Legislature(2005 - 2006)

02/06/2006 09:08 AM House W&M


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09:08:36 AM Start
09:08:44 AM HB375
09:15:19 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 375-RETIREMENT BENEFIT LIABILITY ACCT/PF                                                                                   
                                                                                                                                
9:08:44 AM                                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH announced  that the only order  of business would                                                               
be  HOUSE  BILL NO.  375,  "An  Act  relating to  the  retirement                                                               
benefit liability  account and appropriations from  that account;                                                               
relating to deposits  of certain income earned  on money received                                                               
as a  result of State  v. Amerada  Hess, et al.,  1JU-77-847 Civ.                                                               
(Superior Court,  First Judicial District); and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
9:08:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS  moved to  adopt the  committee substitute                                                               
(CS) for  HB 375, Version  24-LS1467\Y, as the  working document.                                                               
There being no objection, Version Y was before the committee.                                                                   
                                                                                                                                
CHAIR WEYHRAUCH explained  that HB 374 and HB 375  were set up as                                                               
separate mechanisms to appropriate  money from the Alaska Housing                                                               
Finance  Corporation (AHFC)  dividend, and  from the  interest on                                                               
the  Amerada  Hess  fund  and  the  Alaska  Permanent  Fund  with                                                               
dividends  from these  accounts going  into a  retirement benefit                                                               
liability account.   Version Y strips away  everything related to                                                               
AHFC,  Amerada Hess,  and the  Alaska Permanent  Fund and  simply                                                               
establishes a liability account.                                                                                                
                                                                                                                                
CHAIR WEYHRAUCH pointed  out that this account is  similar to the                                                               
public   education   account   established  previously   by   the                                                               
legislature  and  enables  the appropriating  authority  for  the                                                               
legislature.  He  reminded the committee and the  public that the                                                               
legislature  can't  establish  a dedicated  account  or  dedicate                                                               
funds, with  the exception of  the permanent fund, as  this would                                                               
be  unconstitutional; however,  Version Y  gives the  legislature                                                               
the authority  to appropriate into  this [liability]  account for                                                               
the  Public Employees'  Retirement  System /Teachers'  Retirement                                                               
System  (PERS/TRS)  and  set  up the  mechanisms  to  make  those                                                               
appropriations.                                                                                                                 
                                                                                                                                
CHAIR WEYHRAUCH explained  that Version Y addressed  a section of                                                               
the  original bill,  which contained  language  stating that  the                                                               
money appropriated  from the [liability] account  would go toward                                                               
paying past  service liabilities of  the PERS/TRS and  "for other                                                               
purposes" which was not specific enough and so removed.                                                                         
                                                                                                                                
9:11:25 AM                                                                                                                    
                                                                                                                                
JERRY BURNETT, Legislative Liaison,  Department of Revenue (DOR),                                                               
in  response  to  questions  by Chair  Weyhrauch,  said  the  DOR                                                               
doesn't  "have  a position  on  whether  or not  [establishing  a                                                               
liability account]  is a good  idea" and, in fact,  would suggest                                                               
the Finance Committee review the  bill to determine the source of                                                               
funding.  He also  said that in terms of a  fiscal note, there is                                                               
nothing in Version Y that would create a new operating expense.                                                                 
                                                                                                                                
9:11:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested the word "annually",  on page                                                               
1,  line  12,   was  misleading.    He  explained   it  might  be                                                               
interpreted as meaning once a year.                                                                                             
                                                                                                                                
9:12:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 1, as follows:                                                                
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "annually"                                                                                                     
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
CHAIR WEYHRAUCH informed Representative  Gruenberg the bill would                                                               
go next to the House State Affairs Standing Committee.                                                                          
                                                                                                                                
9:13:36 AM                                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH, upon determining no  one else wished to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
9:13:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to  report CSHB  375, Version  24-                                                               
LS1467\Y,   as  amended,   out  of   committee  with   individual                                                               
recommendations.                                                                                                                
                                                                                                                                
9:13:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG objected,  and then  asked if  there is                                                               
any policy reason why the bill is not a good idea.                                                                              
                                                                                                                                
9:13:59 AM                                                                                                                    
                                                                                                                                
CHAIR  WEYHRAUCH stated  his  belief that  this  is an  important                                                               
policy decision for  the legislature to make on  an ongoing basis                                                               
to help reduce the debt liability.                                                                                              
                                                                                                                                
9:14:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
9:14:29 AM                                                                                                                    
                                                                                                                                
CHAIR  WEYHRAUCH  asked if  there  were  any further  objections.                                                               
There  being none,  CSHB  375(W&M) was  reported  from the  House                                                               
Special Committee on Ways and Means.                                                                                            

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