Legislature(2007 - 2008)HOUSE FINANCE 519

03/26/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 278 SEX OFFENDER/CHILD KIDNAPPER REGISTRATION TELECONFERENCED
Scheduled But Not Heard
+ HB 367 SALE OF RAW MILK PRODUCTS TELECONFERENCED
Scheduled But Not Heard
+= HB 396 INCREASE 2008 PERM. FUND DIVIDEND TELECONFERENCED
Heard & Held
+ HB 400 MITIGATING FACTOR: CARE FOR DRUG OVERDOSE TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 249 CAPSTONE AVIONICS FUND/LOANS TELECONFERENCED
Moved Out of Committee
<Bill Held Over from 03/25/08>
SENATE BILL NO. 249                                                                                                           
                                                                                                                                
     An Act establishing the Alaska capstone avionics                                                                           
     revolving loan fund and relating to the fund; and                                                                          
     providing for an effective date.                                                                                           
                                                                                                                                
Representative  Thomas  asked  if  Fish and  Game  and  other                                                                   
Alaska  enforcement  aircraft   that  does  not  want  to  be                                                                   
identifiable would be exempt from the program.                                                                                  
                                                                                                                                
FRANK  RICHARDS, DEPUTY  COMMISSIONER  OF  HIGHWAYS &  PUBLIC                                                                   
FACILITIES,   DEPARTMENT   OF   TRANSPORTATION   AND   PUBLIC                                                                   
FACILITIES,  said there  was a  Department of  Fish and  Game                                                                   
amendment   to  equip   seven   aircraft,   but  he   thought                                                                   
Representative  Thomas might  be referring  to Department  of                                                                   
Public Safety  law enforcement  aircraft. The Department  was                                                                   
reluctant  to equip  planes  that  they did  not  want to  be                                                                   
tracked. He  said the  Federal Aviation Administration  (FAA)                                                                   
was working  on technology  to prevent  transmission  so that                                                                   
certain aircraft could be equipped and not be tracked.                                                                          
                                                                                                                                
Representative  Thomas thought  if the  avionics program  was                                                                   
being   brought  forward   for  safety   reasons  it   seemed                                                                   
counterproductive to have aircraft that could not be seen.                                                                      
                                                                                                                                
Representative  Gara asked  if the  program had  ever been  a                                                                   
grant  program.  Mr.  Richards  replied  that  initially  the                                                                   
aviation community had talked about a grant program.                                                                            
                                                                                                                                
Representative Gara wondered what  the interest rate would be                                                                   
and if the program would lose or make money.                                                                                    
                                                                                                                                
GREG WINEGAR,  DIRECTOR, DIVISION OF INVESTMENTS,  DEPARTMENT                                                                   
OF COMMERCE,  COMMUNITY  AND ECONOMIC  DEVELOPMENT, said  the                                                                   
interest rate  would be  4%. All expenses  would be  paid for                                                                   
out of the fund. At sunset in  2020 the earnings would return                                                                   
to the General  Fund. There was a discussion  about inflation                                                                   
proofing the  fund so that it  would not cost the  State over                                                                   
time.                                                                                                                           
                                                                                                                                
1:53:41 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault  referred  to  the language  in  the  bill                                                                   
establishing  the  interest rate  at  not  less than  4%  and                                                                   
questioned  who within  the Department  under what  authority                                                                   
would establish  the exact interest  rate. He wanted  to know                                                                   
why the bill did not establish  the rate. Mr. Winegar replied                                                                   
that the rate could be stipulated  in the law, or regulations                                                                   
could establish it.  The Division came up with  4% because it                                                                   
was low and provided for reasonable  repayment amounts, while                                                                   
ensuring that the fund paid its own way.                                                                                        
                                                                                                                                
1:55:19 PM                                                                                                                    
                                                                                                                                
Representative  Gara wanted a  standard, such as  "prime plus                                                                   
one and  a half," that would  adequately capitalize  the fund                                                                   
so  that by  2020 the  State would  get its  money back.  The                                                                   
statute  gives  no guidance.  Mr.  Winegar replied  that  the                                                                   
language  is patterned  on other  similar  loan programs.  He                                                                   
said a  number of variables  played into the  decision. Until                                                                   
the funds are loaned out they  are invested by the Department                                                                   
of Revenue, and  those earnings will also be  retained by the                                                                   
fund.  The numbers  had been  run  with conservative  default                                                                   
rates and he  was confident that the original  principal plus                                                                   
a  substantial  amount  of  earnings would  go  back  to  the                                                                   
General Fund.                                                                                                                   
                                                                                                                                
Representative  Gara proposed  language stipulating  that the                                                                   
rate  would  reflect   an  amount  that  would   protect  the                                                                   
purchasing power  of the endowment.  Mr. Winegar  thought the                                                                   
language already  in the bill was sufficient.  Representative                                                                   
Crawford stated the  goal was to make the skies  safer and he                                                                   
wanted to see the avionics operating.  If inflation continues                                                                   
at about 3-4%, he thought the 4% minimum would work.                                                                            
                                                                                                                                
Mr. Winegar responded  further that the FAA  has done studies                                                                   
estimating  that  savings  from  lost lives  and  search  and                                                                   
rescue costs  would be  well over $800  million to  the State                                                                   
over a 27-year period.                                                                                                          
                                                                                                                                
1:59:34 PM                                                                                                                    
                                                                                                                                
Representative Gara reiterated  his concerns with not putting                                                                   
standards for rates in legislation.                                                                                             
                                                                                                                                
Co-Chair  Chenault  asked if  $4.8  million  would be  enough                                                                   
considering the goal is to equip  4,000 aircraft. Mr. Winegar                                                                   
replied that  the amount would  probably not cover  equipping                                                                   
all  of  the  aircraft.  However,  a  revolving  fund  allows                                                                   
leveraging  the money;  the Division  could potentially  make                                                                   
about $13 million  in loans with that amount.  If loan demand                                                                   
is higher, they may need to come back.                                                                                          
                                                                                                                                
Co-Chair Chenault thought the  program should move forwarding                                                                   
order to save Alaskan lives.                                                                                                    
                                                                                                                                
Representative Kelly stated his support for the program.                                                                        
                                                                                                                                
2:03:46 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer referred to the fiscal notes.                                                                                    
                                                                                                                                
Representative  Joule  asked  if an  aircraft  equipped  with                                                                   
avionics would  be easier  to locate if  it had an  accident.                                                                   
Mr. Richards answered that it would be.                                                                                         
                                                                                                                                
Vice-Chair Stoltze  MOVED to REPORT  SB 249 out  of Committee                                                                   
with  individual recommendations  and  with the  accompanying                                                                   
fiscal notes.                                                                                                                   
                                                                                                                                
Vice-Chair Stoltze OBJECTED for discussion.                                                                                     
                                                                                                                                
Vice-Chair  Stoltze  reported  that airplane  accidents  have                                                                   
killed more  of his friends  than car accidents.  He referred                                                                   
to accidents  that had happened.  Many Alaskans  shared those                                                                   
experiences. He thought the program was a priority.                                                                             
                                                                                                                                
Vice-Chair  Stoltze REMOVED  his  OBJECTION.  There being  NO                                                                   
further OBJECTION, it was so ordered.                                                                                           
                                                                                                                                
SB  249  was REPORTED  out  of  Committee  with a  "do  pass"                                                                   
recommendation and with attached  new zero fiscal note by the                                                                   
Department  of  Transportation   and  Public  Facilities  and                                                                   
fiscal note #1  by the Department of Commerce,  Community and                                                                   
Economic Development.                                                                                                           
                                                                                                                                

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