Legislature(2013 - 2014)BUTROVICH 205

03/12/2013 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 46 WAIVE CDL SKILL TEST FOR CERTAIN VETERANS TELECONFERENCED
Moved HB 46 Out of Committee
*+ SB 48 PERS CONTRIBUTIONS BY MUNICIPALITIES TELECONFERENCED
Heard & Held
+= SB 44 ELECTION PROCEDURES; REAA ADVISORY BOARDS TELECONFERENCED
Moved CSSB 44(STA) Out of Committee
Bills Previously Heard/Scheduled
           SB 48-PERS CONTRIBUTIONS BY MUNICIPALITIES                                                                       
                                                                                                                                
9:19:49 AM                                                                                                                    
CHAIR DYSON announced the consideration of SB 48.                                                                               
                                                                                                                                
DAVID  SCOTT, staff  to Senator  Donny Olson,  sponsor of  SB 48,                                                               
introduced  SB  48  on  behalf  of  the  sponsor.  He  said  this                                                               
legislation seeks  to provide relief  to communities  hardest hit                                                               
by the  "2008 salary floor" that  was contained in SB  125 during                                                               
the 25th  Legislature. The mechanics  of the  bill are that  if a                                                               
community  has  lost  more  that 25  percent  of  its  population                                                               
between the  two censuses - 2000  and 2010, they can  count their                                                               
current PERS employees in order  to calculate the 22 percent that                                                               
they owe to the PERS system.  The bill also allows those who lost                                                               
over 25 percent to retroactively  eliminate delinquency fines and                                                               
lower the percentage rate of 12 percent to around 4 percent.                                                                    
                                                                                                                                
He related that the three  communities most affected are Pelican,                                                               
Galena, and Atka.  He opined that without action  taken, the PERS                                                               
system will not see the money  it is owed from these communities.                                                               
Galena,  for  example, owes  more  than  $400,000 at  12  percent                                                               
interest and is unable to pay.                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI asked how SB 125 worked.                                                                                   
                                                                                                                                
MR. SCOTT  explained that  there were  160 PERS  employers across                                                               
the state at  the time. Their liabilities were  combined and each                                                               
was required  to pay  a 22 percent  contribution from  their 2008                                                               
floor.                                                                                                                          
                                                                                                                                
9:23:46 AM                                                                                                                    
SENATOR  WIELECHOWSKI asked  how the  three communities  got into                                                               
the situation they're in.                                                                                                       
                                                                                                                                
MR.  SCOTT  knew  that  the  Air Force  left  Galena,  a  lot  of                                                               
employees and employers left, and  the PERS number went below the                                                               
2008 floor.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked the rationale for the 2008 floor.                                                                    
                                                                                                                                
MR. SCOTT said the idea was  to keep communities from "gaming the                                                               
system"  and   not  paying   their  fair   share  into   the  new                                                               
consolidated PERS system.                                                                                                       
                                                                                                                                
9:25:16 AM                                                                                                                    
SENATOR DYSON asked for more information about SB 125.                                                                          
                                                                                                                                
SENATOR  STEDMAN recalled  testimony regarding  the concern  that                                                               
communities would  game the  system. A  main impetus  for pooling                                                               
the communities was the accuracy  of the payments. Pooling seemed                                                               
to be  the easiest solution.  There was concern  that communities                                                               
would close the current plan  and shift the responsibility to the                                                               
state.                                                                                                                          
                                                                                                                                
He  said the  bill did  have  some inadvertent  effects, such  as                                                               
communities  that  lose population  being  unable  to pay.  Other                                                               
issues have  surfaced over time,  such as exposure to  the state.                                                               
Currently,  there is  residual discussion  about  returning to  a                                                               
defined benefit plan.                                                                                                           
                                                                                                                                
CHAIR  DYSON  asked  if  the  Department  of  Administration  was                                                               
represented in the meeting.                                                                                                     
                                                                                                                                
9:28:14 AM                                                                                                                    
JIM  PUCKETT,  Director,  Division of  Retirement  and  Benefits,                                                               
Department  of Administration,  introduced Deputy  Director Kathy                                                               
Lea.                                                                                                                            
                                                                                                                                
CHAIR DYSON inquired about the administration's position.                                                                       
                                                                                                                                
MR. PUCKETT  replied that the  administration has no  position on                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR DYSON asked why a  community that is struggling financially                                                               
shouldn't  be  able to  carry  on  public  services in  the  most                                                               
economical way, such as contracting for services.                                                                               
                                                                                                                                
MR. PUCKETT opined that they should be  able to do so, as long as                                                               
they continue to meet their present obligations.                                                                                
                                                                                                                                
CHAIR DYSON asked  if those obligations consist  of continuing to                                                               
contribute  to  the  PERS  fund in  order  to  access  retirement                                                               
benefits for their employees.                                                                                                   
                                                                                                                                
MR. PUCKETT  agreed; they voluntarily  entered into  an agreement                                                               
and  are  obligated  to  pay  the funds  necessary  to  meet  the                                                               
retirement benefits of their employees.                                                                                         
                                                                                                                                
SENATOR  STEDMAN said  he wasn't  familiar with  the communities'                                                               
specific situations,  but if populations  continue to  decline he                                                               
wondered if the "last man standing" will have to pay the bill.                                                                  
                                                                                                                                
MR. PUCKETT replied  the community has to pay or  it will fall on                                                               
all other payers in the state.                                                                                                  
                                                                                                                                
CHAIR DYSON said  he could understand the  problem in communities                                                               
such  as Galena  who fall  into  situations through  no fault  of                                                               
their  own. However,  he  said  he disagrees  with  the way  that                                                               
Kalskag solved  its financial problems.  He asked how  to justify                                                               
the different situations.                                                                                                       
                                                                                                                                
MR. PUCKETT said he had no suggestions.                                                                                         
                                                                                                                                
SENATOR  STEDMAN pointed  out that  this is  the first  time that                                                               
policy makers  have grappled  with this  issue. He  suggested the                                                               
situation could  be the same  in Fairbanks if the  military moves                                                               
out.                                                                                                                            
                                                                                                                                
9:33:07 AM                                                                                                                    
SENATOR WIELECHOWSKI asked what  the administration intends to do                                                               
with Galena if this legislation were not to pass.                                                                               
                                                                                                                                
MR. PUCKETT  said the administration  didn't have  another method                                                               
or solution in mind.                                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if  the bill  is  appropriate or  if                                                               
there was a better way to go.                                                                                                   
                                                                                                                                
MR. PUCKETT  said the bill is  an attempt to open  the discussion                                                               
in order  to address  the problem.  He noted,  at this  time, the                                                               
administration is taking no stance.                                                                                             
                                                                                                                                
CHAIR DYSON  said his  understanding is  that a  community cannot                                                               
get away from its contractual  responsibilities unless there is a                                                               
bankruptcy.  He   noted  that  when  the   responsibilities  were                                                               
aggregated communities were precluded from going bankrupt                                                                       
                                                                                                                                
MR. PUCKETT stated that the  state has already assumed the lion's                                                               
share of  the financial  responsibility for  retirement benefits.                                                               
This bill  will add yet  another financial responsibility  to the                                                               
state. He  reiterated that the  administration takes  no position                                                               
on the bill, but considers it the beginning of the conversation.                                                                
                                                                                                                                
9:36:50 AM                                                                                                                    
SENATOR COGHILL asked  if any communities to date  in Alaska have                                                               
gone bankrupt.                                                                                                                  
                                                                                                                                
MR. PUCKETT said not to his knowledge.                                                                                          
                                                                                                                                
CHAIR DYSON  noted that Elfin  Cove has  the status of  no longer                                                               
being a recognized community, which  is similar to bankruptcy. He                                                               
expressed a desire to know more about the dissolution process.                                                                  
                                                                                                                                
MR. PUCKETT did not know about the dissolution process.                                                                         
                                                                                                                                
CHAIR DYSON said the question  goes beyond whether a community is                                                               
viable or not; it's whether  the community has chosen to dissolve                                                               
itself or not.                                                                                                                  
                                                                                                                                
SENATOR  COGHILL  said  dissolving  a  community  is  one  issue;                                                               
putting a legal  barrier to debt is another. He  explained he was                                                               
referring to not  being able to service the debt,  but wanting to                                                               
remain  a community,  such  as  the situation  Galena  is in.  He                                                               
thought the  PERS law did not  excuse a community from  that debt                                                               
and it would shift to other payers.                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI noted  a  document  from legislative  legal                                                               
that says that municipal bankruptcies are illegal in Alaska.                                                                    
                                                                                                                                
MR. PUCKETT said he was unaware of that opinion.                                                                                
                                                                                                                                
9:39:46 AM                                                                                                                    
GREG MOYER,  Interim City Manager,  City of Galina,  testified in                                                               
support of  SB 48. He  related that  he was hired  to restructure                                                               
and save the community of Galena,  which is reeling from the 2008                                                               
closure  of the  Galina Airbase.  He provided  background of  the                                                               
community.  He said  when the  Galina Air  Base was  realigned in                                                               
1994,  the population  was reduced  by  20 percent  to 650.  With                                                               
closure of  the Galina  Airbase in 2008,  the community  lost the                                                               
military population, a strong economy,  and s reliable employment                                                               
base.  That same  year, Galina  was required  to meet  the salary                                                               
floor or be penalized 20  percent, plus interest. Galena tried to                                                               
pay using  the Municipal Bond  Bank Authority. The  population is                                                               
now under 500.  He said he has developed an  austere FY13 budget,                                                               
with total  PERS salaries of about  $885,000. Unfortunately, that                                                               
is about  $628,000 less than  the state's June 2008  salary floor                                                               
of $1.5 million.                                                                                                                
                                                                                                                                
He  emphasized  that the  community  doesn't  want to  shirk  its                                                               
responsibility, but it will never  meet the salary floor that was                                                               
set in  2008. He  said if it  was a one-time  debt the  bond bank                                                               
would provide  a solution, but  this is an annual  payment. There                                                               
is no escape.                                                                                                                   
                                                                                                                                
He opined that SB  48 has less to do with the  money due and more                                                               
with doing the  right thing for communities that  are required to                                                               
meet  an unattainable  salary floor.  He urged  the committee  to                                                               
find a legislative  fix for this issue. He emphasized  that SB 48                                                               
does the right thing for Galena and a few other communities.                                                                    
                                                                                                                                
9:47:35 AM                                                                                                                    
CHAIR DYSON said he appreciates  the situation and what Galena is                                                               
doing to address the problem, such as opening a boarding school.                                                                
                                                                                                                                
MR. MOYER  stated that the  community has a boarding  school with                                                               
220 kids from across the state.                                                                                                 
                                                                                                                                
CHAIR DYSON asked if the community has local taxes.                                                                             
                                                                                                                                
MR. MOYER said they have a sales tax, but no property tax.                                                                      
                                                                                                                                
9:49:16 AM                                                                                                                    
CLINT  BEAN,   Mayor,  City  of   Pelican,  echoed   Mr.  Moyer's                                                               
sentiments.  He noted  that he  has submitted  written testimony.                                                               
The difference  between Pelican and  Galena is that  Pelican lost                                                               
its fish plant  and half of its population since  the 2008 floor.                                                               
He said Pelican  has tried to apply solutions to  their debt, but                                                               
to no  avail. He noted that  Pelican doesn't want to  end up like                                                               
Elfin Cove  - no  longer a  viable community -  but it  is headed                                                               
down the same road.                                                                                                             
                                                                                                                                
9:51:11 AM                                                                                                                    
SENATOR  STEDMAN   asked  Mr.  Bean  to   mention  Pelican's  tax                                                               
structure. He noted  that there has been work  toward getting the                                                               
turbine hydro  plant back  on line, the  fuel dock  upgraded, and                                                               
the  fish  processing plant  improved  in  order to  reverse  the                                                               
course.                                                                                                                         
                                                                                                                                
CHAIR DYSON asked how the community taxes itself.                                                                               
                                                                                                                                
MAYOR BEAN said Pelican has a  property tax and a 4 percent sales                                                               
tax.  The  population  has  dropped   from  127  in  2008  to  88                                                               
currently.                                                                                                                      
                                                                                                                                
CHAIR  DYSON  noted  that  the   committee  received  Mr.  Bean's                                                               
testimony.                                                                                                                      
                                                                                                                                
9:52:46 AM                                                                                                                    
KATHIE WASSERMAN,  Alaska Municipal League, testified  in support                                                               
of SB 48.  She said, while this may not  be the perfect solution,                                                               
it is a step in the  right direction. The bill intends to reverse                                                               
the unintended consequences of SB 125, passed in 2008.                                                                          
                                                                                                                                
She explained what has happened  in some smaller communities. All                                                               
municipalities continue to  willingly pay 22 percent  of past and                                                               
present  PERS  service  obligations,   but  this  requirement  is                                                               
proving  to be  impossible for  small communities.  She spoke  to                                                               
Pelican's  difficulties. She  shared her  perspective as  a Local                                                               
Boundary  Commission  member  regarding the  dissolution  process                                                               
that some communities have gone through.                                                                                        
                                                                                                                                
9:56:00 AM                                                                                                                    
SENATOR STEDMAN said he wanted  to broaden the discussion and get                                                               
the population counts for communities in  order to get a feel for                                                               
how many are close to the 25 percent population drop.                                                                           
                                                                                                                                
SENATOR  GIESSEL directed  attention  to the  information in  the                                                               
packet  that shows  the  debt that  communities  have. She  noted                                                               
Noorvik has a debt of almost $128,000.                                                                                          
                                                                                                                                
CHAIR DYSON  requested information  on the  community dissolution                                                               
process.                                                                                                                        
                                                                                                                                
MS. WASSERMAN said  it is similar to the  means of incorporation.                                                               
A municipality must  file a petition, although there  is often no                                                               
one left  in the community  that can  fill out that  petition. In                                                               
that case,  it appears  that the  state requires  them to  hire a                                                               
consultant to prepare the petition,  which she strongly disagrees                                                               
with.                                                                                                                           
                                                                                                                                
CHAIR DYSON questioned how the state  might set up a mechanism to                                                               
sort out which community is gaming  the system and which is truly                                                               
in trouble.                                                                                                                     
                                                                                                                                
MS. WASSERMAN  stated that the  government isn't good  at looking                                                               
at things individually, but it  would be fairly easy to determine                                                               
whether a community  was trying to game the  system. She stressed                                                               
that  the three  communities  under  discussion certainly  aren't                                                               
trying to game the system.                                                                                                      
                                                                                                                                
10:00:30 AM                                                                                                                   
BROOKS CHANDLER,  City Attorney,  City of  Galena, said  the bill                                                               
creates an  exception to  the policy established  in 2008.  It is                                                               
limited  through an  equation based  on loss  in population.  The                                                               
problem is that the system  doesn't allow exceptions to the rule.                                                               
Galena  hasn't tried  to game  the system.  The legislation  is a                                                               
practical cure  to the one-size-fits-all policy.  If implemented,                                                               
it does  not expand  beyond these  three communities  because the                                                               
population  loss  is  limited  to   between  2000  and  2010.  He                                                               
suggested  expanding  the reach  of  the  bill to  include  other                                                               
communities should not be considered  right now because the three                                                               
communities require immediate relief.                                                                                           
                                                                                                                                
10:03:47 AM                                                                                                                   
CHAIR DYSON said he appreciated Mr. Chandler's efforts.                                                                         
                                                                                                                                
He asked Mr. Puckett how  much of the PERS/TRS unfunded liability                                                               
is as a result of bad actuarial advice years back.                                                                              
                                                                                                                                
MR. PUCKETT said he has heard between $1 billion and $2 billion.                                                                
                                                                                                                                
CHAIR DYSON  stated he would  hold the  bill because he  had more                                                               
questions. One question  is to the administration  about how long                                                               
it will  take to  get a  plan together in  order to  determine if                                                               
passage  of the  bill will  preclude  some of  the solutions  the                                                               
administration would  like to do.  Perhaps passing the  bill will                                                               
build a  fire under the administration  to help with some  of the                                                               
policy decisions.  He asked if  the administration could  give an                                                               
opinion by the next  hearing in ten days on the  best way to move                                                               
forward.                                                                                                                        
                                                                                                                                
MR.  PUCKETT said  the administration  has been  working on  this                                                               
issue,  but doesn't  have a  clear proposal  or solution  at this                                                               
time.                                                                                                                           
                                                                                                                                
CHAIR DYSON opined that the  bill is a well-tailored solution. He                                                               
held SB 48 in committee.                                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
SB 48 - Sponsor Statement.pdf SSTA 3/12/2013 9:00:00 AM
SB 48
SB 48 Version A.pdf SSTA 3/12/2013 9:00:00 AM
SB 48
SB 48 Fiscal Note DOA-DRB-3-08-13.pdf SSTA 3/12/2013 9:00:00 AM
SB 48
HB 46 Version A.pdf SSTA 3/12/2013 9:00:00 AM
HB 46
HB 46 Fiscal Note DOA-DMV-2-08-13.pdf SSTA 3/12/2013 9:00:00 AM
HB 46
HB 46 USDOT - Federal Motor Carrier Safety Admin CDL Info.pdf SSTA 3/12/2013 9:00:00 AM
HB 46
HB 46 Supporting Docs-Letter HAP Alaska-Yukon & Princess Cruise Bruce Bustamente 2-11-13.pdf SSTA 3/12/2013 9:00:00 AM
HB 46
HB 46 Supporting Docs - Letter Mark San Souci DOD State Liaison Office 2-6-13.pdf SSTA 3/12/2013 9:00:00 AM
HB 46
HB 46 - Supporting Docs -Testimony from Aves Thompson House STA HB46 CDL Vets 2-12-13.pdf SSTA 3/12/2013 9:00:00 AM
HB 46
HB 46 Expected Witnesses to Testify.pdf SSTA 3/12/2013 9:00:00 AM
HB 46
SB 44 - Sponsor Statement Governor.pdf SSTA 3/12/2013 9:00:00 AM
SB 44
SB 44 Version A.pdf SSTA 3/12/2013 9:00:00 AM
SB 44
SB 44 - Sectional Analysis.pdf SSTA 3/12/2013 9:00:00 AM
SB 44
SB 44 - Committee Substitute SB 44U.pdf SSTA 3/12/2013 9:00:00 AM
SB 44
SB 44 - Fiscal Note DEED.pdf SSTA 3/12/2013 9:00:00 AM
SB 44
SB 44 - Fiscal Note Div Elections.pdf SSTA 3/12/2013 9:00:00 AM
SB 44
SB 48 - Legislative Research Municipal Bankruptcies in Alaska.pdf SSTA 3/12/2013 9:00:00 AM
SB 48
SB 48 - Employers impacted by salary floor.pdf SSTA 3/12/2013 9:00:00 AM
SB 48
SB 48 - effected employers.pdf SSTA 3/12/2013 9:00:00 AM
SB 48
SB 48 City of Pelican Statement.pdf SSTA 3/12/2013 9:00:00 AM
SB 48