Legislature(2011 - 2012)SENATE FINANCE 532

02/03/2011 09:00 AM Senate FINANCE


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09:02:30 AM Start
09:03:51 AM SB76
09:37:26 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 76 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS TELECONFERENCED
Heard & Held
                  SENATE FINANCE COMMITTEE                                                                                      
                      February 3, 2011                                                                                          
                         9:02 a.m.                                                                                              
                                                                                                                                
9:02:30 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Hoffman called the Senate Finance Committee                                                                            
meeting to order at 9:02 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lesil McGuire, Vice-Chair                                                                                               
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Karen Rehfeld, Director, Office of Management and Budget,                                                                       
Office of the Governor                                                                                                          
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
None                                                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB  76    SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
                                                                                                                                
SENATE BILL NO. 76                                                                                                            
                                                                                                                                
     "An  Act  making  supplemental  appropriations,  capital                                                                   
     appropriations,   and  other  appropriations;   amending                                                                   
     appropriations;    repealing   appropriations;    making                                                                   
     appropriations  to capitalize  funds; and providing  for                                                                   
     an effective date."                                                                                                        
                                                                                                                                
                                                                                                                                
SB  76   was  HEARD  and   HELD  in  committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
9:03:51 AM                                                                                                                    
                                                                                                                                
KAREN  REHFELD, DIRECTOR,  OFFICE OF  MANAGEMENT AND  BUDGET,                                                                   
OFFICE  OF THE  GOVERNOR, presented  a spreadsheet  outlining                                                                   
the FY2011 Supplemental  Budget Requests (copy  on file). She                                                                   
stated that  the spreadsheet was  organized by order  of each                                                                   
section  of SB 76,  and included  the page  and line  of each                                                                   
item.                                                                                                                           
                                                                                                                                
Ms. Rehfeld  stated that the  total supplemental  budget bill                                                                   
was $160.5  million; which included  $105 million  in federal                                                                   
funds,  $19  million  in  other funds,  and  $43  million  in                                                                   
unrestricted  general funds.  She highlighted  key pieces  of                                                                   
the  federal fund  budget: Medicaid  ($46.8 million),  Alaska                                                                   
Temporary  Assistance Program  ($4.5 million), University  of                                                                   
Alaska ($4.5  million for  Pell grants),  and the  Department                                                                   
of Transportation  and  Public Facilities  ($18.3 million  in                                                                   
federal  aviation  projects,  and $32.9  million  in  federal                                                                   
surface transportation projects).                                                                                               
                                                                                                                                
Ms.  Rehfeld stated  that in  the other  funds category,  the                                                                   
Alaska Permanent  Fund Investment  Management Fees  had $18.5                                                                   
million  of the  $19  million request.  She  stated that  the                                                                   
investment management  fees were  based on the  current value                                                                   
of the  permanent fund.  She furthered  that within  the FY12                                                                   
budget was a  language section that would address  the amount                                                                   
necessary for the investment management fees.                                                                                   
                                                                                                                                
9:07:20 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld  summarized  the formula program  portion  of the                                                                   
bill.  She stated  that  Medicaid  required the  most  money,                                                                   
with a  request of  $46.7 million;  the temporary  assistance                                                                   
programs  requested $4.5  million; home  and community  based                                                                   
services   requested  $3.5  million;   and  senior   benefits                                                                   
requested  $1.3 million  in additional  funds  for FY11.  She                                                                   
stated that  the base  budget of  FY12 included the  original                                                                   
estimate of  approximately $20  million for senior  benefits.                                                                   
She   remarked  that   there  was   current  legislation   to                                                                   
reauthorize  the  senior  benefit program.  She  also  stated                                                                   
that  there  were  some  smaller   programs  in  the  formula                                                                   
program   section,   which  included   general   relief   and                                                                   
children's services stimulus funds.                                                                                             
                                                                                                                                
Ms. Rehfeld  discussed Medicaid.  She stated  that the  FY 11                                                                   
budget  contained  contingency   language  to  accommodate  a                                                                   
potentially  higher  reimbursement   rate.  She  stated  that                                                                   
congress had  enacted a new  piece of legislation  that would                                                                   
change  the reimbursement  rates  for the  last  half of  the                                                                   
fiscal   year.  She   remarked   that  section   10  of   the                                                                   
supplemental  bill  included amendments  to  the  contingency                                                                   
language,  in order to  reflect the  new federal  provisions.                                                                   
She   stated  that   once   the  contingency   language   was                                                                   
authorized,  she  expected  the   change  to  result  in  $15                                                                   
million in general funds.                                                                                                       
                                                                                                                                
Ms.  Rehfeld  pointed out  that  there  was $9.9  million  in                                                                   
general funds requested for fire suppression activities.                                                                        
                                                                                                                                
Ms. Rehfeld  highlighted some  key pieces of the  non-formula                                                                   
portion of the  budget. She pointed out lines 4  through 6 of                                                                   
the spreadsheet. She  stated that there was a  request in the                                                                   
Office  of  Public  Advocacy   for  $900,000;  and  a  Public                                                                   
Defender  Agency request  for  $300,000.  She explained  that                                                                   
both of  the programs  were case-load  driven. She  furthered                                                                   
that  there had  been  an increase  in cases  and  a rise  in                                                                   
contracted  costs for services.  She stated  that needs  were                                                                   
gauged  based  on the  previous  years'  supplemental  budget                                                                   
requests;    and   remarked    that    the   Department    of                                                                   
Administration  was determining  negotiations for  contracted                                                                   
attorney fees.                                                                                                                  
                                                                                                                                
9:10:53 AM                                                                                                                    
                                                                                                                                
Ms.  Rehfeld  discussed  Commerce,  Community,  and  Economic                                                                   
Development  (DCCED) requests.  She stated  that there  was a                                                                   
request  for a  one-time adjustment  for  the Alaska  Seafood                                                                   
Marketing Institute  (ASMI), which would address  a cash-flow                                                                   
issue  due  to  an  accounting  change.  She  mentioned  that                                                                   
auditors  had  suggested   that  the  ASMI  funds   be  in  a                                                                   
segregated  fund  to meet  government  accounting  standards.                                                                   
She  remarked that  if $6.4  million of  state general  funds                                                                   
was put into a  designated fund for ASMI, it  would allow the                                                                   
entire amount  of their  industry receipts  be put  into that                                                                   
account.  She remarked  that this  adjustment would  simplify                                                                   
ASMI's budget planning,  and announced that this  request was                                                                   
also included in the FY 12 capital budget.                                                                                      
                                                                                                                                
Ms.  Rehfeld addressed  the requests  for  the Department  of                                                                   
Corrections  (DOC). She  stated that  there were requests  of                                                                   
approximately $8.5  million relating to DOC.  She highlighted                                                                   
the institutions requests of approximately  $3.5 million, and                                                                   
inmate health  care requests of  $4 million. She  stated that                                                                   
several factors  contributed to the costs, and  remarked that                                                                   
OMB  had   struggled  to   determine  priorities   in  budget                                                                   
development.  She  remarked that  there  had  been  an FY  10                                                                   
supplemental request for corrections  institutions and inmate                                                                   
health  care, and  the  FY 11  budget  had  been adjusted  to                                                                   
accommodate  the  request.  She  pointed  out  that  DOC  was                                                                   
determining the most cost effective  health care for inmates.                                                                   
She  stressed that  amendments  related  to institutions  and                                                                   
inmate health care would be proposed for the FY 12 budget.                                                                      
                                                                                                                                
Co-Chair Hoffman  wondered if the  change in alcohol  laws in                                                                   
Kotzebue  and  Bethel  had a  significant  impact  on  inmate                                                                   
populations. Ms. Rehfeld agreed  to provide that information.                                                                   
                                                                                                                                
9:16:03 AM                                                                                                                    
                                                                                                                                
Senator  Ellis remarked  that other states  had gone  through                                                                   
innovative health care reforms,  namely Texas. He wondered if                                                                   
OMB had instructed  DOC to look at other states'  attempts at                                                                   
managing  the   costs  of  inmate  health  care   and  rising                                                                   
institution populations.  Ms. Rehfeld responded  that DOC had                                                                   
looked very closely  at what other states were  attempting to                                                                   
address  regarding  inmate  health  care  and  rising  inmate                                                                   
populations.                                                                                                                    
                                                                                                                                
Senator Ellis stated that rising  costs were a greater burden                                                                   
on poorer and more conservative states.                                                                                         
                                                                                                                                
Senator  Thomas wondered  if the  prison population  increase                                                                   
was commensurate  with the population increase  of the state.                                                                   
Ms. Rehfeld replied that DOC could  provide more information.                                                                   
                                                                                                                                
9:20:02 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld  addressed  the Department  of Health and  Social                                                                   
Services  (DHSS) supplemental  budget  requests. She  pointed                                                                   
out  lines  21  and 22  of  the  spreadsheet,  regarding  the                                                                   
McLaughlin  Youth Center.  She stressed  that these  requests                                                                   
were unusual  for juvenile  justice centers.  The request  of                                                                   
$500,000 for personnel  services and staffing  was because of                                                                   
the steady  turnover rate  from years  prior had halted.  She                                                                   
furthered that $450,000 was for  unanticipated medical costs.                                                                   
She felt that the  request to cover medical costs  was a one-                                                                   
time occurrence, so there would  not be a need for additional                                                                   
funds in the FY 12 budget.                                                                                                      
                                                                                                                                
Ms. Rehfeld  stated that there  were federal funds  that were                                                                   
budgeted  for  public  health   nursing  positions,  but  the                                                                   
federal funds  were uncollectible.  The division was  able to                                                                   
stay  within budget  during recent  years  due to  difficulty                                                                   
recruiting nurses, which resulted  in a high vacancy rate. If                                                                   
the  request was  not approved,  the division  would need  to                                                                   
maintain  a 17  percent  vacancy  rate, which  would  require                                                                   
layoffs, closing of health centers,  and reduced nurse visits                                                                   
to villages.                                                                                                                    
                                                                                                                                
Ms.  Rehfeld  discussed  General   Relief/Temporary  Assisted                                                                   
Living,  and stated  that the  supplemental  request was  for                                                                   
$825,000.  She stressed that  there was  an increase  in cost                                                                   
per recipient, and in some cases  longer lengths of stay. She                                                                   
stated that this issue was a potential  budget amendment. She                                                                   
addressed Senior  and Disabilities Services, and  stated that                                                                   
the request  was for  $1.4 million.  She announced  that DHSS                                                                   
was addressing  a backlog  of applicants  for the  Corrective                                                                   
Action Plan.                                                                                                                    
                                                                                                                                
9:23:54 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld discussed  the Department of Law  (DOL) requests,                                                                   
and specifically mentioned $3.9  million for legal and timing                                                                   
issues  regarding  oil, gas,  and  mining legal  issues.  She                                                                   
stressed that  it was difficult  to predict when  cases would                                                                   
be moved,  and when outside  experts or consultants  would be                                                                   
needed for litigation. She stated  that continued funding was                                                                   
included in the FY 12 $5 million capital request.                                                                               
                                                                                                                                
In a response to a question by  Co-Chair Hoffman, Ms. Rehfeld                                                                   
stated that it was difficult to  predict exactly when and how                                                                   
the $5 million  would be spent. She furthered  that DOL could                                                                   
provide detailed projections for the budget.                                                                                    
                                                                                                                                
Co-Chair Hoffman  stated that  he and Co-Chair  Stedman would                                                                   
be  reviewing   those  findings  from  DOL,   so  they  could                                                                   
determine  the operating  budget. He pointed  out that  while                                                                   
the  money  gives  DOL more  flexibility,  it  restricts  the                                                                   
legislature's   oversight.   Ms.   Rehfeld   understood   his                                                                   
concerns.                                                                                                                       
                                                                                                                                
9:26:43 AM                                                                                                                    
                                                                                                                                
Ms.  Rehfeld   discussed  the   $431,000  request   from  the                                                                   
Department of Transportation and  Public Facilities (DOT/PF).                                                                   
This request  was  for a Fairbanks  area ice  storm to  cover                                                                   
additional operating  and overtime costs, and  was considered                                                                   
a one-time cost.                                                                                                                
                                                                                                                                
9:27:14 AM                                                                                                                    
                                                                                                                                
Ms.  Rehfeld   addressed   the  structure   of  HB  76,   and                                                                   
highlighted   each  section.  She   stated  that   section  1                                                                   
contained  the operating,  supplemental  requests in  formula                                                                   
and non-formula programs.                                                                                                       
                                                                                                                                
Ms.  Rehfeld stated  that  section  3 contained  the  capital                                                                   
budget  supplemental requests,  and stated  that many  of the                                                                   
requests were straight forward.  She announced that there was                                                                   
a $1.6 million request for DOT/PF repairs.                                                                                      
                                                                                                                                
Ms. Rehfeld  stated that there  was a $1.356  million request                                                                   
for  the  Alaska  Public  Safety   Information  Network.  She                                                                   
remarked  that  DOT/PF hoped  to  secure federal  funds,  and                                                                   
furthered that  DOT/PF hoped to  complete the project  by the                                                                   
end of September 2011.                                                                                                          
                                                                                                                                
Ms. Rehfeld  summarized that the  requests in section  6 were                                                                   
corrections  to  the  calculations of  the  personal  service                                                                   
adjustments   for   bargaining   units.  She   stated   that,                                                                   
initially, OMB  overstated the  health insurance  costs under                                                                   
supervisory   units,   and  OMB   understated   the   general                                                                   
government  unit. She  announced that  the net-effect  of the                                                                   
corrections  was an  overall decrease  of approximately  $2.5                                                                   
million.                                                                                                                        
                                                                                                                                
9:30:25 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld  stated that sections  9 though 24  were language                                                                   
sections  of the  bill.  She pointed  out  that the  Medicaid                                                                   
back-stop language in the amendments  was because the federal                                                                   
government extension  into FY 11. She also  stated that there                                                                   
were some requests for settlements and claims.                                                                                  
                                                                                                                                
9:31:21 AM                                                                                                                    
                                                                                                                                
Ms.  Rehfeld  pointed  out three  items  that  would  reflect                                                                   
reductions  in   available  balances  for   specific  capital                                                                   
projects: Department of Environmental  Conservation (DEC) for                                                                   
the oil and  gas risk assessment; DOT/PF for  the purchase of                                                                   
land  for  a driving  range;  and  the Department  of  Public                                                                   
Safety for construction of the crime lab.                                                                                       
                                                                                                                                
9:33:15 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld  pointed out two ratifications:  fire suppression                                                                   
of $23  million and public  safety related to  a reimbursable                                                                   
services agreement of $18,000.                                                                                                  
                                                                                                                                
Co-Chair   Hoffman   remarked   that   he   appreciated   the                                                                   
ratifications.                                                                                                                  
                                                                                                                                
9:34:08 AM                                                                                                                    
                                                                                                                                
Ms.  Rehfeld discussed  section  20,  which stated  that  any                                                                   
excess balance at the end of FY  11 be put into the statutory                                                                   
budget reserve fund.                                                                                                            
                                                                                                                                
9:34:43 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman   requested  further  explanation   of  DOL                                                                   
requests,  specifically  related   to  Joe  Miller  and  Lisa                                                                   
Murkowski's  2010 United  States Senate  election costs.  Ms.                                                                   
Rehfeld  replied  that DOL's  requested  unanticipated  legal                                                                   
action  costs  totaled  $705,000.   She  specified  that  the                                                                   
election matters  were $268,000; and public  records requests                                                                   
were $122,300.                                                                                                                  
                                                                                                                                
Co-Chair Hoffman specifically  pointed out that the law would                                                                   
require Joe Miller  to pay the state 20 percent  of the court                                                                   
fees, and wondered how much of  that 20 percent the state had                                                                   
collected. Ms. Rehfeld agreed to provide that information.                                                                      
                                                                                                                                
9:37:26 AM                                                                                                                    
                                                                                                                                
Senator  Ellis  queried  the   administration's  request  for                                                                   
increased management  fees. Ms. Rehfeld replied  that DOC and                                                                   
DOR  could   give  more  detailed  justification   of  budget                                                                   
requests.                                                                                                                       
                                                                                                                                
Senator  Ellis  requested an  official  discussion  regarding                                                                   
administration funds. Co-Chair Hoffman agreed.                                                                                  
                                                                                                                                
SB  76   was  HEARD  and   HELD  in  committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 9:41 AM.                                                                                           

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