Legislature(2009 - 2010)

03/24/2010 03:00 PM House FIN


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03:00:07 PM Start
03:07:42 PM 326
03:48:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 24, 2010                                                                                            
                         3:00 p.m.                                                                                              
3:00:07 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Hawker  called the House Finance  Committee meeting                                                                    
to order at 3:00 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Hawker, Co-Chair                                                                                            
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Vice-Chair                                                                                      
Representative Allan Austerman                                                                                                  
Representative Mike Doogan                                                                                                      
Representative Anna Fairclough                                                                                                  
Representative Neal Foster                                                                                                      
Representative Les Gara                                                                                                         
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Woodie Salmon                                                                                                    
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Leta  Simons,   Director,  Division  of   Support  Services,                                                                    
Department of Natural  Resources; David Blaisdell, Director,                                                                    
Administrative  Services Division,  Department  of Law;  Guy                                                                    
Bell,  Assistant  Commissioner  and  Director,  Division  of                                                                    
Administrative Services,  Department of Labor  and Workforce                                                                    
Development; Alison  Elgee, Assistant  Commissioner, Finance                                                                    
and  Management Services,  Department of  Health and  Social                                                                    
Services; Patricia Walker, Staff, Senator Lyman Hoffman;                                                                        
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 326    SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
                                                                                                                                
          HB 326 was HEARD and HELD in Committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
#326                                                                                                                            
HOUSE BILL NO. 326                                                                                                            
                                                                                                                                
     "An  Act  making supplemental  appropriations,  capital                                                                    
     appropriations,  and   other  appropriations;  amending                                                                    
     appropriations;   repealing    appropriations;   making                                                                    
     appropriations to  capitalize funds; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
3:07:42 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker introduced a new  CS for HB 326. He informed                                                                    
the committee  that the  Committee Substitute  (CS) contains                                                                    
only  the operating  budget items  in the  supplemental; the                                                                    
capital items  will be considered separately  in the capital                                                                    
budget.  He  noted that  the  Transaction  Reports (copy  on                                                                    
file) from  the Legislative Finance Division  (LFD) depicted                                                                    
a decrease  of $  4.5 million  from the  Governor's proposed                                                                    
supplemental request.                                                                                                           
                                                                                                                                
Co-Chair  Hawker  reported  that  the  bill  does  not  fund                                                                    
everything the  governor requested.  He noted  that drafting                                                                    
the  CS was  a  joint  effort that  involved  the House  and                                                                    
Senate  Finance Co-Chairs  and their  staff,  the Office  of                                                                    
Management and Budget (OMB), and LFD.                                                                                           
                                                                                                                                
3:13:20 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  mentioned items that were  specifically not                                                                    
addressed  in the  CS: the  Carlson  case, reclamation  bond                                                                    
interest  on the  foreclosure of  an exploration  project in                                                                    
the Cook Inlet  area, and a Department  of Natural Resources                                                                    
request for  additional gas pipeline  implementation funding                                                                    
for $537 thousand.                                                                                                              
                                                                                                                                
Co-Chair  Hawker summarized  the  highlights of  the CS.  He                                                                    
reported  that K-12  education received  forward funding  in                                                                    
the amount  of $  1,000,100,000. The CS  included the  FY 10                                                                    
and  FY  11  Corrections   Officers  arbitration  award  and                                                                    
capitalization of  the disaster relief fund  for $5,000,000.                                                                    
He noted  the increasing  incidents of criminal  cases being                                                                    
prosecuted  that lead  to  the increases  in  the Office  of                                                                    
Public  Advocacy   and  the  Public  Defender   Agency.  The                                                                    
Department  of Corrections  fuel shortage  was addressed  by                                                                    
additional  funding  of $2,000,000  as  well  as the  inmate                                                                    
healthcare  shortfall of  $4,600,000. He  reported that  the                                                                    
estimates for  the Department of Health  and Social Services                                                                    
children's Medicaid  Services were  much higher than  in the                                                                    
Governor's  request; in  excess of  $2,000,000. The  state's                                                                    
Judgment  and  Claims  issues   increased  from  $28,000  to                                                                    
$1,400,000.  The largest  increment  was  the recent  Bethel                                                                    
court  decision  on  multi-lingual voting  requirements  for                                                                    
approximately  $1,000,000. He  mentioned that  another large                                                                    
increase occurred  in the area of  fire suppression activity                                                                    
for $35,000,000.  Finally, he alluded  to increases  for the                                                                    
Department of Transportation and  Public Facilities in legal                                                                    
defense costs  to challenge violations  [of the  Clean Water                                                                    
Act] imposed by the Environmental Protection Agency (EPA).                                                                      
                                                                                                                                
Representative Gara  asked if all  of the  changes reflected                                                                    
in   the  CS   were  depicted   in  the   spreadsheet  (FY10                                                                    
Supplemental Bill-HB  326 3/23/2010, copy on  file) prepared                                                                    
by  LFD. Co-Chair  Hawker affirmed.  He  announced that  all                                                                    
ensuing discussion on  HB 326 was to be  referenced from the                                                                    
spreadsheet.                                                                                                                    
                                                                                                                                
Representative  Gara   cited  item  376,  page   6,  of  the                                                                    
spreadsheet  in  the  amount   of  $537,600.,  Gas  Pipeline                                                                    
Implementation   per   the   Governor's  request   for   the                                                                    
Department  of Natural  Resources and  asked why  the amount                                                                    
was not funded.                                                                                                                 
                                                                                                                                
LETA  SIMONS,   DIRECTOR,  DIVISION  OF   SUPPORT  SERVICES,                                                                    
DEPARTMENT   OF  NATURAL   RESOURCES,  explained   that  the                                                                    
supplemental  request was  to  cover the  cost  of the  AGIA                                                                    
(Alaska  Gasline Inducement  Act)  coordinator's office  and                                                                    
fully  fund   four  positions.  The  remaining   portion  of                                                                    
$315,000 was  to fund a  competitive benchmark  study before                                                                    
FY 11  to examine  the economic effects  of non-conventional                                                                    
gas sources on the AGIA project.                                                                                                
                                                                                                                                
3:22:08 PM                                                                                                                    
                                                                                                                                
Representative  Gara   referenced  the  same  item   on  the                                                                    
spreadsheet. He  noted that extra  costs have  been incurred                                                                    
due  to  an accelerated  pace  of  the project  prompted  by                                                                    
negotiations  between  TransCanada,   Exxon,  and  AGIA.  He                                                                    
wondered what part of the  process has been accelerated. Ms.                                                                    
Simons  answered that  the overall  pace of  the project  is                                                                    
moving faster than  anticipated. Therefore, increased travel                                                                    
and project review have resulted.                                                                                               
                                                                                                                                
Co-Chair  Hawker warned  that the  governor's management  of                                                                    
funds within  the existing authorization for  AGIA warranted                                                                    
further scrutiny by the Legislature.                                                                                            
                                                                                                                                
Representative Gara  asked what  will happen to  the project                                                                    
without the funding request  appropriated. Ms. Simons stated                                                                    
that  the  state's  response  time  and  monitoring  of  the                                                                    
project  will  slow down.  In  addition,  short funding  the                                                                    
positions will leave them  vacant. Representative Gara asked                                                                    
for  details about  the short  funded positions.  Ms. Simons                                                                    
responded that  there were currently  four positions  in the                                                                    
gas   pipeline  implementation   funding  allocation   (AGIA                                                                    
Coordinator's  office).  The Governor's  office  transferred                                                                    
$390,000 last  year to the  Department of  Natural Resources                                                                    
for  the positions;  $100,000 was  deleted in  the transfer.                                                                    
She furthered  that a higher  level of expertise  was needed                                                                    
therefore, two of  the positions were upgraded  and the AGIA                                                                    
Coordinators' salary was higher than anticipated.                                                                               
                                                                                                                                
Representative  Fairclough MOVED  to  ADOPT  CS HB  326(FIN)                                                                    
(26-GH2827\S, Kane,  3/23/10) as  a working  document. There                                                                    
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
3:26:28 PM                                                                                                                    
                                                                                                                                
Representative Austerman  asked who shorted the  transfer of                                                                    
funds by  $100,000 from  the Governor's  Office to  DNR. Ms.                                                                    
Simons was  not certain.  She remarked that  happened during                                                                    
the legislative budget process last year.                                                                                       
                                                                                                                                
Co-Chair  Hawker  questioned  whether it  was  an  executive                                                                    
decision or part of the legislative budget process.                                                                             
                                                                                                                                
Representative Doogan asked for  the cost of the competitive                                                                    
benchmark  study.   Ms.  Simons  replied  that   the  amount                                                                    
requested was $315,000.  Representative Doogan queried about                                                                    
the  balance  of the  request  and  how  it relates  to  the                                                                    
shortfall  of  funds.  Ms.  Simons  reported  that  $117,600                                                                    
represents  a   shortfall  in   personal  services   and  an                                                                    
additional $90,000  for travel expenses and  the balance for                                                                    
office furnishings and equipment.                                                                                               
                                                                                                                                
3:31:29 PM                                                                                                                    
                                                                                                                                
Representative Gara  cited another AGIA  related expenditure                                                                    
on the spreadsheet, page 6,  item 375, for the Department of                                                                    
Law, a  decrement in the amount  of $884,000 re-appropriated                                                                    
from  a   $1,600,000  lapsing  balance.  He   asked  if  the                                                                    
administration was in agreement.                                                                                                
                                                                                                                                
DAVID    BLAISDELL,   DIRECTOR,    ADMINISTRATIVE   SERVICES                                                                    
DIVISION,  DEPARTMENT OF  LAW, explained  that the  $884,000                                                                    
represents the  current year's oil and  gas contract funding                                                                    
that  was appropriated  last year  that does  not relate  to                                                                    
AGIA.  The   excess  funding  was  caused   by  legal  cases                                                                    
proceeding  slower   than  expected.   He  noted   that  the                                                                    
governor's requested  amount of $964,200 was  the projection                                                                    
of need  by the department  for cases that are  reflected in                                                                    
item 374 that the  legislature appropriated $884,000 for. He                                                                    
added that the oil and gas  cases are picking up and some of                                                                    
the  lapsing funds  might  still  be needed.  Representative                                                                    
Gara  asked  if the  remainder  of  the lapsed  balance  was                                                                    
appropriate.  Mr. Blaisdell  responded  that  the funds  are                                                                    
used for contract legal counsel.                                                                                                
                                                                                                                                
Co-Chair  Hawker clarified  that the  unused portion  of the                                                                    
lapsed balance is still available to the department.                                                                            
                                                                                                                                
3:35:36 PM                                                                                                                    
                                                                                                                                
Representative   Gara   identified   page  12,   item   428,                                                                    
Department  of  Labor  and  Workforce  Development,  $85,000                                                                    
reduction from  an earlier supplemental  proposal to  be re-                                                                    
appropriated[unexpended/unobligated balance  from the Branch                                                                    
Wide Oil  and Gas Development appropriated  to the Workforce                                                                    
Investment Board]. He asked for the department's position.                                                                      
                                                                                                                                
GUY BELL,  ASSISTANT COMMISSIONER AND DIRECTOR,  DIVISION OF                                                                    
ADMINISTRATIVE SERVICES,  DEPARTMENT OF LABOR  AND WORKFORCE                                                                    
DEVELOPMENT,  stated that  the department  was in  agreement                                                                    
with the re-appropriation.                                                                                                      
                                                                                                                                
Representative  Gara   inquired  about  the   Department  of                                                                    
Natural  Resources item  456, page  14 [$175,000  Cook Inlet                                                                    
Reclamation  Bond]. Co-Chair  Hawker restated  that was  the                                                                    
reclamation  bond item  he  described  earlier. He  declared                                                                    
that it  is an open  item that  must be resolved  before the                                                                    
end of  session. He  explained that DNR  had ceded  the bond                                                                    
through  the  demise  of  the  purchaser.  A  new,  interest                                                                    
earning bond  was in place.  The legislature did not  have a                                                                    
place  to appropriate  the interest  due to  restrictions on                                                                    
the bonds use.                                                                                                                  
                                                                                                                                
Representative  Gara  asked  for  an  explanation  from  the                                                                    
Department of  Health and  Social Services  for items  357 -                                                                    
358  on  page  4  [item 357;  reduction  of  the  governor's                                                                    
request  from   $700,000  to  $350,000  for   Admin  Support                                                                    
Services and  item 358; reduction of  $1,050,000 to $525,000                                                                    
for Information Technology Services].                                                                                           
                                                                                                                                
3:39:37 PM                                                                                                                    
                                                                                                                                
ALISON   ELGEE,   ASSISTANT    COMMISSIONER,   FINANCE   AND                                                                    
MANAGEMENT  SERVICES,   DEPARTMENT  OF  HEALTH   AND  SOCIAL                                                                    
SERVICES,   voiced    concern   about    the   appropriation                                                                    
reductions.  She explained  that the  original appropriation                                                                    
request   was  for   a  fund   source  change   to  existing                                                                    
appropriations because  the federal funds  appropriated were                                                                    
not being  realized. She stressed  that no  additional money                                                                    
was  requested.   The  department  would  not   be  able  to                                                                    
accommodate the proposed  reductions through program changes                                                                    
this late in the fiscal year.                                                                                                   
                                                                                                                                
Representative Gara  asked if  general funds  were replacing                                                                    
federal  dollars.  Ms.  Elgee   affirmed.  She  stated  that                                                                    
federal funds for support  services are appropriated through                                                                    
an  indirect  cost  allocation  methodology  that  has  been                                                                    
poorly  understood   and  implemented  by   the  department.                                                                    
Therefore,  much  of the  federal  funding  utilized by  the                                                                    
department was  not real. She  summarized that  the original                                                                    
request was for general funds to replace the federal funds.                                                                     
                                                                                                                                
Representative Gara  voiced his  concern about item  358. He                                                                    
worried   that   the   reductions  would   result   in   the                                                                    
displacement  of  program  services   or  staff.  Ms.  Elgee                                                                    
agreed.  She  related  that  in  order  to  accommodate  the                                                                    
reductions  this  late in  the  fiscal  year the  department                                                                    
would have  to layoff sixty  five employees. She  noted that                                                                    
the department  has the  expenditure authorization  but that                                                                    
approach would result in over-expenditures.                                                                                     
                                                                                                                                
Co-Chair Hawker  asserted that the department  has had huge,                                                                    
very  embarrassing,  and  problematic  breakdowns  in  their                                                                    
accounting controls and  accounting management practices. He                                                                    
noted  that  the  legislature has  backfilled  almost  every                                                                    
request  without questions.  He felt  the department  should                                                                    
accommodate the reductions within their existing resources.                                                                     
                                                                                                                                
3:44:30 PM                                                                                                                    
                                                                                                                                
Representative Gara  argued that  the department has  done a                                                                    
very good job of containing  the costs within their control.                                                                    
He expressed  concern about the  program or  staff reduction                                                                    
needed  to  accommodate  the decrease.  He  noted  that  the                                                                    
department's funding  request this  year is between  two and                                                                    
three percent lower than last year.                                                                                             
                                                                                                                                
Representative  Austerman wondered  about  the reduction  of                                                                    
$260,000  for the  Department of  Environmental Conservation                                                                    
on page 2, line 337  for laboratory services. He stated that                                                                    
the amount was approved in the Finance Subcommittee.                                                                            
                                                                                                                                
Co-Chair Hawker offered that  the department determined that                                                                    
the funds were not needed.                                                                                                      
                                                                                                                                
Representative  Austerman  inquired  about a  grant  to  the                                                                    
Department of  Commerce, Community and  Economic Development                                                                    
on  page  11,  line  409  to  the  World  Trade  Center  for                                                                    
$250,000.  Co-Chair   Hawker  indicated   that  it   was  an                                                                    
operating grant to a named  recipient. It was brought to his                                                                    
office by Senator Hoffman to include in the supplemental.                                                                       
                                                                                                                                
3:48:34 PM                                                                                                                    
                                                                                                                                
PATRICIA WALKER,  STAFF, SENATOR LYMAN HOFFMAN,  stated that                                                                    
the grant  is for an exposition  that begins in May  of this                                                                    
year. Co-Chair  Hawker expounded  that the exposition  is in                                                                    
China, commences in  May and ends in October.  He added that                                                                    
the item  was requested by Representative  Olsen and Senator                                                                    
Menard. The event  is an Asian expo  on international trade.                                                                    
The  state's  interest  was in  seafood  marketing  and  has                                                                    
historically  participated.  The  item   was  added  to  the                                                                    
supplemental to expedite the funding.                                                                                           
                                                                                                                                
Representative Gara  thought that the amount  was excessive.                                                                    
Co-Chair  Hawker  furthered  that  the funds  were  used  to                                                                    
maintain a booth for the months of May through September.                                                                       
                                                                                                                                
Representative  Gara reported  that during  a Department  of                                                                    
Environmental  Conservation   Finance  subcommittee  meeting                                                                    
there  was testimony  regarding the  food safety  inspection                                                                    
program.  He related  that testifiers  felt the  program was                                                                    
understaffed  and unreliable  which  posed a  danger to  the                                                                    
public.  In subsequent  contact  with  the Commissioner,  he                                                                    
relayed that the  department would need an  extra $3 million                                                                    
for  the staffing  to  comply with  federal  law. Rep.  Gara                                                                    
stated that  no additional funding request  was submitted by                                                                    
the department. Rep. Gara questioned whether the public was                                                                     
adequately protected.                                                                                                           
                                                                                                                                
                                                                                                                                
HB 326 was HEARD and HELD in Committee for further                                                                              
consideration.                                                                                                                  
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:56 PM                                                                                            

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