Legislature(1997 - 1998)

02/24/1998 08:40 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."                         
                                                                               
Co-chair Sharp called SB 261.  He noted that it had been                       
held due to his absence and there had been concern regarding                   
the financing plan or guarantees.                                              
                                                                               
Mary Gore, staff to Senate President Mike Miller, was                          
invited to join the committee.  She said what was before the                   
committee today was changes to the original piece of                           
legislation that would tighten up the concerns the committee                   
noted last week.  She said another changes had been                            
discussed between herself and Senator Donley on page three,                    
section 4(3).  She said this change would make sure no money                   
would be appropriated to the organizing committee prior to                     
the year 2001.                                                                 
                                                                               
Senator Donley referred to page three, line twelve and said                    
the organization desired financial assistance from the                         
State.  It has now been modified that the plan being                           
submitted is a financial guarantee plan and not just a                         
request for money.  He would further like to see language                      
added that would specifically say the local organizing                         
committee would make a good faith effort to raise money on                     
their own even when the financial plan is in place.  He                        
suggested that on line nineteen language could be added to                     
ensure the local organizing committee uses it's best efforts                   
to minimize cost to the State so there is an ongoing written                   
responsibility by the local organizing committee to minimize                   
the cost to the State to continue to raise money.                              
                                                                               
Senator Adams said he agreed with the concept of the                           
amendment but would like to see it in writing to make sure                     
the sponsor does not mind and that it is on record.  Co-                       
chair Sharp concurred.                                                         
                                                                               
Senator Donley said due diligence had been discussed and                       
there had been several attempts to incorporate that concept,                   
which he considered a good explanation of best effort.  He                     
noted the drafters had refused to put it into ... Ms. Gore                     
said that was because it was not technical.  Senator                           
Phillips reminded her that due diligence inquiries is done                     
in the oil and gas areas.  Senator Donley concurred and said                   
he was confused by their refusal.                                              
                                                                               
Senator Parnell said he had a procedural question and asked                    
if the Co-chair would like him to move the work draft and                      
have it adopted or would he rather they wait for Senator                       
Donley's changes.  Co-chair Sharp said the work draft should                   
be adopted and then they could take up amendments if there                     
were any.                                                                      
                                                                               
Senator Parnell MOVED work draft CSSB 261 (), "E" version,                     
dated 23 February 1998.  Senator Adams OBJECTION.  He asked                    
Ms. Gore regarding page three, line thirty, as to where the                    
actual money would be coming from.  Ms. Gore said it would                     
be up to the Legislature in the year 2001 to make that                         
determination.  Senator Adams asked if the organization had                    
designated any specific funding source?  Ms. Gore indicated                    
negative.  Senator Adams advised Co-chair Sharp that he                        
REMOVED his OBJECTION.                                                         
                                                                               
Co-chair Sharp said WITHOUT OBJECTION the work draft had                       
been ADOPTED.                                                                  
                                                                               
Senator Donley asked there be discussion regarding his                         
suggested conceptual amendment on page three, line nineteen                    
after the word "State" be added "and ensures local organized                   
committee uses it's best efforts to minimize cost to the                       
State".  Would the committee prefer to say "and insures the                    
local organizing committee uses due diligence to minimize                      
the cost to the State."?                                                       
                                                                               
Senator Parnell said they could certify the financial                          
guarantee plan that they've used due diligence or best                         
effort.  He felt that might be another approach when the                       
financial plan was submitted.                                                  
                                                                               
Senator Donley referred to the original presentation of the                    
plan to the State.   Subsequently there is a series of semi-                   
annual updates to the plan.  It would be appropriate that                      
when the semi-annual updates were made that the organization                   
certified they used due diligence or good faith effort to                      
raise as much money on their own as possible.  That could                      
probably be inserted under section (b).                                        
                                                                               
Senator Adams asked that comments be heard from AIDEA staff                    
that was present.                                                              
                                                                               
Keith Laufer, Financial and Legal Affairs Manager, AIDEA was                   
invited to join the committee.  Responding to Senator Donley                   
he said he felt the due diligence responsibility was with                      
AIDEA as opposed to the local committee.  As he understood                     
the bill, they would submit a finance plan to AIDEA, which                     
by the amendment would have to minimize State assistance.                      
Perhaps the way to handle the concerns would be under                          
section (d), to amend it to read, "the finance plan and all                    
updates are subject to the approval of the authority                           
following reasonable due diligence."  (pause on tape)                          
                                                                               
Senator Donley said the problem still existed with what the                    
committee wanted was not due diligence by AIDEA but that                       
AIDEA used due diligence to confirm due diligence by the                       
organizing committee.  They did not want that once the                         
guarantee was put in place everyone would figure they did                      
not have to worry anymore because there was a financial                        
guarantee.  He further told Ms. Gore he knew this was a                        
wonderful organization but they were also dealing with                         
people's money and therefore they would have to be                             
conservative and protect these monies.                                         
                                                                               
Senator Parnell suggested that at line 19, after the word                      
"State" insert "and ensures the local sponsor organization                     
undertakes to acquire funds through private sources" ...                       
"the finance plan must include a method of financing the                       
games that minimizes the cost to the State and ensures the                     
local sponsor organization undertakes to acquire funds                         
through private sources."                                                      
                                                                               
Ms. Gore asked that it not be limited to private sources                       
because if the Government of Sri Lanka wanted to give money                    
to us...                                                                       
                                                                               
Senator Parnell continued with "non-State of Alaska                            
sources".  Or "sources other than the State of Alaska".                        
                                                                               
(Miscellaneous conversation among members at the table                         
followed regarding the correct wording of an amendment.)                       
                                                                               
Senator Phillips referred to the Arctic Winter Games that                      
were held in Eagle River in 1996.  In order to start this                      
off the Municipality of Anchorage set it up with $100,000,                     
with an agreement that the organizing committee would pay                      
that money back.  Granted he didn't think the City ever                        
expected the money back, but the community and the organized                   
committee did pay it back.  The language in their agreement                    
might be looked at for suggestions.  Senator Phillips said                     
he could call the City and get a copy of said agreement.                       
                                                                               
Senator Torgerson asked if there was a time line by which to                   
get this bill heard.  Ms. Gore indicated that the                              
international committee had wanted it as soon possible.  The                   
letter sent by Senate President Mike Miller and House                          
Speaker Gail Phillips last fall was basically buying time at                   
this point.  The sooner it could be gotten to them as passed                   
legislation the better.  For the record, she said the City                     
of Anchorage wants to bid on the big winter game.  Private                     
industry in Anchorage is basically behind this.  They are                      
not going to let this guarantee be used because if they                        
intend to go after the big games they cannot have this as a                    
black eye on their record that they did not come up with the                   
money for the Special Olympic Winter Games.  They are                          
committed to raising the money.  Three million dollars of                      
the eight million dollars has been raised to date and they                     
are continuing to raise money.                                                 
                                                                               
Senator Donley MOVED amendment #1 regarding lines 19 and 24.                   
Due to greater discussion by the members regarding the                         
amendment there was NO OBJECTION and it was ADOPTED.                           
                                                                               
Senator Torgerson posed a delayed objection so the sponsor                     
could read the amendment.  (pause on record)  He then                          
removed his objection.                                                         
                                                                               
Senator Parnell MOVED CSSB 261 FIN) as amended with                            
individual recommendations and accompanying zero fiscal note                   
and WITHOUT OBJECTION it was REPORTED OUT with individual                      
recommendations and accompanying zero fiscal note from                         
Department of Commerce and Economic Development/AIDEA.                         
                                                                               
Co-chair Sharp reviewed the afternoon schedule commencing at                   
4:30 p.m. with scheduled budget meeting to be chaired by                       
Senator Pearce.  Thursday morning SB 273 would be on the                       
calendar and Thursday evening at 6:00 p.m. public testimony                    
would be taken Statewide on SB 36.                                             
                                                                               
The co-chair further noted that the amendments to SB 273                       
Charitable Gaming had been rolled into a new CS for                            
presentation to the committee.                                                 
                                                                               
                                                                               
ADJOURNMENT                                                                    
                                                                               
There being nothing further to come before the committee Co-                   
chair Sharp recessed at approximately 10:23 a.m.                               
SFC-98 -17- 2/24/98                                                            

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