Legislature(2003 - 2004)

03/02/2004 01:55 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                       March 02, 2004                                                                                           
                         1:55 P.M.                                                                                              
                                                                                                                                
TAPE HFC 04 - 38, Side A                                                                                                        
TAPE HFC 04 - 38, Side B                                                                                                        
TAPE HFC 04 - 39, Side A                                                                                                        
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Williams called the House  Finance Committee meeting                                                                   
to order at 1:55 P.M.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Harris, Co-Chair                                                                                            
Representative Bill Williams, Co-Chair                                                                                          
Representative Kevin Meyer, Vice-Chair                                                                                          
Representative Eric Croft                                                                                                       
Representative Hugh Fate                                                                                                        
Representative Richard Foster                                                                                                   
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Carl Moses                                                                                                       
Representative Bill Stoltze                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Chenault                                                                                                    
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Pete  Ecklund,  Staff,  Representative   Bill  Williams;  Jim                                                                   
Pound,  Staff,   Representative  Hugh  Fate;   Kristin  Ryan,                                                                   
Director,  Division of  Environmental  Health, Department  of                                                                   
Environmental   Conservation;   Geraldine  McIntosh,   Staff,                                                                   
Representative  Bill   Williams;  Diane  Barrans,   Executive                                                                   
Director, Postsecondary  Education Commission,  Department of                                                                   
Education;  Tom  Lovas,  Executive Director,  Four  Dam  Pool                                                                   
Joint   Action  Agency   (JAA),   Anchorage;  Bob   LeResche,                                                                   
Financial  Advisor,  Four  Dam   Pool  Joint  Action  Agency,                                                                   
Juneau;  Bob  Loeffler,  Director,  Mining,  Land  and  Water                                                                   
Division, Department  of Natural Resources,  Anchorage; Steve                                                                   
Porter, Deputy  Commissioner,  Department of Revenue;  Sheila                                                                   
King,  Finance Officer,  Postsecondary Education  Commission,                                                                   
Department of Education                                                                                                         
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Elise Hsieh,  Assistant Attorney General, Department  of Law,                                                                   
Anchorage;  Ken Vassar,  Bond Council,  Alaska Commission  on                                                                   
Postsecondary  Education   (ACPE),  Anchorage;   Ron  Miller,                                                                   
Executive Director, Alaska Industrial  Development and Export                                                                   
Authority,  (AIDEA), Anchorage;  Brian Bjorkquist,  Assistant                                                                   
Attorney General,  Department of Law, Anchorage;  Eric Yould,                                                                   
Executive   Director,   Alaska   Power   Association   (APA),                                                                   
Anchorage; Sarah Fisher-Goade,  Alaska Energy Authority (AEA)                                                                   
&  Alaska   Industrial  Development   and  Export   Authority                                                                   
(AIDEA), Anchorage                                                                                                              
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 344    An Act  relating to  annual rental fees  for mining                                                                   
          claims, and providing  for reduced royalties during                                                                   
          the first three years of production.                                                                                  
                                                                                                                                
          CS HB 344 (RES) was reported out of Committee with                                                                    
          a "do  pass" recommendation  and with a  new fiscal                                                                   
          note by the Department of Natural Resources.                                                                          
                                                                                                                                
HB 378    An  Act  relating to  the  Alaska Food,  Drug,  and                                                                   
          Cosmetic   Act,   including   sales,   advertising,                                                                   
          certain  devices,  food  donors,  and  food  banks;                                                                   
          making   certain   violations   of   organic   food                                                                   
          provisions  and  of  the  Alaska  Food,  Drug,  and                                                                   
          Cosmetic  Act  unfair  methods of  competition  and                                                                   
          unfair  or   deceptive  acts  or   practices  under                                                                   
          certain of  the state's unfair trade  practices and                                                                   
          consumer  protection  laws;  and providing  for  an                                                                   
          effective date.                                                                                                       
                                                                                                                                
          HB 378 was reported out of Committee with a "no                                                                       
          recommendation"  and  with  zero  note  #1  by  the                                                                   
          Department  of  Law  and  fiscal  note  #2  by  the                                                                   
         Department of Environmental Conservation.                                                                              
                                                                                                                                
HB 404    An  Act  relating  to   the  Alaska  Commission  on                                                                   
          Postsecondary  Education;  relating  to the  Alaska                                                                   
          Student Loan Corporation;  relating to bonds of the                                                                   
          corporation;  relating to  loan and grant  programs                                                                   
          of  the commission; relating  to an exemption  from                                                                   
          the  State   Procurement  Code  regarding   certain                                                                   
          contracts of the commission  or corporation; making                                                                   
          conforming changes;  and providing for an effective                                                                   
          date.                                                                                                                 
                                                                                                                                
          CS HB 404 (HES) was  reported out of Committee with                                                                   
          "individual recommendations"  and with zero note #1                                                                   
          by the  Department of Administration,  zero note #2                                                                   
          by   the  Department   of   Community  &   Economic                                                                   
          Development,  zero  note #4  by  the Department  of                                                                   
          Labor and Workforce  Development and fiscal note #5                                                                   
          by   the  Department   of   Community  &   Economic                                                                   
          Development.                                                                                                          
                                                                                                                                
HB 495    An Act  relating to the four dam pool  joint action                                                                   
          agency; and providing for an effective date.                                                                          
                                                                                                                                
          CS HB 495 (FIN) was  reported out of Committee with                                                                   
          a  "do pass"  recommendation  and with  a new  zero                                                                   
          note  by the  Department  of Community  &  Economic                                                                   
          Development.                                                                                                          
                                                                                                                                
CS SB 283(FIN)                                                                                                                  
          An  Act  making  an appropriation  to  reverse  the                                                                   
          deposit  of money  available  for appropriation  in                                                                   
          the  general fund at  the end  of fiscal  year 2003                                                                   
          into  the   constitutional  budget   reserve  fund;                                                                   
          making an  appropriation for investment  management                                                                   
          fees  for the constitutional  budget reserve  fund;                                                                   
          making  appropriations under  art. IX, sec.  17(c),                                                                   
          Constitution  of  the  State  of Alaska,  from  the                                                                   
          constitutional  budget reserve fund;  and providing                                                                   
          for an effective date.                                                                                                
                                                                                                                                
          CS  SB 283 (FIN)  was HEARD  and HELD in  Committee                                                                   
          for further consideration.                                                                                            
                                                                                                                                
HOUSE BILL NO. 378                                                                                                            
                                                                                                                                
     An Act relating  to the Alaska Food, Drug,  and Cosmetic                                                                   
     Act,  including  sales,  advertising,  certain  devices,                                                                   
     food donors,  and food banks; making  certain violations                                                                   
     of  organic  food provisions  and  of the  Alaska  Food,                                                                   
     Drug,  and Cosmetic  Act unfair  methods of  competition                                                                   
     and unfair or deceptive acts  or practices under certain                                                                   
     of  the  state's  unfair trade  practices  and  consumer                                                                   
     protection laws; and providing for an effective date.                                                                      
                                                                                                                                
REPRESENTATIVE BILL  WILLIAMS explained that  the legislation                                                                   
was  introduced as  a  result of  complaints  his office  had                                                                   
received regarding food inspections  throughout Alaska.  Last                                                                   
year,  he   noted  that  he   had  requested   Department  of                                                                   
Environmental  Conservation to determine  a plan  and through                                                                   
collaborative effort  between the Department and  his office,                                                                   
HB 378 was created.                                                                                                             
                                                                                                                                
GERALDINE  MCINTOSH,  STAFF,  REPRESENTATIVE  BILL  WILLIAMS,                                                                   
explained  that HB  378 would  amend provisions  in Title  17                                                                   
relating to the powers of the  Commissioner of the Department                                                                   
of Environmental  Conservation  relating to  food offered  or                                                                   
sold to the public.  The bill  would make it possible for the                                                                   
Department  to  require  food-handling  operators  to  become                                                                   
trained,  certified   and  assess  fines.     Both  of  those                                                                   
capacities  are  needed  as  part  of  the  new  food  safety                                                                   
paradigm, Active Managerial Control.   Also, the bill defines                                                                   
labeling or  advertising violations  of the unfair  trade and                                                                   
consumer protection provisions.                                                                                                 
                                                                                                                                
Currently,  AS 17.20.005  allows  the Commissioner  to  issue                                                                   
orders,  regulations,  permits,  embargoes  and  quarantines.                                                                   
That   includes  inspection,   sanitation   standards,   food                                                                   
handling methods and labeling.   Under the proposed bill, the                                                                   
Commissioner  would  have  additional   authority  to  ensure                                                                   
knowledge of  food safety and  sanitation by individuals  who                                                                   
handle  or  prepare  food  for the  public  and  persons  who                                                                   
supervise or employ  those individuals.  The  bill authorizes                                                                   
the Department to impose a civil  fine for a violation of the                                                                   
Alaska Food, Drug and Cosmetic Act.                                                                                             
                                                                                                                                
Ms. McIntosh added that HB 378  clarifies that a violation of                                                                   
provision,  AS 17.20,  or a violation  of the  representation                                                                   
requirement  in  AS  17.06,  as  unfair  or  deceptive  trade                                                                   
practices  under  Alaska  Statutes.   The  legislation  would                                                                   
allow the Attorney  General's office to  investigate labeling                                                                   
violations that are not food safety or sanitation concerns.                                                                     
                                                                                                                                
Representative  Stoltze  inquired  if the  legislation  would                                                                   
supercede  programs that  the  municipalities  could have  in                                                                   
place.                                                                                                                          
                                                                                                                                
KRISTIN  RYAN, DIRECTOR,  DIVISION  OF ENVIRONMENTAL  HEALTH,                                                                   
DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  responded that the                                                                   
Food  Safety  and  Sanitation  program  has  the  ability  to                                                                   
delegate the program to local  municipalities and has done so                                                                   
in  Anchorage.     The   changes  would   not  impact   those                                                                   
municipalities.                                                                                                                 
                                                                                                                                
Representative  Croft asked how  "active managerial  control"                                                                   
would differ  from the current  system.   Ms.  Ryan explained                                                                   
currently,  the State  relies  on inspections  by  government                                                                   
employees to  insure food safety.   The legislation  proposes                                                                   
to transfer  some responsibility  to the managers  and owners                                                                   
of the  retail food establishments.   That would  mean, "more                                                                   
control  in their  hands"  to  insure that  food  is safe  by                                                                   
requiring  that food handlers  and managers  are trained  and                                                                   
certified.   Active  managerial  control  indicates that  the                                                                   
control  is  moving into  the  hands  of the  food  handlers.                                                                   
Inspections  will  continue,   but  the  past  rate  was  not                                                                   
sufficient.   In the highest  facilities, the  Department was                                                                   
able to  send one  inspector a  year, 60% of  the time.   She                                                                   
added that there are approximately  5,000 establishments with                                                                   
only eighteen inspectors.                                                                                                       
                                                                                                                                
Representative  Croft questioned  if "self inspection"  would                                                                   
really  work   when  a  company  is  violating   food  safety                                                                   
regulations.     Ms.  Ryan   stated  that  the   Department's                                                                   
inspections  will not  decrease, however,  in addition,  they                                                                   
will  be  requiring  self-inspections   as  well  as  placing                                                                   
certified operators in each establishment.                                                                                      
                                                                                                                                
Representative   Croft  was  skeptical   that  it   would  be                                                                   
"realistic to  think that a  business would report  their own                                                                   
violations".   Ms.  Ryan  responded that  this  was a  common                                                                   
model  in the  environmental  field  and that  companies  are                                                                   
responsible for insuring themselves.   It is the government's                                                                   
obligation  to  check  to  make   sure  that  information  is                                                                   
accurate.   It may seem  that they would  not want  to report                                                                   
their  own violations,  however,  what it  does is  set up  a                                                                   
mechanism for  them to check  their establishment.   When the                                                                   
reports  are submitted,  if they  are  shown to  be false  or                                                                   
wrong, that establishment would  be charged with breaking the                                                                   
law.                                                                                                                            
                                                                                                                                
Representative  Croft  stated that  it  would  be a  "passive                                                                   
model" on  the part of  the State.   Ms. Ryan countered  that                                                                   
the Department's  obligation would  not be decreasing  but it                                                                   
would be  shared responsibility  with businesses.   She noted                                                                   
that this  is a common problem  throughout the  United States                                                                   
and  that  no  state  has enough  resources  to  do  all  the                                                                   
inspections.   There are 5,000  establishments.   Every state                                                                   
is attempting to  come up with a model to help  address needs                                                                   
and  financial concerns.   In  the past,  the only  enforcing                                                                   
authority was  the inspector's  authority to issue  a "Notice                                                                   
of Violation" or to close the facility.                                                                                         
                                                                                                                                
Representative  Croft inquired the  history of the  number of                                                                   
inspections  over the  past decade.   Ms.  Ryan advised  that                                                                   
number has stayed  steady.  The average of  what an inspector                                                                   
is capable  of has  stayed the same;  however, the  number of                                                                   
inspectors doing the work, over  the years, has been reduced.                                                                   
She pointed out  that last year there was a  reduction of six                                                                   
inspectors.   That current  system does not  work.   Ms. Ryan                                                                   
reiterated that the  number does fluctuate and  usually 40% -                                                                   
60% of  the establishments  are inspected.   The goal  is 80%                                                                   
and it has never been reached.                                                                                                  
                                                                                                                                
Representative  Stoltze  understood  that  the  certification                                                                   
program would  establish guidelines.   Ms. Ryan  acknowledged                                                                   
that was  the intent of the  legislation.  It  will guarantee                                                                   
that  a food  safety worker,  working in  a remote  community                                                                   
will have  the same training as  someone in a community  on a                                                                   
road system.                                                                                                                    
                                                                                                                                
Representative  Croft referenced Sections  2 & 3,  which adds                                                                   
sub paragraph #5,  the aquatic farms.  Ms.  Ryan advised that                                                                   
there  are  changes  in  the bill  that  are  corrections  or                                                                   
additions  to enforcement  statutory  authority and  labeling                                                                   
violations.   The  reference  referred  to by  Representative                                                                   
Croft, outlines  the relationship of who will  be responsible                                                                   
for each section statute.                                                                                                       
                                                                                                                                
Co-Chair  Harris  asked  about  the  $210.0  thousand  dollar                                                                   
operating  fiscal note  submitted by  the Department,  noting                                                                   
the  decline  in  FY06.   Ms.  Ryan  explained  that  relates                                                                   
primarily to the  purchase of the training  and certification                                                                   
on-line equipment  needed.   It would be  a one-time  cost of                                                                   
approximately $70 thousand dollars for the database.                                                                            
                                                                                                                                
Co-Chair  Harris   inquired  how  the  Division   anticipates                                                                   
receiving their receipt  money.  Ms. Ryan indicated  that the                                                                   
Department proposed  charging a $10  dollar fee for  the food                                                                   
handler certification.  The fee  and certification would last                                                                   
for three  years.   It is similar  to a  model used  by other                                                                   
states.  She  stressed that the fee was reasonable  and would                                                                   
help maintain that aspect of the program.                                                                                       
                                                                                                                                
Co-Chair Harris pointed out two  new employees.  He noted the                                                                   
$80 thousand dollars anticipated  in new revenue for FY05 and                                                                   
asked if  it would come from  receipt support services.   Ms.                                                                   
Ryan acknowledged  that at this  time in that  component, the                                                                   
Department does over collect.                                                                                                   
                                                                                                                                
Co-Chair   Harris  asked   if   the  Department   anticipates                                                                   
collecting  $290 thousand  dollars.   Ms. Ryan explained  the                                                                   
fluctuation in revenue sources  resulting from changes in the                                                                   
three-year cycle for  the renewal of the permit  and the slow                                                                   
inception  of  the requirement.    She  noted the  intent  of                                                                   
implanting  the  program slowly.    The Department  does  not                                                                   
anticipate a large number of people  coming forward the first                                                                   
year, as it will  not be required until FY06.   This would be                                                                   
a tri-annual fee.                                                                                                               
                                                                                                                                
Co-Chair Williams  asked if  fees would  be decreasing.   Ms.                                                                   
Ryan responded  that the Department  has proposed  drafting a                                                                   
regulation to decrease permit fees.                                                                                             
                                                                                                                                
Representative Stoltze  requested an example of  violation to                                                                   
the  organic food  provision.   Ms.  Ryan  could not  provide                                                                   
that.   She pointed out that  would be the  responsibility of                                                                   
the Division of Agriculture.   She understood that the impact                                                                   
would    address   misbranding    and   labeling    problems.                                                                   
Representative Stoltze noted that  he did have an interest in                                                                   
the  labeling  for organic  foods  and  asked that  Ms.  Ryan                                                                   
follow-up on that concern.                                                                                                      
                                                                                                                                
ELISE  HSIEH,   (TESTIFIED  VIA  TELECONFERENCE),   ASSISTANT                                                                   
ATTORNEY GENERAL,  DEPARTMENT OF  LAW, ANCHORAGE,  offered to                                                                   
answer questions of the Committee.                                                                                              
                                                                                                                                
Representative Foster  asked if schools in the  bush would be                                                                   
exempt from  the proposed regulation.   Ms. Ryan  stated that                                                                   
they would  not be exempt,  however, the Department  has been                                                                   
working closely to  determine ways to easily  implement it in                                                                   
those areas.                                                                                                                    
                                                                                                                                
Co-Chair Harris asked if the proposed  legislation would be a                                                                   
"burden" to  rural Alaska.   Representative Foster  suggested                                                                   
that  the  costs could  be  absorbed  by a  school  district,                                                                   
however,  he   wondered  how  it  would  affect   workers  in                                                                   
locations  outside the  big cities.    Ms. Ryan  acknowledged                                                                   
that had been a concern for the  Division and that it was not                                                                   
the intent to create a program  that would not work for rural                                                                   
Alaska.    That   is  why  the  Division  is   proposing  the                                                                   
interactive website, as a way  for training and certification                                                                   
to happen.  In communities that  are unable to take the tests                                                                   
in  that way,  there  will be  proctor exams  set  up by  the                                                                   
inspectors  in those locations.   She  reiterated that  it is                                                                   
the Department's  intent to  make the  test as accessible  as                                                                   
possible.                                                                                                                       
                                                                                                                                
Co-Chair   Harris   voiced  concern   with   the   unintended                                                                   
consequences of  passing the legislation.   He noted  that he                                                                   
did  support  the  bill  but asked  to  hear  about  on-going                                                                   
efforts in rural  Alaska.  He did not want  to see violations                                                                   
in those  areas.  Ms. Ryan  acknowledged that was  a priority                                                                   
and that  the Division  wants the system  to be effective  no                                                                   
matter where the person is located in the State.                                                                                
                                                                                                                                
Representative  Foster   MOVED  to  report  HB   378  out  of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HB   378  was   reported  out   of  Committee   with  a   "no                                                                   
recommendation" and  with zero note  #1 by the  Department of                                                                   
Law and  fiscal note  #2 by the  Department of  Environmental                                                                   
Conservation.                                                                                                                   
                                                                                                                                
HOUSE BILL NO. 344                                                                                                            
                                                                                                                                
     An Act relating to annual rental fees for mining                                                                           
     claims, and providing for reduced royalties during the                                                                     
     first three years of production.                                                                                           
                                                                                                                                
REPRESENTATIVE  HUGH  'BUD'  FATE  noted that  the  bill  was                                                                   
designed  to  keep  the  small   Alaska  mining  industry  in                                                                   
business.   Since  1980's, Alaska  has seen  the small  miner                                                                   
disappear  because   of  the   costs  associated   with  that                                                                   
industry.  There  is a 'glitch' in the Alaska  statutes.  The                                                                   
language causes a miner to automatically  lose their claim if                                                                   
the required paperwork was filed a day late.                                                                                    
                                                                                                                                
HB  344  would  "fix"  that  language,  granting  a  deadline                                                                   
extension.  New  language would allow a miner  to keep claims                                                                   
by filing  the paperwork  and paying a  penalty equal  to one                                                                   
years  rent.   He  pointed out  that  Alaska  was founded  on                                                                   
mining  before oil  was important  to  the State's  industry.                                                                   
Small mines have  brought cash to the local  communities.  HB
344 is an important  first step in reviving  an industry that                                                                   
is good for local communities and the State as a whole.                                                                         
                                                                                                                                
JIM POUND, STAFF, REPRESENTATIVE  HUGH 'BUD' FATE, offered to                                                                   
answer questions of the Committee.                                                                                              
                                                                                                                                
BOB  LOEFFLER, DIRECTOR,  MINING,  LAND  AND WATER  DIVISION,                                                                   
DEPARTMENT  OF  NATURAL  RESOURCES, pointed  out  that  often                                                                   
times the miners are late in their  filings.  He commented on                                                                   
circumstances  that  affect  the  miners.   HB  344  provides                                                                   
flexibility  and alternatives.   It  will help  to save  some                                                                   
claims and will help small miners remain viable.                                                                                
                                                                                                                                
Representative  Foster   voiced  his  appreciation   for  the                                                                   
legislation.   He asked  what would happen  if a  miner filed                                                                   
late and  another miner  "staked" that  claim.  Mr.  Loeffler                                                                   
replied that had  been extensively discussed  with the Mining                                                                   
Association.  The bill could rectify  the claim as long as no                                                                   
one had staked intervening rights.   If someone staked in the                                                                   
interim,  the  language  would  not cure  the  problem.    He                                                                   
pointed out  that this is part  of a long tradition  from the                                                                   
1872 mining bill.                                                                                                               
                                                                                                                                
Representative Croft asked the  penalty and if interest would                                                                   
be calculated.  Mr. Loeffler replied  that the miner would be                                                                   
required to pay whatever was owed  and an additional one-year                                                                   
rental.                                                                                                                         
                                                                                                                                
Representative  Croft  inquired if  the  bill had  originally                                                                   
addressed  royalties.  Mr.  Pound responded  that it  did and                                                                   
after calculation,  it  was determined  that would save  only                                                                   
about $20  to $60 dollars so it  was decided not to  be worth                                                                   
the  process.    Representative  Fate  interjected  that  the                                                                   
legislation  started the same  as HB 232,  but that  bill did                                                                   
not "meaningfully help the small miner".                                                                                        
                                                                                                                                
Representative Fate  MOVED to report  CS HB 344 (RES)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  344 (RES)  was reported  out of  Committee with  a "do                                                                   
pass" recommendation  and with  a new  note by Department  of                                                                   
Natural Resources.                                                                                                              
                                                                                                                                
HOUSE BILL NO. 404                                                                                                              
                                                                                                                                
     An   Act   relating   to  the   Alaska   Commission   on                                                                   
     Postsecondary Education;  relating to the Alaska Student                                                                   
     Loan Corporation; relating  to bonds of the corporation;                                                                   
     relating to  loan and grant programs of  the commission;                                                                   
     relating  to an  exemption  from the  State  Procurement                                                                   
     Code regarding  certain contracts  of the commission  or                                                                   
     corporation;  making conforming  changes; and  providing                                                                   
     for an effective date.                                                                                                     
                                                                                                                                
DIANE  BARRANS, EXECUTIVE  DIRECTOR, POSTSECONDARY  EDUCATION                                                                   
COMMISSION,  DEPARTMENT  OF  EDUCATION,  noted that  she  has                                                                   
previously  requested  support for  agency  initiatives.   In                                                                   
2001,  Alaska  Student  Loan   Corporation  (ASLC)  requested                                                                   
approval  to redefine  its  role  in becoming  Alaska's  full                                                                   
service financial aid assistance  and postsecondary education                                                                   
planning agency.  The Legislature  has consistently exhibited                                                                   
bipartisan support for ASLC mission  to promote postsecondary                                                                   
participation and success by Alaskans.                                                                                          
                                                                                                                                
Ms. Barrans  requested support  for the current  legislation,                                                                   
HB 404.  The Commission and Corporation,  having successfully                                                                   
implemented   the  AlaskAdvantage   suite  of  programs   and                                                                   
services for  Alaskans, seeks  support for  the next  step of                                                                   
organizational growth.                                                                                                          
                                                                                                                                
Ms. Barrans outlined the legislation's objectives:                                                                              
                                                                                                                                
   ·    To broaden the scope of the Corporation's bonding                                                                       
        authority to  include  the ability  to  bond for  the                                                                   
        general benefit of the State.                                                                                           
   ·    To contribute to statewide efforts to use assets as                                                                     
        efficiently   as  possible,   the   corporation   has                                                                   
        developed a plan to  return a substantial  portion of                                                                   
        the  capital  originally   given.    The   change  is                                                                   
        requested  to insure  that  the  capacity  to  return                                                                   
        contributed capital  back to  the State; there  would                                                                   
        be a variety of means to do that.                                                                                       
   ·    To provide the Commission with greater flexibility                                                                      
        in offering loan consolidation options  to borrowers.                                                                   
        Current  statutes  limit   the  way  in   which,  the                                                                   
        Commission  can   offer  consolidation  and   certain                                                                   
        customers,   who  have   borrowed   from   both   the                                                                   
        discontinued  loan  program  and  the  AlaskAdvantage                                                                   
        loans, and hence, cannot currently  be served through                                                                   
        consolidation.                                                                                                          
   ·    At the recommendation of the Department of Law, the                                                                     
        bill  will  clarify   the  Commission's   ability  to                                                                   
        administratively  issue liens  in  the collection  of                                                                   
        defaulted  education  loans  and  set   out  the  due                                                                   
        process  for   appealing  such   an  action   by  the                                                                   
        Commission.                                                                                                             
   ·    To provide an exemption from the State Procurement                                                                      
        Code for  certain  services related  to  guaranteeing                                                                   
        and disbursing  education loans.   Under the  current                                                                   
        business  structure for  education  loans,  a  lender                                                                   
        must  be  prepared  to  conduct   business  with  the                                                                   
        guarantors and  disbursing  agents  preferred by  the                                                                   
        schools participating in the loan programs.                                                                             
                                                                                                                                
Ms.  Barrans   commented  on  the  corporation's   activities                                                                   
leading up  to developing the  "Return of Capital" plan.   In                                                                   
2001, the corporation  managers and financial  advisors began                                                                   
planning  to modify  the education  loan programs'  financing                                                                   
structure.  In order to do so,  they identified assets within                                                                   
the original master trust indenture.   Because of substantial                                                                   
improvement   in   portfolio   performance  that   could   be                                                                   
identified as excess  above the asset to debt  coverage level                                                                   
required by the terms of the 1988 master indenture.                                                                             
                                                                                                                                
In  2002,   in  tandem   with  the   implementation   of  the                                                                   
AlaskAdvantage  Programs,  a  new master  trust  was  created                                                                   
using the  cash and assets  transferred from the  1988 Trust.                                                                   
Out of  the 2002 Trust,  the Alaska Student Loan  Corporation                                                                   
(ASLC) has noted intent to continue  the issuance of bonds to                                                                   
finance  core  programs.    The Return  of  Capital  plan  is                                                                   
designed  to continue  capturing the "excess"  from the  1988                                                                   
Trust, without waiting until 2018  when the final outstanding                                                                   
bonds are paid off.                                                                                                             
                                                                                                                                
Representative  Stoltze  asked  about  the  procurement  code                                                                   
model.   Ms. Barrans explained  that the exemption  requested                                                                   
by the  Commission, would  allow doing  business with  school                                                                   
business partners.  In order to  follow the State procurement                                                                   
code with  the dispersing  agent, they  would go through  the                                                                   
RFP process.   It might be disadvantageous to  continue using                                                                   
"paper  checks" with  an agent  who  won the  contract.   She                                                                   
stated that  in respect to the  guarantee agency, no  cost is                                                                   
paid out  of hand.  Under  the federal education  loan model,                                                                   
receipt  of income  on  the loan  volume  provides a  federal                                                                   
government guarantee.  That business  relationship would be a                                                                   
"poor fit"  for the procurement  code and the  services would                                                                   
be used but not paid for.                                                                                                       
                                                                                                                                
Co-Chair  Harris  commented  on the  federal  receipt  fiscal                                                                   
note.  Ms.  Barrans clarified that was correct  for operating                                                                   
funds, however, there  is a capital fund amount  requested to                                                                   
purchase the software to administer  the State grant program.                                                                   
                                                                                                                                
Vice  Chair Meyer  noted concern  with  $85 thousand  dollars                                                                   
being  spent  on software.    Ms.  Barrans pointed  out  that                                                                   
number was approximately  $15 thousand dollars  less than the                                                                   
Corporation  has been able  to find.   She stressed  that the                                                                   
type of database  that is being developed for  State agencies                                                                   
to  administer grant  programs  is very  expensive to  build.                                                                   
Discussion followed between Ms.  Barrans and Vice Chair Meyer                                                                   
regarding the  software capabilities of that  program and the                                                                   
complexities of the process.                                                                                                    
                                                                                                                                
Representative Foster MOVED to  report CS HB 404 (HES) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
fiscal notes.  There being NO OBJECTION, it was so ordered.                                                                     
                                                                                                                                
CS  HB  404   (HES)  was  reported  out  of   Committee  with                                                                   
"individual  recommendations" and  with zero  note #1  by the                                                                   
Department of Administration,  zero note #2 by the Department                                                                   
of  Community &  Economic Development,  zero note  #4 by  the                                                                   
Department  of Labor  and  Workforce Development  and  fiscal                                                                   
note  #5   by  the   Department  of   Community  &   Economic                                                                   
Development.                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 495                                                                                                            
                                                                                                                                
     An Act relating to the four dam pool joint action                                                                          
     agency; and providing for an effective date.                                                                               
                                                                                                                                
Co-Chair  Harris  MOVED  to adopt  work  draft  version  #23-                                                                   
LS168\H, Craver,  3/2/02, as the  version of the  legislation                                                                   
before  the Committee.    There being  NO  OBJECTION, it  was                                                                   
adopted.                                                                                                                        
                                                                                                                                
PETE  ECKLUND, STAFF,  REPRESENTATIVE  BILL WILLIAMS,  stated                                                                   
that the  main purpose  of HB  495 is to  allow the  Four Dam                                                                   
Pool Power Agency (FDPPA), the  first agency formed under the                                                                   
statute  allowing  the  joint   action  agencies  (JAA's)  to                                                                   
refinance  approximately a  $73 million  dollar loan  owed to                                                                   
the  Alaska  Industrial  Development   and  Export  Authority                                                                   
(AIDEA).                                                                                                                        
                                                                                                                                
Mr. Ecklund  stated that  HB 495  would clarify existing  JAA                                                                   
statute to explicitly defined  that joint action agencies are                                                                   
political  subdivisions  of  the  State for  the  purpose  of                                                                   
securities law.   That  action is necessary  if the  Four Dam                                                                   
Pool Power Agency  (FDPPA) is to avoid certain  expensive and                                                                   
damaging   hurdles  having   to  do   with  registration   of                                                                   
securities under  bond sale  circumstances.  The  legislation                                                                   
also allows the agency to mortgage  the Four Dam Pool assets.                                                                   
The assets are presently mortgaged to AIDEA.                                                                                    
                                                                                                                                
The   legislation    re-states   the   important    principal                                                                   
established by the Legislature  that the Four Dam Pool assets                                                                   
might  not be  sold  to a  party  outside the  FDPPA  without                                                                   
legislative approval.   It does  clarify that  mortgaging the                                                                   
assets or  a foreclosure, under  the terms of  that mortgage,                                                                   
would not constitute a sale under  the restriction, providing                                                                   
that certain requirements are met.                                                                                              
                                                                                                                                
                                                                                                                                
TAPE HFC 04 - 38, Side B                                                                                                      
                                                                                                                                
                                                                                                                                
Mr. Ecklund pointed out that when  the refinancing occurs and                                                                   
the  AIDEA loan  is retired,  the  State and  consumers in  a                                                                   
large part of Alaska would benefit by:                                                                                          
                                                                                                                                
     ·    Allowing the FDPPA to return approximately $73                                                                        
          million dollars to AIDEA for other uses; and                                                                          
     ·    Helping consumers of Four Dam Pool power by                                                                           
          lowering interest rates and administrative costs                                                                      
          associated with the acquisition.                                                                                      
                                                                                                                                
Co-Chair  Harris asked  if the  legislation  would allow  JAA                                                                   
bonding agency  to go out and  get financing or bonding  at a                                                                   
lower  rate  than  they are  currently  getting  from  AIDEA,                                                                   
making them "out from under the  State's ownership umbrella".                                                                   
He thought that  savings could be passed on  to the consumer.                                                                   
Mr. Ecklund agreed.   The purpose is to allow  refinancing at                                                                   
a lower rate.  They, currently, are paying AIDEA, 6.5%.                                                                         
                                                                                                                                
Co-Chair Harris inquired what the "downside" could be.                                                                          
                                                                                                                                
TOM  LOUVAS, CHIEF  EXEUCTIVE  OFFICER, FOUR  DAM POOL  JOINT                                                                   
ACTION AGENCY (JAA), ANCHORAGE,  explained that the intent is                                                                   
to be  able to go  into the open  market, issue  a tax-exempt                                                                   
debt and pay off  or refinance the existing AIDEA  loan.  The                                                                   
proceeds  would be  a cash infusion  to the  State of  Alaska                                                                   
through AIDEA  and would allow  a lower debt service  rate on                                                                   
an  annualized basis.   Estimates  range upwards  from $1  to                                                                   
$1.5 million dollars  per year in revenue requirements.   The                                                                   
reduction in debt service costs  would flow to the benefit of                                                                   
the ratepayers,  jointly participating  in the Four  Dam Pool                                                                   
Power Agency.                                                                                                                   
                                                                                                                                
Mr. Louvas listed points for refinancing:                                                                                       
                                                                                                                                
     ·    Reducing annual debt service costs for owning and                                                                     
          operating the units;                                                                                                  
     ·    Removing certain operating restrictions that the                                                                      
          Agency faces; and                                                                                                     
     ·    Providing more financial flexibility into the                                                                         
          future.                                                                                                               
                                                                                                                                
Mr. Louvas noted that the intent  of the Board indicates that                                                                   
the  lower interest  rate could  be passed  on to  ratepayers                                                                   
after the adjustment.                                                                                                           
                                                                                                                                
Co-Chair Harris asked  if an agreement had been  reached from                                                                   
all four utilities.  Mr. Louvas  stated that the participants                                                                   
in the power  agency are the cooperatives of  Kodiak Electric                                                                   
Association,  Copper Valley  Electric  Association and  three                                                                   
municipalities,  Ketchikan,  Wrangell  and Petersburg.    The                                                                   
Board of Directors  has been informed of the  proposed action                                                                   
and they "strongly" support it.                                                                                                 
                                                                                                                                
Vice Chair Meyer  noted that the current rate  with AIDEA was                                                                   
6.85%.   Mr. Louvas reported that  they think they can  get a                                                                   
4.8% - 4.9%  rate for an  insured issuance, which would  be a                                                                   
significant  interest  reduction  during a  twenty-five  year                                                                   
borrow.  Mr.  Louvas understood from information  provided by                                                                   
AIDEA that  there had been  a recent AIDEA  issue at 5%.   He                                                                   
emphasized that time is of the  essence when dealing with the                                                                   
interest market.                                                                                                                
                                                                                                                                
Vice Chair  Meyer inquired  if they  could refinance  through                                                                   
AIDEA.                                                                                                                          
                                                                                                                                
BOB LERESCHE,  FINANCIAL ADVISOR, FOUR DAM POOL  JOINT ACTION                                                                   
AGENCY,  JUNEAU, noted  that the  agency had  asked AIDEA  if                                                                   
they  could  refinance  and  AIDEA   was  not  willing.    An                                                                   
additional reason  for going outside  AIDEA is that  it would                                                                   
allow moving  outside present restrictions  of the loan.   He                                                                   
emphasized  that they  are "properly"  strict.  Mr.  LeResche                                                                   
pointed out that it represents  an actual financial cost.  At                                                                   
present time, there is $30 million  dollars in reserved funds                                                                   
invested in  securities earning 2%,  while at the  same time,                                                                   
paying 6.5% on that to AIDEA.   That amount adds up to $1.2 -                                                                   
$1.4 million dollars per year for those restrictions.                                                                           
                                                                                                                                
Vice Chair Meyer understood that  this was one of the "better                                                                   
loans that  AIDEA had  made" and he  thought that  they would                                                                   
regret loosing it.                                                                                                              
                                                                                                                                
Representative Fate  noted that AIDEA distributes  a dividend                                                                   
that involves Power Cost Equalization  (PCE) funds with about                                                                   
$3  million  dollars accruing  in  interest  off of  the  $73                                                                   
million  dollars.   He asked  what  would happen  if the  $73                                                                   
million dollars  went to  AIDEA and was  not directed  to the                                                                   
full benefit of PCE.                                                                                                            
                                                                                                                                
RON  MILLER,   (TESTIFIED   VIA  TELECONFERENCE),   EXECUTIVE                                                                   
DIRECTOR,   ALASKA   INDUSTRIAL    DEVELOPMENT   AND   EXPORT                                                                   
AUTHORITY,  (AIDEA),  ANCHORAGE,  introduced  Ms.  Goade  and                                                                   
requested that she answer questions of the Committee.                                                                           
                                                                                                                                
SARAH  FISHER-GOADE, (TESTIFIED  VIA TELECONFERENCE),  ALASKA                                                                   
ENERGY AUTHORITY  (AEA) &  ALASKA INDUSTRIAL DEVELOPMENT  AND                                                                   
EXPORT  AUTHORITY (AIDEA),  ANCHORAGE,  noted  that there  is                                                                   
confusion  regarding the  relationship between  the Four  Dam                                                                   
Pool  and  the  PCE  program.   Proceeds  of  the  sale  were                                                                   
deposited  into the PCE  endowment; there  was no  additional                                                                   
anticipation that extra funds  would go to the PCE endowment.                                                                   
                                                                                                                                
Representative Fate  asked if there would be  no more accrual                                                                   
and if then, the endowment would  "dry up".  Ms. Fisher-Goade                                                                   
explained that the  Four Dam Pool was an asset  of AEA.  When                                                                   
the project was  sold, the proceeds then went  to another AEA                                                                   
program through  the PCE endowment.   That loan  was financed                                                                   
through AIDEA.   If there  were a pay-off  of the  loan, that                                                                   
would   become  AIDEA   funds.    There   is  no   additional                                                                   
relationship to the PCE program at this point.                                                                                  
                                                                                                                                
Co-Chair Harris noted that when  the Four Dam Pools were sold                                                                   
to  the utilities,  some  of that  money  went  into the  PCE                                                                   
endowment fund.   The State uses a portion  of those earnings                                                                   
to fund  PCE, subsidized  with general funds  to make  up the                                                                   
roughly $15 million  dollar expenditure.  The  money spent on                                                                   
PCE comes from two sources, earning  of the PCE endowment and                                                                   
the general  fund.   The intent  was for the  PCE fund  to be                                                                   
large enough to  fund PCE.  He advised that has  not yet been                                                                   
the case  and that  it is usually  subsidized each  year with                                                                   
general funds.                                                                                                                  
                                                                                                                                
BRIAN  BJORKQUIST, (TESTIFIED  VIA TELECONFERENCE),  ASSITANT                                                                   
ATTORNEY GENERAL,  DEPARTMENT OF  LAW, ANCHORAGE,  offered to                                                                   
answer questions of the Committee.                                                                                              
                                                                                                                                
ERIC   YOULD,  (TESTIFIED   VIA  TELECONFERENCE),   EXECUTIVE                                                                   
DIRECTOR,  ALASKA POWER ASSOCIATION  (APA), REPRESENTING  THE                                                                   
ELECTRIC UTILITY INDUSTRY IN THE  STATE OF ALASKA, ANCHORAGE,                                                                   
spoke  in  strong support  of  HB  495.  He stated  that  the                                                                   
legislation  would help to  lower rates  to the consumers  of                                                                   
the  Four Dam  Pool.   He  clarified  that  any financing  or                                                                   
easing of  debt of  the Four  Dam Pool  agency would  have no                                                                   
impact on the Power Cost Equalization  Program.  The proceeds                                                                   
from the sale of  the Four Dam Pool have already  gone into a                                                                   
trust fund for  PCE along with $100 million  dollars from the                                                                   
Constitutional  Budget Reserve  (CBR)  distributed two  years                                                                   
ago.   The combination  of those  two make  up a trust  fund,                                                                   
which added with  some general funds, comprise  roughly $15.7                                                                   
million dollars  for Power Cost Equalization.   He reiterated                                                                   
that APA strongly supports the proposed bill.                                                                                   
                                                                                                                                
Representative Foster MOVED to  report CS HB 495 (FIN) out of                                                                   
Committee  with   individual  recommendations   and  attached                                                                   
fiscal note.                                                                                                                    
                                                                                                                                
Representative  Croft OBJECTED for  a comment.   He indicated                                                                   
that of all the bills addressing  the Four Dam Pool, this one                                                                   
is  the  best   one.    Representative  Croft   WITHDREW  his                                                                   
OBJECTION, and the bill moved from Committee.                                                                                   
                                                                                                                                
CS HB  495 (FIN)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendation  and  with  a  new  zero  note  by  the                                                                   
Department of Community & Economic Development.                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 283(FIN)                                                                                               
                                                                                                                                
     An Act  making an appropriation  to reverse  the deposit                                                                   
     of  money available  for  appropriation  in the  general                                                                   
     fund  at   the  end  of   fiscal  year  2003   into  the                                                                   
     constitutional   budget    reserve   fund;   making   an                                                                   
     appropriation  for investment  management  fees for  the                                                                   
     constitutional     budget    reserve    fund;     making                                                                   
     appropriations  under art. IX, sec.  17(c), Constitution                                                                   
     of the State  of Alaska, from the  constitutional budget                                                                   
     reserve fund; and providing for an effective date.                                                                         
                                                                                                                                
                                                                                                                                
Co-Chair  Williams  moved  Amendment  #1.   (Copy  on  File).                                                                   
Representative Croft OBJECTED for purpose of discussion.                                                                        
                                                                                                                                
                                                                                                                                
At Ease:            3:01 p.m.                                                                                                 
Reconvened:         3:04 p.m.                                                                                                 
                                                                                                                                
                                                                                                                                
Representative  Croft stated that  there was interest  in the                                                                   
Minority Caucasus to give some  Constitutional Budget Reserve                                                                   
(CBR)  money directly  to  the  Alaska Natural  Gas  Pipeline                                                                   
Development Authority  (ANGDA).  He warned against  CBR money                                                                   
going directly to the Department  of Revenue for ANGDA needs.                                                                   
He stressed  that option is  not something that  the Minority                                                                   
is interested in doing.  Representative  Croft warned passing                                                                   
the request would endanger entire sweep bill.                                                                                   
                                                                                                                                
Co-Chair Harris agreed with Representative  Croft's statement                                                                   
and requested to  hear from the Department of  Revenue, Steve                                                                   
Porter.                                                                                                                         
                                                                                                                                
STEVE  PORTER, DEPUTY  COMMISSIONER,  DEPARTMENT OF  REVENUE,                                                                   
commented that  the requested dollars would keep  the project                                                                   
moving  forward.   He spoke to  the contracts  for ANGDA  for                                                                   
research  in  the  amount  of  $426  thousand  dollars.    He                                                                   
addressed  the socio-impact  study  beneficial  to the  ANGDA                                                                   
project  for  understanding the  impacts  to  municipalities.                                                                   
Mr.  Porter commented  on the  reasons  for the  money to  go                                                                   
through the  Department of Revenue  resulting from  a funding                                                                   
conflict.   The  expenses directly  related to  reimbursement                                                                   
between  Conoco Phillips,  British Petroleum  (BP) and  EXXON                                                                   
and  their  applications  to   the  State  are  reimbursable.                                                                   
Anything   spent  on   responding   to   an  application   by                                                                   
contractors  can be  reimbursed  to  do that.    There is  an                                                                   
overlap  for   all  those  concerns.     The   Department  is                                                                   
attempting  to determine how  to allocate  the money  for the                                                                   
contracts between the parties.   He added that the Department                                                                   
is  trying to  address  issues  relating to  feasibility  and                                                                   
stated  that they  would like  to  use the  analysis and  the                                                                   
questions that  arise from it  to do the research  and assess                                                                   
the risk.                                                                                                                       
                                                                                                                                
Co-Chair  Harris asked  how much  money would  ANGDA need  to                                                                   
accomplish the  items mentioned.   Mr. Porter  responded that                                                                   
there are about  $750 thousand dollars worth  of contracts at                                                                   
this time and with additional needed funding.                                                                                   
                                                                                                                                
Co-Chair Harris pointed  out that if Amendment  #1 passed the                                                                   
House   Finance   Committee   and  the   House   Floor,   for                                                                   
implementation, there  would need to  be a ¾ vote.   He noted                                                                   
that there  would  be a good  chance that  the reverse  sweep                                                                   
would not  be adopted.  He  questioned if it would  be better                                                                   
to adopt the reverse sweep clean or accept the amendment.                                                                       
                                                                                                                                
Mr. Porter  responded that if  the addition of  the amendment                                                                   
does not  pass in the sweep  bill, the Department  of Revenue                                                                   
would  go back to  $3 million  dollar request,  which is  the                                                                   
preferred  amount.   He mentioned  on the  Stranded Gas  Act,                                                                   
requesting  that it  move  forward.   He  concluded that  the                                                                   
Department would be  willing to defer to the  judgment of the                                                                   
Legislature on timing.                                                                                                          
                                                                                                                                
Co-Chair  Harris  inquired  how important  was  the  reversed                                                                   
sweep bill  to the Department.   Mr. Porter stated  that they                                                                   
do  not want  to stop  the  reverse sweep  bill  and if  they                                                                   
cannot get  the ¾  majority, the  Legislature should  not put                                                                   
the attachment on the bill.                                                                                                     
                                                                                                                                
Co-Chair Harris MOVED that the  bill be HELD in Committee for                                                                   
further deliberation.                                                                                                           
                                                                                                                                
                                                  th                                                                            
Vice Chair  Meyer  asked if there  was a  March 12   deadline                                                                   
with the  Mid America paperwork.   Mr. Porter  responded that                                                                   
there is an  impact statement needed that would  not be ready                                                                   
            th,                                                                                                                 
for March 12 meeting as the contract is not yet available.                                                                      
                                                                                                                                
Vice Chair  Meyer asked  if the  Supplemental budget  was the                                                                   
"other vehicle"  referenced.   Mr. Porter  did not  think so,                                                                   
pointing  out that  there are  a couple of  other bills  that                                                                   
could be vehicles for the authority.                                                                                            
                                                                                                                                
Representative  Hawker asked  if the  Department had  been in                                                                   
discussion with  the Alaska Natural Gas  Pipeline Development                                                                   
Authority Board regarding the  structuring of the money.  Mr.                                                                   
Porter responded  that there was  a thorough discussion  with                                                                   
the Board and they passed a resolution  in favor of providing                                                                   
$3 million dollars for support of ANGDA and Stranded Gas.                                                                       
                                                                                                                                
Representative  Hawker questioned  if  that meeting  involved                                                                   
both public and executive sessions.   Mr. Porter acknowledged                                                                   
that and noted it resulted in a unanimous resolution.                                                                           
                                                                                                                                
Representative  Hawker admitted that  he had heard  different                                                                   
interpretations  of those  sessions  and that  they had  been                                                                   
"spirited" and  "cohesive".  Representative Hawker  asked how                                                                   
Mr. Porter would characterize what lead to the resolution.                                                                      
                                                                                                                                
Representative  Croft  interrupted,  requesting  a  Point  of                                                                   
Order.   He  asked if  Representative Hawker  was asking  for                                                                   
information  of  what had  been  said in  Executive  Session.                                                                   
Representative   Hawker  asked   to  qualify  his   question,                                                                   
recognizing  that  some of  the  sessions were  in  Executive                                                                   
Session and others  were in the public domain.   He asked how                                                                   
the nature of those discussions  could be characterized.  Mr.                                                                   
Porter  responded  that the  board  members  are a  group  of                                                                   
strong-minded  individuals   and  in  the   public  sessions,                                                                   
concerns had been openly discussed.                                                                                             
                                                                                                                                
Representative  Hawker  asked if  it  was true  that  funding                                                                   
through the Department  of Revenue was not the  Board's first                                                                   
choice.  Mr. Porter explained  that before the best course of                                                                   
action was defined that could  have been true.  Understanding                                                                   
how the  finances are, the proposed  idea is the  best course                                                                   
of action.                                                                                                                      
                                                                                                                                
Representative Hawker thought  that the best course of action                                                                   
would be  direct funding rather  than through  the Department                                                                   
of Revenue.  He asked what the  Department did that persuaded                                                                   
the  Board that  funding through  the  Department of  Revenue                                                                   
would be the best course of action.   Mr. Porter replied that                                                                   
the  Board  saw  that maximum  value  would  be  received  by                                                                   
administering through the Department of Revenue.                                                                                
                                                                                                                                
Representative  Hawker   understood  that   the  relationship                                                                   
between ANGDA  and the Department  of Revenue was  not always                                                                   
easy,  but  that  they  were attempting  to  work  out  their                                                                   
differences.   Mr. Porter stated from the  Department's point                                                                   
of view, they  have always been interested in  supporting the                                                                   
viability of that project.                                                                                                      
                                                                                                                                
Representative Hawker asked if  the ANGDA Board has reason to                                                                   
fear  that  if  the  money  were   appropriated  through  the                                                                   
Department of Revenue, would they  then be able to access the                                                                   
funds  needed to do  the work  that they  need to  accomplish                                                                   
                        th                                                                                                      
between now  and June 30.    He asked will there  be adequate                                                                   
resources for  the Board.   Mr. Porter  replied that  they do                                                                   
have reason  to "fear",  as $1.6 million  dollars may  not be                                                                   
sufficient.                                                                                                                     
                                                                                                                                
Representative Hawker asked if  the Department had $3 million                                                                   
dollars,  would they  be able  to assure  the Board  adequate                                                                   
resources.    Mr.  Porter  responded  that  with  $3  million                                                                   
dollars,  the  Department  believes   that  they  could  have                                                                   
adequate resources  through the end  of the year  with enough                                                                   
to ask  the necessary  questions for  contracts to  provide a                                                                   
viable determination.                                                                                                           
                                                                                                                                
Representative  Hawker expressed  "grave  concerns" with  the                                                                   
answers being  provided by  the Department  of Revenue.   Mr.                                                                   
Porter commented that was a "different  concern" from the one                                                                   
originally  presented.   He did  not  see this  as an  issue.                                                                   
Each project would  either fund and benefit  ANGDA or benefit                                                                   
the  industry.   He  suggested  that he  was  being asked  to                                                                   
choose  between  ANGDA  and  oil,   claiming  that  the  real                                                                   
question  is how to  distribute  the cash.   If the  industry                                                                   
receives a proportionate share,  there would then be value to                                                                   
everyone.                                                                                                                       
                                                                                                                                
Representative Croft  asked if Mr.  Porter had ever  told the                                                                   
ANGDA Board  that the only way  to get significant  money was                                                                   
to support  the $3  million dollar request.   Mr.  Porter did                                                                   
not remember stating that.                                                                                                      
                                                                                                                                
Representative   Croft  pointed  out   that  the   Board  was                                                                   
historically an independent agency  and that the tendency has                                                                   
been to make  that Board more dependant and  wrapped into the                                                                   
Department  of Revenue.    The funding  for  stranded gas  is                                                                   
okay.    Representative  Croft  stated that  there  are  many                                                                   
appropriate  uses for $2  million dollars  but the  fact that                                                                   
Mr. Porter may  need $2 million for the Stranded  Gas Project                                                                   
negotiations  is  very  interesting.    Representative  Croft                                                                   
noted  that  the   Minority  was  interested   in  having  an                                                                   
independent  look at  those issues.   If  it is  going to  be                                                                   
"dependant", then that is not  something that the Minority is                                                                   
willing to spend  on.  He warned that the  proposed amendment                                                                   
"threatens" the reversed sweep legislation.                                                                                     
                                                                                                                                
Mr. Porter countered that the  actual patrol of the Board has                                                                   
not changed  moving  it to the  Department  of Revenue.   The                                                                   
move could  change the Board's  ability to spend  on stranded                                                                   
gas versus ANGDA  and the ability to manage the  way in which                                                                   
the systems  are billed  out.   The actual  control over  the                                                                   
ANGDA Board  has not changed.   He added  that Board  is very                                                                   
important to the State and they  need to get to a place where                                                                   
the public can believe that they are strong and viable.                                                                         
                                                                                                                                
Co-Chair Williams commented that  the Committee has addressed                                                                   
what the Board wants by passing the proposed amendment.                                                                         
                                                                                                                                
Vice Chair  Meyer noted that the  Senate had passed  the bill                                                                   
without  the amendment.    He asked  if  discussion had  been                                                                   
presented on the  Senate side regarding the idea.   He voiced                                                                   
his concern with continual delays in passage of the bill.                                                                       
                                                                                                                                
Co-Chair  Williams  indicated that  he  had  spoken with  the                                                                   
Senate leadership  and that they indicated that  they did not                                                                   
have a problem with the language of the amendment.                                                                              
                                                                                                                                
Co-Chair Harris  pointed out  that the  bill passed  from the                                                                   
Senate side  was a "clean bill".   The Minority  has strictly                                                                   
indicated interest  only for ANGDA  and nothing else.   Since                                                                   
that occurred,  there has been many conversations.   Co-Chair                                                                   
Harris did  not believe  that there was  ¾ vote available  on                                                                   
the Senate  side to support  the amendment.   Co-Chair Harris                                                                   
stressed that time  is of the essence.  He  commented that he                                                                   
would like to see that the bill kept clean.                                                                                     
                                                                                                                                
                                                                                                                                
TAPE HFC 04 - 39, Side A                                                                                                      
                                                                                                                                
                                                                                                                                
(Tape Malfunction)                                                                                                              
                                                                                                                                
Vice Chair Meyer  suggested that perhaps the  amendment could                                                                   
be passed through the supplemental.                                                                                             
                                                                                                                                
Co-Chair  Williams  commented   that  the  bill  had  sat  in                                                                   
Committee  for three weeks  and that  no amendments  had been                                                                   
brought forward.   Co-Chair  Williams noted  that it  was not                                                                   
his intent to move the bill from Committee at this time.                                                                        
                                                                                                                                
CS SB 283 (FIN) was HELD in Committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:37 P.M.                                                                                          

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