Legislature(2005 - 2006)SENATE FINANCE 532

04/26/2006 09:00 AM Senate FINANCE


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09:15:54 AM Start
09:16:22 AM SB231
09:56:25 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS TELECONFERENCED
Heard & Held
+ Agency Testimony: TELECONFERENCED
University of Alaska
Law
Public Safety
Revenue
Administration
Court System
Fish and Game
Health and Social Services
Military & Veterans Affairs
                            MINUTES                                                                                           
                    SENATE FINANCE COMMITTEE                                                                                  
                         April 26, 2006                                                                                       
                           9:15 a.m.                                                                                          
                                                                                                                                
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair  Lyda  Green  convened   the  meeting  at  approximately                                                               
9:15:54 AM.                                                                                                                   
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Con Bunde, Vice Chair                                                                                                   
Senator Fred Dyson                                                                                                              
Senator Bert Stedman                                                                                                            
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
Also  Attending:   PETE  KELLY,  Director, Government  Relations,                                                             
University of  Alaska; KATHRYN DAUGHHETEE, Director,  Division of                                                               
Administrative  Services,  Department   of  Law;  CRAIG  TILLERY,                                                               
Deputy  Attorney  General,  Civil Division,  Department  of  Law;                                                               
SCOTT  NORDSTRAND,  Commissioner, Department  of  Administration;                                                               
ERIC  SWANSON,  Director,  Division of  Administrative  Services,                                                               
Department  of  Administration;   DOUG  WOOLIVER,  Administrative                                                               
Attorney,  Office of  the Administrative  Director, Alaska  Court                                                               
System;  MCKIE CAMPBELL,  Commissioner,  Department  of Fish  and                                                               
Game;     MAJOR     GENERAL      CRAIG     CAMPBELL,     Adjutant                                                               
General/Commissioner,   Department  of   Military  and   Veterans                                                               
Affairs;  CHRIS  CHRISTENSEN,   Deputy  Administrative  Director,                                                               
Office of the Administrative Director, Alaska Court System;                                                                     
                                                                                                                                
Attending  via Teleconference:    From an  offnet location:  MARK                                                             
HAMILTON, President, University of Alaska                                                                                       
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 231-BUDGET: CAPITAL & OTHER APPROPRIATIONS                                                                                   
                                                                                                                                
The  Committee   heard  from  the   University  of   Alaska,  the                                                               
Department  of   Law,  the  Department  of   Administration,  the                                                               
Department  of Fish  and  Game, the  Department  of Military  and                                                               
Veterans Affairs,  and the  Alaska Court  System on  requests for                                                               
projects  affecting  these  departments.  The bill  was  held  in                                                               
Committee.                                                                                                                      
                                                                                                                                
9:16:22 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 231                                                                                                        
     "An   Act    making   appropriations,    including   capital                                                               
     appropriations and appropriations to capitalize funds; and                                                                 
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was the  fourth hearing for this bill in  the Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
A motion was made  at a previous hearing to adopt  CS SB 231, GS-                                                               
242034\F as a  working document. However, no action  was taken on                                                               
the motion.                                                                                                                     
                                                                                                                                
9:16:35 AM                                                                                                                    
                                                                                                                                
MARK  HAMILTON, President,  University of  Alaska, testified  via                                                               
teleconference from  an offnet location  to remind  the Committee                                                               
that  the  Board  of  Regents focused  its  efforts  on  deferred                                                               
maintenance  needs. Of  $98 million  in identified  projects, the                                                               
legislature has  appropriated an  average of $7  million annually                                                               
in recent  years, while appropriating  an average of  $20 million                                                               
for the  construction of new  facilities. The consistent  lack of                                                               
funding for  deferred maintenance projects has  resulted in unmet                                                               
needs that are unacceptable.                                                                                                    
                                                                                                                                
9:18:49 AM                                                                                                                    
                                                                                                                                
Mr.  Hamilton  noted the  Small  Business  Development Center  is                                                               
funded  through  the  University's  capital  budget.  The  Center                                                               
performs functions  important to small businesses  statewide. The                                                               
requested  $550,000 State  funding would  secure $2.1  million in                                                               
matching  federal grants.  This  program arguably  should not  be                                                               
included in  the University budget  but is  nonetheless important                                                               
and would assist the state  in preparing for a potential economic                                                               
boom related to a natural gas pipeline.                                                                                         
                                                                                                                                
9:20:11 AM                                                                                                                    
                                                                                                                                
Mr.  Hamilton  next  addressed  science  facilities.  Funding  to                                                               
construct  an integrated  science facility  at the  University of                                                               
Alaska,  Anchorage campus  has been  requested for  the past  six                                                               
years. The project was partially funded  in the FY 06 budget, and                                                               
the  University is  requesting the  remaining funds  necessary to                                                               
complete the project in FY 07.                                                                                                  
                                                                                                                                
Mr.  Hamilton   stressed  that  increased  interest   in  science                                                               
programs and  successful attraction  of the "best  and brightest"                                                               
Alaskan students  through the Alaska  Scholars program,  many who                                                               
want to participate in biology  and other sciences, has created a                                                               
need for  more programs and  expanded facilities.  Currently, the                                                               
University is unable to meet the need.                                                                                          
                                                                                                                                
9:21:44 AM                                                                                                                    
                                                                                                                                
Mr.  Hamilton continued  speaking to  the science  facility needs                                                               
informing  that the  International Polar  Year event  occurs once                                                               
every  50 years  and would  next  begin the  following year.  The                                                               
previous  event   included  the   creation  of   the  Geophysical                                                               
Institute  at the  University of  Alaska,  Fairbanks campus.  The                                                               
upcoming  event would  impact  arctic research  for  the next  50                                                               
years.  The  University  recently  offered  post-doctorate  study                                                               
positions   to  15   students  worldwide   after  receiving   180                                                               
applications.  The   chosen  scholars  are  "the   best  and  the                                                               
brightest in arctic sciences" in the world.                                                                                     
                                                                                                                                
Mr.  Hamilton told  of the  opportunity, as  the nation's  arctic                                                               
research  institution, to  secure approximately  $440 million  in                                                               
federal  grants.  The  non-general   funds  that  the  University                                                               
receives is "calculated on" the  existing quality of programs and                                                               
facilities.  The Fairbanks  campus requires  funding to  maintain                                                               
the high quality of its science facilities.                                                                                     
                                                                                                                                
9:24:07 AM                                                                                                                    
                                                                                                                                
Mr.  Hamilton  noted  that  the proposed  FY  07  capital  budget                                                               
submitted by  Governor Murkowski  recognizes the need  to address                                                               
deferred maintenance  projects. However, if the  legislature were                                                               
to  decide to  fund  the construction  of  new facilities,  those                                                               
facilities should  be science related  at both the  Anchorage and                                                               
Fairbanks campuses.                                                                                                             
                                                                                                                                
9:24:43 AM                                                                                                                    
                                                                                                                                
Co-Chair Green  announced that many identified  projects would be                                                               
funded with revenues  generated from bonds issued  on the State's                                                               
settlement   of  tobacco   litigation.  The   integrated  science                                                               
facility at University of Alaska,  Anchorage is one such project;                                                               
however, the  proposed facility for  the Fairbanks campus  is not                                                               
included.                                                                                                                       
                                                                                                                                
9:25:22 AM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken  referenced  a   chart  listing  all  identified                                                               
deferred  maintenance needs  from 1988  to present.  He requested                                                               
this information be distributed to Members [copy on file.]                                                                      
                                                                                                                                
9:26:27 AM                                                                                                                    
                                                                                                                                
Department of Law                                                                                                             
                                                                                                                                
KATHRYN   DAUGHHETEE,   Director,  Division   of   Administrative                                                               
Services,  Department of  Law, testified  that funding  is needed                                                               
for  additional judgments  and claims  rendered since  the budget                                                               
was  last updated.  The proposed  workdraft committee  substitute                                                               
distributed  prior to  this hearing  does not  include the  $3.67                                                               
million general funds and $2,800 non-general funds.                                                                             
                                                                                                                                
Ms. Daughhetee also  requested an extension of the  lapse date of                                                               
appropriations  designated for  oil  and  gas negotiations.  Some                                                               
these efforts would be delayed into FY 07.                                                                                      
                                                                                                                                
9:28:21 AM                                                                                                                    
                                                                                                                                
CRAIG   TILLERY,  Deputy   Attorney   General,  Civil   Division,                                                               
Department  of Law,  testified to  a request  of $800,000  in two                                                               
separate appropriations for asserting a  claim, if so decided, to                                                               
the Exxon Valdez oil spill settlement.  Such action is known as a                                                               
"reopener"  and relates  to  a condition  of  the original  court                                                               
ruling  allowing  additional   claims  to  address  environmental                                                               
damage that  could not have been  anticipated at the time  of the                                                               
original settlement.  The requested funding would  be utilized to                                                               
provide  Exxon  with  a  detailed  list  of  projects.  If  Exxon                                                               
declines  the opportunity  to fund  these projects,  court action                                                               
would be likely.                                                                                                                
                                                                                                                                
Mr.  Tillery   emphasized  that   the  Department  has   not  yet                                                               
determined whether to assert additional claims.                                                                                 
                                                                                                                                
9:31:25 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green asked  whether any  of the  requested funding  is                                                               
included in the FY 06 supplemental appropriation legislation.                                                                   
                                                                                                                                
9:31:31 AM                                                                                                                    
                                                                                                                                
Mr. Tillery  responded that  all the funding  is requested  to be                                                               
included in the FY 07 capital budget appropriation.                                                                             
                                                                                                                                
9:31:47 AM                                                                                                                    
                                                                                                                                
Department of Administration                                                                                                  
                                                                                                                                
SCOTT  NORDSTRAND,  Commissioner, Department  of  Administration,                                                               
expressed appreciation for the indicated  approval of funding for                                                               
requested   projects,  specifically   the  critical   information                                                               
technology projects.                                                                                                            
                                                                                                                                
Mr.  Nordstrand  reminded  that  the  Department  requested  $5.5                                                               
million  for deferred  maintenance  projects.  He understood  the                                                               
changes  made  in  the proposed  workdraft  committee  substitute                                                               
would "request" that  public building funds (PBF)  rate source be                                                               
expended for  these projects rather  than general funds.  The PBF                                                               
would require approximately three  years to accumulate the amount                                                               
necessary to fund  these projects. The issue of  how much general                                                               
fund  dollars should  be  appropriated  for deferred  maintenance                                                               
projects is a policy call.                                                                                                      
                                                                                                                                
9:34:13 AM                                                                                                                    
                                                                                                                                
Mr.  Nordstrand   stated  that   the  Department   had  requested                                                               
approximately   $5.5  million   for  the   Enterprise  Technology                                                               
Services (ETS) Infrastructure  CIP (capital improvement project).                                                               
The  intent   was  to  obtain   additional  funding   from  other                                                               
departments  to   assist  in   the  projects,   particularly  the                                                               
conversion of all State systems  to Microsoft software. The State                                                               
has  entered  into  an enterprise  agreement  with  Microsoft  to                                                               
standardize  and consolidate  servers to  gain efficiencies  over                                                               
time. Evaluation  of existing  systems has  identified additional                                                               
needs. Currently,  an estimated $2 million  in additional funding                                                               
would be required to accomplish the transitions.                                                                                
                                                                                                                                
9:35:15 AM                                                                                                                    
                                                                                                                                
Mr.  Nordstrand   pointed  out   that  the  FY   06  supplemental                                                               
appropriation requests  for the  Office of Public  Advocacy (OPA)                                                               
and the  Public Defenders Agency  (PDA) were not included  in the                                                               
proposed committee  substitute. Although the $217,000  needed for                                                               
the  PDA is  not  a  significant amount,  the  OPA requires  $2.5                                                               
million. The latter amount would  fund approximately one month of                                                               
operations and  if not provided, the  OPA would run out  money in                                                               
May. The OPA has no control  over the number of cases assigned to                                                               
it, nor  does it have  the option of  settling cases if  a client                                                               
does  not  want to.  Situations  must  be  avoided in  which  OPA                                                               
attorneys become so overburdened they  make mistakes or leave for                                                               
other employment.  Mistakes result in appeals  of court decisions                                                               
and, when  successful, require the  OPA to begin the  cases anew,                                                               
adding again to the workload.                                                                                                   
                                                                                                                                
Mr. Nordstrand thanked the Committee  for funding case management                                                               
systems  for  the  PDA,  OPA and  the  Office  of  Administrative                                                               
Hearings.  These systems  would  allow the  agencies to  increase                                                               
efficiencies.                                                                                                                   
                                                                                                                                
9:37:58 AM                                                                                                                    
                                                                                                                                
Mr. Nordstrand  spoke to  the need  to replenish  the Information                                                               
Services Fund with $23.3 million general funds.                                                                                 
                                                                                                                                
ERIC  SWANSON,  Director,  Division of  Administrative  Services,                                                               
Department of Administration confirmed  the amount and stated the                                                               
intent to fund the capital ETS project.                                                                                         
                                                                                                                                
9:38:43 AM                                                                                                                    
                                                                                                                                
Alaska Court System                                                                                                           
                                                                                                                                
DOUG   WOOLIVER,   Administrative   Attorney,   Office   of   the                                                               
Administrative  Director,  Alaska  Court System,  testified  that                                                               
$1.95  million requested  for the  replacement  of the  recording                                                               
system,  a  critical  information   technology  project,  is  not                                                               
included in the proposed committee  substitute distributed by Co-                                                               
Chair Green.  This would  fund the first  of a  two-phase project                                                               
and has been  identified as the highest  capital funding priority                                                               
for the Alaska  Court System. Alaska is the only  state that does                                                               
not rely  on court stenographers  to document  court proceedings.                                                               
To employ the necessary 63  professionals would cost $4.5 million                                                               
annually. However, to ensure  these savings, occasional equipment                                                               
upgrades  are  necessary.  Incompatibility  with  other  systems,                                                               
incomplete recordkeeping and  recording malfunctions are problems                                                               
experienced  with  the  existing   system.  The  previous  system                                                               
upgrade changed  from cassette tapes  to digital  recordings. The                                                               
upcoming project is to upgrade software.                                                                                        
                                                                                                                                
9:41:00 AM                                                                                                                    
                                                                                                                                
Mr.  Wooliver  continued  with the  second  critical  information                                                               
technology  project, an  appellate  case  management system.  The                                                               
current   system  no   longer   meets   industry  standards   for                                                               
compatibility  and security.  The  Alaska  Court System  requests                                                               
$1.3 million to upgrade the system.                                                                                             
                                                                                                                                
9:41:46 AM                                                                                                                    
                                                                                                                                
Department of Fish and Game                                                                                                   
                                                                                                                                
MCKIE  CAMPBELL,  Commissioner,  Department  of  Fish  and  Game,                                                               
testified  that  the  Department  attempted  to  submit  a  "very                                                               
responsible  request", and  appreciated the  Committee's response                                                               
to it. However, two needs were outstanding.                                                                                     
                                                                                                                                
Mr. Campbell  reminded of the  $400,000 request for  sonar system                                                               
units  necessary to  count fish  more accurately  in obscured  or                                                               
cloudy  waters. This  funding  is not  included  in the  proposed                                                               
committee   substitute   due   to  Commercial   Fisheries   Entry                                                               
Commission   (CFEC)   "funding   receipt  issues"   rather   than                                                               
opposition to the project.                                                                                                      
                                                                                                                                
9:43:11 AM                                                                                                                    
                                                                                                                                
Mr.  Campbell then  addressed funding  reductions to  the Western                                                               
Alaska  Salmon  Stock  Identification Program  (WASSIP)  from  an                                                               
original amount of  $1.5 million to $500,000  and further reduced                                                               
to $200,000  in the proposed  committee substitute.  This program                                                               
is  important,  although not  "easily  scalable"  to account  for                                                               
lower funding levels. He was  concerned that minimal operation of                                                               
the program  would create expectations that  the Department would                                                               
be  unable  to  fulfill.  Therefore, he  requested  the  $200,000                                                               
general  funds  be  appropriated   to  the  aforementioned  sonar                                                               
response system. This would allow for  the purchase of two of the                                                               
four  units.  The  Department  would  retain  the  federal  funds                                                               
allocated to the WASSIP and  attempt to secure additional funding                                                               
from other sources.                                                                                                             
                                                                                                                                
9:44:42 AM                                                                                                                    
                                                                                                                                
Department of Military and Veterans Affairs                                                                                   
                                                                                                                                
MAJOR  GENERAL  CRAIG  CAMPBELL,  Adjutant  General/Commissioner,                                                               
testified  that  the  Governor   had  requested  a  $7.5  million                                                               
appropriation for  the Alaska  Military Youth  Academy, comprised                                                               
of $7 million  federal funds and $500,000 general  funds. This is                                                               
not included  in the proposed  committee substitute.  The funding                                                               
would  allow  for the  expansion  of  the  Academy to  include  a                                                               
facility located in Interior Alaska  and is a funding priority of                                                               
the Governor's.  A site has yet  to be selected and  the $500,000                                                               
State funds  would be utilized  for site selection  and planning.                                                               
The  federal  funds  would  be expended  for  renovation  of  the                                                               
existing facilities at the identified  site. A new facility would                                                               
not be constructed.                                                                                                             
                                                                                                                                
9:46:26 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green asked  the  funding source  for  this project  in                                                               
future years.                                                                                                                   
                                                                                                                                
9:46:34 AM                                                                                                                    
                                                                                                                                
Major General Campbell  responded that if a  location were found,                                                               
an  additional $5  million general  funds would  be requested  to                                                               
supplant  the  $7 million  federal  funds.  If  a site  were  not                                                               
secured or if the selected site  was not in compliance to qualify                                                               
for  the  federal   funds,  no  further  State   funds  would  be                                                               
requested.                                                                                                                      
                                                                                                                                
9:47:03 AM                                                                                                                    
                                                                                                                                
Co-Chair Green asked  the intention for funding  operation of the                                                               
new facility.                                                                                                                   
                                                                                                                                
9:47:07 AM                                                                                                                    
                                                                                                                                
Major General  Campbell acknowledged that staffing  and operating                                                               
costs  would increase  once a  second facility  was added  to the                                                               
Academy  system.  Education  foundation  funding  formula  monies                                                               
would  be  received  based  on  the  student  population  of  the                                                               
previous year.                                                                                                                  
                                                                                                                                
9:48:24 AM                                                                                                                    
                                                                                                                                
Co-Chair Green  asked the amount  of federal funds that  would be                                                               
secured  with a  $5 million  State appropriation.  She asked  the                                                               
current match  requirements governing federal allocations  to the                                                               
existing Academy location at Fort Richardson in Anchorage.                                                                      
                                                                                                                                
9:48:47 AM                                                                                                                    
                                                                                                                                
Major General Campbell stated he would provide this information.                                                                
                                                                                                                                
9:48:54 AM                                                                                                                    
                                                                                                                                
Senator  Bunde remarked  upon the  "unfortunate"  fact that  this                                                               
program  is relatively  expensive to  administer; however,  it is                                                               
effective  and possibly  necessary.  He  attended the  graduation                                                               
ceremony of one of the first  classes to complete the program and                                                               
encountered  "confident"  young  people making  comments  to  the                                                               
effect of  "We made  it, we're  not in  jail and  we got  our GED                                                               
(general  equivalency diploma)."  Senator  Bunde reiterated  that                                                               
this  program is  costly, but  asserted that  housing inmates  in                                                               
prisons is more expensive.                                                                                                      
                                                                                                                                
9:50:03 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilken  expressed his support for  the Academy. However,                                                               
he  questioned the  intent to  distribute  the program's  efforts                                                               
across the  state. Instead he  asked why the  existing facilities                                                               
would not  be expanded to  accommodate additional  students while                                                               
utilizing the  same centralized facilities such  as the kitchens.                                                               
Before  planning begins  on  the second  facility  the costs  and                                                               
benefits  must be  analyzed as  well as  a determination  made on                                                               
whether the Anchorage facility is "bursting at the seams."                                                                      
                                                                                                                                
9:51:31 AM                                                                                                                    
                                                                                                                                
Major  General Campbell  respected Co-Chair  Wilken's opinion  on                                                               
this matter, but  contended that the timing was  right to develop                                                               
a  second location  in the  Interior. The  Academy is  prohibited                                                               
from constructing  new buildings at  its current location  near a                                                               
residential area.  A large number  of Interior at-risk  youth are                                                               
not being served. Many who  would otherwise enroll in the program                                                               
do not participate because they  would be required to relocate to                                                               
the  Anchorage area  and  away from  their  families and  support                                                               
systems. A significant element to  the program involves mentoring                                                               
and oversight after graduation.                                                                                                 
                                                                                                                                
9:53:36 AM                                                                                                                    
                                                                                                                                
Senator Dyson identified with Co-Chair  Wilken concerns. He asked                                                               
whether the characterization that the  Alaska program is the best                                                               
of its kind in the nation was an exaggeration.                                                                                  
                                                                                                                                
Major  General  Campbell   responded  this  Academy  consistently                                                               
receives national  awards and is  considered at least one  of the                                                               
top programs.                                                                                                                   
                                                                                                                                
9:54:26 AM                                                                                                                    
                                                                                                                                
Senator Dyson  asked if this is  because the pool of  students is                                                               
less at-risk than those in other states.                                                                                        
                                                                                                                                
9:54:43 AM                                                                                                                    
                                                                                                                                
Major General Campbell replied that  challenged youth are present                                                               
in Alaska  and face the  same problems with drugs,  crime, family                                                               
disputes and other issues as  do young people across the country.                                                               
This is despite Alaska's lower  population scattered over a large                                                               
area.                                                                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Lyda Green adjourned the meeting at 9:56:25 AM                                                                       

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