Legislature(2007 - 2008)HOUSE FINANCE 519

02/13/2007 01:30 PM House FINANCE


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01:41:30 PM Start
01:42:26 PM HB107
03:32:52 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: Pat Galvin, TELECONFERENCED
Commissioner Designee, Dept. of Revenue
*+ HB 107 SUPPLEMENTAL APPROPRIATIONS TELECONFERENCED
Heard & Held
<Teleconference Listen Only>
HOUSE BILL 107                                                                                                                
                                                                                                                                
     An  Act  making appropriations  for  qualified  regional                                                                   
     seafood development associations,  for investigation and                                                                   
     litigation relating to the  public employees' retirement                                                                   
     system and  the teachers'  retirement system, and  for a                                                                   
     special   advisory  election;   and  providing   for  an                                                                   
     effective date.                                                                                                            
                                                                                                                                
Co  Chair  Chenault  noted  that  the  Committee  would  hear                                                                   
testimony,  but would  not entertain any  amendments  at this                                                                   
meeting.                                                                                                                        
                                                                                                                                
KAREN  REHFELD, DIRECTOR,  OFFICE OF  MANAGEMENT AND  BUDGET,                                                                   
provided testimony on the legislation.                                                                                          
                                                                                                                                
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT                                                                                
                                                                                                                                
Office of Economic Development                                                                                                  
                                                                                                                                
     Regional  Seafood Development  Tax  pass-through to  the                                                                   
     Copper    River/Prince     William    Sound    Marketing                                                                   
     Association.     The  appropriation  was   inadvertently                                                                   
     omitted  from  the  FY07  budget  bills.    The  1%  tax                                                                   
     assessment  generated  $152,464   during  calendar  year                                                                   
     2005, which  was to be  appropriated to the  association                                                                   
     as of July 1, 2006.                  $152.4 Pass Through                                                                   
                                                                                                                                
Ms. Rehfeld noted that the request  is for pass-through funds                                                                   
for   the  Copper   River/Prince   William  Sound   Marketing                                                                   
Association,  who  was  the  first group  to  organize  as  a                                                                   
regional seafood development association.   The Department of                                                                   
Revenue collected the tax but  there was not an appropriation                                                                   
to  flow  those  collected  taxes  back  to  the  development                                                                   
association.                                                                                                                    
                                                                                                                                
Representative Hawker  pointed out that the  request had been                                                                   
an  oversight.   Ms. Rehfeld  agreed and  clarified that  the                                                                   
appropriation language  is now included in the  FY 08 budget.                                                                   
Representative  Thomas  advised that  the  funds were  monies                                                                   
used for  marketing last year  and is now desperately  needed                                                                   
by that community.                                                                                                              
                                                                                                                                
3:06:07 PM                                                                                                                    
                                                                                                                                
DEPARTMENT OF LAW                                                                                                             
                                                                                                                                
Civil Division, Labor & State Affairs                                                                                           
                                                                                                                                
     Funding  for the investigation  and proposed  litigation                                                                   
     related to  actuarial services received by  the State of                                                                   
     Alaska.   The  investigation would  be completed  during                                                                   
     FY07,  and the  proposed litigation  is contemplated  to                                                                   
     begin before  the end  of the FY07.   The amount  of the                                                                   
     appropriation  is the  estimated costs  to complete  the                                                                   
     investigation and  take the case from  inception through                                                                   
     trial.         $12.0 million Department of Law/PERS/TRS                                                                    
                                                                                                                                
Ms. Rehfeld noted  that the request was in the  amount of $12                                                                   
million  dollars  to be  used  for  the Department  of  Law's                                                                   
proposed litigation  against actuarial  services provided  to                                                                   
the State.   She  observed the  estimated amount of  unfunded                                                                   
liabilities  for the retirement  system.   It is  complicated                                                                   
litigation;   the   anticipated   time   of   the   case   is                                                                   
approximately two years.                                                                                                        
                                                                                                                                
3:07:51 PM                                                                                                                    
                                                                                                                                
Representative Gara asked for  an overview of the litigation.                                                                   
                                                                                                                                
MICHAEL BARNHILL,  ASSISTANT ATTORNEY GENERAL,  LABOR & STATE                                                                   
AFFAIRS SECTION, DEPARTMENT OF  LAW, explained that there was                                                                   
not the expertise  within the State of Alaska,  Department of                                                                   
Law  for   actuarial  malpractice   suits.    In   2006,  the                                                                   
Department  received a  request  from Senator  Hollis  French                                                                   
asking for  a review of the  matter.  Money was  received for                                                                   
outside  counsel.       He  noted  that  $400   thousand  was                                                                   
appropriated &  the Paul  Weis Law Firm  out of New  York was                                                                   
hired, a  firm that has taken  such cases to a  jury verdict.                                                                   
The Firm advised  the State Department of Law  that there are                                                                   
actually valid claims against  Mercer.  The Department of Law                                                                   
is now  seeking funds to  pursue with  that legal case.   The                                                                   
Department believes  that these  are extraordinary  times and                                                                   
it is not an ordinary case.                                                                                                     
                                                                                                                                
3:13:05 PM                                                                                                                    
                                                                                                                                
Representative Gara wanted reassurance  that the State is not                                                                   
spending "bad  money".  He thought  that the defense  will be                                                                   
that "even  if they  failed to  tell the  State to  place the                                                                   
money into the  pension fund, there was no  harm, because the                                                                   
State kept those funds".                                                                                                        
                                                                                                                                
3:14:39 PM                                                                                                                    
                                                                                                                                
Mr. Barnhill acknowledged the  question, noting that he could                                                                   
not comment in  detail.  He acknowledged that  such arguments                                                                   
previously had been raised.  He  acknowledged there are not a                                                                   
lot of cases, however, there is  some case law to support the                                                                   
claim.                                                                                                                          
                                                                                                                                
3:16:29 PM                                                                                                                    
                                                                                                                                
Representative  Gara  advised   that  there  are  differences                                                                   
between the two  cases referenced by Mr.  Barnhill, observing                                                                   
that the  previous case  did not  go retroactively  after the                                                                   
funds.  In the State of Alaska's  case, the funds remained or                                                                   
were spent in other categories.                                                                                                 
                                                                                                                                
3:17:32 PM                                                                                                                    
                                                                                                                                
Mr. Barnhill did  not agree with the characterization  of the                                                                   
State's situation.   There are 160 participating  employers &                                                                   
many  school districts  in  the Teacher's  Retirement  System                                                                   
(TRS).    Representative  Gara acknowledged  that  a  portion                                                                   
could not  be accessed and  wondered if there  was sufficient                                                                   
grounds  to  proceed.    Mr. Barnhill  advised  that  he  was                                                                   
"uncomfortable"  discussing  the  defense  for the  State  of                                                                   
Alaska.                                                                                                                         
                                                                                                                                
3:19:44 PM                                                                                                                    
                                                                                                                                
Mr. Barnhill reiterated that good  arguments could be made to                                                                   
support the State's claims.                                                                                                     
                                                                                                                                
3:20:07 PM                                                                                                                    
                                                                                                                                
Representative  Hawker pointed  out that  the funding  source                                                                   
was  the  pension  trust  assets  for  the  Public  Employees                                                                   
Retirement  System  (PERS) and  Teacher's  Retirement  System                                                                   
(TRS).   Mr. Barnhill stated  that the $400 thousand  dollars                                                                   
came  from  the  PERS  & TRS  Trust  as  will  the  requested                                                                   
appropriation.   He was  confident that  the fund source  was                                                                   
appropriate  and that  the Alaska  Retirement and  Management                                                                   
(ARM) Board concurs.                                                                                                            
                                                                                                                                
Representative  Hawker  questioned if  there  is an  argument                                                                   
that the Trust  itself did not cause its own  injury, but was                                                                   
caused by  administrative decisions  made outside  the Trust.                                                                   
Mr. Barnhill acknowledged  that the Trust did  not create the                                                                   
injury.                                                                                                                         
                                                                                                                                
3:22:41 PM                                                                                                                    
                                                                                                                                
Representative Hawker questioned  if the funding source could                                                                   
be questioned.  Mr. Barnhill reiterated  that the fund source                                                                   
was appropriate.  Representative  Hawker asked if $12 million                                                                   
dollars would  be sufficient to  try the case.   Mr. Barnhill                                                                   
estimated the costs  to litigate the case to  run between $10                                                                   
- $15 million dollars.                                                                                                          
                                                                                                                                
3:23:37 PM                                                                                                                    
                                                                                                                                
Representative  Gara  asked if  the  ARM board  approves  the                                                                   
expenditure from  the Trust.   Mr. Barnhill stated  that they                                                                   
have approved the request.                                                                                                      
                                                                                                                                
Representative  Gara  inquired if  it  was possible  for  the                                                                   
funds to come out of the General  Fund and if the State wins,                                                                   
then place the proceeds into the  pension fund.  Mr. Barnhill                                                                   
emphasized that  this case was "not  a lark".  He  said since                                                                   
the  Trust is  the recipient,  it is  an appropriate  funding                                                                   
source.   He  added that  he would  be remiss  to not  pursue                                                                   
recovery of the damages.                                                                                                        
                                                                                                                                
3:25:59 PM                                                                                                                    
                                                                                                                                
Representative  Gara  stressed  that  the  Administration  is                                                                   
pursuing   the  suit   with  someone   else's  money   [State                                                                   
employees]; it would be a stronger  statement to back it with                                                                   
its own General Fund money.  He  noted that a contingency fee                                                                   
could be negotiated at a high rate.                                                                                             
                                                                                                                                
He inquired  if the case had  been put out for  a competitive                                                                   
biding process.   Mr. Barnhill advised he has  had experience                                                                   
with similar  cases.  Contingency  fees have been  negotiated                                                                   
around 8 to 8.5  percent in other cases.  He  added that some                                                                   
law firms operate on a contingency  fee.   He stated it would                                                                   
be preferable to pay on an hourly  fee basis. Contingency fee                                                                   
agreements have been  negotiated, but they were  not found to                                                                   
be as beneficial  as the hourly  fees.  Fees could  double or                                                                   
triple over  the hourly rate.   The issue remains  whether to                                                                   
pay up front or in the end.                                                                                                     
                                                                                                                                
3:30:28 PM                                                                                                                    
                                                                                                                                
Representative  Thomas requested  that further discussion  be                                                                   
held in  executive session  or individual  meetings  with the                                                                   
attorney, Mr. Barnhill.                                                                                                         
                                                                                                                                
3:31:14 PM                                                                                                                    
                                                                                                                                
Representative   Gara   pointed    out   that   "contingency"                                                                   
representation  is one  of the measures  regarding whether  a                                                                   
law  firm believes  there is  a good  case; he  asked if  any                                                                   
firms agreed  to take the  case on a  contingency base.   Mr.                                                                   
Barnhill responded that at least one firm had offered.                                                                          
                                                                                                                                
3:32:10 PM                                                                                                                    
                                                                                                                                
Ms. Rehfeld asked that the Legislature  consider changing the                                                                   
effective date for  an appropriation made in  Section 2, from                                                                   
February 16,  2007 to  November 1, 2006.   That change  would                                                                   
allow the Administration to pay  a couple bills that occurred                                                                   
on the investigation  portion of the supplemental.   Co-Chair                                                                   
Chenault said okay.                                                                                                             
                                                                                                                                
3:32:52 PM                                                                                                                    
                                                                                                                                
OFFICE OF THE GOVERNOR                                                                                                        
                                                                                                                                
Elections                                                                                                                       
                                                                                                                                
     Funding for the costs associated with the April 3,                                                                         
     2007, special advisory election required by ch.1, FSSLA                                                                    
     2006, on the subject of employment benefits for same-                                                                      
     sex partners of public employees and retirees.                                                                             
                                  $1.2 million General Funds                                                                    
                                                                                                                                
Ms.  Rehfeld reviewed  Section  3,  pertaining  to a  special                                                                   
advisory election  on April  3, 2007.   She pointed  out that                                                                   
there was  no fiscal note  or appropriation accompanying  the                                                                   
legislation.  At this point, the  Division has incurred costs                                                                   
for printing of ballots in preparation for the election.                                                                        
                                                                                                                                
Representative  Gara  asked  about   the  high  cost  of  the                                                                   
election.                                                                                                                       
                                                                                                                                
WHITNEY  BREWSTER,  DIRECTOR,  DIVISION OF  ELECTIONS,  noted                                                                   
that  the Municipality  of  Anchorage  (MOA)  does conduct  a                                                                   
                                  rd                                                                                            
special election  also on April  3.   No final  agreement has                                                                   
been made  regarding workers  that might  be jointly  shared.                                                                   
She  acknowledged   that  no  other  municipality   holds  an                                                                   
election in April outside of Anchorage.                                                                                         
                                                                                                                                
HB 107 was HELD in Committee for further consideration.                                                                         

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