Legislature(2007 - 2008)CAPITOL 106

03/20/2007 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 166 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS TELECONFERENCED
Heard & Held
*+ HB 151 INDEMNITY CLAUSE IN PUBLIC CONTRACTS TELECONFERENCED
Heard & Held
*+ HB 92 JURISDICTION OF OMBUDSMAN TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 20, 2007                                                                                         
                           8:11 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Bob Roses, Vice Chair                                                                                            
Representative John Coghill                                                                                                     
Representative Kyle Johansen                                                                                                    
Representative Craig Johnson                                                                                                    
Representative Andrea Doll                                                                                                      
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 166                                                                                                              
"An Act  relating to contributions from  permanent fund dividends                                                               
to community  foundations, to certain  educational organizations,                                                               
and  to certain  other  charitable organizations  that provide  a                                                               
positive  youth development  program, workforce  development, aid                                                               
to  the arts,  or aid  and  services to  the elderly,  low-income                                                               
individuals,  individuals   in  emergency   situations,  disabled                                                               
individuals, or  individuals with  mental illness;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 151                                                                                                              
"An Act requiring an indemnification  and hold harmless provision                                                               
in  professional services  contracts  of  state agencies,  quasi-                                                               
public agencies, municipalities, and political subdivisions."                                                                   
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 92                                                                                                               
"An  Act removing  the victims'  advocate  and the  staff of  the                                                               
office of victims' rights from  the jurisdiction of the office of                                                               
the ombudsman in the legislative branch."                                                                                       
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 166                                                                                                                  
SHORT TITLE: CONTRIBUTIONS FROM PERM. FUND DIVIDENDS                                                                            
SPONSOR(s): REPRESENTATIVE(s) THOMAS                                                                                            
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       STA, FIN                                                                                               
03/20/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 151                                                                                                                  
SHORT TITLE: INDEMNITY CLAUSE IN PUBLIC CONTRACTS                                                                               
SPONSOR(s): REPRESENTATIVE(s) JOHNSON BY REQUEST                                                                                
                                                                                                                                
02/22/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/07       (H)       STA, JUD                                                                                               
03/20/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE BILL THOMAS, JR.                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 166 as prime sponsor.                                                                        
                                                                                                                                
KACI HOTCH, Staff                                                                                                               
to Representative Bill Thomas, Jr.                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered a question on behalf of                                                                           
Representative Thomas, prime sponsor of HB 166.                                                                                 
                                                                                                                                
JERRY BURNETT, Director                                                                                                         
Administrative Services Division                                                                                                
Department of Revenue                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 166.                                                                    
                                                                                                                                
MICHELE BROWN, President                                                                                                        
United Way of Anchorage                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support HB 166.                                                                               
                                                                                                                                
DIANE KAPLAN, President                                                                                                         
Rasmuson Foundation                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified   on  behalf  of  the  Rasmuson                                                               
Foundation during the hearing on HB 166.                                                                                        
                                                                                                                                
THERESA BANNISTER, Attorney                                                                                                     
Legislative Legal and Research Services                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Addressed Amendment  1 during the hearing on                                                               
HB 151.                                                                                                                         
                                                                                                                                
MARK O'BRIEN, Chief Contracts Officer                                                                                           
Contracting and Appeals                                                                                                         
Office of the Commissioner                                                                                                      
Department of Transportation & Public Facilities (DOT&PF)                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
151.                                                                                                                            
                                                                                                                                
BRAD THOMPSON, Director                                                                                                         
Division of Risk Management                                                                                                     
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
151.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to order at 8:11:52  AM.  Representatives Roses, Coghill,                                                             
Johansen, Johnson, Gruenberg, Doll, and  Lynn were present at the                                                               
call to order.                                                                                                                  
                                                                                                                                
HB 166-CONTRIBUTIONS FROM PERM. FUND DIVIDENDS                                                                                
                                                                                                                                
8:12:26 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the first order of  business was HOUSE                                                               
BILL NO.  166, "An Act  relating to contributions  from permanent                                                               
fund dividends  to community foundations, to  certain educational                                                               
organizations,  and  to  certain other  charitable  organizations                                                               
that  provide a  positive  youth  development program,  workforce                                                               
development,  aid  to  the  arts,  or aid  and  services  to  the                                                               
elderly,   low-income  individuals,   individuals  in   emergency                                                               
situations,  disabled  individuals,  or individuals  with  mental                                                               
illness; and providing for an effective date."                                                                                  
                                                                                                                                
8:12:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BILL  THOMAS,   JR.,  Alaska  State  Legislature,                                                               
introduced HB 166  as prime sponsor.  He  paraphrased his sponsor                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     HB 166  is an attempt to  increase private philanthropy                                                                    
     in Alaska  by giving  people the  option of  donating a                                                                    
     portion  of  their  Permanent Fund  Dividend  check  to                                                                    
     their favorite  charity. Alaskans who make  $100,000 or                                                                    
     more, rank  among the  lowest in the  nation as  far as                                                                    
     percentage of income donated to charities.                                                                                 
                                                                                                                                
     In  the hustle  and  bustle of  life,  we often  forget                                                                    
     about  those organizations  who rely  on donations  and                                                                    
     who provide  important services to our  communities. HB
     166 allows for  a list of approved  organizations to be                                                                    
     included with a person's  PFD [permanent fund dividend]                                                                    
     application  and   allows  them  to  check   off  which                                                                    
     charities that  they would like  to donate to.  100% of                                                                    
     their donation  will go to the  charity. The simplicity                                                                    
     of  being  able to  simply  check  the desired  charity                                                                    
     while applying for one's PFD  will increase the rate of                                                                    
     donation  and give  these charities  another avenue  to                                                                    
     use in their fundraising.                                                                                                  
                                                                                                                                
     HB  166 also  requires  that the  charity meet  certain                                                                    
     criteria before it  can be placed on the  list with the                                                                    
     PFD applications. Among the  criteria, the charity must                                                                    
     be  a   501(c)(3)  organization,   be  directed   by  a                                                                    
     voluntary board whose members  are residents of Alaska,                                                                    
     receive  $100,000  or 5%,  whichever  is  less, of  its                                                                    
     annual receipts in contributions,  and the charity must                                                                    
     provide a  copy of  an audit,  for the  previous fiscal                                                                    
     year, to the Department of Revenue                                                                                         
                                                                                                                                
     The Rasmuson Foundation,  a charitable foundation which                                                                    
     makes  $25  million  in  grants  each  year  to  Alaska                                                                    
     organizations,   has   pledged   to  fully   fund   the                                                                    
     administrative  costs  of  the program  for  the  first                                                                    
     three  years of  the  program, creating  a zero  fiscal                                                                    
     impact on the state in these crucial beginning years.                                                                      
                                                                                                                                
     HB  166 gives  people a  simple and  convenient way  to                                                                    
     donate  to   their  favorite  charities,  who   make  a                                                                    
        positive impact in our communities. I urge your                                                                         
     support of this important piece of legislation.                                                                            
                                                                                                                                
8:15:29 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  asked how the  applicant making the donation  will be                                                               
able to specify how much he/she is giving.                                                                                      
                                                                                                                                
8:15:51 AM                                                                                                                    
                                                                                                                                
KACI  HOTCH, Staff  to Representative  Bill  Thomas, Jr.,  Alaska                                                               
State  Legislature, on  behalf  of  Representative Thomas,  prime                                                               
sponsor of  HB 166, explained  that the following amounts  can be                                                               
checked on the  permanent fund dividend (PFD)  application:  $25,                                                               
$50, $75,  or $100,  or ten  percent, twenty-five  percent, fifty                                                               
percent, or one hundred percent of the amount of the PFD.                                                                       
                                                                                                                                
8:16:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   THOMAS,  in   response   to   a  question   from                                                               
Representative Roses  regarding the  cost of  the bill  after the                                                               
first three years,  said the legislation sunsets  after that time                                                               
and would  have to be reauthorized.   In response to  Chair Lynn,                                                               
he  said anyone  who decides  to give  to a  charity through  the                                                               
proposed check-off  method on  the PFD  application would  have a                                                               
receipt of  that donation  to show  the Internal  Revenue Service                                                               
(IRS).                                                                                                                          
                                                                                                                                
8:17:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMAS, in  response  to Representative  Johnson,                                                               
stated  his   understanding  that  all  the   eligible  501(3)(c)                                                               
entities  would   be  on   a  list   that  accompanies   the  PFD                                                               
application;  however, not  all organizations  will qualify.   He                                                               
indicated that  [the analysis portion  of the fiscal  note] gives                                                               
an explanation regarding qualification.                                                                                         
                                                                                                                                
REPRESENTATIVE  JOHNSON  pointed  out  that the  fund  source  is                                                               
listed under  the General  Fund for  HB 166,  while it  is listed                                                               
under statutory program receipts for  a matching Senate bill.  He                                                               
questioned the inconsistency.                                                                                                   
                                                                                                                                
8:19:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMAS  suggested that  a representative  from the                                                               
Department of Revenue could explain.                                                                                            
                                                                                                                                
8:19:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMAS, in response  to Chair Lynn, confirmed that                                                               
a  PFD  applicant  can  designate donations  for  more  than  one                                                               
charity on the same form.                                                                                                       
                                                                                                                                
8:19:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   expressed    appreciation   of   the                                                               
generosity  of  the  Rasmuson  Foundation.    He  asked  if  that                                                               
foundation would  mind entering  into a  contract with  the state                                                               
guaranteeing  that it  will  pay the  administrative  costs.   He                                                               
stated  support of  HB 166,  but  said he  has one  concern.   He                                                               
directed  attention  to  page  2,  lines  20-28,  which  read  as                                                               
follows:                                                                                                                        
                                                                                                                                
          (c)  The department may not include an                                                                                
     educational  organization  on   the  contribution  list                                                                    
     unless the  primary purpose of  the organization  is to                                                                    
     provide    vocational    training   or    postsecondary                                                                    
     education.   Other  than  a  community foundation,  the                                                                    
     department  may not  include a  charitable organization                                                                    
     on  the contribution  list for  a dividend  year unless                                                                    
     the primary  purpose of the organization  is to provide                                                                    
     a   positive  youth   development  program,   workforce                                                                    
     development, aid  to the arts,  or aid and  services to                                                                    
     the  elderly,  low-income individuals,  individuals  in                                                                    
     emergency   situations,    disabled   individuals,   or                                                                    
     individuals  with mental  illness.    In addition,  the                                                                    
     educational  organization,   community  foundation,  or                                                                    
     charitable organization                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said, for  example, that  that language                                                               
would  preclude  someone  from  giving  to  a  hospital,  museum,                                                               
library, and  nonprofit k-12 schools,  and he  questioned whether                                                               
that was  the sponsor's intent.   He related, "...  Normally, for                                                               
check-offs,  as  long  as  an organization  would  qualify  as  a                                                               
501(c)(3), that would be the donor's choice."                                                                                   
                                                                                                                                
8:21:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMAS  offered his understanding that  any entity                                                               
qualified as a 501(c)(3) would qualify to be on the list.                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  replied that he was  hoping the sponsor                                                               
would say  that, and he  emphasized to Representative  Thomas the                                                               
need to scrutinize  the language on page 2,  lines 20-28, because                                                               
it is "much  narrower than any 501(c)(3)."  In  response to Chair                                                               
Lynn, he  said he think's  it may  be appropriate to  include the                                                               
term "501(c)(3)" in the bill; however,  he said he would like the                                                               
sponsor to be in absolute agreement with doing so.                                                                              
                                                                                                                                
8:22:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  surmised that  the Rasmuson  Foundation may                                                               
support  the limited  list of  501(c)(3) entities  because it  is                                                               
expeditious in who it contributes funds to and who it doesn't.                                                                  
                                                                                                                                
8:23:40 AM                                                                                                                    
                                                                                                                                
JERRY  BURNETT,   Director,  Administrative   Services  Division,                                                               
Department  of Revenue,  prefaced  his  statements by  clarifying                                                               
that  the use  of PFDs  is not  the department's  concern.   That                                                               
said, he expressed  concern regarding the complexity  of having a                                                               
wide variety  of choices  related to amounts  and charities.   He                                                               
explained, "Every  time you add  a choice, you add  complexity in                                                               
our   payment   system,  [and]   you   add   complexity  to   the                                                               
application."   He  said people  who apply  for dividends  want a                                                               
simple application; any questions they  have require them to call                                                               
the department.   He said that  may not seem like  much to anyone                                                               
outside the department; however, if  10 percent of the people who                                                               
apply  want to  access the  proposed program,  and 10  percent of                                                               
those people  have a  question about it,  that means  6,000 phone                                                               
calls.   Mr.  Burnett  said  the department  will  work on  those                                                               
issues with the bill sponsor  and with the Rasmuson Foundation if                                                               
the   bill   moves  forward,   but   there   may  be   unintended                                                               
consequences.   He noted that  the only "check-off"  currently on                                                               
the application  is for  the advanced  tuition program,  which is                                                               
designed for applicants  to put money aside to  the University of                                                               
Alaska.   He explained  that the department  writes one  check to                                                               
the  University  Foundation  who   administers  the  program  and                                                               
applies  the money  from each  of  the people  [who checked  that                                                               
option].  He stated, "The more  we can make it resemble that, the                                                               
easier it will be to administer for the department."                                                                            
                                                                                                                                
8:27:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES said  having taught math for  over 20 years,                                                               
he knows  that many people  don't know  percentages.  He  said it                                                               
may be possible that an  applicant checks off "50," thinking that                                                               
it means $50, when it  really signifies 50 percent.  Furthermore,                                                               
he pointed  out that  at the  time of  the application,  a person                                                               
doesn't know what  the sum of the PFD will  be; therefore, he/she                                                               
has no  way of  knowing how much  money 50 percent  will be.   He                                                               
said he supports  the idea behind the bill, but  he said he would                                                               
like to see better clarity regarding the numbers.                                                                               
                                                                                                                                
8:29:03 AM                                                                                                                    
                                                                                                                                
MR. BURNETT  told Representative Roses  that that is  exactly the                                                               
point  he   was  trying   to  make.     Regarding   the  comments                                                               
Representative Johnson made  related to the fiscal  note, he said                                                               
[HB  166] has  a  provision that  would  prohibit the  department                                                               
"from  spending any  permanent fund  dividend money  on it."   He                                                               
said  in the  Senate bill,  that provision  was added  "after our                                                               
fiscal note was done."  He continued:                                                                                           
                                                                                                                                
     It's  not clear  to me  whether  or not  this would  be                                                                    
     statutory designated  program receipts or  general fund                                                                    
     program receipts.   If,  in fact,  the bill  requires a                                                                    
     contract with the Rasmuson Foundation  for them to pay,                                                                    
     it'll  probably  be  ... statutory  designated  program                                                                    
     receipts, and that's a change  that we're quite willing                                                                    
     to work  on in [the  House] Finance Committee  and make                                                                    
     sure that it's budgeted correctly.                                                                                         
                                                                                                                                
8:30:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked, "If the Rasmuson  Foundation and                                                               
the sponsor are willing  to have a clause in the  bill that has a                                                               
condition  precedent  for a  contract,  would  the department  be                                                               
willing to help draft that contract?"                                                                                           
                                                                                                                                
MR. BURNETT answered in the affirmative.                                                                                        
                                                                                                                                
8:30:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOLL asked  how many  additional employees  would                                                               
need  to be  hired  by the  department in  order  to operate  the                                                               
proposed plan.                                                                                                                  
                                                                                                                                
MR.  BURNETT replied  that the  biggest challenge  the department                                                               
would face would  be in rewriting the computer  program to ensure                                                               
that both the  online application process and  the payment system                                                               
work  properly.    He  said   approximately  75  percent  of  PFD                                                               
applicants apply  online.  He  said the department's  fiscal note                                                               
provides  several hundred  thousand dollars  to accomplish  that.                                                               
He stated  that although the  department anticipates  hiring only                                                               
one  additional employee,  the program  will  have "some  effects                                                               
spread throughout  the division."   He said any time  changes are                                                               
made to  a program that affects  every person in the  state, both                                                               
the  department   and  legislators  can  expect   to  receive  an                                                               
increased number of phone calls,  whether or not the change works                                                               
well or poorly.                                                                                                                 
                                                                                                                                
8:32:26 AM                                                                                                                    
                                                                                                                                
MR.  BURNETT,  in  response to  a  question  from  Representative                                                               
Roses,  said court-ordered  garnishments  from a  PFD would  take                                                               
priority  over   donations.  In  response  to   a  question  from                                                               
Representative  Gruenberg, he  said voluntary  assignments, under                                                               
which  donations and  the voluntary  advanced tuition  fall, will                                                               
always come  after garnishments; therefore,  there is no  need to                                                               
make that specification in the language of the bill.                                                                            
                                                                                                                                
8:34:12 AM                                                                                                                    
                                                                                                                                
MICHELE BROWN,  President, United Way of  Anchorage, testified in                                                               
support HB  166.  She  said the bill  is both good  social policy                                                               
and  an  excellent  way  of   promoting  sustainability  for  the                                                               
invaluable  services of  nonprofit entities.   She  said Alaskans                                                               
have a  great tradition of  neighborliness, but that has  not yet                                                               
translated into  cash-based philanthropy.   She  stated, "Despite                                                               
what  many   Alaskans  want  to  believe,   government  can't  do                                                               
everything, and much  of what has been done  regarding quality of                                                               
life comes  from the  work of  nonprofit organizations  and their                                                               
volunteers."  Ms. Brown relayed  that the United Way of Anchorage                                                               
is  a  network  of  organizations that  cares  for  children  and                                                               
seniors,   connects   people   with   healthcare   services   and                                                               
information,  provides workforce  development,  and ensures  that                                                               
people are housed and fit so  that they can get educated and hold                                                               
jobs.    She relayed  that  that  which affects  individuals  has                                                               
significant  financial and  social  impact on  the community,  as                                                               
well.   She said the  proposed legislation would provide  an easy                                                               
way for  people to  invest in  quality of life  for others.   Ms.                                                               
Brown  said the  United Way  of  Anchorage stands  ready to  help                                                               
implement this  legislation.  She revealed  that the organization                                                               
has a  long history of managing  donor-designated fundraising and                                                               
currently  manages  five public  sector  campaigns  on behalf  of                                                               
governmental entities, which  she said are similar to  how HB 166                                                               
is set  up.  She  said the United Way  of Anchorage could  be "up                                                               
and running  with the  state to implement  this as  directed very                                                               
quickly" and efficiently.                                                                                                       
                                                                                                                                
8:37:07 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN expressed  appreciation for  the work  of the  United                                                               
Way.                                                                                                                            
                                                                                                                                
8:37:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked how much United  Way's management                                                               
would cost the program.                                                                                                         
                                                                                                                                
MS.  BROWN said  United Way  would  be working  with the  Foraker                                                               
Group at  a cost estimated at  under $100,000.  In  response to a                                                               
follow-up question  from Representative Gruenberg,  she confirmed                                                               
that that  money would come  from the Rasmuson  Foundation during                                                               
the three years before which the bill would sunset.                                                                             
                                                                                                                                
8:37:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  referred back  to page 2,  lines 20-28,                                                               
[text  provided   previously],  and   asked  if  there   are  any                                                               
organizations under the  umbrella of the United  Way of Anchorage                                                               
that would not qualify.                                                                                                         
                                                                                                                                
MS. BROWN answered no.                                                                                                          
                                                                                                                                
8:38:06 AM                                                                                                                    
                                                                                                                                
DIANE   KAPLAN,   President,   Rasmuson  Foundation,   said   the                                                               
foundation is  pleased to  work with  the State  of Alaska.   She                                                               
said  the idea  came about  a  couple years  ago.   She said  the                                                               
United  Way of  Anchorage does  a wonderful  job in  facilitating                                                               
contributions;  however, it  only  reaches a  few communities  in                                                               
Alaska.   Because of  success of other  campaigns, she  said, the                                                               
Rasmuson  Foundation  thinks [the  check-off  system  on the  PFD                                                               
application]  would  be "a  terrific  way  of advancing  interest                                                               
around  promoting philanthropy  in our  state."   She echoed  Ms.                                                               
Brown's  comment that  Alaska has  a long  history of  its people                                                               
being  generous  in  their  volunteer   efforts.    The  proposed                                                               
legislation will  provide a  way to  help organizations  that the                                                               
public has come  to depend upon deliver  critical services around                                                               
that  state.   Ms. Kaplan  explained  that the  dollars given  by                                                               
individuals are the  most precious, because they can  be used for                                                               
unrestricted  needs,  whereas  many   grants  are  specified  for                                                               
specific use.   She said  the Rasmuson Foundation board  has made                                                               
funds available for the first 3  years.  The State of Alaska will                                                               
write a single  check from the donated monies and  the United Way                                                               
will distribute those funds.                                                                                                    
                                                                                                                                
CHAIR LYNN expressed appreciation of the Rasmuson Foundation.                                                                   
                                                                                                                                
8:42:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked  if the  Rasmuson  Foundation  would                                                               
remain interested  in sponsoring the administrative  costs if the                                                               
list were opened up to all 501(c)(3) entities.                                                                                  
                                                                                                                                
8:42:34 AM                                                                                                                    
                                                                                                                                
MS.  KAPLAN   responded  that   there  are   approximately  6,000                                                               
501(c)(3) entities in  Alaska and if there were  6,000 choices on                                                               
the PFD application,  the program wouldn't be  very effective for                                                               
any of them.  She stated, "So, we  were looking for a way both to                                                               
make this  program rational, in  terms of providing  real support                                                               
for  core  service  providers,  but also  making  sure  that  the                                                               
organizations that are listed have  credibility with the public."                                                               
She said  to qualify, the  nonprofit organization must:   file an                                                               
annual  tax  return with  the  IRS;  have  an audit;  already  be                                                               
engaged  in individual  fundraising;  have a  certain budget  and                                                               
staffing; and  have been tax  exempt for  a period of  time [and]                                                               
have a  voluntary board  of directors who  are residents  here in                                                               
the state.                                                                                                                      
                                                                                                                                
MS. KAPLAN  stated that  the Rasmuson  Foundation funds  in every                                                               
area of life, so its  interest in limitation revolves more around                                                               
organizations   that  can   demonstrate   a   certain  level   of                                                               
professionalism  so  the  public  can   have  confidence  in  the                                                               
program.                                                                                                                        
                                                                                                                                
8:45:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL  said she  used to work  for United  Way, and                                                               
she said  she knows that  many groups would  not be on  the list.                                                               
She stated concerned that that may be problematic.                                                                              
                                                                                                                                
MS.  KAPLAN said  the Rasmuson  Foundation  is "pretty  confident                                                               
that  every organization  that  can meet  the  basic criteria  is                                                               
going to get a fair shake at being included."                                                                                   
                                                                                                                                
8:47:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  Ms. Kaplan  if United  Way deals                                                               
with [organizations]  involved with that  listed on page  2, line                                                               
22:  vocational training or postsecondary education.                                                                            
                                                                                                                                
MS.  KAPLAN  answered  that  United   Way  would  simply  be  the                                                               
contractor that would ensure that  the organizations that receive                                                               
designations  from members  of the  Alaska  public would  receive                                                               
those  dollars;  United  Way would  be  providing  the  technical                                                               
services.   She  emphasized that  there would  be no  requirement                                                               
that an organization be affiliated with  United Way to be part of                                                               
the program.   In addition to redistributing  funds received from                                                               
the state,  United Way would  issue a receipt to  donors, showing                                                               
that they made a charitable [donation].                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG asked what  kind of controls there would                                                               
be  regarding   which  entities  would  qualify   as  "vocational                                                               
training or post secondary education".                                                                                          
                                                                                                                                
8:51:00 AM                                                                                                                    
                                                                                                                                
MS.  KAPLAN answered  that an  entity receiving  the funds  would                                                               
have  to  be a  501(c)(3),  nonprofit  corporation; a  for-profit                                                               
company,  regardless of  whether it  has provided  educational or                                                               
any other  services, could not  be a recipient of  these dollars.                                                               
The reason,  she explained,  is that the  public would  expect to                                                               
get  a tax  deduction for  making the  donation, and  those [for-                                                               
profit] entities  are not tax  exempt.  Furthermore,  she related                                                               
that individuals  could not be  recipients of the  donations, for                                                               
the same reason.                                                                                                                
                                                                                                                                
8:51:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if the Rasmuson  Foundation would                                                               
be willing to  enter into a contract with the  state, which would                                                               
make  the foundation  responsible for  paying the  administrative                                                               
costs.                                                                                                                          
                                                                                                                                
MS. KAPLAN answered, "Absolutely, we would."                                                                                    
                                                                                                                                
8:53:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES pointed out  the terms "vocational training"                                                               
on page 2, line 22 and  "workforce development" on line 25 of the                                                               
same  page.   He asked  Ms. Kaplan  if she  envisions any  of the                                                               
apprenticeship  programs under  the  umbrellas  of various  labor                                                               
union would qualify "under this definition."                                                                                    
                                                                                                                                
MS. KAPLAN replied:                                                                                                             
                                                                                                                                
     I'm not  specifically familiar with  how those  are set                                                                    
     up  in  terms of  their  tax  status,  but I  know  for                                                                    
     example Alaska Work Partnership,  which is the provider                                                                    
     of those  services for many  of those labor  unions, is                                                                    
     definitely  an   eligible  entity,  in  terms   of  our                                                                    
     funding, and I  know that they are a 501(c)(3).   So, I                                                                    
     think  there's usually  a nonprofit  provider involved,                                                                    
     but in terms of the  specifics of the question you just                                                                    
     asked,  I  hesitate to  answer,  because  I'm not  that                                                                    
     specifically familiar with their governing structure.                                                                      
                                                                                                                                
8:54:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL thanked  Ms. Kaplan for her  work and that                                                               
of the  Rasmuson Foundation.   He directed  attention to  page 3,                                                               
[line 15-16],  which state  that ["the  educational organization,                                                               
community foundation, or charitable organization"]:                                                                             
                                                                                                                                
     (7) must receive  at least $100,000 or  five percent of                                                                    
     its  total annual  receipts,  whichever  is less,  from                                                                    
     contributions;                                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL  asked Ms. Kaplan  if that is  intended to                                                               
be individual or private contributions.                                                                                         
                                                                                                                                
MS. KAPLAN answered:                                                                                                            
                                                                                                                                
     That would  be from  any source of  contributed income.                                                                    
     And  the  rationale  behind  that  is  there  are  some                                                                    
     organizations that  are 100  percent funded,  let's say                                                                    
     by Medicaid  or Medicare - they're  not really involved                                                                    
     in raising funds  from the public - and  those would be                                                                    
     organizations   that   probably   (indisc.)   type   of                                                                    
     legislation.   So, we're looking at  organizations that                                                                    
     are  in  the  practice   of  receiving  and  requesting                                                                    
     donations from the public.  That was the intent.                                                                           
                                                                                                                                
MS.  KAPLAN,  in  response  to  a  question  from  Representative                                                               
Coghill, explained  that 501(c)(4) organizations are  involved in                                                               
lobbying activities  and individuals  cannot make  tax deductible                                                               
donations to them.   A 501(c)(6) organization, she  said, such as                                                               
a  chamber  of  commerce  or  rotary  club,  usually  serves  its                                                               
members, and  the purpose  of that organization  is to  benefit a                                                               
specific group of  people, rather than the public at  large.  She                                                               
said  [501(c)(6)] organizations  often have  sister organizations                                                               
that  are  501(c)(3),  through which  they  raise  tax-deductible                                                               
funds.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  COGHILL noted  that  Ms. Kaplan's  work with  the                                                               
Foraker Group  has been a  huge benefit  to Alaska.   He remarked                                                               
that the criteria set up in  order for organizations to be on the                                                               
list would put  some organizations on a  "preferred giving list."                                                               
He  asked if  Ms.  Kaplan anticipates  public  tension over  that                                                               
issue.                                                                                                                          
                                                                                                                                
MS. KAPLAN responded:                                                                                                           
                                                                                                                                
     We're really  looking [at]  this as  a rising  tide and                                                                    
     all ships  benefiting down the  road, because  our hope                                                                    
     is to really do a  very extensive public campaign about                                                                    
     individual  giving.   Some people  will choose  to give                                                                    
     through their permanent fund, and  I think other people                                                                    
     will choose to give in  another manner.  If people have                                                                    
     their  awareness  raised  about individual  giving,  if                                                                    
     their particular group  or choice is not  on this list,                                                                    
     they still  have every right  to take $25 or  $100 from                                                                    
     their  permanent fund  [dividend] and  give it  to that                                                                    
     organization - they just might  not be doing it through                                                                    
     the  check-off.   ... Our  hope  is just  to raise  the                                                                    
     awareness around  charitable giving for  individuals in                                                                    
     general,  and we  see the  permanent  fund dividend  as                                                                    
     just one of many tools to do that.                                                                                         
                                                                                                                                
MS. KAPLAN, in response to  Chair Lynn, agreed that the check-off                                                               
list would give  an advantage to those on it.   However, she said                                                               
it is  estimated that  600 organizations will  make it  onto that                                                               
list,  and any  organization  that wishes  to  qualify need  only                                                               
follow  the standard,  best  practices,  governance criteria  for                                                               
nonprofit organizations.   She admitted that the list  may not be                                                               
perfect; however, she said she thinks  it is the best list that a                                                               
group of experienced nonprofit executives  and donors from around                                                               
the state could produce.                                                                                                        
                                                                                                                                
9:00:59 AM                                                                                                                    
                                                                                                                                
MS. KAPLAN, in  response to a question  from Representative Doll,                                                               
directed attention to  page 1, line 25, and noted  that the term,                                                               
"youth   development  program"   is  a   broad  description   for                                                               
organizations which serve children.                                                                                             
                                                                                                                                
9:01:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said the language   on page 3, lines 2-3                                                               
is the only place in the  bill that sets a date for determination                                                               
on any of the criterion.   He suggested that there be language in                                                               
the  bill that  would  require the  organization  to notify  "the                                                               
manager" if it no longer meets any of the nine criterion.                                                                       
                                                                                                                                
MS.  KAPLAN responded  that she  thinks  the Rasmuson  Foundation                                                               
would not have any objection to adding such language.                                                                           
                                                                                                                                
9:02:30 AM                                                                                                                    
                                                                                                                                
MS.  KAPLAN,  in  response  to   a  request  from  Representative                                                               
Gruenberg,  said she  would ask  Ms. Brown  to make  the list  of                                                               
organizations available to the committee.                                                                                       
                                                                                                                                
9:03:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES said although the  list would be helpful, he                                                               
does not want the bill held up while waiting for it.                                                                            
                                                                                                                                
MS.  KAPLAN concurred  with Representative  Roses' desire  to see                                                               
the bill move on to the next committee.   She said if the bill is                                                               
held  up for  another year  that would  result in  a big  loss of                                                               
income for nonprofit organizations.                                                                                             
                                                                                                                                
9:03:46 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN closed public testimony.                                                                                             
                                                                                                                                
9:04:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   COGHILL  said   he  appreciates   Representative                                                               
Gruenberg's  previous  recommendation  to   amend  the  bill  "to                                                               
somehow protect  the nine criteria."   However, he  said although                                                               
he likes "the idea,"  he is not in favor of the  bill.  He warned                                                               
that once check-offs are added  on the PFD application, which has                                                               
already  happened,  then "it's  just  another,  'Me, too.'"    He                                                               
emphasized how  appreciative he is  of the  Rasmuson Foundation's                                                               
offer and its  desire to see an increase in  charitable giving in                                                               
Alaska; however, he said he is  just not certain that this is the                                                               
best way  to do it.   He explained that  he is not sure  he wants                                                               
the  state to  manage  such  a program,  because  once it  starts                                                               
accepting that  responsibility, then  there will be  other "steps                                                               
of responsibility that we'll pick up for people."                                                                               
                                                                                                                                
9:07:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROSES   said   he   does   not   disagree   with                                                               
Representative Coghill's  comments.   However, he noted  that the                                                               
House Health,  Education and  Social Services  Standing Committee                                                               
subcommittee recently  closed out its budget,  and some decisions                                                               
were made to  cut out some organizations from  the budget because                                                               
they could have other means by which  to raise funds.  He said HB
166 would provide one of those means.                                                                                           
                                                                                                                                
9:08:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG expressed  concern that  the unintended                                                               
net result of the bill would be  to "let the state off the hook."                                                               
He explained:                                                                                                                   
                                                                                                                                
     If charity  "A" got money  from a private  source, then                                                                    
     the  state would  "defund"  it.   And  so, the  charity                                                                    
     would retain no  more money than it's  getting now, and                                                                    
     the beneficiary of  this would be the  State of Alaska.                                                                    
     And  there's no  protection in  the bill  for that.   I                                                                    
     would like to see the  charities benefit, not the State                                                                    
     of Alaska.                                                                                                                 
                                                                                                                                
CHAIR LYNN  remarked that it  is okay to  benefit the state.   He                                                               
said it is not state's job to fund every 501(3)(c) in Alaska.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG responded that  a citizen opting to give                                                               
money to a  charity through the proposed check-off  method on the                                                               
PFD has the right to know if  that money "may simply go to reduce                                                               
the  money the  state  gives the  charity."   He  stated that  he                                                               
thinks  most Alaskans  would not  carry the  reasoning as  far as                                                               
Representative Roses'  example; they  would think their  money is                                                               
actually going to benefit the designated charities.                                                                             
                                                                                                                                
CHAIR LYNN pondered  whether those 501(c)(3) entities  not on the                                                               
list would be hurt.                                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG   stated  that  he  also   shares  that                                                               
concern.                                                                                                                        
                                                                                                                                
9:12:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES stated:                                                                                                    
                                                                                                                                
     If I  led you to  believe through my comments  that ...                                                                    
     we're looking  for ...  a way to  supplant some  of the                                                                    
     funds that  the state is  providing, that isn't  what I                                                                    
     intended to  say.  The point  I was trying to  make is:                                                                    
     When  we  were  looking  ... at  the  Health  &  Social                                                                    
     Services budget,  ... we were looking  for $38 million-                                                                    
     worth of cuts.   The areas that we  were most cognizant                                                                    
     of  not  trying  to  apply  cuts  were  ones  that  had                                                                    
     matching  dollars,  because  when you  cut  one  dollar                                                                    
     there, you're  actually cutting two.   So,  those areas                                                                    
     that are  able to  have the  matching grants  ... fared                                                                    
     the best in the budget ....                                                                                                
                                                                                                                                
REPRESENTATIVE ROSES explained that  his prior comments pertained                                                               
to concern over  where the contributions from  the private sector                                                               
come  from  and  how  the  dollars can  be  better  leveraged  to                                                               
accomplish objectives.  He stated:                                                                                              
                                                                                                                                
     We're  going to  have  to start  cutting regardless  of                                                                    
     where the money  comes from or who gets it,  if the oil                                                                    
     revenues  continue to  decline, which  we know  they're                                                                    
     going to.   ... All  I'm saying is that  the charitable                                                                    
     contributions are  going to be  much more  important in                                                                    
     the  future  than they  are  now,  because there  [are]                                                                    
     going to be less state dollars ....                                                                                        
                                                                                                                                
REPRESENTATIVE  ROSES  said  although  he  shares  Representative                                                               
Coghill's concerns  regarding the dangers  of opening a  door and                                                               
then not knowing where it all ends, he will support HB 166.                                                                     
                                                                                                                                
9:15:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  stated that  he does  not think  there is                                                               
anything that  can be done  to HB  166 to protect  charities that                                                               
would not financially encumber future legislatures.                                                                             
                                                                                                                                
9:16:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  Representative Johnson is correct.                                                               
He  said   he  had  merely   been  talking  about  intent.     To                                                               
Representative  Roses, he  said he  has  never sat  on the  House                                                               
Health, Education and Social  Services Standing Committee finance                                                               
subcommittee, but he  just did not want  HB 166 to be  used as an                                                               
excuse to cut the charity.                                                                                                      
                                                                                                                                
9:16:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOLL said  she  will support  HB  166, which  she                                                               
described as  a vehicle for a  kind of voluntary tax  and a means                                                               
to help those in need.                                                                                                          
                                                                                                                                
9:17:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  reiterated his concern that  those on the                                                               
list will  be the  "preferred group," and  that that  will create                                                               
tension.                                                                                                                        
                                                                                                                                
9:19:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  shares some  of Representative                                                               
Coghill's  concerns.    He  asked if  there  are  any  recognized                                                               
charitable  organizations   or  groups  that  do   not  meet  the                                                               
criterion on page  2, lines [20-29], because he said  he does not                                                               
want to eliminate them.                                                                                                         
                                                                                                                                
CHAIR LYNN added that there  are many organizations that are part                                                               
of the United Way that are not on the list.                                                                                     
                                                                                                                                
9:20:25 AM                                                                                                                    
                                                                                                                                
MS.  BROWN said  United Way's  role will  be simply  as a  "pass-                                                               
through  contractor."   She stated,  "Administering this  will be                                                               
more like when  we administer the Share Campaign  or the Combined                                                               
Federal  Campaign,  where  the  governmental  entities  determine                                                               
who's eligible  and we  then simply  do the  administrative work.                                                               
So, it  really doesn't tie, in  any way, shape, or  form with the                                                               
United Way private campaign."  She offered further details.                                                                     
                                                                                                                                
MS. BROWN,  in response to a  question from Chair Lynn,  said the                                                               
United Way, the  Rasmuson Foundation, and the  Foraker Group have                                                               
set up a process by which  organizations apply to be on the list,                                                               
and there will be an initial  review, a supervisory review, and -                                                               
any  time  there  is  a  decision that  an  organization  is  not                                                               
eligible - a review by a broad, statewide panel.  She stated:                                                                   
                                                                                                                                
     In this process,  we had determined it would  be a very                                                                    
     liberal  interpretation of  the language  criteria that                                                                    
     Representative  Gruenberg  was  citing on  page  2  ...                                                                    
     [subsection  (c)].    Where   we  expect  most  of  the                                                                    
     limitations - where  people will not qualify  - will be                                                                    
     in the  other issues.   For instance ... they  will not                                                                    
     have  a voluntary  board, or  they won't  have a  board                                                                    
     that resides in  state, or they will have  been too new                                                                    
     to have been providing services  for two years, or some                                                                    
     other factor like that.                                                                                                    
                                                                                                                                
CHAIR LYNN asked if a  charity's social views would have anything                                                               
to do with its qualification.                                                                                                   
                                                                                                                                
MS. BROWN answered no.                                                                                                          
                                                                                                                                
9:23:32 AM                                                                                                                    
                                                                                                                                
MS. BROWN, in response to  questions from Representative Johnson,                                                               
said the  United Way would most  likely be on the  list, but only                                                               
after submitting  an application  and qualifying.   She  said the                                                               
United Way has 49 service partners.   She relayed that the United                                                               
Way of  Anchorage always  has entities trying  to "join  into our                                                               
umbrella."    She  said,  "Our   funding  goes  to  our  services                                                               
partners, but  as we work  on particular  issues, it can  also go                                                               
broader than that.  She  related that when someone "designates to                                                               
a particular organization," the United  Way charges 8 percent for                                                               
administrative  fees.    She added,  "On  the  public  campaigns,                                                               
however, those run more at 2 ... or 3 percent."                                                                                 
                                                                                                                                
MS.  KAPLAN  added,  "However, on  the  permanent  fund[dividend]                                                               
program,  as  proposed,  100  percent of  the  donation  will  go                                                               
directly  to   the  designated  charity,  because   the  Rasmuson                                                               
Foundation would be covering those costs."                                                                                      
                                                                                                                                
9:25:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  he will support the  bill with the                                                               
following two changes:  The  addition of language that requires a                                                               
contract between  the state  and the  Rasmuson Foundation,  and a                                                               
provision that the charity must  notify the organization managing                                                               
the program if it is no longer  eligible.  He said it sounds like                                                               
the criteria set up are strict and structured.                                                                                  
                                                                                                                                
9:27:06 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  suggested the  committee hold the  bill to  get those                                                               
amendments drafted.                                                                                                             
                                                                                                                                
CHAIR LYNN announced that HB 166 was heard and held.                                                                            
                                                                                                                                
REPRESENTATIVE ROSES  said he  would not be  present at  the next                                                               
committee meeting and  wants the other committee  members to know                                                               
that he supports moving HB 166 out of committee.                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  offered to speak  Representative Roses'                                                               
views for the record should he be absent.                                                                                       
                                                                                                                                
HB 151-INDEMNITY CLAUSE IN PUBLIC CONTRACTS                                                                                   
                                                                                                                                
9:28:49 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the final order of  business was HOUSE                                                               
BILL  NO. 151,  "An  Act requiring  an  indemnification and  hold                                                               
harmless provision  in professional  services contracts  of state                                                               
agencies,  quasi-public agencies,  municipalities, and  political                                                               
subdivisions."                                                                                                                  
                                                                                                                                
The committee took an at-ease from 9:28:59 AM to 9:34:10 AM.                                                                
                                                                                                                                
9:34:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON,  Alaska State Legislature,  introduced HB
151  as  sponsor  by  request.   He  said  a  constituent  called                                                               
attention  to  the  necessity  for the  bill.    The  constituent                                                               
illustrated the  problem by saying  that if someone were  to slip                                                               
on the  ice in front of  a state building, and  someone else were                                                               
to remark  that the ice wouldn't  have fallen on the  sidewalk if                                                               
the  building  had  been designed  correctly,  the  necessity  to                                                               
defend  the state  would  go all  the way  to  the engineer  that                                                               
designed  the building,  irrespective of  whether or  not someone                                                               
did not scrape the  ice or the contractor may or  may have made a                                                               
mistake.   Representative Johnson  relayed that the  designer and                                                               
the  engineer, according  to  some contracts  with  the State  of                                                               
Alaska, are responsible for defending  the state in all the legal                                                               
costs  involved.   The bill,  he  said, would  level the  playing                                                               
field  for  all contracts  with  the  state,  as well  as  ensure                                                               
accountability; for  example, the person  who did not  scrape the                                                               
ice would be responsible and "it  wouldn't go all the way back to                                                               
the designer."                                                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHNSON  said  some contractors  are  discouraged                                                               
from bidding, because it is  very difficult to get insurance, and                                                               
they know that they may have  to defend themselves in some future                                                               
litigation.  He  said only about 5 percent of  the contracts with                                                               
the  state  put  this  type  of  responsibility  on  the  [design                                                               
consulting  companies],  but  those  that do  are  costing  extra                                                               
money,  time,  and  effort  due  to  litigation.    He  said  one                                                               
unintended consequence  of HB 151 is  that it "may bring  in some                                                               
financial consultants  for the permanent fund  dividend group and                                                               
the [Alaska Retirement Management (ARM)]  Board."  He stated that                                                               
that is  not the  intention of the  proposed legislation,  and he                                                               
expressed willingness  to clean up  the language to avoid  such a                                                               
consequence.                                                                                                                    
                                                                                                                                
9:38:55 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN moved  to adopt  Amendment 1,  labeled 25-LS0479\C.1,                                                               
Bannister, 3/16/07, which read as follows:                                                                                      
                                                                                                                                
     Page 1, line 1, following "indemnification":                                                                             
          Insert ", defense,"                                                                                                 
                                                                                                                                
     Page 1, line 7, following "Indemnification":                                                                             
          Insert ", defense,"                                                                                                 
                                                                                                                                
     Page 1, lines 9 - 10:                                                                                                      
          Delete "that indemnifies the public agency and                                                                        
     holds the public agency harmless"                                                                                          
          Insert "under which the consultant agrees to                                                                          
     indemnify, defend, and hold harmless the public agency                                                                     
     from claims or liability"                                                                                                  
                                                                                                                                
     Page 1, lines 10 - 11:                                                                                                     
          Delete "who contracts with the public agency to                                                                       
     provide the professional services"                                                                                         
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "joint liability on a comparative fault                                                                        
     basis"                                                                                                                     
          Insert "the indemnification, defense, and hold                                                                        
     harmless obligation on a comparative fault basis where                                                                     
     there is joint liability"                                                                                                  
                                                                                                                                
     Page 2, line 1, following "indemnify":                                                                                     
          Insert ", defend,"                                                                                                    
                                                                                                                                
     Page 2, line 4, following "indemnify":                                                                                     
          Insert ", defend, or hold harmless"                                                                                   
                                                                                                                                
     Page 2, line 8, following "indemnification":                                                                               
          Insert ", defense,"                                                                                                   
                                                                                                                                
     Page 2, line 12:                                                                                                           
          Delete "provision"                                                                                                    
          Insert "subsection"                                                                                                   
                                                                                                                                
     Page 2, following line 16:                                                                                                 
          Insert a new paragraph to read:                                                                                       
               "(1)  "consultant" means a person who                                                                            
     contracts with a public agency to provide professional                                                                     
     services;"                                                                                                                 
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
9:38:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL objected.                                                                                                
                                                                                                                                
9:39:08 AM                                                                                                                    
                                                                                                                                
THERESA  BANNISTER,  Attorney,  Legislative  Legal  and  Research                                                               
Services, Alaska  State Legislature,  said Amendment 1  would add                                                               
an obligation of dissent to the language of the bill.                                                                           
                                                                                                                                
9:39:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL removed his objection.                                                                                   
                                                                                                                                
9:40:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  said   he   would   like  the   terms                                                               
"indemnification," "defense,"  and "hold harmless" to  be defined                                                               
for the record.                                                                                                                 
                                                                                                                                
9:40:26 AM                                                                                                                    
                                                                                                                                
MS. BANNISTER said she would have  to look up the terms indemnify                                                               
and  hold  harmless  to describe  the  difference  between  them;                                                               
however, she  said all  three terms  have always  been associated                                                               
together.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  defense  is  the  obligation  to                                                               
defend against the [court].                                                                                                     
                                                                                                                                
CHAIR LYNN proffered  that indemnify means to "bring  back to the                                                               
original position."                                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he does  not know  the difference                                                               
between indemnification and hold harmless.                                                                                      
                                                                                                                                
9:41:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON said  Brad  Thomas  from Risk  Management                                                               
suggested Amendment 1, and he is currently present.                                                                             
                                                                                                                                
CHAIR  LYNN   reminded  the  committee  that   the  objection  to                                                               
Amendment 1 had been removed.                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL   suggested  that  the   House  Judiciary                                                               
Standing Committee review the definitions  when it hears the bill                                                               
next.                                                                                                                           
                                                                                                                                
REPRESENTATIVE LYNN announced that Amendment 1 was adopted.                                                                     
                                                                                                                                
9:42:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  said the bill  would provide a  policy of                                                               
fairness  and address  the cost  to state  and the  difficulty of                                                               
individuals  to  contract  with  the state.    He  suggested  the                                                               
committee focus on the bigger policy decision.                                                                                  
                                                                                                                                
REPRESENTATIVE  COGHILL  asked if  there  have  been court  tests                                                               
related to the aforementioned terms.                                                                                            
                                                                                                                                
REPRESENTATIVE JOHNSON deferred to Mark O'Brien.                                                                                
                                                                                                                                
9:43:57 AM                                                                                                                    
                                                                                                                                
MARK O'BRIEN,  Chief Contracts Officer, Contracting  and Appeals,                                                               
Office  of  the  Commissioner,  Department  of  Transportation  &                                                               
Public Facilities (DOT&PF),  regarding the terms indemnification,                                                               
defense, and  hold harmless, said  the department has  found this                                                               
language to  be adequate in  protecting its concerns and  has not                                                               
had any  specific claims or difficulties  that required amendment                                                               
to that language.                                                                                                               
                                                                                                                                
9:44:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked Mr.  O'Brien if  there have  been any                                                               
instances where contractors have not  bid because of the barriers                                                               
referenced by the sponsor.                                                                                                      
                                                                                                                                
MR.  O'BRIEN  explained  that  the  existing  language  that  the                                                               
department  uses is  the  model toward  which  the proposed  bill                                                               
intends  to move  other entities;  therefore, the  department has                                                               
not experienced such a barrier.                                                                                                 
                                                                                                                                
MR.  O'BRIEN,  in  response to  a  question  from  Representative                                                               
Coghill,  stated that  before  the bill  was  introduced, he  was                                                               
asked to look  at it.  At  that time, he said,  he contacted both                                                               
the Risk Management  Section and attorneys who  work with DOT&PF,                                                               
and "they  were not aware  of any problems  that they had  in the                                                               
recent past involving our current provision."                                                                                   
                                                                                                                                
9:46:15 AM                                                                                                                    
                                                                                                                                
MR.  O'BRIEN,  in  response  to  a  comment  from  Representative                                                               
Coghill,  confirmed  that  DOT&PF  is  responsible  for  numerous                                                               
buildings,  facilities,  highways,  and airports  throughout  the                                                               
state,  so  "it's  fair  to  characterize  a  fairly  significant                                                               
investment in those facilities."                                                                                                
                                                                                                                                
REPRESENTATIVE  JOHNSON, in  response to  Representative Coghill,                                                               
offered his  understanding that  DOT&PF oversees  construction of                                                               
approximately 90 percent of the state's facilities.                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL asked,  "Can you tell me why  this has not                                                               
been previously a part of contracting?"                                                                                         
                                                                                                                                
REPRESENTATIVE JOHNSON  said he can't answer  regarding the past;                                                               
however, he surmised  the reason this issue has  not been brought                                                               
to light is due  to the fact that "they weren't  able to sit down                                                               
with  someone  and ...  draw  the  picture  and explain  ...  the                                                               
inequities that  existed [within]  some of  the contracting  to a                                                               
legislator that would ... introduce the legislation ...."                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL  asked  Mr.   O'Brien,  "Has  there  been                                                               
discussion on this very issue,  looking for legal help from other                                                               
agencies?"                                                                                                                      
                                                                                                                                
MR. O'BRIEN answered no.  He explained:                                                                                         
                                                                                                                                
     Each owner  sets up their own  contractual requirements                                                                    
     for how they're going to  impose the indemnity and hold                                                                    
     harmless provisions  on the  contractors that  work for                                                                    
     them.  And so, they  would do that in-house with advice                                                                    
     of their own council and  have not come to [DOT&PF] and                                                                    
     asked us that particular question that I'm aware of.                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSON  noted that Brad Thompson  is the director                                                               
of   Risk  Management,   and  he   might   provide  feedback   to                                                               
Representative Coghill's questions.                                                                                             
                                                                                                                                
9:49:46 AM                                                                                                                    
                                                                                                                                
MR.  O'BRIEN,  in  response to  a  question  from  Representative                                                               
Roses,  said the  University of  Alaska has  its own  contracting                                                               
arm.                                                                                                                            
                                                                                                                                
REPRESENTATIVE ROSES  explained that  he wanted  to note  for the                                                               
record  that the  bill would  provide  the same  security to  the                                                               
university that it provides to DOT&PF.                                                                                          
                                                                                                                                
9:51:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response  to Representative  Doll,                                                               
explained that  HB 151  has no written  effective date,  thus, if                                                               
passed,  it would  automatically become  effective 90  days after                                                               
being signed by the governor.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  directed attention  to the  language of                                                               
AS 45.45.900, which read as follows:                                                                                            
                                                                                                                                
                                                                                                                                
     Sec.  45.45.900.   Indemnification  agreements  against                                                                    
     public policy.                                                                                                             
     A provision,  clause, covenant, or  agreement contained                                                                    
     in,   collateral  to,   or  affecting   a  construction                                                                    
     contract  that  purports   to  indemnify  the  promisee                                                                    
     against liability  for damages for (1)  death or bodily                                                                    
     injury to  persons, (2) injury to  property, (3) design                                                                    
     defects, or  (4) other loss, damage  or expense arising                                                                    
     under (1),  (2), or (3)  of this section from  the sole                                                                    
     negligence or wilful misconduct  of the promisee or the                                                                    
     promisee's    agents,    servants,    or    independent                                                                    
     contractors  who   are  directly  responsible   to  the                                                                    
     promisee,  is against  public policy  and  is void  and                                                                    
     unenforceable; however, this  provision does not affect                                                                    
     the   validity  of   an  insurance   contract  workers'                                                                    
     compensation,  or   agreement  issued  by   an  insurer                                                                    
     subject to  the provisions  of AS  21, or  a provision,                                                                    
     clause,  covenant,  or   agreement  of  indemnification                                                                    
     respecting  the handling,  containment,  or cleanup  of                                                                    
     oil or hazardous substances as defined in AS 46.                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if that provision  applies to the                                                               
state.                                                                                                                          
                                                                                                                                
MR. O'BRIEN responded that that is not in his area of expertise.                                                                
                                                                                                                                
9:53:49 AM                                                                                                                    
                                                                                                                                
BRAD THOMPSON, Director, Division  of Risk Management, Department                                                               
of  Administration,  said  the  division  administers  the  self-                                                               
insurance program  for state agencies  only - not  the University                                                               
of  Alaska,  the  Alaska Railroad,  the  Alaska  Housing  Finance                                                               
Corporation, or other school  districts and local municipalities.                                                               
He explained that  HB 151 defines "public  agencies" to encompass                                                               
all of those other parties to  follow the form that the state has                                                               
already  been using.   He  said  the division  advises and  gives                                                               
guidance to DOT&PF  and other state departments  within its self-                                                               
insured  program   and  uses  "various  forms   of  boiler  plate                                                               
conditions"   for  indemnity   in   contracts  for   professional                                                               
services.   He  said that  is a  normal business  practice.   The                                                               
proposed legislation,  he said,  would apply the  state's present                                                               
business practice  to all other  public agencies as defined.   He                                                               
said  he provided  a fiscal  note that  shows that  the bill,  as                                                               
amended, uses the language from the DOT&PF model.                                                                               
                                                                                                                                
MR. THOMPSON, in response  to Representative Gruenberg's citation                                                               
of AS 45.45.900, said:                                                                                                          
                                                                                                                                
     That  certainly  would  apply to  the  state,  but  the                                                                    
     nuance there is that it  limits the ability to contract                                                                    
     out your  sole negligence.   You cannot  contract away,                                                                    
     in a  construction contract, your own  sole negligence.                                                                    
     The  state   does  not  do   so  in   its  construction                                                                    
     contracts; and  it does  not do so  in the  appendix D,                                                                    
     which is our professional form for design engineers.                                                                       
                                                                                                                                
9:55:44 AM                                                                                                                    
                                                                                                                                
MR. THOMPSON, in response to Representative Roses, clarified:                                                                   
                                                                                                                                
     In  our contracts,  we stipulate  that the  independent                                                                    
     professional  is responsible  for  their  own deeds  or                                                                    
     misdeeds.  And [there are]  different words for it, but                                                                    
     that's really what  we're asking them:  to  hold us and                                                                    
     protect   us  from   things   that   are  their   legal                                                                    
     responsibility, and to defend us  in the cases where it                                                                    
     is arising from their legal...                                                                                             
                                                                                                                                
     What we at the same  time say, within that same clause:                                                                    
     if  there's comparative  fault  - if  we  and they  are                                                                    
     responsible for whatever occurred  - we would apportion                                                                    
     that based  on comparative  fault, which  is prevailing                                                                    
     law.    Now, there  are  ...  stronger stipulations  of                                                                    
     indemnity   that   would   obligate   the   independent                                                                    
     professional  to  also   protect  for  the  comparative                                                                    
     allocation  of  the  principle   -  the  owner  of  the                                                                    
     project.  We don't do so.                                                                                                  
                                                                                                                                
9:57:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked if  HB 151  would "provide  that same                                                               
level of coverage" to which Mr. Thompson referred.                                                                              
                                                                                                                                
MR. THOMPSON  responded, "I don't administer  the risk management                                                               
guidance to those agencies, so  I don't know the particulars, but                                                               
I'm understanding that they have different terms."                                                                              
                                                                                                                                
REPRESENTATIVE JOHNSON confirmed, "That is the intent."                                                                         
                                                                                                                                
9:57:54 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced that HB 151 was heard and held.                                                                            
                                                                                                                                
9:58:13 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN discussed the committee's upcoming calendar.                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at                                                                       
9:59:41 AM.                                                                                                                   

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