Legislature(2011 - 2012)HOUSE FINANCE 519

02/28/2011 01:30 PM House FINANCE


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01:40:55 PM Start
01:41:03 PM HB108 || HB109
02:07:32 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Heard & Held
+= HB 109 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 28, 2011                                                                                          
                         1:40 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:40:55 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Thomas called the House Finance Committee meeting                                                                      
to order at 1:40 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Co-Chair                                                                                        
Representative Anna Fairclough, Vice-Chair                                                                                      
Representative Mia Costello                                                                                                     
Representative Mike Doogan                                                                                                      
Representative Les Gara                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Reggie Joule                                                                                                     
Representative Mark Neuman                                                                                                      
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative Mike Chenault; Peter Ecklund, Staff,                                                                             
Representative Bill Thomas; Karen Rehfeld, Director, Office                                                                     
of Management and Budget, Office of the Governor.                                                                               
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 108    APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
                                                                                                                                
          HB 108 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 109    APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
          HB 109 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
                                                                                                                                
HOUSE BILL NO. 108                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     loan program expenses of  state government, for certain                                                                    
     programs, and  to capitalize  funds; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
HOUSE BILL NO. 109                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     capital    expenses   of    the   state's    integrated                                                                    
     comprehensive mental health  program; and providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
1:41:03 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough  MOVED to ADOPT  Committee Substitute,                                                                    
Work Draft CSHB 108(FIN)  27-GH1737\E (Bailey, 2/28/11) as a                                                                    
working  document  before  the  committee.  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Vice-chair Fairclough MOVED  to ADOPT, Committee Substitute,                                                                    
Work Draft CSHB 109(FIN)  27-GH1738\B (Bailey, 2/26/11) as a                                                                    
working  document  before  the  committee.  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
1:42:47 PM                                                                                                                    
                                                                                                                                
PETER ECKLUND, STAFF,  REPRESENTATIVE BILL THOMAS, discussed                                                                    
the highlights  of CSHB 108(FIN).  He relayed  that detailed                                                                    
budget  subcommittee   reports  had   been  posted   on  the                                                                    
Legislative   Finance    Division   website.    The   budget                                                                    
subcommittees had  reduced the governor's amended  budget in                                                                    
the  amount of  $18,473,900 in  general funds.  He discussed                                                                    
that between the agencies and  the statewide components that                                                                    
reductions  in  the  bill equaled  $8,970,202,200  and  were                                                                    
$29,830,000 less  than the  governor's amended  request. The                                                                    
CS   authorized   $1,099,426,000   in  transfers   and   was                                                                    
approximately $49,600,000 less  than the governor's request.                                                                    
He pointed to  the language section of  the operating budget                                                                    
that had  been rearranged to  reflect a more  logical order.                                                                    
He  explained that  the CS  included minor  modifications to                                                                    
additional  sections and  several  other changes.  Including                                                                    
the language section, the general  fund was $20,022,400 less                                                                    
than  the governor's  request. He  reviewed  several of  the                                                                    
larger items that  were included in the  language section of                                                                    
the bill. He discussed that  the governor's fuel trigger had                                                                    
a base of $50 with a  budget that was based on approximately                                                                    
$83 per barrel oil. Section 20  of the CS would increase the                                                                    
minimum trigger  to $64  and would result  in the  spread of                                                                    
$9.5   million  of   fuel  general   fund  money   into  the                                                                    
departments' base  budgets within the number  section of the                                                                    
bill. The  change used the  same allocation that  the Office                                                                    
of Management  and Budget  (OMB) had used  in the  past. The                                                                    
supplemental budget  had included an exception  related to a                                                                    
$4 million  reappropriation request  from the  Alaska Marine                                                                    
Highway  System  (AMHS),  Department of  Transportation  and                                                                    
Public  Facilities  that  would apply  excess  fuel  revenue                                                                    
towards  maintenance and  operations of  vessels; therefore,                                                                    
the fuel trigger had been reduced by $4 million.                                                                                
                                                                                                                                
Mr. Ecklund directed attention to  the Public Education Fund                                                                    
in Section  24 (e)  and explained that  the CS  fully funded                                                                    
the  FY  13  K-12  need based  on  the  foundation  formula;                                                                    
however, the  CS transferred approximately $49  million less                                                                    
in  order to  avoid a  fund surplus  of $56  million to  $57                                                                    
million.  The  appropriation  would still  fully  fund  K-12                                                                    
education in FY 13, but the  surplus would be reduced to $11                                                                    
million  or  one  percent. He  opined  that  the  allocation                                                                    
should  be adequate.  The governor's  amendment for  Federal                                                                    
Medical Assistance  Percentage (FMAP) backstop  language had                                                                    
been   added  in   Section  14(b).   The  appropriation   of                                                                    
approximately $129,400,000  from the  general fund  would be                                                                    
necessary  if the  federal law  and  the FMAP  rate did  not                                                                    
change.  He  delineated  that the  $129.4  million  was  not                                                                    
included  in  the  current  report  and  subsequently  would                                                                    
represent an increase to the  budget. He moved to Section 12                                                                    
(e),  Page  59,  related  to the  Alaska  Seafood  Marketing                                                                    
Institute (ASMI).  The supplemental  had included  a request                                                                    
to replace $4.6 million in  ASMI receipts, for processor tax                                                                    
collections  for marketing,  with  general funds.  Currently                                                                    
the  agency  determined  its   future  marketing  budget  by                                                                    
projecting  how many  federal  receipts and  self-assessment                                                                    
tax collections it  would have and general  funds were added                                                                    
to the  number. The  governor had  proposed $6.5  million to                                                                    
fund  the agency  in  FY 12.  The CS  used  the actual  $7.7                                                                    
million that  had been collected  by industry  for marketing                                                                    
in  FY  10  instead  of  using  projections  of  future  tax                                                                    
collections.  The CS  language  mirrored  the Alaska  Travel                                                                    
Industry  Association  (ATIA)  QTA statutory  language  that                                                                    
provided a  fifty-fifty match with industry  and matched the                                                                    
$7.7   million  of   general  funds   from   ASMI's  FY   10                                                                    
collections. He  detailed that there would  be carry-forward                                                                    
from actual receipts  from FY 11 and FY 12  in the amount of                                                                    
$5.5   million    if   the   supplemental    was   approved.                                                                    
Additionally, the bill authorized  ASMI to expend 20 percent                                                                    
or $1.5 million of the FY 10 collections.                                                                                       
                                                                                                                                
1:52:18 PM                                                                                                                    
                                                                                                                                
Mr. Ecklund  detailed that  the goal was  to move  away from                                                                    
funding based  on projections and towards  matching the most                                                                    
current actuals  on a dollar-per-dollar basis.  The receipts                                                                    
would roll forward if the  agency collected more in a fiscal                                                                    
year  than it  was authorized  to expend.  The change  would                                                                    
help  give  the  agency  more  stability  in  its  marketing                                                                    
program from year-to-year and would  allow it to plan future                                                                    
marketing   strategies   without   requesting   supplemental                                                                    
general funds. Intent language expressed  that the state was                                                                    
willing to  match up to  $9 million in  industry collections                                                                    
and  the  agency  would  carry  the  money  forward  if  the                                                                    
industry brought in more than $9 million.                                                                                       
                                                                                                                                
Mr. Ecklund discussed that the  CS removed a $9 million ATIA                                                                    
QTA appropriation from  the numbers section and  moved it to                                                                    
the  language section  (Section 12  (g)). He  explained that                                                                    
the same  model would be used  for ATIA as was  proposed for                                                                    
ASMI. The  proposal was to  match industry  collections that                                                                    
had been $3,045,000 in FY  10. The agency could not increase                                                                    
its contributions  for FY 10  because it had not  known that                                                                    
the  legislature   would  move   to  the   new  methodology.                                                                    
Additional  funding  of  $5,954,600  was  available  to  the                                                                    
agency for  FY 12  through the QTA  dollar-for-dollar match.                                                                    
He  expounded  that  the  language  section  used  the  same                                                                    
mechanism  and   level  of  appropriation  as   the  numbers                                                                    
section,  but  it was  split  out  slightly differently.  He                                                                    
added that  the ASMI appropriation  had been moved  from the                                                                    
numbers section to the language section of the CS.                                                                              
                                                                                                                                
Co-Chair  Stoltze  hoped  that  a  collective  effort  would                                                                    
produce a better solution to  help the tourism industry with                                                                    
the challenges  that it faced.  He did not want  the funding                                                                    
to come from the capital budget.                                                                                                
                                                                                                                                
Co-Chair Thomas  agreed. He thought that  the appointment of                                                                    
a  task force  for ATIA  would  be helpful.  He discussed  a                                                                    
similar  task force  had been  appointed for  salmon fishing                                                                    
that had assessed  the fishermen at about  seven percent. He                                                                    
noted that in the meantime  the legislature was bound by law                                                                    
to follow the specific equation.                                                                                                
                                                                                                                                
1:57:51 PM                                                                                                                    
                                                                                                                                
Representative  Gara   asked  whether  funding   related  to                                                                    
Medicaid  school receipts  had  been  forgone because  there                                                                    
were  schools   that  had  not  applied   for  the  receipts                                                                    
correctly.  Additionally,  he   wondered  how  strongly  the                                                                    
tourism industry taxed  itself to fund its  share of tourism                                                                    
marketing.  He   suggested  looking  at  the   industry  the                                                                    
following year  to determine the  amount of funds  that were                                                                    
contributed by the industry and  whether a fifty-fifty match                                                                    
was deserved.                                                                                                                   
                                                                                                                                
Mr. Ecklund asked whether  Representative Gara was referring                                                                    
to Medicaid school-based claims.                                                                                                
                                                                                                                                
Representative   Gara   explained    the   legislature   had                                                                    
"backfilled"  funding  because   school  districts  had  not                                                                    
properly applied  for the money.  Mr. Ecklund  replied there                                                                    
was  approximately  $5.6  million in  Medicaid  school-based                                                                    
claims  that  a  few  districts  had  applied  for.  The  CS                                                                    
proposed moving  the entire funding amount  to the districts                                                                    
that applied,  whereas, currently  half of the  funding went                                                                    
to schools that applied and  the remaining funds went to the                                                                    
K-12 formula.                                                                                                                   
                                                                                                                                
Representative  Gara  asked  whether school  districts  were                                                                    
following  through  on their  promise  to  do a  better  job                                                                    
applying for the Medicaid school-based  claim funding in the                                                                    
current year. He thought the  large debate that had occurred                                                                    
the prior year  had been centered on  backfilling funds that                                                                    
school  districts had  not applied  for. Mr.  Ecklund needed                                                                    
clarity on the question.                                                                                                        
                                                                                                                                
KAREN REHFELD,  DIRECTOR, OFFICE  OF MANAGEMENT  AND BUDGET,                                                                    
OFFICE OF  THE GOVERNOR, verified  that the debate  had been                                                                    
related to  Medicaid school-based  claims. She  relayed that                                                                    
the Department of Health and  Social Services (DHSS) and the                                                                    
Department  of Education  and Early  Development (DEED)  had                                                                    
been working to increase the  level of school involvement in                                                                    
the  program. She  believed  that the  CS  would direct  the                                                                    
received funds to the participating districts.                                                                                  
                                                                                                                                
Mr. Ecklund agreed.                                                                                                             
                                                                                                                                
Representative  Gara  wondered  whether more  districts  had                                                                    
submitted  applications, which  would  prevent  the loss  of                                                                    
federal funding. Ms. Rehfeld  responded that the departments                                                                    
were  working   hard  to  make  sure   that  districts  were                                                                    
submitting  their applications.  The departments  would need                                                                    
to provide specifics related to  progress that had been made                                                                    
from the prior year.                                                                                                            
                                                                                                                                
Representative Gara  asked whether the state  was funding as                                                                    
much foregone federal funding as  it had the prior year. Ms.                                                                    
Rehfeld replied  that there was  not a backfill  request for                                                                    
the current year.                                                                                                               
                                                                                                                                
Co-Chair  Stoltze wondered  what it  would take  to get  the                                                                    
school districts to apply. He  discussed that both Anchorage                                                                    
and  Matanuska-Susitna  had   large  school  districts  with                                                                    
numerous  employees  and that  the  schools  should have  no                                                                    
problem applying.                                                                                                               
                                                                                                                                
2:04:29 PM                                                                                                                    
                                                                                                                                
Ms.  Rehfeld believed  that Anchorage  and Mat-Su  were both                                                                    
participating  in   the  direct  services  portion   of  the                                                                    
program. She  relayed that there was  also an administrative                                                                    
portion  of the  program  and  that DEED  would  be able  to                                                                    
provide more detail.                                                                                                            
                                                                                                                                
Representative  Doogan asked  whether  language  on Page  61                                                                    
would  backfill   $129.4  million  for  DHSS.   Mr.  Ecklund                                                                    
responded in  the affirmative.  The language  would backfill                                                                    
the  shortage of  federal funds  with general  funds if  the                                                                    
FMAP rate was not changed.                                                                                                      
                                                                                                                                
Representative  Doogan wondered  when the  state would  know                                                                    
whether FMAP funds would be  available. Mr. Ecklund deferred                                                                    
the question to Ms. Rehfeld.                                                                                                    
                                                                                                                                
Ms.  Rehfeld did  not know  when  the state  would find  out                                                                    
whether the FMAP extension would occur.                                                                                         
                                                                                                                                
Representative Doogan asked whether  the "drop-dead" date on                                                                    
the FMAP extension  was July 1, 2011.  Ms. Rehfeld responded                                                                    
in the affirmative.                                                                                                             
                                                                                                                                
Representative Gara  was concerned about the  $129.4 million                                                                    
in the governor's  budget. He believed it was  a deficit and                                                                    
that it would  require a law change by Congress  in order to                                                                    
ensure the state would receive the money.                                                                                       
                                                                                                                                
2:07:32 PM                                                                                                                    
                                                                                                                                
Co-Chair Thomas noted  that the money had  not been included                                                                    
in the CS in order to reduce the size of the budget.                                                                            
                                                                                                                                
Representative Neuman wondered whether  the intent in the CS                                                                    
was  to   provide  slightly  less  funding   than  ATIA  had                                                                    
requested and to require almost  double or triple the amount                                                                    
the agency  had previously  provided. He liked  the approach                                                                    
that included a  set amount for the agency  and the matching                                                                    
requirement.                                                                                                                    
                                                                                                                                
Co-Chair Thomas  answered in the affirmative.  He noted that                                                                    
the  CS followed  the law  that  stated the  match would  be                                                                    
fifty-fifty by July.                                                                                                            
                                                                                                                                
Representative  Doogan opined  that  the legislature  should                                                                    
not pass a budget with a  $129 million hole in it that would                                                                    
be present in the absence of federal funding.                                                                                   
                                                                                                                                
Mr. Ecklund clarified that the  appropriation would occur if                                                                    
the federal law did not change.  He noted that the money was                                                                    
currently not  included in the  Finance Committee  report or                                                                    
the governor's report because  the outcome regarding federal                                                                    
funding was not yet known.                                                                                                      
                                                                                                                                
HB  108  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
HB  109  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 2:12 PM.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
HB108 CS WORKDRAFT versionE.pdf HFIN 2/28/2011 1:30:00 PM
HB 108
HB109 CSWORKDRAFT versionB.pdf HFIN 2/28/2011 1:30:00 PM
HB 109
HB108 Budget Summary HFIN CS to Gov Request.pdf HFIN 2/28/2011 1:30:00 PM
HB 108
HB108 Budget Summary Subcommittee.pdf HFIN 2/28/2011 1:30:00 PM
HB 108