Legislature(2013 - 2014)SENATE FINANCE 532

04/16/2014 01:30 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 278 EDUCATION TELECONFERENCED
Scheduled But Not Heard
+ HB 385 PERS/TRS STATE CONTRIBUTIONS TELECONFERENCED
<Pending Referral>
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 379 OIL & GAS PROPERTY TAX
Heard & Held
= SB 220 PERS/TRS STATE CONTRIBUTIONS
Heard & Held
= HB 308 ALASKA SECURITIES ACT EXEMPTIONS
Heard & Held
= HB 361 LICENSING OF BEHAVIOR ANALYSTS
Heard & Held
= HB 160 LICENSING OF ATHLETIC TRAINERS
Heard & Held
= SB 48 PERS CONTRIBUTIONS BY MUNICIPALITIES
Heard & Held
= HB 116 PERS CREDIT FOR MILITARY SERVICE
Moved CSHB 116(L&C) Out of Committee
SENATE BILL NO. 48                                                                                                            
                                                                                                                                
     "An Act  requiring each municipality with  a population                                                                    
     that  decreased by  more than  25 percent  between 2000                                                                    
     and 2010 that participates  in the defined benefit plan                                                                    
     of the  Public Employees'  Retirement System  of Alaska                                                                    
     to  contribute to  the system  an amount  calculated by                                                                    
     applying a rate of 22 percent  of the total of all base                                                                    
     salaries paid  by the municipality to  employees of the                                                                    
     municipality  who  are  active members  of  the  system                                                                    
     during a payroll period; reducing  the rate of interest                                                                    
     payable  by  a  municipality  with  a  population  that                                                                    
     decreased  by more  than 25  percent  between 2000  and                                                                    
     2010 that  is delinquent  in transmitting  employee and                                                                    
     employer contributions  to the defined benefit  plan of                                                                    
     the  Public  Employees'  Retirement System  of  Alaska;                                                                    
     giving   retrospective   effect  to   the   substantive                                                                    
     provisions of  the Act; and providing  for an effective                                                                    
     date."                                                                                                                     
                                                                                                                                
3:48:53 PM                                                                                                                    
                                                                                                                                
DAVID SCOTT,  STAFF, SENATOR  DONNIE OLSON,  SB 48  seeks to                                                                    
provide  relief   to  those  communities  that   have  faced                                                                    
hardship due  to the PERS  "salary floor" established  in SB
125 of the  25th Legislature. He stated that  SB 125 changed                                                                    
the PERS system  from a 'multiple employer plan'  to a 'cost                                                                    
share  plan'. That  is, SB  125  transferred the  individual                                                                    
liability of  the 160 PERS  employers and  consolidated that                                                                    
liability  so   that  all  the   employers  share   in  that                                                                    
liability.   He announced that  SB 125 also created  what is                                                                    
commonly referred  to as  the 2008 salary  floor.   That is,                                                                    
every PERS employer  will have a penalty imposed  on them if                                                                    
their  salary  base  is  below  that  of  2008.    This  was                                                                    
instituted to ensure  that the system could  not be "gamed".                                                                    
This  is to  keep  municipalities from  hiring  people on  a                                                                    
contract basis  and, therefore,  allowing the  base payments                                                                    
into the system from  shrinking. Many municipalities, due to                                                                    
circumstances  beyond their  control, have  found themselves                                                                    
under the 2008  floor for a number of years.   Most of these                                                                    
are very  small remote  communities.   Some of  the affected                                                                    
communities  are simply  trying  to lower  their budgets  by                                                                    
actively  laying-off  or  not re-hiring  due  to  attrition.                                                                    
Some communities lost  employees due to a base  closure or a                                                                    
regional clinic closure.    To further make the point, there                                                                    
is currently one community that  owes $420,000 at 12 percent                                                                    
interest.  He stressed  that SB  48 was  introduced to  help                                                                    
communities in  this situation.  He stated  that SB  48 will                                                                    
address  this issue  in  two  ways:   1)  Changes the  "2008                                                                    
floor"  to 2012  for  those communities  that  have lost  25                                                                    
percent of  their population between  2000 and 2010;  and 2)                                                                    
Provides relief to those communities  that are delinquent in                                                                    
transferring contribution  if their population  decreased by                                                                    
more  than 25  percent between  2000 and  2010. He  remarked                                                                    
that  SB 48  does  not  intend to  repeat  the "2008  floor"                                                                    
debate,  but  rather  provide relief  to  those  communities                                                                    
affected by the arbitrary line that SB 125 created.                                                                             
                                                                                                                                
Vice-Chair Fairclough handed the gavel to Co-Chair Meyer.                                                                       
                                                                                                                                
3:56:11 PM                                                                                                                    
                                                                                                                                
Senator Olson understood that the  communities were facing a                                                                    
financial burden that they would  never overcome. He queried                                                                    
the efforts  of various  communities who were  attempting to                                                                    
remedy this financial problem. Mr.  Scott replied that there                                                                    
were  some communities  that had  lost 25  percent of  their                                                                    
populations from 2000 to 2010,  like Pelican. He stated that                                                                    
Pelican,  Anderson, and  Atka did  not have  any outstanding                                                                    
delinquent  contributions. He  stressed  that  the only  two                                                                    
communities  that had  delinquent contributions  were Galena                                                                    
and St. George,  who had also lost populations  by more that                                                                    
25 percent between the two censuses.                                                                                            
                                                                                                                                
Co-Chair Meyer  surmised that  the bill  asked the  state to                                                                    
cover  those communities'  share of  the PERS  contribution.                                                                    
Mr.  Scott replied  that the  legislation would  forgive the                                                                    
delinquent contribution  penalty and  cover the cost  of the                                                                    
contribution. He stressed  that the bill to  the PERS system                                                                    
would continue  to grow from  12 percent on  $690,000, which                                                                    
was up from the year prior at $420,000.                                                                                         
                                                                                                                                
Co-Chair  Meyer wondered  if  there was  any  hope that  the                                                                    
communities  would be  able to  pay that  amount. Mr.  Scott                                                                    
replied that Galena  had taken a loan  interest loan through                                                                    
the bond  bank to  attempt to  cover their  community costs,                                                                    
while recovering  from a  flood. He  felt that  Galena would                                                                    
not be  able to  cover that cost,  because the  interest was                                                                    
making the debt grow rapidly.                                                                                                   
                                                                                                                                
Senator  Bishop  stressed  that   Galena  was  under  severe                                                                    
financial  stress  from   various  entities.  Senator  Olson                                                                    
agreed.                                                                                                                         
                                                                                                                                
4:00:32 PM                                                                                                                    
                                                                                                                                
MICHAEL   BARNHILL,  DEPUTY   COMMISSIONER,  DEPARTMENT   OF                                                                    
ADMINISTRATION,   stated  that   the   bill's  fiscal   note                                                                    
reflected  a   retroactive  effect.   He  stated   that  the                                                                    
communities  would see  a  benefit of  a  decreased rate  of                                                                    
interest  that  had  an  impact on  the  system,  which  was                                                                    
detailed in the fiscal note.                                                                                                    
                                                                                                                                
Vice-Chair Fairclough pointed out  that the fiscal note from                                                                    
the Department  of Administration  (DOA) showed  $180,000 in                                                                    
FY 14; $176,000 in FY 15;  $167,000 in FY 16; $157,000 in FY                                                                    
17; $148,000 in  FY 18; $139,000 in FY 19.  She felt that it                                                                    
appeared that the contribution by  the state would decrease.                                                                    
She  looked at  the estimated  supplemental FY  13 costs  of                                                                    
$706,000. Mr.  Barnhill replied  that the  supplemental cost                                                                    
reflected the  impact of the  retroactivity of the  bill. He                                                                    
stressed that  the costs were  amounts that the  state would                                                                    
not  collect under  existing law,  if the  bill were  passed                                                                    
into law.                                                                                                                       
                                                                                                                                
Co-Chair  Meyer   wondered  if  the  money   would  ever  be                                                                    
collected. Mr.  Barnhill responded that it  was difficult to                                                                    
speculate the  future for communities  like Galena,  but one                                                                    
could not  rule out that  perhaps Galena's fortune  may turn                                                                    
positive at some point.                                                                                                         
                                                                                                                                
Senator  Olson  stressed  that Galena  recently  suffered  a                                                                    
flood, and some  people could not even move  back into their                                                                    
homes.  He  pointed  out  that  there  was  a  significantly                                                                    
decrease in  the general  population and  school membership.                                                                    
He reiterated that it was  very improbably that Galena would                                                                    
be able to afford to pay the debt.                                                                                              
                                                                                                                                
Vice-Chair Fairclough wondered how  the issue of fairness to                                                                    
the state  picking up the  costs of one municipality  on not                                                                    
that  of   another  municipality.  She  remarked   that  the                                                                    
Municipal League had asked the  legislature to eliminate the                                                                    
termination studies  for other  cities. She felt  that there                                                                    
was  a   problem  in   determining  what   communities  were                                                                    
considered "winners" and "losers."  She felt that there were                                                                    
many communities across the state  that were burdened by the                                                                    
2008  salaries  costs,  in  regards  to  contributions.  Mr.                                                                    
Barnhill  responded   that  he   was  not   diminishing  the                                                                    
substantial burdens  that Galena and other  communities were                                                                    
facing.  He  stressed  that  the  issue  was  statewide  for                                                                    
smaller  communities' ability  to sustain  participation and                                                                    
TRS on an ongoing basis.                                                                                                        
                                                                                                                                
4:05:55 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough stressed  that the  issue of  pension                                                                    
liability  was a  burden  for everyone,  which  was why  the                                                                    
governor  had suggested  a cash  infusion.  She stated  that                                                                    
there   were   municipalities   that   had   discussed   the                                                                    
termination study.  She felt empathy, but  felt that solving                                                                    
the issue for  one community may be at a  disadvantage for a                                                                    
dozen other communities or the  entire system. The state was                                                                    
transitioning  from meeting  its obligations  to withdrawing                                                                    
reserves. She felt that the  bill was an entire year's worth                                                                    
of conversation to determine the  best method. She felt that                                                                    
it  was  reasonable  to  reduce   the  interest  rate,  when                                                                    
communities  were struggling.  She  wondered  how the  state                                                                    
would react,  if the city  failed to make the  payments. She                                                                    
specifically  wondered  if  those  employees  would  not  be                                                                    
entitled for  benefits. Mr. Barnhill replied  that, to date,                                                                    
the  process  was  to  send  notices  of  delinquency  on  a                                                                    
periodic basis.  The statute provided  DOA the  authority to                                                                    
intercept   municipal  revenue   sharing,   but  had   never                                                                    
exercised that  right. As the delinquency  list continued to                                                                    
grow,  the  state's  reticence to  exercise  that  intercept                                                                    
needed to be examined.                                                                                                          
                                                                                                                                
Senator Olson  wondered if the  employees would  not receive                                                                    
their   retirement  benefits,   if  there   were  delinquent                                                                    
payments.  Mr. Barnhill  responded that  the employees  were                                                                    
still participants  in the system,  and were  still entitled                                                                    
to their benefits.                                                                                                              
                                                                                                                                
Senator Hoffman  remarked that $420,000  for a  community of                                                                    
470 people, it would take  approximately 12 or more years of                                                                    
revenue  sharing  to  pay  that debt.  He  stated  that  the                                                                    
community  was probably  utilizing  the  revenue sharing  to                                                                    
keep  their  offices  open.  He  stated  that  most  of  the                                                                    
communities of 100 to 500  people used their revenue sharing                                                                    
to keep  their municipal  office in operation.  He furthered                                                                    
that, in 2010, there were 470  people in Galena, so a family                                                                    
of required to  pay in excess of $3500  dollars. He stressed                                                                    
that  Galena  was greatly  impacted,  much  more than  other                                                                    
small communities in the state.                                                                                                 
                                                                                                                                
4:11:27 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer wondered if there  were any PERS employees in                                                                    
Galena. Mr. Barnhill replied that  there were PERS employees                                                                    
in Galena,  and deferred to  Mr. Scott for the  exact number                                                                    
of employees.                                                                                                                   
                                                                                                                                
Mr.  Scott  stated that  there  were  17 PERS  employees  in                                                                    
Galena.                                                                                                                         
                                                                                                                                
Co-Chair  Meyer queried  the  economic  activity in  Galena.                                                                    
Senator   Hoffman  responded   that  the   current  economic                                                                    
activity was focused on home repair.                                                                                            
                                                                                                                                
Co-Chair Meyer stated  that the military base  in Galena had                                                                    
closed, with no effort toward reopening.                                                                                        
                                                                                                                                
Mr.  Scott  announced  that  Galena   had  17  current  PERS                                                                    
employees,  however  the  community's  contribution  to  the                                                                    
state was for 36 employees, which was the 2008 floor.                                                                           
                                                                                                                                
Vice-Chair Fairclough surmised that  there would be 36 total                                                                    
employees that  would be retired  from the PERS  system. Mr.                                                                    
Scott  replied   that  the  36  employee   contribution  was                                                                    
considered the 2008 floor.                                                                                                      
                                                                                                                                
Co-Chair Meyer stressed that it  was an important issue, and                                                                    
felt that it  would not be resolved in  the current session.                                                                    
He  hoped  that Mr.  Barnhill  could  assist in  a  solution                                                                    
during  the  interim.  Mr.  Barnhill  replied  that  he  was                                                                    
willing to explore solutions.                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough wondered  if the  25 percent  loss in                                                                    
the  census  was  an  accurate  measurement  to  assist  all                                                                    
Alaskan communities.  Mr. Barnhill replied that  there was a                                                                    
census  table  that  outlined population  loss  employer  by                                                                    
employer.  He stated  that  the table  would  show how  many                                                                    
participating employers were added  at the 25 percent level,                                                                    
20 percent level, and so forth.                                                                                                 
                                                                                                                                
Mr.  Scott stated  that he  would provide  the graph  to the                                                                    
committee at a later date.                                                                                                      
                                                                                                                                
Vice-Chair Fairclough  whether the 25 percent  threshold was                                                                    
better  than   the  20   percent  threshold.   Mr.  Barnhill                                                                    
responded  that  he  was  not prepared  to  respond  to  the                                                                    
inquiry.                                                                                                                        
                                                                                                                                
Vice-Chair  Fairclough  asked  if   there  was  a  different                                                                    
criteria that the Senate should  study. Mr. Barnhill replied                                                                    
that  there should  be an  examination of  a prospect  for a                                                                    
sustainable  revenue base  within the  community that  could                                                                    
support continued participation in  the system over the next                                                                    
ten or twenty years.                                                                                                            
                                                                                                                                
Senator Hoffman  noticed that Mr.  Barnhill had  stated that                                                                    
there  was  an  option   of  intercepting  Galena's  revenue                                                                    
checks. He  wondered if the  department would  withhold that                                                                    
particular implementation of the  law, until the legislature                                                                    
was  able  to address  the  issue  the following  year.  Mr.                                                                    
Barnhill  replied that  the state  needed  to reexamine  its                                                                    
reticence in  utilizing the  revenue intercept.  He stressed                                                                    
that he  would look  some solutions  that would  avoid using                                                                    
the revenue intercept.                                                                                                          
                                                                                                                                
SB  48  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB278 School Funding Ltr 4-15-14.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA increase please - Landry.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase the BSA - Remick.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Senate Finance Committee - Brown.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support increased education funding - Crimp.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A rural perspective about our funding challenges - Walsh.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Request for Funding - Fischer.msg SFIN 4/16/2014 1:30:00 PM
HB 278
Hb278 BSA - Schafer - Mozen.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Testimony on HB278 BSA Increase - Boyle.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA - Campell.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 To Senate Finance Committee Members -- Please support our public schools Increase BSA by $400$125$125 - Wiggin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 base student allocation - Crane.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please Support School Funding - Woern.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 - Please support our schools! - Wittrock.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Fund public schools with $400 BSA - Pease.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 TVEP Public Testimony - Reynolds.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 AWIB - CTE Programs RTC List - Reynolds.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA URGENT - Tague.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Don't stop public school funding - Olnes.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 School allocations - Shewman.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase the BSA - Glenn.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA - Johnson.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 FCC Scool and Libray Policy Brief.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 FCC changes to Universal Service Reform for the e-rate program - FCC-13-100A1.docx SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Fully fund our schools - please - Burch.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A thru F grading of schools -- Keep it! - Boyle.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 AASA Testimony.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A-F Grading provision in HB 278 - Griffin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A thru F grading of schools -- Keep it! - Boyle2.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 school funding plea! - Reed.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Public Schools - Norton.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase BSA please - Engh.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please increase the BSA and avoid more layoffs! - Shellenbaum.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase the BSA - Zafren.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 INCREASE BSA - Decker.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please Support our Educational Discourse Fund our Schools - Waisanen.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Raise the BSA $600 effective FY15. Show us the money. - Bronson.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Base student allocation - Retus.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Education Funding - Raise BSA - Buss.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Funding public education - Wiggin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Support Alaska's Students - Bivins.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 School Funding - Gal.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 School Funding - Cramer.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Education matters! - Harmon.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support our public schools! - Perrins.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 school funding - Kushin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Student Base Allocation and Susitna Dam - Pierce.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please help the Alaska kids - Cedano.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please prioritize education for all Alaskans - Manning.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Fully fund schools - Richotte.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please increase the BSA by $400 AND $125 for the next 2 years - Boots.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support our Alaska schools - Nash.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA Adjustment - Sparrow.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Education funding - Meidinger.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 District School Deficit in Delta Junction - Becker.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB 385-Funding Public Testimony - Dean.msg SFIN 4/16/2014 1:30:00 PM
HB 385
HB278 My kids can't wait. They are in school now! - Rardin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
Hb278 BSA - Schafer - Mozen.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Request for Funding - Fischer.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support increased education funding - Crimp.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A rural perspective about our funding challenges - Walsh.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Request for Funding - Fischer.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A rural perspective about our funding challenges - Walsh.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support increased education funding - Crimp.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Senate Finance Committee - Brown.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 AFN BSA resolution.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase the Base Student Allocation - Spohnholz.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Public Testimony - Rutherford.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Our Students Our Future - Story.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Juneau Board of Education Resolution.docx SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Raise the BSA 400125125 - Eubanks.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Education Funding - Curran.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please increase the BSA and prioritize education funding - Manning.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 PLEASE INCREASE THE BSA! - Wijtalewicz.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Comments on Senate Bill 278 - Lambert.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support an increase to the BSA - Richards.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please increase BSA - Brubaker.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Support for our Schools - Cordano.msg SFIN 4/16/2014 1:30:00 PM
HB 278