Legislature(1997 - 1998)

02/17/1998 08:15 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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 SENATE BILL NO. 261                                                           
"An Act relating to the Special Olympics World Winter                          
Games to be held in Anchorage in the year 2001;                                
establishing a reserve fund for the games; providing                           
certain duties and authority for the Alaska Industrial                         
Development and Export Authority regarding financing                           
for those games; and providing for an effective date."                         
                                                                               
                                                                               
Mary Gore, aide to Senator Mike Miller and Area Director for                   
the Juneau Special Olympics, was invited to join the                           
committee.  The legislation before the committee was the                       
result of hard work by a variety of different people to                        
guarantee Anchorage would be awarded the Special Olympics                      
World Winter Games in the year 2001.  She recited a brief                      
history for the committee.  A couple of years ago the                          
executive director of Special Olympics Alaska decided this                     
would be a wonderful thing to do for Alaska and enlisted the                   
aid of U.S. Senator Ted Stevens.  Last summer the Anchorage                    
organizing committee was told by Special Olympics                              
International that in order to be awarded the bid the State                    
would need to be the financial guarantor for the games.                        
Special Olympics International would not go in the hole as a                   
result of any location being awarded the bid.  She explained                   
that the result of several conversations between Special                       
Olympics International and the Governor's Office was that                      
the money did not need to be appropriated prior to the bid                     
being awarded, however, the State would have to show that it                   
was behind the organizing committee's efforts.  Last fall                      
letters were sent from the Governor's office, Speaker Gail                     
Phillips and President Mike Miller stating they were behind                    
the program and they would work toward resolution of the                       
funding once session started.  It was determined that the                      
cash did not need to be appropriated and held in an account                    
for the games.  However, the State just needed to be on                        
record if private resources could not raise the money.  This                   
legislation would morally obligate the State up to four                        
million dollars if the organizing committee did not raise                      
the funds.  However, the likelihood of that was minimal.                       
Total budget for the games was eight million dollars; four                     
million in hard cash and four million in contributions.                        
Thus far, she said about one million dollars in cash had                       
been raised and the organizing committee had three years                       
left to raise the remaining three million dollars.  Checks                     
and balances would be through AIDEA who would oversee the                      
fundraising of the organizing committee and report to the                      
Legislature every January 2 as to the status of the                            
organizing committee's efforts.  In the event the committee                    
was falling behind a gentle push from the Legislature would                    
put them back on track.  In the year 2001 the Legislature                      
would need to appropriate and then approve spending of those                   
dollars during a legislative session if for some reason that                   
was required.                                                                  
                                                                               
She said the organizing committee had already started                          
raising money.  Full page ads have been running in                             
newspapers around the State and financial help as well as in                   
kind help was going to be needed for hosting the games.                        
Approximately two thousand athletes were expected with each                    
two athletes requiring one chaperone.  About seven thousand                    
people would be visiting Anchorage, generating about                           
seventeen million dollars during the ten day period the                        
games will be held.                                                            
                                                                               
Co-chair Pearce noted for the record that she is on the                        
board of the Alaska Governing Board of the Special Olympics.                   
                                                                               
Senator Phillips asked how many venues would be hosted.  Ms.                   
Gore indicated that there would be downhill, cross-country,                    
snowboarding as an exhibition, snowshoeing and iceskating                      
with a total of approximately eight venues.                                    
                                                                               
Senator Parnell voiced concern that it was being represented                   
to the Legislature they were taking on the obligation as                       
guarantor, however it was looking like they were a lendor or                   
grant giver as well.  He referred to page three, line                          
eleven, section four, paragraph one.  He felt the wording                      
was very loose in comparison to what was being represented.                    
Ms. Gore indicated that  Keith Laufer from AIDEA was on                        
teleconference and asked that he be allowed to explain since                   
he worked through the legislation for the committee.                           
                                                                               
Senator Torgerson asked Ms. Gore if any building were being                    
built?  Ms. Gore said no there were not.  Senator Torgerson                    
asked about checks and balances on the operational costs.                      
Ms. Gore said there was an organizing committee overseeing                     
everything to date.  Most individuals from the private                         
sector have been working through their own budget and the                      
work being done has been free.   She further advised that BP                   
was paying for ads and not out of the eight million dollars                    
budget.  Senator Torgerson said his biggest concern was the                    
opportunity to spend and not have any checks and balances.                     
He asked if AIDEA would have a chance to reject the plan if                    
the organization did not stay within the means of the                          
financial plans submitted to them?                                             
                                                                               
Keith Laufer, Alaska Industrial and Export Authority                           
testified via teleconference from Anchorage.  He said AIDEA                    
supported the bill.  It would create a new fund with AIDEA                     
that would not be capitalized initially but could be                           
capitalized in the event that come the year 2001 the games                     
would require an additional amount of money they had not                       
been able to raise.  Further, the bill did not anticipate                      
the State would finance any portion, but merely act as a                       
guarantor.   He said the reference to section 4, State                         
financial assistance, had to be read in context with the                       
rest of the bill.  The assistance would be in the form of                      
the Legislature appropriating up to four million dollars to                    
the Special Olympics fund created in the bill, which would                     
occur in the year 2001.  He said there was no other vehicle                    
for State financial assistance in the bill, other than                         
references that the local organizing committee had to do                       
everything to reduce any State participation, including that                   
appropriation.  He felt there was nothing to anticipate any                    
financing other than the four million dollar back-up                           
guarantee.  With regards to the Authority's role, the bill                     
required the local organization to submit a finance plan to                    
the authority within six months of the bill being passed and                   
then every six months thereafter.  The finance plan would                      
have to be approved by the Authority and they could go to                      
the Legislature and suggest they appropriate money later.                      
He explained this was a protection.                                            
                                                                               
Senator Parnell said he understood the purpose of the                          
guarantee in the event there would be insufficient funds.                      
He said presumably in 2001 they could come back to the                         
Legislature and ask them to cover the amount.  His concern                     
was there was no specific time limit and felt they could                       
come back next year and ask for the money if their fund-                       
raising was not on track for 2001.  He did not want the                        
Legislature to get in the business of being a lender.                          
                                                                               
Mr. Laufer in response to Senator Parnell referred to page                     
three, lines seven through nine of the bill.  He said AIDEA                    
would have to determine there was insufficient monies from                     
all other sources in an amount to not exceed four million                      
dollars.  He said after determining there was no other funds                   
available then they would turn to the appropriation.                           
                                                                               
Senator Donley agreed with Senator Parnell and said the                        
witness was just talking around the issue.  The language                       
made it sound as if it was an invitation to come back and                      
ask for direct State funding.  He suggested it be rewritten                    
to state that "if, after due diligence there has been a                        
failure to raise the adequate amount of money and AIDEA                        
certifies that due diligence has been done".                                   
                                                                               
Co-chair Pearce asked if the language was prescribed by the                    
contract signed by the International Organization?  Mr.                        
Laufer indicated no.  He said they tried to pull language                      
out of AIDEA statutes that required finance reviews for what                   
would otherwise be development projects.  Those were                           
combined with moral obligation language that would be used                     
to support bond issuances, where the Legislature agreed to                     
use moral obligation but did not wish to actually advance                      
any funds.  He felt that if the committee believed other                       
more specific language was appropriate it could be                             
accomplished.                                                                  
                                                                               
Senator Torgerson also voiced concerns on approving the                        
operating costs of the operating committee.  He wanted to                      
know if there was anything other than the six months review                    
by AIDEA.  Mr. Laufer said their being required to make sure                   
they could approve the plan every six months, which would                      
include sticking with the plan, would insure the plan being                    
accomplished with no deficit whatsoever.  However, everyone                    
knew that sometimes as one moved forward plans could be                        
changed.                                                                       
                                                                               
Senator Torgerson asked if there would be any chance their                     
agreement with the National Committee would change where it                    
would affect dollar amounts?  Mr. Laufer said his                              
understanding was that the bill would provide the entire                       
guarantee the International Committee was looking for.                         
Nothing else would be required.  Ms. Gore concurred.  She                      
said the total budget was eight million dollars.  She                          
further advised that in the first seven months that have                       
passed they had already raised one million dollars of the                      
four million dollars they were asking the Legislature to                       
guarantee.  They still had three years to raise the other                      
three million dollars.  She did not feel there would be a                      
problem.                                                                       
                                                                               
Co-chair Pearce said she sensed some unease with section 4                     
and asked that Ms. Gore work with Mr. Laufer from AIDEA to                     
come up with language that would make the committee feel                       
more comfortable.  She said this could be made available in                    
the form of a proposed Finance CS.                                             
                                                                               
Senator Phillips referred to page two, lines six through                       
nine regarding the number of venues.  He said he was still                     
interested in how many venues would be sponsored in                            
comparison to the Arctic Winter Games or the Winter                            
Olympics.  Co-chair Pearce clarified that the Special                          
Olympics would be the largest games to be held in the year                     
2001.  She said the Arctic Winter Games were not going to be                   
held until 2002.                                                               
                                                                               
Senator Parnell in concurrence with Senator Donley felt the                    
language on page three, lines thirteen and fourteen,                           
essentially said "if the local organization desires State                      
financial assistance they would prepare a finance plan and                     
submit that plan to the Authority for approval no later than                   
ninety days after the effective date of this Act."  He said                    
it sounded like they would submit the finance plan to AIDEA                    
within ninety days that indicated they were already desiring                   
State assistance.  Ms. Gore said that referred to  the plan                    
they were required to submit every six months so that AIDEA                    
can oversee what was being done.  Senator Parnell reiterated                   
that it read "State financial assistance".  He felt everyone                   
agreed they wanted to be a guarantor.  Ms. Gore said it was                    
for State financial assistance in the year 2001 if they did                    
not meet their requirements.  She said perhaps the wording                     
could be changed.                                                              
                                                                               
Mr. Laufer explained the requirement for the financial plan                    
within ninety days and every six months thereafter.  If the                    
organization failed to comply they would no longer be                          
eligible for financial assistance.                                             
                                                                               
Senator Phillips asked if it was required in other                             
jurisdictions to have financial moral obligations, how was                     
it done, and where.  Ms. Gore indicated that it was required                   
in other jurisdictions and believed it was the State of                        
South Carolina who did the same backing, even though they                      
had more flexibility through a division that was very                          
similar to AIDEA.  They were able to do an actual bond for                     
the Olympics.  Toronto, two years ago, was also under the                      
same requirement.                                                              
                                                                               
Senator Torgerson asked if the fund would be able to use the                   
amount generated off the investment as part of the fund?                       
Mr. Laufer said they had not provided for that because they                    
had not anticipated any funds ever being appropriated into                     
the reserve fund until the year 2001.  They would only                         
expect to ask for that appropriation if the money were to be                   
expended in short order.  Senator Torgerson said the                           
committee just heard there was one million dollars already                     
collected.   Was that not in the fund?  Mr. Laufer said the                    
fund would only be used for the State's contribution when                      
and if it was required.  Meanwhile, the local organizing                       
committee had their own non-profit corporation holding the                     
funds they had raised.                                                         
                                                                               
Senator Donley asked if this appeared in a temporary section                   
of the statutes?  Mr. Laufer said that was his                                 
understanding.                                                                 
                                                                               
Senator Parnell asked how long an act stayed in temporary                      
statutes and was a sunset needed?  Mr. Laufer said his                         
understanding was that once they were passed the time the                      
fund no longer has any input it did not matter if it was in                    
the temporary statutes.  However, they should confer with                      
the Attorney General's office.                                                 
                                                                               
Co-chair Pearce said she would hold SB 261 in committee                        
until next Tuesday, 24 March along with SB 25.                                 
                                                                               
(The committee took a short at ease at 9:20 a.m. and                           
reconvened at 9:30 a.m.)                                                       
                                                                               
Co-chair Pearce said the remainder of the meeting was a                        
continuation of the results based budgeting work session for                   
Department of Natural Resources, Forestry Program.  She                        
asked Senator Parnell to continue the meeting as chair.                        
                                                                               

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