Legislature(2005 - 2006)SENATE FINANCE 532

02/23/2005 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 97 SUPPLEMENTAL APPROPRIATIONS/CBR TELECONFERENCED
Heard & Held
+= SB 98 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
     SENATE BILL NO. 97                                                                                                         
     "An    Act   making    supplemental,    capital,   and    other                                                            
     appropriations, and  reappropriations; amending appropriations;                                                            
     making   appropriations   to   capitalize  funds;   making   an                                                            
     appropriation  under art. IX,  sec. 17(c), Constitution  of the                                                            
     State of  Alaska, from the constitutional budget  reserve fund;                                                            
     and providing for an effective date."                                                                                      
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
The Committee heard presentations  from the State agencies outlining                                                            
the appropriation requests.                                                                                                     
                                                                                                                                
9:36:29 AM                                                                                                                    
                                                                                                                                
Department of Health and Social Services                                                                                      
                                                                                                                                
     Item: 85                                                                                                                   
     Section: 8(a)                                                                                                              
     RDU: Behavioral Health: Behavioral Health Grants                                                                           
     Supplemental  Need: Substance  abuse  prevention initiative  so                                                            
     Alaska's kids are  safe and healthy - Leadership initiatives to                                                            
     Keep  Children Alcohol-Free,  Reach Out  Now, Building  Healthy                                                            
     Futures, Statewide Multimedia Campaign; FY 06 lapse date                                                                   
     $4,000,000 general funds                                                                                                   
                                                                                                                                
     Item: 86                                                                                                                   
     Section: 8(b)                                                                                                              
     RDU: Behavioral Health: Behavioral Health Administration                                                                   
     Supplemental Need: Substance abuse prevention initiative so                                                                
     Alaska's kids are safe and healthy - Alaska Local Options                                                                  
     Campaign Project Coordinator; FY 06 lapse date                                                                             
     $75,000 general funds                                                                                                      
                                                                                                                                
     Item: 87                                                                                                                   
     Section: 8(c)                                                                                                              
     RDU: Behavioral Health: Community Action Prevention and                                                                    
     Intervention Grants                                                                                                        
     Supplemental Need: Substance abuse prevention initiative so                                                                
     Alaska's kids are safe and healthy - Alaska Local Options                                                                  
     Campaign; FY 06 lapse date                                                                                                 
     $425,000 general funds                                                                                                     
                                                                                                                                
Ms. Clarke  explained these  items are interrelated  and pertain  to                                                            
substance abuse  prevention. The Governor is "expecting"  to utilize                                                            
a  portion  of  the  "windfall",  revenues   in  excess  of  amounts                                                            
projected  for FY 05,  for these  new programs  intended to  promote                                                            
substance  abuse  prevention  by children.  In  Alaska, appropriate                                                             
action  has not been  taken to address  substance  abuse in  the age                                                            
group of  12 to 13  year-olds. The  intent is to  "get ahead  of the                                                            
problem" rather  than react to the  "downstream costs" of  substance                                                            
abuse.  These  prevention  programs  are supported  by  the  federal                                                            
government and by other states.                                                                                                 
                                                                                                                                
DIANE  CASTO, Section  Manager,  Prevention and  Early Intervention                                                             
Section,  Division of Behavioral  Health,  Department of Health  and                                                            
Social Services, testified  that substance abuse is a "huge problem"                                                            
for the State  and impacts other social  services. She listed  child                                                            
abuse,  domestic  violence,  and school  dropout  as  examples.  The                                                            
intent is to  review substance abuse  issues in a comprehensive  and                                                            
holistic  way to determine  how to  help children  and families  and                                                            
communities   to   earlier   address  substance   abuse   in   those                                                            
communities. Substances  abused include alcohol, drugs, tobacco, and                                                            
prescription drugs. The  goal is to build self-esteem and resiliency                                                            
in children to assist them in resisting abusive behavior.                                                                       
                                                                                                                                
Ms. Casto informed  that the age in  which children first  try these                                                            
substances  is continually  younger, and reportedly  ages 12  and 13                                                            
for some. Therefore prevention  must be addressed at an earlier age.                                                            
Research demonstrates  that the earlier  first time use occurs,  the                                                            
more likely the  youth is to have addiction problems  later in life.                                                            
The target ages for the proposed programs are 10 to 12 years.                                                                   
                                                                                                                                
Ms. Casto  explained the  plan to utilize  adolescents, high  school                                                            
and college  students, as mentors  to speak to the children.  Youths                                                            
listens to  their peers more  than they listen  to adults and  it is                                                            
important   that  adults   do  not   make  all   the  decisions   in                                                            
administering these prevention initiatives.                                                                                     
                                                                                                                                
Ms. Casto  spoke  to the identification  of  high-risk populations.                                                             
Most abusers in treatment  programs are parents. Research shows that                                                            
drug and alcohol abuse  is often generational. The program must work                                                            
with children to "break that cycle."                                                                                            
                                                                                                                                
Ms. Casto furthered  that the proposed program would  also undertake                                                            
a   comprehensive,   multi-strategy   media   approach   to   change                                                            
perceptions  about alcohol and drug  use. It is important  to change                                                            
the "norm" about alcohol.  Some parents of teens express relief that                                                            
their children are "only  drinking alcohol" and not using drugs. The                                                            
perception  that alcohol  is better  than other  substances must  be                                                            
altered.                                                                                                                        
                                                                                                                                
Ms. Casto stated these  proposals would fund local Alaskan programs.                                                            
The Murkowski  Administration is determining  how to better  support                                                            
communities  and their choices for  local options regarding  the use                                                            
and sale of  alcohol.  The legislature  has provided assistance  for                                                            
communities   to  become   dry  or  damp   or  to  implement   other                                                            
restrictions.  The intent is to assist communities  to determine the                                                            
best choice  for that community.  The Department  of Public  Safety,                                                            
the Department of Commerce,  Community and Economic Development, the                                                            
Department of  Law and the Department of Health and  Social Services                                                            
are  involved  in  the  process  to  develop  a more  comprehensive                                                             
approach to the local option issue.                                                                                             
                                                                                                                                
Senator Bunde thanked the  witness for her efforts in the prevention                                                            
of substance abuse. He  noted the reference to the safety and health                                                            
of Alaska's  children. With  the reported  age of substance  abusers                                                            
becoming younger, he asked  how the success of the proposed programs                                                            
would be assessed. He also  questioned the inclusion of this request                                                            
in the supplemental appropriation.                                                                                              
                                                                                                                                
Ms. Casto replied  that the programs  would be based on a  number of                                                            
other  programs that  have undergone  thorough  evaluation and  that                                                            
meet certain  criterion  to demonstrate  their effectiveness.  These                                                            
programs have been certified  by the federal Department of Education                                                            
and  other federal  programs.  The State  Department  of Health  and                                                            
Social Services  would provide assistance to grantees  to ensure all                                                            
programs include evaluation components.                                                                                         
                                                                                                                                
Ms. Casto cited  a survey on youth risk behavior,  which indicates a                                                            
decrease  in the use  of various drugs  and alcohol.  This is  not a                                                            
large increase,  but represents a  trend. Efforts should  be made to                                                            
ensure this continues.                                                                                                          
                                                                                                                                
Senator Bunde remarked  that missions and measures of programs would                                                            
continue to be addressed in budget subcommittees.                                                                               
                                                                                                                                
Co-Chair Wilken  noted the funding  for these proposed programs  for                                                            
FY 05 would be "windfall"  money that otherwise would be included in                                                            
the FY 06 budget. He asked  if this would be a one-time expenditure,                                                            
or if the  expectation would  be that funding  would continue  to be                                                            
appropriated.                                                                                                                   
                                                                                                                                
Ms. Clarke expected the appropriations would be ongoing.                                                                        
                                                                                                                                
Senator  Olson indicated  support  for  the proposed  programs,  but                                                            
asked why the program could not wait until FY 06.                                                                               
                                                                                                                                
Senator Stedman agreed,  noting the testimony did not address a need                                                            
for this funding immediately  rather than July 1, 2005. The previous                                                            
items were  of significant  amounts and any  new programs should  be                                                            
considered as a part of the FY 06 budgetary process.                                                                            
                                                                                                                                
Co-Chair  Wilken   anticipated  this  "funding  mechanism"   of  the                                                            
windfall revenues would  be reflected in many items included in this                                                            
supplemental appropriation request.                                                                                             
                                                                                                                                
Co-Chair  Green  asked  if any  funds  had been  expended  on  these                                                            
proposed programs to date.                                                                                                      
                                                                                                                                
Ms. Clarke answered no.                                                                                                         
                                                                                                                                
Co-Chair  Green  clarified  the  proposal  to  implement  three  new                                                            
programs.                                                                                                                       
                                                                                                                                
Ms. Clarke affirmed.                                                                                                            
                                                                                                                                
Senator  Bunde remarked  upon  the reference  to  the additional  as                                                            
windfalls at  a time when the State  has a $5.5 billion debt  to the                                                            
Constitutional Budget Reserve fund.                                                                                             
                                                                                                                                
Co-Chair  Wilken  expressed  concerns  with  this  request  and  the                                                            
practice of  instituting new programs  in years of higher  revenues.                                                            
He asked how the proposed  programs differ from current programs. He                                                            
also asked  the amount  of funding  expended in  FY 05 for  alcohol-                                                            
related  programs. He questioned  whether  funding for this  program                                                            
could be sustained  in the future and the anticipated  impact of the                                                            
programs.                                                                                                                       
                                                                                                                                
Ms. Clarke stated  she would provide the requested  information. She                                                            
estimated the  FY 05 expenditures for substance abuse  prevention is                                                            
less than $1 million.                                                                                                           
                                                                                                                                
Co-Chair Wilken questioned the accuracy of that estimate.                                                                       
                                                                                                                                
Senator Stedman pointed  out the descriptions for the items indicate                                                            
a FY 06 lapse  date. The expenditures  should correctly be  reported                                                            
as ongoing.                                                                                                                     
                                                                                                                                
     Item: 88                                                                                                                   
     Section: 8(d)                                                                                                              
     RDU: Juvenile Justice: Probation Services                                                                                  
     Supplemental  Need: Court-ordered  special  needs services  for                                                            
     children  in juvenile facilities. Last session  the Legislature                                                            
     asked that these costs be brought forward as supplementals.                                                                
     $194,100 general funds                                                                                                     
                                                                                                                                
Ms.  Clarke stated  this  request  is for  costs expected  would  be                                                            
incurred  in FY 05. At the  time the FY  05 budget was adopted,  the                                                            
legislature   requested   that   actual   costs  be   addressed   as                                                            
supplemental appropriation requests.                                                                                            
                                                                                                                                
Co-Chair Wilken noted this process is similar to ratification.                                                                  
                                                                                                                                
     Item: 89                                                                                                                   
     Section: 8(e)                                                                                                              
     RDU: Public Assistance: Adult Public Assistance                                                                            
     Supplemental  Need:  Savings  due  to  caseload  reduction  and                                                            
     programmatic  changes,  particularly  last  year's  changes  to                                                            
     interim assistance                                                                                                         
     -$2,038,800 general funds                                                                                                  
                                                                                                                                
     Item: 90                                                                                                                   
     Section: 8(e)                                                                                                              
     RDU: Public Assistance: General Relief Assistance                                                                          
     Supplemental Need:  Projected FY 05 lapse. Approximately 80% of                                                            
     funds  are  used to  pay for  funeral  and burial  expenses  of                                                            
     indigent  deceased  persons; the  remainder is  used to  assist                                                            
     low-income  individuals and families  who are facing  eviction.                                                            
     -$185,000 general funds                                                                                                    
                                                                                                                                
Ms. Clarke  explained these  items propose  reappropriating  general                                                            
funds to offset  other supplemental appropriations.  Both items were                                                            
"over budgeted" in the initial FY 05 appropriation.                                                                             
                                                                                                                                
     Item: 91                                                                                                                   
     Section: 8(f)                                                                                                              
     RDU: Departmental Support Services: BASIC Grants                                                                           
     Supplemental   Need:  Provides  vital  social  service  program                                                            
     support to entities  directly serving needy Alaskans across the                                                            
     state. Funding  will be used on collaborative,  community-based                                                            
     activities  addressing  basic needs such  as food, shelter  and                                                            
     health care. With FY 06 lapse date.                                                                                        
     $1,000,000 general funds                                                                                                   
                                                                                                                                
Ms. Clarke  stated this request would  fund a new program  utilizing                                                            
FY 05 windfall  revenues.  This is not a  normal supplemental  item,                                                            
but rather would implement  a new grant program. BASIC is an acronym                                                            
of: Building Alaska  through Successful Initiatives  in Communities.                                                            
The grants would  be awarded to community organizations  for special                                                            
needs. She  told of the shortage experienced  by the Anchorage  food                                                            
bank of turkeys  for Thanksgiving.  These grants would be  available                                                            
for these types of expenditures.                                                                                                
                                                                                                                                
Co-Chair  Wilken asked if  this grant program  would be expected  to                                                            
continue to FY 06.                                                                                                              
                                                                                                                                
Ms. Clarke affirmed.                                                                                                            
                                                                                                                                
Senator  Bunde commented  that Alaska  currently  has a substantial                                                             
welfare system.  He opined that these additional revenues  should be                                                            
allocated  to  the existing  programs  and  subsequently  avoid  the                                                            
administrative expenses related to a separate program.                                                                          
                                                                                                                                
Ms. Clarke responded that  the need for additional funding for local                                                            
food  banks has  been  identified. The  Adult  Temporary  Assistance                                                            
program benefits  are distributed  to recipients for a limited  time                                                            
and are  then discontinued;  however, the  need for some  assistance                                                            
continues.                                                                                                                      
                                                                                                                                
     Item: 92                                                                                                                   
     Section: 8(g)                                                                                                              
     RDU: Boards and Commissions: Governor's Advisory Council on                                                                
     Faith-Based and Community Initiatives                                                                                      
     Supplemental Need: FY 05 costs for Office established by                                                                   
     Administrative Order 221.                                                                                                  
     $122,100 general funds                                                                                                     
                                                                                                                                
Ms.  Clarke  informed  that  Governor  Murkowski   established  this                                                            
advisory  council  to  facilitate   the  start  of  the faith-based                                                             
program.  The  Department  of Military  and  Veterans  Affairs,  the                                                            
Department of Corrections  and the Department of Labor and Workforce                                                            
Development  are participating in  the Council. The funds  requested                                                            
in this  item would  repay those  departments  for expenses  already                                                            
incurred. The Department  of Health and Social Services would not be                                                            
reimbursed for its contributions.                                                                                               
                                                                                                                                
Co-Chair  Green  understood  the administrative   order had  a  zero                                                            
fiscal note.                                                                                                                    
                                                                                                                                
Ms. Clarke was unsure.                                                                                                          
                                                                                                                                
Co-Chair  Green  asked the  number  of positions  created  for  this                                                            
council.                                                                                                                        
                                                                                                                                
Ms. Clarke answered that three new positions have been added.                                                                   
                                                                                                                                
Co-Chair  Green asked the  amount that would  be requested  for this                                                            
program in FY 06.                                                                                                               
                                                                                                                                
Ms. Clarke replied that  the Governor is proposing $400,000 for this                                                            
item.                                                                                                                           
                                                                                                                                
Co-Chair Green asked the cost of this program the previous year.                                                                
                                                                                                                                
Ms. Clarke clarified  the Council is newly created  and therefore no                                                            
funding was allocated to it in the past.                                                                                        
                                                                                                                                
Co-Chair  Green recalled people  in her community  working  for over                                                            
year on these efforts.                                                                                                          
                                                                                                                                
Ms. Clarke surmised this must be a different organization.                                                                      
                                                                                                                                
Co-Chair Green asked the provisions of the administrative order.                                                                
                                                                                                                                
Ms. Clarke would provide a copy of the order to the Committee.                                                                  
                                                                                                                                
Co-Chair Wilken noted the  Governor's FY 06 request for this program                                                            
is over $300,000.                                                                                                               
                                                                                                                                
Senator  Bunde compared  this  to item  #91 and  questioned at  what                                                            
point these  activities become State-funding  rather than  community                                                            
and organization funded.                                                                                                        
                                                                                                                                
Co-Chair  Wilken  asked  the  consequences  if this  item  were  not                                                            
funded.                                                                                                                         
                                                                                                                                
Ms. Clarke  replied  that the  aforementioned  departments would  be                                                            
required to absorb the expenses.                                                                                                
                                                                                                                                
Co-Chair Wilken  noted the Department of Health and  Social Services                                                            
has utilized federal Temporary  Assistance for Needy Families (TANF)                                                            
funds for its portion of the expenses.                                                                                          
                                                                                                                                
Co-Chair Green asked if  a direct appropriation could be made to the                                                            
other departments for reimbursement.                                                                                            
                                                                                                                                
Co-Chair Wilken answered this could be done.                                                                                    
                                                                                                                                
Senator Dyson  asked if any federal  funding is available  for these                                                            
efforts.                                                                                                                        
                                                                                                                                
Ms. Clarke  affirmed the Department  has been expending TANF  funds,                                                            
but was unaware  of any other federal  funds available to  subsidize                                                            
these activities.                                                                                                               
                                                                                                                                
Co-Chair Wilken  asked if any of the  three new positions  have been                                                            
filled.                                                                                                                         
                                                                                                                                
Ms. Clarke informed  that the lead position of the  Council has been                                                            
filled.                                                                                                                         
                                                                                                                                
Co-Chair Wilken  clarified that two additional staff  would be hired                                                            
if this funding were provided.                                                                                                  
                                                                                                                                
Ms. Clarke affirmed.                                                                                                            
                                                                                                                                
     Item: 39                                                                                                                   
     Section: 8(h)                                                                                                              
     RDU: Public Health: Vital Statistics                                                                                       
     Supplemental Need: Full funding for lease costs for Juneau                                                                 
     office.                                                                                                                    
     $150,000 Receipt Supported Services funds                                                                                  
                                                                                                                                
Ms. Clarke  informed  that these  lease costs  have been  subsidized                                                            
within  the   Department's  budget   for  several  years,   but  the                                                            
Department is  not longer able to absorb the expense.  The Bureau of                                                            
Vital Statistics has generated  more revenue than anticipated in the                                                            
current year.  She noted a similar appropriation would  be requested                                                            
in FY 06.                                                                                                                       
                                                                                                                                
     Item: 151                                                                                                                  
     Section: 19(a)                                                                                                             
     RDU: Ratifications - Health and Social Services                                                                            
     Supplemental Need: AR22520-03 Medical Assistance                                                                           
     $13,390,029.73 general funds                                                                                               
                                                                                                                                
Ms. Clarke stated this  item is ratification for FY 03. She noted no                                                            
ratification  would be required for  FY 04, demonstrating  progress.                                                            
                                                                                                                                
10:07:03 AM                                                                                                                   
                                                                                                                                
Department of Administration                                                                                                  
                                                                                                                                
     Item: 68                                                                                                                   
     Section: 1(a)                                                                                                              
     RDU: Finance                                                                                                               
     Supplemental  Need: First National  Bank of Alaska credit  card                                                            
     rebates  - These  funds  are received  from the  bank based  on                                                            
     state  credit  card  purchases.   Growth  of  the  credit  card                                                            
     program,   combined  with  more  favorable  rebate   terms  has                                                            
     resulted  in rebates in excess of budgeted authority.  Allowing                                                            
     receipt   and  expenditure  of  these  funds   will  allow  the                                                            
     department  to meet the vacancy factor in this  component where                                                            
     health  insurance   and retirement   cost  increases  were  not                                                            
     funded.                                                                                                                    
     $76,100 Statutory Designated Program Receipts funds                                                                        
                                                                                                                                
ERIC  SWANSON,  Director,   Division  of  Administrative   Services,                                                            
Department  of Administration,  reported that  receipt authority  is                                                            
currently budgeted at $112,500,  but because of growth in the credit                                                            
card  program  and  more  favorable  rebate  terms,  the  State  has                                                            
realized a larger  rebate. The intent is to utilize  these funds for                                                            
staffing the credit card program.                                                                                               
                                                                                                                                
Co-Chair  Green asked  if any  understanding  exists dictating  that                                                            
rebates   must  be  returned   to  the   original  funding   source,                                                            
particularly federal receipts.                                                                                                  
                                                                                                                                
Mr. Swanson replied that  the rebates are generated from all funding                                                            
sources.  The  Department   has  been  notified  that   the  federal                                                            
government  could impose  a penalty  if rebates  generated from  the                                                            
expenditure of  federal funds were not utilized to  offset the costs                                                            
of operating the credit card program.                                                                                           
                                                                                                                                
Co-Chair Green  wanted to ensure that  no consequences would  result                                                            
from this practice identified in future audits.                                                                                 
                                                                                                                                
Mr. Swanson reminded  that a similar appropriation  of these rebates                                                            
occurred in the FY 04 supplemental budget.                                                                                      
                                                                                                                                
Co-Chair  Green  pointed  out  that  statutory  designated   program                                                            
receipt monies are actually general funds.                                                                                      
                                                                                                                                
Mr. Swanson  affirmed that  if these rebates  were not appropriated                                                             
for this item, the funds  would revert to the general fund. However,                                                            
he reiterated  that penalties could result if the  rebates generated                                                            
from the use of federal  funds were not allocated to the credit card                                                            
program.                                                                                                                        
                                                                                                                                
Co-Chair Wilken  asked what the rebate funds would  be expended for.                                                            
                                                                                                                                
Mr. Swanson replied the  monies would fund a portion of the salaries                                                            
for credit card services' staff.                                                                                                
                                                                                                                                
Co-Chair Wilken  asked if the funds could be expended  for the State                                                            
travel office.                                                                                                                  
                                                                                                                                
Mr.  Swanson  responded  that  these funds  were  expended  for  the                                                            
purchase  of software for  the travel office  in the previous  year.                                                            
Similar appropriations  to the travel office are not proposed for FY                                                            
06.                                                                                                                             
                                                                                                                                
Co-Chair  Wilken commented  to the  amount expended  for the  travel                                                            
office.                                                                                                                         
                                                                                                                                
     Item: 69                                                                                                                   
     Section: 1(b)                                                                                                              
     RDU: Motor Vehicles                                                                                                        
     Supplemental  Need: Digital drivers license supplies  - Funding                                                            
     is  needed  to cover  the  additional  costs of  deploying  the                                                            
     digital  drivers license  system and  increased demand  for the                                                            
     new  licenses. Consumable  costs  are higher  due to volume  of                                                            
     first-year  purchases and underestimating cost  of consumables.                                                            
     $125,000 Receipt Supported Services                                                                                        
                                                                                                                                
Mr. Swanson  explained that the costs  of deploying the new  digital                                                            
driver's license  system and the cost  of the consumables  necessary                                                            
to produce  these driver's  licenses were  higher than anticipated.                                                             
The demand for the new licenses was higher than expected.                                                                       
                                                                                                                                
Senator Bunde  noted the intention that many new programs  should be                                                            
self-supportive.  He  asked  if  the new  digital  system  is  self-                                                            
supportive.                                                                                                                     
                                                                                                                                
Mr. Swanson  qualified that  the first year  costs were higher  than                                                            
average. However, the program  would operate in future years with no                                                            
additional funding required.                                                                                                    
                                                                                                                                
DUANE BANNOCK,  Director, Division of Motor Vehicles,  Department of                                                            
Administration,  testified   to the  production  costs  of  the  new                                                            
driver's  license system.  At  the time  the project  was  proposed,                                                            
several  security  deficiencies  were  discovered.   The  additional                                                            
security features  added cost to the  implementation of the  system.                                                            
Also, inventory  costs increased  as a result  of the need  to stock                                                            
all offices  and warehouses. Allowing  supply stocks to be  depleted                                                            
before ordering replacement supplies is not an option.                                                                          
                                                                                                                                
Co-Chair  Green asked if  the Division has  the ability to  increase                                                            
the fees for driver's licenses without legislative action                                                                       
                                                                                                                                
Mr. Bannock replied that statutory changes would be required.                                                                   
                                                                                                                                
Co-Chair Wilken  noted the Division generates $40  million more than                                                            
the operating costs.                                                                                                            
                                                                                                                                
Mr. Bannock affirmed the Division generates revenue.                                                                            
                                                                                                                                
Mr. Swanson corrected the net amount is $30 million.                                                                            
                                                                                                                                
     Item: 70                                                                                                                   
     Section: 1(c)                                                                                                              
     RDU: Office of Public Advocacy                                                                                             
     Supplemental   Need:  Projected  annual  caseload   increase  -                                                            
     Because  of the difficulty in  projecting case types  and costs                                                            
     18 months in advance,  OPA has historically funded the workload                                                            
     and  caseload increases  through supplemental  appropriations.                                                             
     Funding  of $25,000  in general fund/program  receipts  is from                                                            
     the Department  of Law from collections under  Criminal Rule 39                                                            
     and Appellate Rule 209.                                                                                                    
     $600,000 general funds                                                                                                     
                                                                                                                                
Mr. Swanson stated the  requested amount is the projected difference                                                            
between the initial FY  05 appropriation and the amount necessary to                                                            
fund the  Office for  the remainder  of the  fiscal year.  Including                                                            
this   supplemental   appropriation,   the   Office   would   expend                                                            
approximately  the  same  as  was  expended  in FY  04,  despite  an                                                            
increased caseload.                                                                                                             
                                                                                                                                
Co-Chair Green asked if funds appropriated in FY 04 had lapsed.                                                                 
                                                                                                                                
Mr. Swanson  explained that the total  FY 05 appropriation  would be                                                            
approximately $100,000 more than the previous year.                                                                             
                                                                                                                                
Co-Chair Wilken  recalled the legislature  appropriated 100  percent                                                            
of the requested amount for FY 05.                                                                                              
                                                                                                                                
Mr. Swanson agreed  the entire request was granted,  but pointed out                                                            
the amount that was requested  was less than the actual expenditures                                                            
of FY 04.                                                                                                                       
                                                                                                                                
Co-Chair  Green asked consequences  if this  appropriation  were not                                                            
approved.                                                                                                                       
                                                                                                                                
JOSH FINK,  Public Advocate, Office  of Public Advocacy,  Department                                                            
of Administration,  testified that  if the request were not  funded,                                                            
the Office  would be required to cease  operations for the  month of                                                            
July.                                                                                                                           
                                                                                                                                
     Item: 71                                                                                                                   
     Section: 1(d)                                                                                                              
     RDU: Public Defender Agency                                                                                                
     Supplemental  Need: Projected  annual  caseload increase  - Ms.                                                            
     Davidson   was  reappointed   to  several  hundred   old  cases                                                            
     associated  with  the  Blakely decision,  which  rendered  some                                                            
     aspects   of  the  State  of   Alaska's  sentencing   framework                                                            
     unconstitutional.  Also, increases in travel  to remote courts,                                                            
     expert  witness, discovery and  file storage costs.  Funding of                                                            
     $24,900   in  general   fund/program   receipts  is  from   the                                                            
     Department  of Law from collections under Criminal  Rule 39 and                                                            
     Appellate  Rule 209.  Also includes  Therapeutic court  funding                                                            
     coming from  federal funds received by the National  Council on                                                            
     Alcohol  and Drug Dependency  and allocated to State  agencies.                                                            
     $887,200 general funds                                                                                                     
                                                                                                                                
Mr. Swanson  noted this request is  similar to the Office  of Public                                                            
Advocacy request. The amount  requested for this item represents the                                                            
difference  between the initial FY  05 appropriation and  the amount                                                            
required to  fund the Agency for the  remainder of the fiscal  year.                                                            
He spoke to significant caseload growth.                                                                                        
                                                                                                                                
Co-Chair Wilken  pointed out that  the Agency was also fully  funded                                                            
for FY 05 in the amount requested.                                                                                              
                                                                                                                                
BARBARA  BRINK,  Director,  Public Defender  Agency,  Department  of                                                            
Administration,  affirmed  the  appropriation  was the  full  amount                                                            
requested. She indicated  a chart showing consistent caseload growth                                                            
for the  Agency [copy not  provided.] It  is expected that  caseload                                                            
would  increase nine  percent,  partially  due to  the finding  that                                                            
Alaska sentencing  statutes were unconstitutional.  This impacted an                                                            
unknown number  of cases involving defendant sentencing.  The Agency                                                            
has already  been assigned  multiple  new cases as  a result  of the                                                            
appellate   court  finding.   In  addition,   felony  filings   have                                                            
increased. This  is a reasonable consequence of the  funding of nine                                                            
additional prosecutor positions,  additional State Trooper positions                                                            
and the appointment of two new judges.                                                                                          
                                                                                                                                
     Item: 72                                                                                                                   
     Section: 1(e)                                                                                                              
     RDU: Risk Management                                                                                                       
     Supplemental  Need: Two major claims against  the State's self-                                                            
     insurance  deductible  ($1 million per  loss) for catastrophic                                                             
     losses  have  been  incurred:  Fairbanks  Correctional   Center                                                            
     (total  cost is  just  over $1  million) and  Fairweather  hull                                                            
     damage $350,000.                                                                                                           
     $1,350,000 general funds                                                                                                   
                                                                                                                                
Mr. Swanson outlined this item.                                                                                                 
                                                                                                                                
Senator Bunde asked if  the Fairbanks Correctional Center damage was                                                            
the result  of the  incident involving  heavy equipment  used  in an                                                            
attempted escape.                                                                                                               
                                                                                                                                
Mr. Swanson affirmed.                                                                                                           
                                                                                                                                
Senator Bunde  asked about potential  opportunities to recover  this                                                            
expense                                                                                                                         
                                                                                                                                
Mr. Swanson would follow up on the matter.                                                                                      
                                                                                                                                
Co-Chair Green had understood  the purpose of risk management was to                                                            
amass funds  to provide for costs  in the event of such losses  when                                                            
the costs are less than the amount of the deductible.                                                                           
                                                                                                                                
Mr. Swanson replied the  amounts of these claims are higher than the                                                            
amount the risk management has available.                                                                                       
                                                                                                                                
Co-Chair Green asked if the deductible should be lowered.                                                                       
                                                                                                                                
Mr. Swanson deferred the  matter to the Division of Risk Management.                                                            
                                                                                                                                
Senator Stedman  understood the M/V  Fairweather was running  in sea                                                            
conditions that  were calmer than the worst conditions  the ship was                                                            
rated  as able  to withstand.  He asked  if the  manufacturer  would                                                            
provide for at least a portion of the repair costs.                                                                             
                                                                                                                                
Mr.  Swanson  replied  that  remedies were  pursued  and  this  item                                                            
reflects the outcome of those efforts.                                                                                          
                                                                                                                                
Co-Chair Wilken requested further information.                                                                                  
                                                                                                                                
Senator  Olson asked  why the repairs  are not  covered through  the                                                            
Department of Transportation and Public Facilities budget.                                                                      
                                                                                                                                
Mr. Swanson explained that  the Department of Administration manages                                                            
the insurance program.                                                                                                          
                                                                                                                                
     Item: 73                                                                                                                   
     Section: 1(f)                                                                                                              
     RDU: Satellite Infrastructure                                                                                              
     Supplemental Need: The department has realized decreased                                                                   
     rental costs for satellite equipment.                                                                                      
     -$500,000 general funds                                                                                                    
                                                                                                                                
Mr. Swanson  stated this item represents  a reduction in  the amount                                                            
necessary  to  pay   rental  costs  for  public  broadcasting.   The                                                            
Department was able to negotiate more favorable terms.                                                                          
                                                                                                                                
Co-Chair  Wilken  asked  why  the funds  were  not  transferred  for                                                            
information  services  activities   rather  than  deposited  to  the                                                            
general fund.                                                                                                                   
                                                                                                                                
Mr. Swanson replied  that the information services  program operates                                                            
from a separate fund source.                                                                                                    
                                                                                                                                
     Item: 84                                                                                                                   
     Section: 7(c)                                                                                                              
     RDU: Fund Capitalization - Information Services Fund                                                                       
     Supplemental  Need:  Telecommunications   Partnering  Agreement                                                            
     (TPA) disentanglement  remediation $3,200,000,  State of Alaska                                                            
     Telecommunications  System (SATS) and 2-Way Radio  removed from                                                            
     statewide rate allocation and funded separately $3,043,400                                                                 
     $6,243,400 general funds                                                                                                   
                                                                                                                                
Mr. Swanson stated  the first portion of this request  is to provide                                                            
for costs relating to telecommunications operations.                                                                            
                                                                                                                                
Mr. Swanson informed  that the Department separated  the SATS and 2-                                                            
way radio  programs from  the TPA chargeback  system. The costs  had                                                            
exceeded  what   the  Department   could  reasonably  collect   from                                                            
participating agencies.                                                                                                         
                                                                                                                                
Co-Chair Wilken noted the amount of the total request.                                                                          
                                                                                                                                
STAN HERRERA,  Director, Enterprise Technology Services,  Department                                                            
of Administration,  detailed the purpose of the division.  The first                                                            
portion  of the  request  relates  to the  cancelled  contract  with                                                            
Alaska Communications  System to provide telecommunication  services                                                            
to  the State.  Upon  the failure  of that  contract,  the  previous                                                            
provider resumed oversight  and responsibility for the network. This                                                            
resulted in  increased network costs  as well as unrealized  savings                                                            
anticipated  from the ACS  contract. One  anticipated reduction  was                                                            
the elimination of certain toll charges.                                                                                        
                                                                                                                                
Mr. Herrera continued  that the second portion of  this item relates                                                            
to the transfer  of the costs of the  SATS microwave system  and the                                                            
two-way radio  system from the telecommunications  chargeback  costs                                                            
assessed  to agencies.  It  was  determined  that the  $2.8  million                                                            
operating costs of the  two systems should be isolated, although the                                                            
amount was deemed to onerous to the departments.                                                                                
                                                                                                                                
Co-Chair Wilken asked if  federal funds could be utilized to replace                                                            
any general funds expended for this project.                                                                                    
                                                                                                                                
Mr. Herrera  answered that this would  not likely be possible,  as a                                                            
portion of  the costs were  related to  infrastructure. He  detailed                                                            
the expenses incurred  in canceling the telecommunications  contract                                                            
relating to ownership  of circuits and bandwidth.  Efforts have been                                                            
made  to reduce  costs,  including  software  to  enhance  bandwidth                                                            
capacity.                                                                                                                       
                                                                                                                                
Co-Chair Wilken asked if  by funding this project with general funds                                                            
the option to receive federal  funding for a portion of the costs is                                                            
eliminated.                                                                                                                     
                                                                                                                                
Mr. Swanson responded that  it is possible that State agencies could                                                            
be charged  for  some expenses,  regardless  of the  use of  general                                                            
funds.  Those  charges  might  be  eligible  to  "leverage"  federal                                                            
funding.                                                                                                                        
                                                                                                                                
Co-Chair Wilken  requested the Department  identify those  instances                                                            
where this could be possible.                                                                                                   
                                                                                                                                
Mr. Swanson  was unsure  of other  agencies'  ability to  "backfill"                                                            
this expense.                                                                                                                   
                                                                                                                                
Co-Chair Wilken indicated  that further review of this item would be                                                            
made.                                                                                                                           
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                

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