Legislature(2017 - 2018)SENATE FINANCE 532

02/09/2018 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 144 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Heard & Held
David Teal, Director, Legislative Finance
Division
*+ SB 168 APPROP: SUPPLEMENTAL OP.; FUND; AMENDING TELECONFERENCED
Heard & Held
Pat Pitney, Director, Office of Management and
Budget
Neil Steininger, Chief Budget Analyst, Office of
Management and Budget
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 143 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
SENATE BILL NO. 144                                                                                                           
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     loan  program  expenses  of state  government  and  for                                                                    
     certain   programs;    capitalizing   funds;   amending                                                                    
     appropriations;  making   supplemental  appropriations;                                                                    
     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."                                                                                                        
                                                                                                                                
9:05:40 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  related  that the  Operating  and  Mental                                                                    
Health budgets were  before the committee. He  said that the                                                                    
administration  would offer  an  additional presentation  on                                                                    
the Governor's  Supplemental requests.  He relayed  that the                                                                    
committee substitutes  for the  Operating and  Mental Health                                                                    
budgets  before the  committee were  a rearrangement  of the                                                                    
Governor's  budget  requests,  in   a  form  that  both  the                                                                    
Division   of  Legislative   Legal  and   the  Division   of                                                                    
Legislative Finance (LFD) believed were appropriate.                                                                            
                                                                                                                                
9:05:52 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  MOVED to ADOPT the  committee substitute                                                                    
for SB 144, Work Draft 30-GS2564\D (Wallace, 1/29/18).                                                                          
                                                                                                                                
Co-Chair Hoffman OBJECTED for discussion.                                                                                       
                                                                                                                                
9:06:32 AM                                                                                                                    
                                                                                                                                
DAVID   TEAL,   DIRECTOR,  LEGISLATIVE   FINANCE   DIVISION,                                                                    
explained the  committee substitute. He stated  that version                                                                    
D, with a  few exceptions, used the same  fund sources, same                                                                    
amounts, located  in the  same areas of  the budget,  as the                                                                    
Governor's proposed bill. He noted  that the exceptions were                                                                    
several   contingent   appropriations;  The   Constitutional                                                                    
Budget  Reserve (CBR)  language pertaining  to $425  million                                                                    
and the $1.1  million appropriation for "hot  shot" crews in                                                                    
the  Department of  Natural Resources.  He  stated that  the                                                                    
division treated  contingencies as the maximum  value, while                                                                    
the Governor's budget treated them  as a minimum. He related                                                                    
that with  those two differences, the  transactions were the                                                                    
same.  He offered  that the  point in  creating the  current                                                                    
version,  rather than  using the  Governor's budget,  was to                                                                    
make  the  conforming technical  changes  to  make the  bill                                                                    
readily amendable. He said that  format changes would not be                                                                    
as issue  future iterations of  the legislation but  for all                                                                    
practical   purposed  the   bill  mirrored   the  Governor's                                                                    
proposal.                                                                                                                       
                                                                                                                                
9:08:27 AM                                                                                                                    
                                                                                                                                
Senator  Micciche spoke  to the  maximum  and minimum  value                                                                    
difference related to the  contingency language. He wondered                                                                    
whether  the bottom  line changed  because of  the differing                                                                    
viewpoints.                                                                                                                     
                                                                                                                                
Mr.  Teal replied  in the  affirmative. He  stated that  the                                                                    
number  in  the  current  version was  higher,  because  the                                                                    
administration  counted General  Fund spending  as zero  (in                                                                    
anticipation  of   federal  dollars   for  the   "hot  shot"                                                                    
program), while  the LFD  counted it as  $1.1 million  - the                                                                    
total that could be spent.                                                                                                      
                                                                                                                                
9:09:19 AM                                                                                                                    
                                                                                                                                
Mr.  Teal  said that  there  was  a two-page  document  that                                                                    
explained some  of the larger  changes, "Summary  of Changes                                                                    
from the  Governor's Operating Bill  and CSSB  144(FIN) Work                                                                    
Draft 30-GS2564\Wallace,  1/29/18"(copy on file) and  a Word                                                                    
document that tracked  changes, "SB 144 ver A to  D from Leg                                                                    
Legal 1/30/18 CS Zero".                                                                                                         
                                                                                                                                
9:09:54 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  explained that any  substantive amendments                                                                    
would be  addressed by each budget  subcommittee and brought                                                                    
before  the committee  after the  public  process. He  noted                                                                    
that the committee was awaiting  the draft sent by the other                                                                    
body, as well.                                                                                                                  
                                                                                                                                
9:10:20 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  surmised that the budget  as proposed by                                                                    
the Governor did not include community assistance.                                                                              
                                                                                                                                
Mr.  Teal  replied  that community  assistance  was  in  the                                                                    
budget in  the sense  that a supplemental  appropriation has                                                                    
been included,  bringing the  year-end FY  18 balance  up to                                                                    
$90 million,  which allowed for a  $30 million appropriation                                                                    
for distribution to communities in  FY 19. He pointed out to                                                                    
the committee that there was  no FY 19 funding for community                                                                    
assistance,  which  LFD believed  should  exist  by law.  He                                                                    
explained  that  FY  17 excess  earnings  should  have  been                                                                    
deposited  for FY  19, this  had not  been done;  currently,                                                                    
communities would receive  $30 million in FY  19, which will                                                                    
drop to $20 million in FY 20.                                                                                                   
                                                                                                                                
9:11:49 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman argued that the  Governor was short funding                                                                    
the future and was not  following the intent of the pervious                                                                    
legislation pertaining  to community revenue  sharing, which                                                                    
was that  communities should be  able to depend on  the fund                                                                    
source for planning purposes.                                                                                                   
                                                                                                                                
9:12:49 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon noted the second  item, pensions, had not                                                                    
been  funded  to  the requested  amount  determined  by  the                                                                    
previous actuarial numbers.                                                                                                     
                                                                                                                                
Mr. Teal  replied that  the June  2016 valuation,  which had                                                                    
determined  the  FY  19  rates,  reflected  that  the  state                                                                    
assistance  contributions  to  retirement  programs,  should                                                                    
have been approximately  $299 million. He said  that in 2015                                                                    
there  had  been a  large  deposit  made to  the  retirement                                                                    
systems, with  the intent that  the 3-year rate  setting lag                                                                    
should be  truncated to 2 years.  He said that in  an effort                                                                    
to  shorten  the  lag,  the June  2016  valuation  had  been                                                                    
updated  with  new assumptions,  which  had  resulted in  an                                                                    
impact to  state assistance by  $35 million - mostly  due to                                                                    
exceptional returns  experienced in  FY 17. He  relayed that                                                                    
the Governor's bill had built  in retirement savings under a                                                                    
group waiver for  retirees that would reduce  drug costs and                                                                    
could result  in an additional  savings. He stated  that the                                                                    
Governor's budget  had those  savings built  in immediately,                                                                    
even  though  they  were  not  yet  achieved.  He  suggested                                                                    
considering  whether  the  committee   wanted  to  build  in                                                                    
potential savings  before they had materialized,  or whether                                                                    
traditional  actuarial methods  should be  used. He  worried                                                                    
about  taking   advantage  of  savings  that   had  not  yet                                                                    
materialized.                                                                                                                   
                                                                                                                                
9:16:25 AM                                                                                                                    
Co-Chair  MacKinnon  expressed  some trepidation  about  the                                                                    
administration  taking the  $3 billion  cash infusion  in an                                                                    
attempt   to  increase   the  funding   ratio  for   retiree                                                                    
healthcare.  She said  that the  projected unfunded  pension                                                                    
obligation was  growing. She  spoke to  the tax  credits for                                                                    
industry and  when those credits  should be paid.  She asked                                                                    
for  details, based  on  current  statute, concerning  short                                                                    
funded tax credits in the Governor's budget.                                                                                    
                                                                                                                                
Mr.  Teal   suggested  that   in  future   talks  concerning                                                                    
retirement  benefits  that  the committee  should  note  the                                                                    
actuarial projections over  the next 20 years.  He said that                                                                    
the funding ration  had fallen over the last  few years, and                                                                    
would continue  to fall, and that  future contributions were                                                                    
expected    to    increase.   He    questioned    decreasing                                                                    
contributions now,  in the face  of falling  funding ratios,                                                                    
and increasing contributions in the future.                                                                                     
                                                                                                                                
Mr. Teal  spoke to  the tax credits.  He explained  that the                                                                    
statutory  minimum would  be $206  million, and  alternative                                                                    
interpretation was as  low as $49 million. He  said that the                                                                    
administration supported the $206  million level of funding.                                                                    
He stated  that the Governor's budget  contained $27 million                                                                    
for oil  and gas  tax credits,  which was  what the  cost of                                                                    
debt service  would be  for issuing bonds  to fully  buy the                                                                    
outstanding  tax  credits and  then  make  the debt  service                                                                    
payments. He  reiterated that there  was no  money deposited                                                                    
into the oil and gas tax  credit purchase fund in the budget                                                                    
but  was instead  a $27  million appropriation  to pay  debt                                                                    
service on bonds that would be used to buy credits.                                                                             
                                                                                                                                
9:21:08 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman clarified  that the cs did  not address any                                                                    
of the issues  under conversation but would  be discussed by                                                                    
the   committee  during   the   process   of  amending   the                                                                    
legislation.                                                                                                                    
                                                                                                                                
9:22:00 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  believed that the budget  was lower than                                                                    
it  should   be  to  meet  the   state's  responsibility  to                                                                    
industry.                                                                                                                       
                                                                                                                                
9:22:58 AM                                                                                                                    
                                                                                                                                
Senator   Micciche   asked    how   legislation,   and   the                                                                    
consideration  of the  passage  of certain  bills, would  be                                                                    
included in the budget.                                                                                                         
                                                                                                                                
9:23:34 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  replied  that  the  statutorily  required                                                                    
items under discussion would be the base of the budget.                                                                         
                                                                                                                                
9:24:23 AM                                                                                                                    
                                                                                                                                
Senator  Micciche  understood  that  if  legislation  passed                                                                    
during the  budgetary process,  it would  be reflected  in a                                                                    
final budget document.                                                                                                          
                                                                                                                                
9:24:42 AM                                                                                                                    
                                                                                                                                
Mr.  Teal stressed  that  LFD would  have  the three  fiscal                                                                    
notes  that were  built into  the  budget: oil  and gas  tax                                                                    
credits,   senior  benefits,   and  school   trust  fund   -                                                                    
preferably as fiscal  notes. He said that,  for example, the                                                                    
division would  have preferred a $206  million appropriation                                                                    
in  the  bill for  tax  credits,  with  a fiscal  note  that                                                                    
reduced  the amount  and  changing it  to  debt service.  He                                                                    
relayed that  there were supplemental appropriations  in the                                                                    
Operating  Budget,  he  emphasized  that  the  bill  version                                                                    
before the  committee was not  an LFD recommendation,  but a                                                                    
rewrite  of  the  Governor's  proposal  that  contained  the                                                                    
fiscal  notes and  the supplemental  appropriations included                                                                    
by the  administration. He said that  it would be up  to the                                                                    
amendment process to change the bill.                                                                                           
                                                                                                                                
9:26:26 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman stated  that the practice for  20 years had                                                                    
been to  not include supplemental requests  in the Operating                                                                    
Budget.                                                                                                                         
                                                                                                                                
9:27:04 AM                                                                                                                    
                                                                                                                                
Senator  Micciche wondered  whether  the supplemental  items                                                                    
included in the bill could be highlighted.                                                                                      
                                                                                                                                
9:27:21 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman hoped to address  the supplemental items at                                                                    
a later date.                                                                                                                   
9:27:43 AM                                                                                                                    
                                                                                                                                
Senator Olson  remarked that there was  a difference between                                                                    
the philosophical and political  implications related to the                                                                    
budget.  He  asked whether  there  was  an actual  financial                                                                    
difference between using fiscal notes  in the budget and the                                                                    
way the administration had presented the budget proposal.                                                                       
                                                                                                                                
Mr. Teal  replied that  there was no  difference as  long as                                                                    
the legislation passed; if money was  going to be put in the                                                                    
budget that was contingent on the  passage of a bill, if the                                                                    
fiscal note matched  the amount of money  that was currently                                                                    
in the budget - there was no real difference.                                                                                   
                                                                                                                                
9:28:46 AM                                                                                                                    
                                                                                                                                
Senator Olson  spoke of the dwindling  constitutional budget                                                                    
reserve  (CBR),  and  the  possible   use  of  the  earnings                                                                    
reserve.  He wondered  whether the  Governor's approach  was                                                                    
faulty.                                                                                                                         
                                                                                                                                
Mr. Teal  thought that  transparency was in  the eye  of the                                                                    
beholder. He believed that the  administration was trying to                                                                    
present a budget that they thought was was transparent.                                                                         
                                                                                                                                
9:29:44 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman WITHDREW  the  OBJECTION.  There being  NO                                                                    
OBJECTION, the proposed committee substitute was adopted.                                                                       
                                                                                                                                
SB  144  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
020918 FY2018 Supplemental Summary and Detail.pdf SFIN 2/9/2018 9:00:00 AM
SB 168
SB 168 FY2018 Supplemental Summary.pdf SFIN 2/9/2018 9:00:00 AM
SB 168
SB 168 FY2018 Supplemental Backup.pdf SFIN 2/9/2018 9:00:00 AM
SB 168
SB 144 D operating budget.pdf SFIN 2/9/2018 9:00:00 AM
SB 144
SB 144 Summary of Changes from the Gov to CSSB 144(FIN).pdf SFIN 2/9/2018 9:00:00 AM
SB 144
SB 144 ver A to D from Leg Legal 1 30 18 CS Zero.pdf SFIN 2/9/2018 9:00:00 AM
SB 144
SB 143 work draft version D.pdf SFIN 2/9/2018 9:00:00 AM
SB 143
SB 143 Summary of Changes from the Gov to CSSB143(FIN).pdf SFIN 2/9/2018 9:00:00 AM
SB 143
SB 143 ver A to D from Leg Legal 1 30 18 CS Zero.pdf SFIN 2/9/2018 9:00:00 AM
SB 143