Mr. Henderson replied it is a matter of safety of the 6,000 boilers                                                             
that must be inspected  and could possibly explode  if not properly                                                             
maintained.                                                                                                                     
                                                                                                                                
Senator  Olson   asked  the  locations   of  the  boilers   needing                                                             
inspection.                                                                                                                     
                                                                                                                                
Mr. Henderson noted distribution is statewide. He listed the number                                                             
of uninspected boilers in various communities.                                                                                  
                                                                                                                                
Department of Law                                                                                                             
                                                                                                                                
BARBARA RITCHIE, Deputy Attorney General, Civil Division, Office of                                                             
the  Attorney  General,  Department   of  Law  testified  that  the                                                             
committee substitute  proposes a budget for the Department  that is                                                             
approximately  $2.5 million less than  the amount requested  in the                                                             
Governor's budget  and approximately $1.6 million less  than the FY                                                             
02 appropriation. She stated that the committee substitute contains                                                             
a $983,000  budget reduction and  does not appropriate  $680,000 to                                                             
fund  increased   labor  expenses  and  position  reclassification                                                              
expenses  or the $531,700  necessary to  implement recently  passed                                                             
crime-related legislation.                                                                                                      
                                                                                                                                
Ms.  Ritchie  spoke  to  the  difficulty  in  determining  how  the                                                             
"reductions of this magnitude" would be absorbed. She asserted that                                                             
although  the  budget  subcommittee  attempted  to assist  in  this                                                             
endeavor, "there  aren't any really good choices here"  and impacts                                                             
would be experienced.                                                                                                           
                                                                                                                                
Ms.  Ritchie informed  the  Committee  that the  directed  $250,000                                                             
reduction to the  Civil Division and could require  the elimination                                                             
of two attorney positions, or one  attorney position, one paralegal                                                             
and support  staff positions.  She characterized  this Division  as                                                             
having "the largest grouping of  general fund activities," in which                                                             
the  Department is  "loathe  to reduce"  as those  activities  have                                                             
direct impact  on the health and  safety of Alaskans,  particularly                                                             
children.                                                                                                                       
                                                                                                                                
Ms. Ritchie  noted the denial of  funding for the Balloon  Project,                                                             
relating to child protection, warning that this would result in the                                                             
elimination of one attorney position dedicated to this project. She                                                             
explained these  funds are received  from the Department  of Health                                                             
and Social Services as a reimbursable services agreement (RSA).                                                                 
                                                                                                                                
Senator Green  clarified that the  budget subcommittee  recommended                                                             
the Committee restore almost all funding not provided in the budget                                                             
passed by the House of Representatives.                                                                                         
                                                                                                                                
Ms. Ritchie  stated  this is a  "preferred scenario"  and that  one                                                             
attorney position  could be retained for the Balloon  Project, thus                                                             
necessitating the loss of one-half attorney position.                                                                           
                                                                                                                                
Ms. Ritchie continued that legal services for natural resources and                                                             
fish and  game efforts would  be reduced,  given the dependence  on                                                             
general funds for these activities.                                                                                             
                                                                                                                                
Ms.  Ritchie pointed  out that  almost  all work  conducted by  the                                                             
Department  is "incoming".  She explained  that  the Department  is                                                             
defending the State against lawsuits,  prosecuting those who commit                                                             
crime  or protecting  children.  She  stressed the  Department  has                                                             
little control  over the amount of  legal work produced  and stated                                                             
this  is  the  reason  it  would  be  difficult  to  determine  how                                                             
reductions would be made.                                                                                                       
                                                                                                                                
Ms.  Ritchie  spoke  to the  $250,000  proposed  reduction  to  the                                                             
Criminal Division.  She noted this  would result in a  reduction of                                                             
the number  of prosecuting attorneys  and support staff  positions;                                                             
stressing  this  is the  only  option as  over  70 percent  of  the                                                             
Division's budget  is for personnel.  She stated that  the position                                                             
reductions would be made in the largest of the 14 district attorney                                                             
offices in the State, likely those offices located in Anchorage and                                                             
Fairbanks. She noted  that the local Fairbanks government  recently                                                             
repealed ordinances relating to  domestic violence and as a result,                                                             
this workload is transferred to the State.                                                                                      
                                                                                                                                
Ms. Ritchie next addressed the  reduction of $442,500 general funds                                                             
to Oil and Gas Litigation  programs. She commented  that the budget                                                             
for these activities  have been reduced "pretty dramatically"  over                                                             
the past several  years, although  the Department has been  able to                                                             
adjust to the reductions because  many of the major cases have been                                                             
resolved.  However,  she  advised  that  gasoline  issues  must  be                                                             
addressed in the upcoming year.   She noted the Department has more                                                             
control over the  workload in this area in that it  could determine                                                             
whether  to  pursue  cases  but  she  stressed  the  importance  of                                                             
undertaking cases to obtain tax revenue, etc.                                                                                   
                                                                                                                                
Ms.  Ritchie then  detailed  the fiscal  notes  of recently  passed                                                             
legislation  that  were not  funded  in the  committee  substitute,                                                             
including the collection  of victim restitution. She  described the                                                             
program  whereby  the Collections  Section  of the  Civil  Division                                                             
undertakes these activities and noted the Section is ideal for this                                                             
as  it  currently  conducts  other  collection   efforts  utilizing                                                             
paralegals  and administrative  support  staff.  She informed  that                                                             
judgments are  being received under  this operation, but  cautioned                                                             
that  without the  remainder  of the  $106,000  requested for  this                                                             
purpose, the Section would have  an insufficient number of staff to                                                             
undertake  the  collection  of  approximately  5,000  court-ordered                                                             
judgments annually.                                                                                                             
                                                                                                                                
Co-Chair Donley referenced  testimony heard from other  states that                                                             
contract collections  to private entities with success  rates of up                                                             
to 70 percent. He asked why the  success rate is only 30 percent in                                                             
Alaska, given the  existence of the Alaska Permanent  Fund Dividend                                                             
(PFD) program.                                                                                                                  
                                                                                                                                
Ms. Ritchie questioned the accuracy  of the 30 percent success rate                                                             
information, as she understood  the efforts to be considerably more                                                             
successful. She told of the collection of almost $400,000 primarily                                                             
through  permanent  fund dividend  garnishments.  She  relayed  the                                                             
negative  experience  of  a  previous  attempt  to  contract  other                                                             
collection activities to an outside  entity, in which the State had                                                             
to terminate  the contract. She offered  to research the  matter of                                                             
contracting versus in-house operation of collection activities.                                                                 
                                                                                                                                
Ms. Ritchie spoke to newly adopted  legislation relating to Driving                                                             
While  Intoxicated (DWI)  offenses  and therapeutic  courts,  which                                                             
require  funding to  implement.  She reminded  of  the fiscal  note                                                             
request  for  an  additional  attorney  position  in  the  Criminal                                                             
Division to enforce  the DWI legislation and pointed  out that this                                                             
increment  was  not   funded  in  the  committee  substitute.   She                                                             
questioned  the ability  to meet  the "public  expectation" of  the                                                             
"level of prosecution" without adequate funding. She also noted the                                                             
additional  attorney  position  requested  in  the fiscal  note  to                                                             
implement the  therapeutic courts  legislation was not  funded. She                                                             
described the importance of this  program to rehabilitate offenders                                                             
and the efficiency  of utilizing an  attorney rather than  a judge,                                                             
who  could  then  focus  on  other  court  matters  such  as  child                                                             
protection.                                                                                                                     
                                                                                                                                
Ms. Ritchie  informed the Committee  that the Fairbanks  Courthouse                                                             
would close  on July 1,  2002 and the  State's district  attorney's                                                             
office  in that  city must  be relocated.  She said  a request  for                                                             
proposals (RFP) has been issued to secure a new facility and that a                                                             
$100,000 to $200,000 impact is expected.                                                                                        
                                                                                                                                
Ms.  Ritchie  stated  that  the  approximate  $500,000  unallocated                                                             
reduction to the Office of the Attorney General for unfounded labor                                                             
cost  increases  would make  it  difficult  for the  Department  to                                                             
fulfill  the obligations  described  in its  Missions Statement  to                                                             
represent the State  in litigations and in prosecuting  crimes. She                                                             
stated  that  a significant   portion of  the  reduction  could  be                                                             
allocated to Oil  and Gas Litigation activities, as  the Department                                                             
has  greater  control  over  the workload  in  this  area  than  in                                                             
prosecution of crimes. She also  predicted a greater backlog in all                                                             
cases. She  expressed that efforts  would be made to adjust  to the                                                             
budget reduction  in a manner that  would have the least  impact to                                                             
the health and safety of Alaskans.                                                                                              
                                                                                                                                
Senator Olson asked  for a comparison of the level  of service this                                                             
budget would allow to the level of service the Department currently                                                             
provides.                                                                                                                       
                                                                                                                                
Ms. Ritchie  answered that 71 percent  of the Department  budget is                                                             
utilized for personnel expenses and that the budget reduction would                                                             
result  in the  elimination  of  some positions.  She  stated  that                                                             
service would be reduced to natural resource related areas and that                                                             
other departments would receive  less legal council. She also noted                                                             
that prosecution  of criminal offenders  would be reduced  in urban                                                             
areas. She stressed  that funding to address child  abuse and child                                                             
neglect would not  be reduced, as these functions are  critical and                                                             
already "overburdened".                                                                                                         
                                                                                                                                
Senator  Olson  was  troubled by  the  recently  repealed  domestic                                                             
violence ordinances  of the Fairbanks North Star Borough  and asked                                                             
how this would impact the Department.                                                                                           
                                                                                                                                
Ms. Ritchie  described the screening  process of determining  which                                                             
cases would be brought  to trial. She predicted delays  could occur                                                             
and that less  attention would be  devoted to each case  because of                                                             
limited staff.                                                                                                                  
                                                                                                                                
Senator  Olson  next   asked  how  the  therapeutic   courts  would                                                             
specifically  deal with "those criminals  whose problem  stems from                                                             
alcoholism".                                                                                                                    
                                                                                                                                
Ms. Ritchie was unsure.  She stressed the program is  very resource                                                             
intensive  and involves a  different court  system. She stated  the                                                             
intent is  to determine  whether this process  would reduce  repeat                                                             
alcohol and  drug related  offenses. She warned  that by not  fully                                                             
funding the program, the results would be indeterminate.                                                                        
                                                                                                                                
Senator Olson  asked the proposed  funding amount would  jeopardize                                                             
the Therapeutic  Courts program  and "the  success we've seen  thus                                                             
far."                                                                                                                           
                                                                                                                                
Ms. Ritchie replied  not necessarily, although it would  impact the                                                             
Department's ability to fully participate.                                                                                      
                                                                                                                                
Department of Military and Veterans Affairs                                                                                   
                                                                                                                                
NICO  BUS, Administrative  Services  Manager,  Division of  Support                                                             
Services,  Department   of  Military   and  Veterans  Affairs   and                                                             
Department of Natural  Resources, testified that the  Department of                                                             
Military and Veterans Affairs has  determined the proposed $640,000                                                             
budget  reduction  would be  taken  in  the Alaska  Military  Youth                                                             
Academy. He stated this would be done with the anticipation that HB
312 would  pass and that  general funds for  this program  would be                                                             
replaced with inter-agency receipts (I/A Receipts).                                                                             
                                                                                                                                
Mr. Bus stated that otherwise the  proposed FY 04 funding is status                                                             
quo, with the exception of increased actuarial costs of $442,000 in                                                             
retirement  and  benefits due  to  poor  performance of  the  stock                                                             
market.                                                                                                                         
                                                                                                                                
Co-Chair Donley asked for an explanation of HB 312.                                                                             
                                                                                                                                
Mr. Bus explained the legislation  would fund the operations of the                                                             
Alaska Military  Youth Academy  similar to  a school, by  providing                                                             
funding  based on  each student  or cadet.  He  exerted this  would                                                             
provide  a  stable  funding  source  for the  Academy  and  as  the                                                             
population  of students  increases  and  decreases,  the amount  of                                                             
funding would as well. He noted the program was initially federally                                                             
funded  as a  pilot program  and that  the State  contribution  has                                                             
increased to the current 40 percent funding.                                                                                    
                                                                                                                                
Senator Wilken clarified HB 312  "stops the transition from the old                                                             
formula  to new  foundation  formula" as  it relates  to  education                                                             
funding  and  noted that  the  Alaska Military  Youth  Academy  was                                                             
included in a committee substitute.                                                                                             
                                                                                                                                
Senator Olson asked how many fewer  students would be accepted into                                                             
the program.                                                                                                                    
                                                                                                                                
                                                                                                                                
SFC 02 # 72, Side B 04:55 PM                                                                                                    
                                                                                                                                
                                                                                                                                
Mr.  Bus stated  if  the alternate  funds  were not  received,  the                                                             
Department  would no  longer qualify  for a federal  grant and  the                                                             
entire program could be eliminated.                                                                                             
                                                                                                                                
Senator Olson asked the total budget of the academy program.                                                                    
                                                                                                                                
Mr. Bus answered  the federal grant is $3.5 million,  of which $2.1                                                             
million is provided  by the federal government and  $1.4 million is                                                             
State general funds.                                                                                                            
                                                                                                                                
Co-Chair Donley asked if the stipends paid to students is a federal                                                             
grant requirement.                                                                                                              
                                                                                                                                
Mr. Bus replied  that stipends are  a federal requirement  and that                                                             
other states address the matter differently.                                                                                    
                                                                                                                                
Mr. Bus detailed the three stages of the academy program, including                                                             
the  final stage  after  graduation whereby  graduates  are paid  a                                                             
stipend  up to 12  months if  they continue  to participate  in the                                                             
program. He explained  the post graduation requirements  of meeting                                                             
with  mentors and  staying  in school  and  noted this  allows  the                                                             
success  of the  program to  be monitored.  He  qualified that  the                                                             
federal government could not mandate the stipend payments, although                                                             
it "strongly  encourages" stipends  through it's grant  program. He                                                             
relayed  that  the  federal  government   has  indicated  that  not                                                             
providing the stipends  could result in loss of the  grants because                                                             
other states are willing to offer the stipends.                                                                                 
                                                                                                                                
Mr. Bus informed  that many graduates of the youth  academy utilize                                                             
the stipend payments to enroll in secondary education programs.                                                                 
                                                                                                                                
Senator Ward asked if any states  receive the federal grants but do                                                             
not pay stipends to graduates.                                                                                                  
                                                                                                                                
Mr.  Bus replied  that  most states  do  pay stipends  although  "a                                                             
couple" do not. He stated he would provide further information.                                                                 
                                                                                                                                
Senator Olson asked  if the Department's level of service  would be                                                             
reduced if the proposed budget were passed.                                                                                     
                                                                                                                                
Mr.  Bus responded  that  if the  Department  did not  receive  the                                                             
$654,000  in   alternate  funding,   the  youth  academy   must  be                                                             
eliminated.                                                                                                                     
                                                                                                                                
Department of Natural Resources                                                                                               
                                                                                                                                
PAT  POURCHOT,  Commissioner,  Department   of  Natural  Resources,                                                             
testified that  the budget subcommittee  allowed the Department  to                                                             
provide  input in  determining ways  to accommodate  for the  "very                                                             
problematic" budget  restriction. He was particularly  appreciative                                                             
of the subcommittee's  accommodation  in oil and gas activities  as                                                             
well as with a mining project located in the Denali "block".                                                                    
                                                                                                                                
Mr. Pourchot referenced  both a 16 page impact statement  and a two                                                             
page summary  [available  on the  Office of  Management and  Budget                                                             
website] but expressed his testimony would focus only on two items.                                                             
The first item  he listed as a  $400,000 fund source change  to the                                                             
Division  of Oil  and Gas  from general  funds to  a federal  grant                                                             
called the  Community Impact Assistance  Program. He described  the                                                             
grant  program  whereby  federal  funds  are  appropriated  to  the                                                             
Division  of  Governmental  Coordination   in  the  Office  of  the                                                             
Governor. He informed that the  Department of Natural Resources had                                                             
been unfamiliar  with this  program and  upon review, is  concerned                                                             
that the funds are "one time monies". He warned that if these funds                                                             
were  utilized  for  FY 03,  "serious  problems"  could  occur  the                                                             
following  fiscal  year if  funds  were  not appropriated  for  the                                                             
Division of Oil and  Gas. In addition, he noted that  approximately                                                             
$12  million  in requests  have  been submitted  although  only  $2                                                             
million  is  available.   He  furthered  that  the  federal  public                                                             
involvement process  for developing a plan have been  completed and                                                             
approved  by the  US  Secretary of  Commerce.  He stated  that  any                                                             
amendments to the plan would require  additional public involvement                                                             
and reapproval.  He was unsure the outcome of such review, although                                                             
stressed that significant time would be required.                                                                               
                                                                                                                                
Mr. Pourchot  next addressed proposed  ten-percent general  funding                                                             
reduction  of $530,000  to the Division  of Parks.  He warned  this                                                             
would result in the  closure of approximately 21 park  units across                                                             
the  State.  He shared  that  an  analysis has  been  conducted  to                                                             
determine  which  parks  generate  the  most  revenue,  as  program                                                             
receipts  are   utilized  for  operation   expenses,  as   well  as                                                             
identifying  the  parks  with heavier  usage  and  the  maintenance                                                             
expenses of  each park.   He surmised that  such a large  number of                                                             
park closures  would be unacceptable  for the public. He  relayed a                                                             
recommendation  of   the  subcommittee  to  introduce   legislation                                                             
allowing receipt  supported services  of park revenue to  allow the                                                             
expenditure  of  the  approximately  $2  million  in  receipts.  He                                                             
predicted  this would  fully fund  the park  operations plus  other                                                             
Department activities.                                                                                                          
                                                                                                                                
Senator  Wilken  referenced  correspondence  relating  to  forestry                                                             
projects in Interior Alaska [copies not provided] and asked how the                                                             
proposed budget would impact these projects.                                                                                    
                                                                                                                                
Mr. Pourchot reminded  that the House of Representatives  adopted a                                                             
budget  that contains  reductions  that "would  definitely  affect"                                                             
timber harvesting  projects, especially  those located in  Interior                                                             
Alaska.  He assured that  the Senate  Finance committee  substitute                                                             
does not contain any specific general fund reductions to the timber                                                             
harvesting  projects;  however, close  attention  must  be paid  to                                                             
maximize  timber generated  revenue to enable  utilization  of non-                                                             
general  fund receipts  for  additional  projects.  He stated  that                                                             
Southeast Alaska,  with its bigger trees and denser  timber growths                                                             
is likely  to generate higher  revenue than  in other areas  of the                                                             
State,  such as in  Interior Alaska.  He added  that less  emphasis                                                             
would be made on value added local processing, which generates less                                                             
income for the State  than the export of raw materials.  He assured                                                             
the Department still  intents to maintain a "credible"  value added                                                             
program.                                                                                                                        
                                                                                                                                
Senator Austerman asked the number  of employees in the Division of                                                             
Oil and Gas.                                                                                                                    
                                                                                                                                
Mr. Pourchot answered approximately  60 to 65 positions are located                                                             
in the Division.                                                                                                                
                                                                                                                                
Senator Austerman  cited the impact statement summary  stating that                                                             
employees would be laid off if  the $400,000 were not received.  He                                                             
asked the number of employees that would be laid off.                                                                           
                                                                                                                                
Mr. Pourchot  responded that because  the salaries of  employees of                                                             
the Division of Parks  are significantly less than  the Division of                                                             
Oil and Gas, fewer employees would be laid off from the Division of                                                             
Oil and  Gas. He  estimated that  four or five  personnel would  be                                                             
eliminated from the  Division of Oil and Gas if the  aforementioned                                                             
$400,000 were not provided.                                                                                                     
                                                                                                                                
Senator  Austerman next referenced  the proposed  reduction  to the                                                             
Division of Parks  is equal to ten percent of the general  funds to                                                             
the parks program. He asked the  amount of fee increases that would                                                             
be necessary to replace the lost appropriation.                                                                                 
                                                                                                                                
Mr. Pourchot replied the Division  currently receives approximately                                                             
$2 million  of the total  $5,5 million  Division budget in  program                                                             
receipts, including  day use fees, campground fees  and boat launch                                                             
fees as well as some concessionaire  contracts. He informed that in                                                             
January  2002 fees  for  day use,  season  passes and  boat  launch                                                             
permits  were increased,  resulting  in complaints  from users  and                                                             
legislators. He surmised  the current fees are "pushing  the limit"                                                             
in "what Alaskans expect to pay  for access to their public parks."                                                             
                                                                                                                                
Senator  Austerman clarified  that in  the 21 parks  that would  be                                                             
closed, the lands would remain available for use although the parks                                                             
and facilities would not be maintained or staffed.                                                                              
                                                                                                                                
Mr.  Pourchot  responded   that  the  identified  parks   would  be                                                             
"physically  barricaded"  with the  "hope"  that people  would  not                                                             
continue to  use the parks. He  stressed there would be  no garbage                                                             
service,  septic pump  operation  or management  of  the units.  He                                                             
admitted people might  still utilize the parks, but  expressed that                                                             
such  use  would  "create  other  problems"  with  other  financial                                                             
implications.                                                                                                                   
                                                                                                                                
Senator Austerman agreed that the closure of 21 parks "would not be                                                             
good" and  he hoped  the parks  would not be  misused. However,  he                                                             
emphasized  the parks are  State land and  would be accessible  for                                                             
use.                                                                                                                            
                                                                                                                                
Mr. Pourchot  clarified that the  parks would remain available  for                                                             
"non developed recreational use"  but that park facilities would be                                                             
barricaded.                                                                                                                     
                                                                                                                                
Senator Olson asked how the Department  would determine which parks                                                             
would be closed                                                                                                                 
                                                                                                                                
Mr. Pourchot  stated the  Department determined  that the  closures                                                             
should be distributed statewide. He detailed the review of the cost                                                             
of managing  each  unit, noting  that some  remotely located  parks                                                             
incur higher  transportation  costs. He also  noted that the  parks                                                             
that generate  significant revenue would  not be closed as  well as                                                             
those parks  with high use patterns.  He qualified that  most State                                                             
parks receive considerable use.                                                                                                 
                                                                                                                                
Senator Olson  wanted to  know how the  proposed budget  reductions                                                             
would affect the level of service compared to the FY 02 budget.                                                                 
                                                                                                                                
Mr. Pourchot answered  that the Governor's proposed  budget for the                                                             
Division  of  Parks  includes a  "modest  increment"  necessary  to                                                             
maintain  the  level  of  service  the  public  is  accustomed  to.                                                             
Therefore, he stated  that the Senate Finance committee  substitute                                                             
would result in significant less service.                                                                                       
                                                                                                                                
Senator Wilken asked if more or less timber sales would occur.                                                                  
                                                                                                                                
Mr.  Pourchot replied  that most  of  the planned  timber sales  in                                                             
Interior Alaska would proceed as planned. He noted that a few sales                                                             
could  be deferred  or  superceded  by  timber sales  in  Southeast                                                             
Alaska, due to the higher revenue possible for those sales.                                                                     
                                                                                                                                
Senator  Ward asked the  number of  parks that  would close  if the                                                             
committee substitute  were passed  and the legislation  relating to                                                             
funding  park  operations  with  receipt  supported  services  also                                                             
passed.                                                                                                                         
                                                                                                                                
Mr. Pourchot answered  that no parks would be closed,  although the                                                             
legislation he earlier mentioned has not been introduced.                                                                       
                                                                                                                                
Co-Chair Donley asked the ratio of supervisors to "line workers" in                                                             
the Department.                                                                                                                 
                                                                                                                                
Mr.  Pourchot  was  unsure  but  noted  that  divisions  have  been                                                             
consolidated and subsequently management at upper and middle levels                                                             
have been  "collapsed"  over the past  several years.  He gave  the                                                             
formally separate  Divisions of Mining, Water and Lands  as well as                                                             
the  position held  by  Nico Bus  with  the Department  of  Natural                                                             
Resources and  the Department of  Military and Veterans  Affairs as                                                             
examples.                                                                                                                       
                                                                                                                                
Co-Chair Donley  requested the number  of employees covered  by the                                                             
General  Government   Unit  (GGU)  versus  those  covered   by  the                                                             
Supervisors Unit.                                                                                                               
                                                                                                                                
Mr. Bus stated he would supply that information.                                                                                
                                                                                                                                
Department of Public Safety                                                                                                   
                                                                                                                                
GLENN GODFREY, Commissioner, Department of Public Safety, noted the                                                             
budget proposed in  the Senate committee substitute  is almost $1.8                                                             
million  higher   than  the  amount   approved  by  the   House  of                                                             
Representatives;  however,  it would  still negatively  impact  the                                                             
Department  and  result  in  reductions  of  up  to  47  positions,                                                             
including at  least 17 trooper positions  and 19 seasonal  fish and                                                             
wildlife protection aides statewide. He stated that the Division of                                                             
Fish and  Wildlife Protection  would be  required to terminate  its                                                             
seasonal fish and wildlife aide program.                                                                                        
                                                                                                                                
Mr. Godfrey informed that an additional $3.3 million is required to                                                             
maintain the  FY 02 level of service  in FY 03. He noted  this does                                                             
not include  increments for additional  child abuse  investigations                                                             
and other programs recommended by the public.                                                                                   
                                                                                                                                
Mr. Godfrey  expressed that the  proposed $1.7 million  unallocated                                                             
reduction to the Office of the  Commissioner would "have a definite                                                             
impact on  public safety  services across  the State." He  recalled                                                             
that over the past several years  the Department has eliminated mid                                                             
level  and upper  level  managers,  particularly in  the  uniformed                                                             
divisions.  He informed that  the Department  attempts to  maximize                                                             
field positions and  minimize administrative support  positions. He                                                             
stated  that no programs  within the  Department  would be able  to                                                             
absorb the  unallocated reduction  "of this  magnitude". He  warned                                                             
that because the Division of Alaska State Troopers and the Division                                                             
of  Fish  and Wildlife  Protection  represent  the  largest  budget                                                             
components, these  divisions would "shoulder the majority  of these                                                             
cuts." He furthered that other  programs, including the Division of                                                             
Fire Protection would be negatively  impacted as well. He testified                                                             
that field positions  would be reassigned to perform  the necessary                                                             
administrative  functions, as the  proposed budget would  "cripple"                                                             
the centralized administration.                                                                                                 
                                                                                                                                
Mr. Godfrey pointed  out that $960,000 is necessary  to accommodate                                                             
for fixed cost increases for general  funded support services, such                                                             
as  fuel  cost  increases,  emergency   guard  hires  and  prisoner                                                             
transport  expenses,  increased  costs  for  forensic  examinations                                                             
associated  with  sexual assaults  and  increased  trooper  housing                                                             
expenses.                                                                                                                       
                                                                                                                                
Mr. Godfrey informed  that Alaska is "already well  below, by about                                                             
half" the national average of the  ratio of troopers to population.                                                             
He noted this does not take geographical  areas into consideration.                                                             
He stressed  that recently passed  legislation along with  proposed                                                             
legislation,  such as HB 4 relating  to drunken driving  penalties,                                                             
would be less effective without adequate law enforcement.                                                                       
                                                                                                                                
Mr. Godfrey shared the terrorist  events of September 11, 2001 have                                                             
affected all states  and have resulted in additional  public safety                                                             
responsibilities.  He listed  the  Alyeska Pipeline  as a  facility                                                             
requiring  the protection  of  the  Department. He  stressed  these                                                             
additional  responsibilities  are  difficult  to assume  given  the                                                             
current resources.  He stated that the available funding  should be                                                             
increased rather than decreased.                                                                                                
                                                                                                                                
Mr. Godfrey expressed intent to continue efforts to obtain adequate                                                             
funding to provide public safety at the current level.                                                                          
                                                                                                                                
Senator Olson asked the level of  service that would be provided in                                                             
rural Alaska in FY 03.                                                                                                          
                                                                                                                                
Mr.  Godfrey answered  that currently  response  time to  incidents                                                             
located both along the road system and off of the road system would                                                             
be affected. He relayed complaints he receives weekly about delayed                                                             
response  time. He qualified  that  once a trooper  arrives at  the                                                             
scene of  an incident, the  involved parties  seem to be  satisfied                                                             
with the level of service received.                                                                                             
                                                                                                                                
Senator Olson  asked if the Department  has requested  supplemental                                                             
funding for FY 02 expenses.                                                                                                     
                                                                                                                                
Mr. Godfrey described the request  for approximately $488,000 for a                                                             
homeland security package in addition to a supplemental request for                                                             
over $1 million for  normal expenditures. He detailed  the homeland                                                             
security package including $288,000  to fund a temporary checkpoint                                                             
established at the Yukon River  and $135,000 for homeland security.                                                             
He told  of an  upcoming training  exercise  involving federal  and                                                             
municipal agencies to prepare for  possible terroristic attacks. He                                                             
stated this drill would cost the State over $64,000.                                                                            
                                                                                                                                
Senator Olson asked the number of "brown shirts" (fish and wildlife                                                             
protection  officers)  and "blue  shirts" (Alaska  State  Troopers)                                                             
positions would be  eliminated under the proposed Senate  committee                                                             
substitute budget.                                                                                                              
                                                                                                                                
Mr. Godfrey listed 17 blue shirts,  six court services officers, or                                                             
"gray shirts", and 19 brown shirt seasonal aides, for a total of 47                                                             
positions lost.                                                                                                                 
                                                                                                                                
Senator Austerman  stated the Department of Public  Safety gave the                                                             
budget subcommittee a list of programs  that could be reduced. As a                                                             
result, he recommended the elimination  of the Civil Air Patrol and                                                             
the Batterers  Intervention  Program to maintain  funding for  core                                                             
services. He reminded that the two programs are recent additions to                                                             
the  Department's  operations   and  expressed  his  preference  to                                                             
eliminate programs  rather than "weaken" the entire  Department. He                                                             
noted however  that the subcommittee  disagreed with this  approach                                                             
and recommended funding for avalanche related programs.                                                                         
                                                                                                                                
Senator Olson noted the significant funding reductions proposed for                                                             
administrative  services.  He  asked  the  impact  on  the  trooper                                                             
programs.                                                                                                                       
                                                                                                                                
Mr. Godfrey responded that many outlying posts would be affected by                                                             
the  loss  of  administrative  assistance  resulting  in  uniformed                                                             
support troopers performing these functions instead of operating in                                                             
the field.                                                                                                                      
                                                                                                                                
Senator Olson next  spoke to the proposed reduction  to the Village                                                             
Public Safety  Officers (VPSO)  program emphasizing the  dependence                                                             
upon this program in rural area.                                                                                                
                                                                                                                                
Mr. Godfrey explained that support troopers are those who travel to                                                             
rural villages  to provide support  and training to the  VPSO staff                                                             
stationed in those locations. He  clarified these are not positions                                                             
stationed in urban areas performing  administrative support duties.                                                             
Therefore,  he  stressed the  VPSO  program  would be  impacted  by                                                             
reduced funding for support troopers.                                                                                           
                                                                                                                                
Department of Transportation and Public Facilities                                                                            
                                                                                                                                
KURT PARKAN, Deputy Commissioner,  Department of Transportation and                                                             
Public  Facilities, testified  the proposed  Senate Finance  budget                                                             
would have a substantial impact on Department operations. He listed                                                             
the loss  of 187 positions,  closure of  two maintenance  stations,                                                             
partial closure  of a third maintenance  station, and  reduced road                                                             
maintenance throughout the State.                                                                                               
                                                                                                                                
Mr. Parkan furthered  that a six to seven week reduction  in Alaska                                                             
Marine Highway (AMH) ferry service  would occur: service of the M/V                                                             
Columbia  could be  reduced by  one and  one half  months, the  M/V                                                             
Malaspina, which  currently provides  service to the northern  Lynn                                                             
Canal, would be surplussed, the M/V Bartlett would be surplussed in                                                             
May 2003, the M/V  Aurora would be in lay-up status  from July 2002                                                             
through  May 2003,  then relocated  to  the Prince  of Wales  route                                                             
formerly service by the M/V Bartlett,  the M/V Taku, which provides                                                             
service between Prince of Wales  and Skagway, would be laid up from                                                             
October 31, 2002 through June 1,  2003.  In addition he stated that                                                             
a fee increase would be implemented for all passengers and vehicles                                                             
and prices for on board food service would be raised.                                                                           
                                                                                                                                
Senator Olson asked the level of  service to rural Alaska in FY 03.                                                             
                                                                                                                                
Mr. Parkan answered that service  would be reduced for the roads in                                                             
the Nome area.  He referenced the  Department's impact statement as                                                             
containing further  details [copy on  file.] He qualified  that the                                                             
budget proposed by the Senate Finance  Committee is "kinder" to the                                                             
Nome area than the version passed  by the House of Representatives.                                                             
                                                                                                                                
Senator Olson expressed concern that the Department would not "turn                                                             
the lights out on the runway".                                                                                                  
                                                                                                                                
Mr. Parkan assured that the Department  has determined that airport                                                             
service is  critical to many parts  of Alaska, as they  provide the                                                             
only access to several communities,  and that the levels of service                                                             
would be maintained to ensure the airports retain certification.                                                                
                                                                                                                                
Senator Austerman asked the number  of maintenance stations located                                                             
outside of major urban areas.                                                                                                   
                                                                                                                                
Mr.  Parkan estimated  the  State  currently has  approximately  50                                                             
maintenance stations.                                                                                                           
                                                                                                                                
Senator Austerman wanted to know how many stations would be closed.                                                             
                                                                                                                                
Mr. Parkan  answered four:  Kalson Bay,  Kodiak, Chitna, and  Birch                                                             
Lake, noting that operations at other stations would be reduced due                                                             
to staff restraints.  He gave the  station located in Willow  as an                                                             
example, in that staffing would be reduced by fifty percent.                                                                    
                                                                                                                                
Senator  Austerman asked  if the  positions located  at the  closed                                                             
maintenance  stations would be eliminated  or transferred  to urban                                                             
areas.                                                                                                                          
                                                                                                                                
Mr.  Parkan  replied  that in  some  instances  the  positions  are                                                             
eliminated  and in other  instances the staff  are relocated  to an                                                             
adjoining maintenance  station. He  added that equipment  is either                                                             
transferred to another station or surplussed.                                                                                   
                                                                                                                                
Alaska Court System                                                                                                           
                                                                                                                                
CHRIS  CHRISTENSEN, Deputy  Administrative  Director, Alaska  Court                                                             
System,  testified that  the Court  System is unique  and that  the                                                             
impacts of the proposed budget  reductions would be "magnified". He                                                             
explained that the Court System  operates one program: to provide a                                                             
forum  for the  resolution of  civil  and criminal  cases filed  by                                                             
individuals, businesses and governmental entities. He stressed that                                                             
the  trial  courts  are  not  allowed  to refuse  to  hear  a  case                                                             
presented, and that the Court is required to administer the program                                                             
within  a  certain  mandated  time  frames  as  stipulated  in  the                                                             
constitution and in statute.                                                                                                    
                                                                                                                                
Mr. Christensen  informed that  the proposed  budget in the  Senate                                                             
committee substitute contains a  reduction of almost six percent in                                                             
"available  dollars" from  FY 02,  which is almost  $3 million.  He                                                             
noted this amount includes the $2.5 million necessary for increased                                                             
costs  plus  a  $597,000  unallocated   reduction.  He  listed  the                                                             
increased costs not funded: pay  raises approved by the Legislature                                                             
two years prior, $146,000 for the  second year of operations of the                                                             
Driving While Intoxicated (DWI) Courts in Anchorage and Bethel, and                                                             
$680,000  for  required increased  contributions  to  the  Judicial                                                             
Retirement  System.  He noted  the retirement  fund  had been  over                                                             
funded  in recent  years and  those funds  had  been available  for                                                             
reappropriation, although this year, a portion of the funds must be                                                             
returned to maintain the actuarial value of the account.                                                                        
                                                                                                                                
Mr.  Christensen  stressed  that   fewer  resources  to  handle  an                                                             
increased  caseload  would  result  in slower  processing  of  that                                                             
caseload. However, he reiterated that a majority of the cases could                                                             
not be delayed.                                                                                                                 
                                                                                                                                
Mr. Christensen asked how the Court System would manage the funding                                                             
reduction "of this magnitude".  He suggested the Court System could                                                             
discontinue operations  in some locations, although  he pointed out                                                             
this does not stop the demand for  services: people would still get                                                             
divorced and crimes  would continue to be committed.  He also noted                                                             
that closing the  third largest courthouse in the State  located in                                                             
Palmer, for example, would only  realize a savings of approximately                                                             
$1.5 million, which is only half the amount necessary.                                                                          
                                                                                                                                
Mr. Christensen did anticipate that some smaller magistrate courts,                                                             
with smaller  caseloads, would  be closed, as  well as some  larger                                                             
courts located along the road system.  He furthered that the larger                                                             
courts,  notably  those  in Anchorage  and  Fairbanks,  would  have                                                             
significant layoffs.                                                                                                            
                                                                                                                                
Mr.  Christensen  told of  efforts  of the  past several  years  to                                                             
quicken the casework process, which  he stated would be reversed as                                                             
a result  of these  layoffs and  court closures.  He stressed  that                                                             
because  the State  constitution  mandates that  criminal cases  be                                                             
prioritized civil cases and family cases would be delayed. He noted                                                             
that approximately  30,000 felony and misdemeanor cases  were filed                                                             
in Alaska during  the previous year, and of that amount  four "fell                                                             
through  the cracks"  and were  dismissed under  the "speedy  trial                                                             
rule." He predicted more such dismissals would occur if the layoffs                                                             
and court closures were instituted.                                                                                             
                                                                                                                                
Mr. Christensen  spoke to the consequences  of delaying  some civil                                                             
cases, including  the loss  of federal  funding. He continued  that                                                             
family law cases do not have a  statutory or constitutional mandate                                                             
for resolution in  a certain timeframe. Therefore,  he stated these                                                             
cases would  be delayed  the most,  and he surmised  these are  the                                                             
cases that should be delayed the least.                                                                                         
                                                                                                                                
                                                                                                                                
SFC 02 # 73, Side A 05:43 PM                                                                                                    
                                                                                                                                
                                                                                                                                
Mr. Christensen reminded the Committee  that judges are required to                                                             
provide  a sworn  affidavit  every  two  weeks attesting  they  are                                                             
"caught up on their  work" or their paycheck is withheld  until the                                                             
work is  up to  date. He  advised, as  a lawyer,  that this law  is                                                             
likely  unconstitutional,   although,   as  a  court  manager,   he                                                             
characterized this  law as "a great tool". However,  he opined that                                                             
judges  should not lose  their paycheck  due to  lack of  resources                                                             
available to complete their duties.                                                                                             
                                                                                                                                
MARLA GREENSTEIN, Executive Director, Alaska Commission on Judicial                                                             
Conduct,  testified via  teleconference  from  Anchorage, that  the                                                             
Commission  is  constitutionally  mandated  to  address  complaints                                                             
related to judicial ethics. She noted the Commission has no control                                                             
over the caseload.  She informed that  two full time positions  are                                                             
necessary to fulfill the normal  duties and that outside council is                                                             
contracted to handle  serious cases involving formal  hearings. She                                                             
stated that the proposed  funding allocation for the  Commission is                                                             
inadequate and fewer  funds would be available to hire  the outside                                                             
council.                                                                                                                        
                                                                                                                                
Ms. Greenstein shared  the history of repeated supplemental  budget                                                             
requests. She warned that if the Commission is not funded fully, it                                                             
would "severely impact" the ability  to enforce the judicial ethics                                                             
code.  She  predicted  that  some  difficult  cases  would  not  be                                                             
processed and that the quality  of the prosecutions would diminish.                                                             
                                                                                                                                
LARRY COHN, Executive Director,  Alaska Judicial Council, testified                                                             
via teleconference from Anchorage, that the proposed Senate Finance                                                             
budget of $742,000  for the Council is approximately  seven percent                                                             
less than the  current budget and  the same as the budget  of eight                                                             
years prior. He stated that approximately  $39,000 of the reduction                                                             
is a result of the Council's completion of a comprehensive criminal                                                             
justice  study. He informed  that  the Council has  proposed  a new                                                             
study relating to self-represented  litigants that would require an                                                             
additional $39,000, although he  did not anticipate receiving those                                                             
funds.  He  asserted   that  the  Council  has  few   discretionary                                                             
responsibilities,  as the constitution  or statutes mandate  almost                                                             
all the work undertaken.                                                                                                        
                                                                                                                                
Mr. Cohn noted the  Council has not requested supplemental  funding                                                             
in  over 20  years,  although  the proposed  budget  provides  less                                                             
funding   "at   a    time   when   the   Council    has   increased                                                             
responsibilities."    He    listed    one   of    the    additional                                                             
responsibilities,  as  contained  in  HB 172  passed  the  previous                                                             
session, to evaluate the performance of two new therapeutic courts.                                                             
He furthered that  the pending HB 515 would require  the Council to                                                             
establish performance measures for the Alaska Court System.                                                                     
                                                                                                                                
Mr. Cohn commented that the Legislature  has considered funding the                                                             
development of fisheries, mining and other resource development and                                                             
he stressed that  funding the Council is an investment  in justice.                                                             
                                                                                                                                
Senator Olson  asked how the level  of service of the  Alaska Court                                                             
System would be affected by the proposed budget allocations.                                                                    
                                                                                                                                
Mr. Christensen  responded  that some criminal  cases would  not be                                                             
processed and that  there would be "a complete loss  of service" to                                                             
some small  communities. He asserted  that the Alaska  Court System                                                             
would  be unable  to fulfill  its  constitution  mandates with  the                                                             
proposed level of funding.                                                                                                      
                                                                                                                                
Senator Olson asked  if the court located in Nome would  be closed.                                                             
                                                                                                                                
Mr. Christensen  answered that decisions  have not been made  as to                                                             
which  courts  would  close.  He spoke  to  the  criteria  used  in                                                             
reviewing  whether  layoffs  or  closures  would be  made  at  each                                                             
location.  He  listed   available  alternative  facilities   for  a                                                             
community and the  quality of employees at each court,  as some are                                                             
able to work more efficiently.                                                                                                  
                                                                                                                                
Senator  Olson referenced  the  testimony  of the  Alaska  Judicial                                                             
Council claiming that the funding for evaluation of the therapeutic                                                             
courts is insufficient. He asked  the long-term consequences to the                                                             
program.                                                                                                                        
                                                                                                                                
Mr. Cohn replied that the Council  was not provided with funding to                                                             
undertake  the duties required  of it in  the enabling  legislation                                                             
establishing  the  therapeutic  courts. He  described  the  studies                                                             
scheduled for the next three to four years to collect, analyze, and                                                             
report  data. He  stated the  lack of  funding  for the  evaluation                                                             
process should not affect the on-going  operations of the court for                                                             
the  next  several  years,  although  the  absence  of  a  complete                                                             
evaluation   would  affect   the  information   available  to   the                                                             
legislature for determining whether the courts are worthwhile.                                                                  
                                                                                                                                
Senator Olson commented  that it would be difficult  to be "hard on                                                             
crime" if the necessary information is not provided.                                                                            
                                                                                                                                
Mr. Cohn affirmed that more information is beneficial. He suggested                                                             
that recidivism  could  be reduced  by the use  of the  therapeutic                                                             
courts, but this would be unknown without proper evaluation.                                                                    
                                                                                                                                
Office of the Governor                                                                                                        
                                                                                                                                
MIKE NIZICH,  Administrative Director,  Division of  Administrative                                                             
Services, Office of the Governor, testified to two areas of concern                                                             
regarding the  proposed $1.65 million  general fund reduction  over                                                             
the amount requested.  The first he listed as the year-three  labor                                                             
cost increases of $267,600, which  he stressed are statutory salary                                                             
increases and  that the Office  does not  have the option  to forgo                                                             
these raises. As a result, he informed that three positions must be                                                             
eliminated.                                                                                                                     
                                                                                                                                
Mr. Nizich  stated the second concern  as the $567,000  unallocated                                                             
budget reduction.  He cautioned  this is a significant reduction to                                                             
the Office's  base operating  budget and that  it would impede  the                                                             
resources available  to the next  governor and lieutenant  governor                                                             
who would  take office  at the  mid point  of the  fiscal year.  He                                                             
pointed out that the Office of the Governor operates primarily with                                                             
general funds for  personnel services. Therefore, he  informed that                                                             
the reductions must be taken in the number of positions funded, and                                                             
that nine full time positions must  be eliminated. He was unable to                                                             
speculate on which positions would  be eliminated as the priorities                                                             
of the next governor were unknown.                                                                                              
                                                                                                                                
Senator  Olson asked  for  elaboration on  the  assertion that  the                                                             
proposed funding level would impede the new administration.                                                                     
                                                                                                                                
Mr. Nizich,  replied that at the start  of FY 03, only  five months                                                             
remain of the current Governor's  term of office. Speaking from his                                                             
experience of working  during multiple administration  transitions,                                                             
newly elected governors  establish agendas and expect  to implement                                                             
them once  taking  office. He  stressed that,  unlike any  previous                                                             
governor, the next  administration would not have the  financial or                                                             
human resources available to address their priorities. He furthered                                                             
that no discretionary  funds would be available to  address "public                                                             
outcry" issues, such as fisheries, an oil spill, etc.                                                                           
                                                                                                                                
Senator Olson asked if the proposed  budget reductions would impact                                                             
every aspect of the Office of the Governor operations.                                                                          
                                                                                                                                
Mr. Nizich affirmed that every component would be affected.                                                                     
                                                                                                                                
University of Alaska                                                                                                          
                                                                                                                                
It was established  that no representative was present  to speak to                                                             
the impacts to the University of Alaska.                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Dave Donley adjourned the meeting at 06:02 PM                                                                          

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