Legislature(1999 - 2000)

02/18/2000 09:03 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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MINUTES                                                                                                                         
SENATE FINANCE COMMITTEE                                                                                                        
February 18, 2000                                                                                                               
9:03 AM                                                                                                                         
                                                                                                                                
TAPES                                                                                                                           
                                                                                                                                
SFC-00 # 32, Side A                                                                                                             
                                                                                                                                
CALL TO ORDER                                                                                                                   
                                                                                                                                
Co-Chair Sean Parnell convened the meeting at approximately                                                                     
9:03 AM.                                                                                                                        
                                                                                                                                
PRESENT Co-Chair John Torgerson, Co-Chair Sean Parnell,                                                                         
Senator Al Adams, Senator Loren Leman, Senator Randy                                                                            
Phillips, Senator Gary Wilken, Senator Green and Senator P.                                                                     
Kelly.                                                                                                                          
                                                                                                                                
Also Attending: DAVID TEAL, Director, Division of                                                                               
Legislative Finance                                                                                                             
                                                                                                                                
SUMMARY INFORMATION                                                                                                             
                                                                                                                                
SB 217-APPROPRIATIONS: OPERATING BUDGET                                                                                         
                                                                                                                                
The Committee heard on overview of the "language section"                                                                       
by the Division of Legislative Finance. The bill was held                                                                       
in Committee.                                                                                                                   
                                                                                                                                
SENATE BILL NO. 217                                                                                                             
"An Act making and amending appropriations for the                                                                              
operating and loan program expenses of state                                                                                    
government, for certain programs, and to capitalize                                                                             
funds; making appropriations under art. IX, sec.                                                                                
17(c), Constitution of the State of Alaska, from the                                                                            
constitutional budget reserve fund; and providing for                                                                           
an effective date."                                                                                                             
                                                                                                                                
                                                                                                                                
Co-Chair Parnell noted that only the "Language Section"                                                                         
would be addressed at this meeting. This is the part of the                                                                     
budget bill formally known as the "Front Section." The                                                                          
previous "Back Section" will now be referred to as the                                                                          
"Numbers Section." In SB 217, the language section begins                                                                       
on page 39 with Section 3.                                                                                                      
                                                                                                                                
DAVID TEAL, Director, Division of Legislative Finance gave                                                                      
a section by section overview of the language section as                                                                        
follows. He noted that SB 190, the legislation containing                                                                       
the governor's proposed budget, contains several sections                                                                       
that are not included in this bill.                                                                                             
                                                                                                                                
Section 3 Alaska Housing Finance Corporation                                                                                    
This section contains the same language as in the                                                                               
previous year.                                                                                                                  
                                                                                                                                
Mr. Teal stated that the Division of Legislative Finance                                                                        
recommends the language be replaced with the Governor's                                                                         
proposed language, which is clearer. The Governor's                                                                             
language specifies that:                                                                                                        
                                                                                                                                
(a) $103 million is available as a dividend to the                                                                              
State,                                                                                                                          
(b) describes how the dividend is to be appropriated,                                                                           
(c) sends any remaining money to the debt retirement                                                                            
fund (replacing sections (a) and (d)),                                                                                          
(d) appropriates corporate receipts for AHFC                                                                                    
operations (same as (b)), and                                                                                                   
(e) appropriates money for loan programs.                                                                                       
                                                                                                                                
Mr. Teal qualified that housing assistance payments are $25                                                                     
million in the Governor's bill rather than the $16 million                                                                      
approved last year. He suggested this matter could be                                                                           
addressed in the budget subcommittee.                                                                                           
                                                                                                                                
Section 4 Permanent Fund Corporation                                                                                            
This is standard language describing disposition of                                                                             
Permanent Fund earnings and settlements. No amounts                                                                             
are listed in this language, only specification of                                                                              
where the money is going.                                                                                                       
                                                                                                                                
Section 5 Science and Technology Foundation                                                                                     
This is standard language allowing carry forward of                                                                             
earnings on the endowment.                                                                                                      
                                                                                                                                
Section 6 Alaska Seafood Marketing Institute                                                                                    
This is standard language allowing ASMI to carry                                                                                
forward receipts collected in FY00 from the salmon                                                                              
marketing tax and seafood marketing assessment.                                                                                 
                                                                                                                                
Section 7 Child Support Enforcement                                                                                             
This section makes sure that the Child Support                                                                                  
Enforcement Division (DCED) has sufficient state match                                                                          
to obtain all available federal money.                                                                                          
                                                                                                                                
Mr. Teal pointed out that the language differs slightly                                                                         
from the Governor's, but appears to have the same effect.                                                                       
                                                                                                                                
Section 8 Constitutional Budget Reserve                                                                                         
Subsection (a) contains standard language that                                                                                  
reverses the sweep from the general fund into the                                                                               
Constitutional Budget Reserve.                                                                                                  
                                                                                                                                
Mr. Teal noted the Governor added a section in SB 190 that                                                                      
states that the draw from the Constitutional Budget Reserve                                                                     
is equal to whatever is needed to fill the fiscal gap. As                                                                       
written, section 8 of SB 217 allows no draw at all, he                                                                          
stressed. He explained that the fixed limit provision was                                                                       
removed from the draft.                                                                                                         
                                                                                                                                
Section 9 Disaster Relief                                                                                                       
This is standard language appropriating federal                                                                                 
receipts for disasters.                                                                                                         
                                                                                                                                
Section 10 Federal and Other Program Receipts                                                                                   
This contains standard language allowing the                                                                                    
Legislative Budget and Audit Committee to address                                                                               
certain additional receipts.                                                                                                    
                                                                                                                                
Mr. Teal stressed that this is restrictive language that                                                                        
allows only a limited type of program receipts. He noted                                                                        
that the governor's proposed language would allow RPLs to                                                                       
address all funds, including general funds.                                                                                     
                                                                                                                                
Mr. Teal told the Committee about Section 9 in the                                                                              
governor's proposed budget dealing with federal subsistence                                                                     
funds. The section is divided into two subsections                                                                              
described as follows:                                                                                                           
                                                                                                                                
Subsection (a) is not an appropriation, it merely                                                                               
states that $11 million of federal money is being used                                                                          
for subsistence management.                                                                                                     
                                                                                                                                
Subsection (b) appropriates $3 million in federal                                                                               
receipts to the Department of Fish and Game for                                                                                 
contracts with the federal government and to support                                                                            
coordination.                                                                                                                   
                                                                                                                                
Mr. Teal stated that the Division of Legislative Finance                                                                        
recommends that the $3 million in federal receipts be                                                                           
placed in the numbers section of the bill. However, he                                                                          
noted to do that, specific components and line items                                                                            
directing the use of the funds, should be identified. He                                                                        
suggested the Fish and Game Budget Subcommittee address the                                                                     
matter.                                                                                                                         
                                                                                                                                
Section 11 Fish and Game Enforcement                                                                                            
This is standard language allowing the Department of                                                                            
Public Safety to spend the criminal fines and                                                                                   
penalties portion of the Fish and Game Fund.                                                                                    
                                                                                                                                
Mr. Teal pointed out that the governor has added a section                                                                      
in his bill that puts crew license fees, shooting range                                                                         
fees and boating access fees into the Fish and Game Fund.                                                                       
Mr. Teal suggested the subcommittee could also address this                                                                     
issue. However, he noted that the Division of Legislative                                                                       
Finance saw no reason why this should not be done.                                                                              
                                                                                                                                
Section 12 Four Dam Pool                                                                                                        
This is standard language that describes the split of                                                                           
funds from the Four Dam Pool Transfer Fund. It                                                                                  
continues the 60/40 split to the Power Cost                                                                                     
Equalization program and the Southeast Energy Fund.                                                                             
                                                                                                                                
Section 13 Information Services Fund                                                                                            
This is standard language allowing the Information                                                                              
Technology Group to retain designated program                                                                                   
receipts.                                                                                                                       
                                                                                                                                
Mr. Teal shared the Division of Legislative Finance                                                                             
recommendation that this appropriation be moved to the                                                                          
numbers section of the bill.                                                                                                    
                                                                                                                                
Section 14 Insurance and Bond Claims                                                                                            
This is standard language allowing the Department of                                                                            
Administration to use the insurance catastrophic                                                                                
reserve account to cover bond claims.                                                                                           
                                                                                                                                
Section 15 Insurance Fees                                                                                                       
This section allows DCED to carry forward insurance                                                                             
fees and other program receipts.                                                                                                
                                                                                                                                
Mr. Teal pointed out that this section contains "not to                                                                         
exceed" language that was first used last year, but that                                                                        
the amount appears wrong as it is far less than the amount                                                                      
appropriated in the numbers section of the bill. He shared                                                                      
the Division of Legislative Finance suggestion of using                                                                         
language similar to that in Section 33 of this bill.                                                                            
Section 33 states that the receipts are included in the                                                                         
amount appropriated in section 1. He surmised this would be                                                                     
less confusing and the amounts won't need to be listed in                                                                       
the language section at all.                                                                                                    
                                                                                                                                
Senator Adams wanted to know if by stating a dollar amount,                                                                     
the language stipulates that the department can spend "up                                                                       
to" that amount. Mr. Teal clarified that, "the amount that                                                                      
is allowed to be carried forward is included in the number                                                                      
listed in Section 1." He said this language makes it clear                                                                      
that the stated amount is all the department is allowed to                                                                      
spend.                                                                                                                          
                                                                                                                                
Section 16 Marine Highway System Fund                                                                                           
This is standard language that puts approximately $27                                                                           
million from the general fund into the Alaska Marine                                                                            
Highway Operating Fund.                                                                                                         
                                                                                                                                
Mr. Teal noted that the Division of Legislative Finance                                                                         
recommends that this appropriation be moved to the numbers                                                                      
section of the bill.                                                                                                            
                                                                                                                                
Section 17 Medicaid School Based Claim                                                                                          
This is standard language stating that shortfalls in                                                                            
federal funding will be replaced with general funds.                                                                            
                                                                                                                                
Mr. Teal noted that there is no limit on the amount of                                                                          
shortfalls that would be made up.                                                                                               
                                                                                                                                
Section 18 Motor Fuel Tax                                                                                                       
This is standard language splitting fuel taxes into                                                                             
highway and aviation accounts.                                                                                                  
                                                                                                                                
Mr. Teal qualified that the governor's language lists the                                                                       
amounts as $25,338,300 to highways and $5,600,000 to                                                                            
aviation, rather than the $23,924,500 and $5,400,000                                                                            
respectively listed in SB 217. He suggested this is another                                                                     
item that subcommittees may wish to address.                                                                                    
                                                                                                                                
Co-Chair Parnell asked if the difference is due to increase                                                                     
collection or if it is based on a higher tax. Mr. Teal                                                                          
answered increased collection.                                                                                                  
                                                                                                                                
Section 19 Occupational Licensing                                                                                               
This section allows DCED to carry forward fees and                                                                              
other program receipts.                                                                                                         
                                                                                                                                
Mr. Teal cautioned that the section contains "not to                                                                            
exceed" language first used last year, but that the amount                                                                      
appears wrong as it is far less than the amount                                                                                 
appropriated in the numbers section of the bill. He said                                                                        
the Division of Legislative Finance suggests that language                                                                      
similar to that in section 33 would be less confusing. That                                                                     
language says the receipts are included in the amount                                                                           
appropriated in section 1 of the bill.                                                                                          
                                                                                                                                
Mr. Teal also noted that DCED is requesting $450.0 in the                                                                       
supplemental bill, presumably because the limit was too                                                                         
restrictive. Again, he told the Committee that the Division                                                                     
of Legislative Finance suggests subcommittee review.                                                                            
                                                                                                                                
Section 20 011 and Hazardous Substance Release                                                                                  
Prevention Account                                                                                                              
This is standard language capitalizing the account.                                                                             
                                                                                                                                
Mr. Teal shared that the Governor's request was for                                                                             
$9,800,000 rather than the $10,900,000 stated in the bill.                                                                      
                                                                                                                                
Section 21 Oil and Hazardous Substance Release                                                                                  
Response Account                                                                                                                
This is standard language capitalizing the account.                                                                             
                                                                                                                                
Section 22 Regulatory Commission of Alaska (RCA)                                                                                
This is standard language allowing the RCA (formerly                                                                            
Alaska Public Utilities Commission) to carry forward                                                                            
receipts.                                                                                                                       
                                                                                                                                
Section 23 Retained Fees                                                                                                        
This is standard language allowing the collector of                                                                             
fees, licenses and taxes to retain a portion of the                                                                             
receipts.                                                                                                                       
                                                                                                                                
Section 24 Safety Advisory Council                                                                                              
This is standard language allowing carry forward of                                                                             
receipts from the prior year.                                                                                                   
                                                                                                                                
Mr. Teal pointed out an incorrect statutory reference in                                                                        
this section that should be to sec. 23, ch.84, SLA 1999                                                                         
rather to the 1998 operating bill.                                                                                              
                                                                                                                                
Mr. Teal conveyed Division of Legislative Finance's                                                                             
suggestion that language similar to that in Section 33 of                                                                       
the bill would clarify that the carry forward does not                                                                          
increase the amount appropriated in Section 1 of the bill.                                                                      
                                                                                                                                
Section 25 Salary and Benefit Adjustments                                                                                       
This section specifies that funding for salary                                                                                  
increases at the University are included in the amount                                                                          
appropriated in Section 1.                                                                                                      
                                                                                                                                
Mr. Teal said that the language differs slightly from that                                                                      
proposed by the Governor, but the effect appears to be                                                                          
identical. He then noted that "University of" should be                                                                         
added to the description of "Alaska Classified Employees                                                                        
Association."                                                                                                                   
                                                                                                                                
Section 26 Salmon Enhancement Tax                                                                                               
This is standard language allowing a pass-through of                                                                            
salmon taxes to regional associations.                                                                                          
                                                                                                                                
Section 27 Shared Taxes and Fees                                                                                                
This is standard language allowing local governments                                                                            
to obtain their share of listed taxes and fees.                                                                                 
                                                                                                                                
Mr. Teal told the Committee that the Governor's bill                                                                            
included a section that treats block grants in the same                                                                         
manner as Medicaid School Based Claims. Mr. Teal explained                                                                      
that a shortfall in federal receipts would be replaced with                                                                     
general funds. He added that the section places a cap of                                                                        
$4,474,500 on general funds for this purpose. Division of                                                                       
Legislative Finance recommends subcommittee review of this                                                                      
issue, according to Mr. Teal.                                                                                                   
                                                                                                                                
Section 28 State Debt and other Obligations                                                                                     
This language was taken from the Governor's bill and                                                                            
updates last year's amounts.                                                                                                    
                                                                                                                                
Mr. Teal noted that the language contains no reference to                                                                       
General Obligation Bonds because the last of that debt was                                                                      
paid off in FY00. A new subsection should be added if new                                                                       
General Obligation Bonds are issued, he advised.                                                                                
                                                                                                                                
Senator Adams asked if the witness would suggest "boiler                                                                        
plate" language since the legislature is considering                                                                            
issuing new General Obligation Bonds. Mr. Teal responded                                                                        
that, because bonds are issued almost every year, "it can't                                                                     
hurt and it may help."                                                                                                          
                                                                                                                                
Subsection (i) fixes a technical error in last year's                                                                           
bill.                                                                                                                           
                                                                                                                                
Section 29 State Training and Employment Program                                                                                
This is standard language allowing carry forward of                                                                             
the STEP account balance.                                                                                                       
                                                                                                                                
Governor's Section 31 Primary and General Election                                                                              
                                                                                                                                
Mr. Teal pointed out in the governor's legislation, a                                                                           
section included that identifies election costs as one-time                                                                     
items. Mr. Teal said the Division of Legislative Finance                                                                        
recommends that this and similar one-time items be placed                                                                       
in the language section as a matter of policy. Doing so                                                                         
would highlight the one-time items, thus ensuring that they                                                                     
are backed out when appropriate instead of becoming lost in                                                                     
the numbers section of the bill, according to Mr. Teal.                                                                         
                                                                                                                                
Section 30 Statutory Budget Reserve Fund                                                                                        
This is standard language allowing budget shortfalls                                                                            
to be covered by withdrawals from the reserve account                                                                           
                                                                                                                                
Mr. Teal noted that the account has no balance.                                                                                 
                                                                                                                                
Section 31 Storage Tank Assistance Fund                                                                                         
This is standard language capitalizing the fund.                                                                                
                                                                                                                                
Mr. Teal qualified that the governor's bill requested                                                                           
$1,090,612 rather than the $5,239,700 specified in SB 217.                                                                      
                                                                                                                                
Section 32 Student Loan Program                                                                                                 
This is standard language allowing origination fees to                                                                          
be used to offset losses due to death, disability,                                                                              
default or bankruptcy.                                                                                                          
                                                                                                                                
Section 33 Teacher Certification                                                                                                
This is standard language allowing carry forward of                                                                             
receipts.                                                                                                                       
                                                                                                                                
Section 34 Test Fishery Receipts                                                                                                
This is standard language allowing carry forward of                                                                             
receipts.                                                                                                                       
                                                                                                                                
Mr. Teal pointed out that there is no limit on the amount                                                                       
of carry forward.                                                                                                               
                                                                                                                                
Section 35 and                                                                                                                  
Section 36                                                                                                                      
These sections are standard non-lapse and effective                                                                             
date provisions.                                                                                                                
                                                                                                                                
Senator Adams asked if there was any other language the                                                                         
Committee should consider that is not present in this bill.                                                                     
Mr. Teal responded there was not.                                                                                               
ADJOURNED                                                                                                                       
                                                                                                                                
Senator Parnell adjourned the meeting at approximately 9:20                                                                     
AM.                                                                                                                             
SFC-00 (1) 02/18/00                                                                                                             

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