Legislature(2005 - 2006)HOUSE FINANCE 519

04/18/2006 10:00 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= HB 304 COMMERCIAL FISHING LOAN PROGRAM
<Bill Hearing Postponed>
+ HB 426 MEDICAL ASSISTANCE FOR PERSONS UNDER 21 TELECONFERENCED
Moved CSHB 426(FIN) Out of Committee
+ HB 496 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS TELECONFERENCED
Heard & Held
*+ HB 500 BONDING AUTHORITY FOR HATCHER PASS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                            log                                                                                                 
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 18, 2006                                                                                            
                        10:16 A.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer  called the  House Finance  Committee meeting                                                                    
to order at 10:16:09 AM.                                                                                                      
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Richard Foster                                                                                                   
Representative Jim Holm                                                                                                         
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Carl Moses                                                                                                       
Representative Bruce Weyhrauch                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Hawker                                                                                                      
Representative Beth Kerttula                                                                                                    
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative   John   Coghill;   Rynnieva   Moss,   Staff,                                                                    
Representative  John   Coghill;  Kevin   Henderson,  Medical                                                                    
Assistance  Administrator,  Division of  Public  Assistance,                                                                    
Department of  Health & Social Services;  Elinor Fitzgerald,                                                                    
Division  of  Public  Assistance,  Department  of  Health  &                                                                    
Social  Services;  Duane   Peeples,  Director,  Division  of                                                                    
Health  Care  Services,  Department  of  Health  and  Social                                                                    
Services;   Stacy   Kraly,   Assistant   Attorney   General,                                                                    
Department  of  Law;  John Duffy,  Borough  Manager,  Mat-Su                                                                    
Borough; Jim McMillan, Deputy Director  of Credit & Business                                                                    
Development,  Alaska   Industrial  Development   and  Export                                                                    
Authority, (AIDEA), Department  of Revenue, Anchorage; David                                                                    
Germer,   Project   Manager,   Hatcher  Pass   Project,   JL                                                                    
Properties;   Sharon   Barton,  Director,   Permanent   Fund                                                                    
Division,  Department of  Revenue;  Janet Clarke,  Assistant                                                                    
Commissioner, Division  of Finance and  Management Services,                                                                    
Department  of  Health  and Social  Services;  Louie  Flora,                                                                    
Staff, Representative Paul Seaton;                                                                                              
Diane Kaplan, Rasmuson Foundation                                                                                               
                                                                                                                                
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Jim Davis, Northern Justice Project, Anchorage                                                                                  
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 426    An Act relating  to medical assistance eligibility                                                                    
          and  coverage for  persons less  than 21  years of                                                                    
          age.                                                                                                                  
                                                                                                                                
          CS  HB 426  (FIN)  was reported  out of  Committee                                                                    
          with  "individual" recommendations  and with  zero                                                                    
          note  #1 by  the Department  of Health  and Social                                                                    
          Services and fiscal  notes #2, #3, #4 &  #5 by the                                                                    
          Department of Health and Social Services.                                                                             
                                                                                                                                
HB 496    An  Act relating  to contributions  from permanent                                                                    
          fund    dividends     to    certain    educational                                                                    
          organizations    and    to   certain    charitable                                                                    
          organizations  that   provide  a   positive  youth                                                                    
          development  program,  workforce development,  aid                                                                    
          to the arts,  or aid and services  to the elderly,                                                                    
          low-income  individuals, individuals  in emergency                                                                    
          situations,  disabled individuals,  or individuals                                                                    
          with   mental  illness;   and  providing   for  an                                                                    
          effective date.                                                                                                       
                                                                                                                                
          HB  496  was  HEARD  and  HELD  in  Committee  for                                                                    
          further consideration.                                                                                                
                                                                                                                                
HB 500    An  Act amending  the  principal  amount of  bonds                                                                    
          that  may  be  issued  by  the  Alaska  Industrial                                                                    
          Development and  Export Authority for  the purpose                                                                    
          of financing the development of Hatcher Pass.                                                                         
                                                                                                                                
          HB  500 was  reported out  of Committee  with "no"                                                                    
          recommendation  and with  a new  zero note  by the                                                                    
          Department  of  Commerce,   Community  &  Economic                                                                    
          Development.                                                                                                          
                                                                                                                                
10:17:08 AM                                                                                                                   
                                                                                                                                
HOUSE BILL NO. 426                                                                                                            
                                                                                                                                
     An Act relating to medical assistance eligibility and                                                                      
     coverage for persons under 21 years of age.                                                                                
                                                                                                                                
REPRESENTATIVE JOHN  COGHILL, SPONSOR, stated that  in times                                                                    
when federal  dollars are diminishing, the  Legislature will                                                                    
have  to review  policies for  providing for  public health.                                                                    
To  better   provide  medical   assistance  to   the  needy,                                                                    
eligibility requirements need to be changed.                                                                                    
                                                                                                                                
                                                    rd                                                                          
HB 426  puts best practices  to use  by increasing 3   party                                                                    
reimbursement, reducing Medicaid abuse  and fraud.  The bill                                                                    
requires that  a person applying for  medical assistance for                                                                    
a minor  be the parent or  legal guardian.  If  the child is                                                                    
in State  custody, an employee  of the Department  can apply                                                                    
for the coverage.  The  House HESS Committee placed a waiver                                                                    
for unemancipated children, in the bill.                                                                                        
                                                                                                                                
Representative  Coghill  observed  that  at  this  time,  an                                                                    
unmarried father's  income and resources are  not considered                                                                    
when  determining  eligibility  of   a  pregnant  woman  for                                                                    
Medicaid.    The   committee  substitute  eliminates  income                                                                    
guidelines  for   the  unmarried  fathers;  his   office  is                                                                    
exploring ways  to make  the father  financially responsible                                                                    
for medical  costs.   The bill also  repeals a  statute that                                                                    
                                                           rd                                                                   
allowed the  Department to  waive subjugation  rights to  3                                                                     
party  reimbursements  in  cases  of undue  hardship.    The                                                                    
                                                    rd                                                                          
Department  will  not  require  pursuit  of   all  3   party                                                                    
reimbursement.                                                                                                                  
                                                                                                                                
Representative Coghill  advised that  Section 8 of  the bill                                                                    
addresses  a  lawsuit filed  against  the  State that  would                                                                    
require  the determination  of a  medical  condition of  the                                                                    
client  on  the  Medicaid waiver  be  "materially  improved"                                                                    
before removing  the client  from the  waiver.   The section                                                                    
also adds that requirement to the Alaska Statute.                                                                               
                                                                                                                                
HB 426 directs  the Department to report back  no later than                                                                    
                          th                                                                                                    
the  first day  of  the 25   Legislature  regarding ways  to                                                                    
reduce   medical   assistance  expenditures   for   services                                                                    
received  in residential  psychiatric  treatment centers  by                                                                    
enhancing    parental    financial   responsibilities    and                                                                    
            rd                                                                                                                  
maximizing 3 party resources available.                                                                                         
                                                                                                                                
10:20:37 AM                                                                                                                   
                                                                                                                                
RYNNIEVA  MOSS, STAFF,  REPRESENTATIVE  JOHN COGHILL,  noted                                                                    
that Section  10 provides an applicibility  clause regarding                                                                    
subjugation,  assignment or  lien in  existence on  the date                                                                    
listed, added to statute.   The effective date would be July                                                                    
 st                                                                                                                             
1,   2006  or  the  date  the  federal plan  is  approved  -                                                                    
language indicated in Section 12.                                                                                               
                                                                                                                                
Ms.  Moss advised  that  Section  11 is  the  "meat" of  the                                                                    
original  bill.     In  subcommittee  discussions,   it  was                                                                    
determined  to  send  some children  outside  the  State  to                                                                    
treatment  centers  and after  30  days,  they would  become                                                                    
qualified  for  Medicaid  services.     She  indicated  that                                                                    
addressing  that concern  is the  priority for  the interim.                                                                    
Their  office  has  asked   the  Department  to  investigate                                                                    
concerns   including   the    authorization   process   with                                                                    
                                                           rd                                                                   
comparison  to private  insurance companies;  maximizing  3                                                                     
party coverage.                                                                                                                 
                                                                                                                                
10:24:50 AM                                                                                                                   
                                                                                                                                
DWAYNE PEEPLES, DIRECTOR, DIVISION  OF HEALTH CARE SERVICES,                                                                    
DEPARTMENT OF  HEALTH AND SOCIAL SERVICES,  stated that over                                                                    
the  past couple  years, the  Department  has been  pursuing                                                                    
cost containment activities in  Medicaid services.  One area                                                                    
being addressed  is the coordination of  benefits with other                                                                    
 rd                                                                                                                             
3  party payers  and subjugation of claims that other payers                                                                    
paid  for   services  received  by   Medicaid  participants.                                                                    
Within  the past  18 months,  the Department  of Health  and                                                                    
Social  Services   has  increased  collaboration   with  the                                                                    
Department of Law to pursue that.                                                                                               
                                                                                                                                
Mr. Peeples highlighted each section:                                                                                           
                                                                                                                                
    Section 1 brings the Department of Health and Social                                                                     
     Services in line with the recently passed federal                                                                          
                                                           rd                                                                   
     Budget Reduction Act (BRA), which requires that 3                                                                          
     party payers in the State of Alaska cooperate with the                                                                     
     Department.                                                                                                                
                                                                                                                                
10:26:52 AM                                                                                                                   
                                                                                                                                
       Section 2 puts the Department and the State of                                                                        
        Alaska into a more aggressive stance on subjugation                                                                     
        in any medical claim.  The claims will be pursued by                                                                    
        the Department of Law.                                                                                                  
                                                                                                                                
Representative Coghill asked about the subjugation process.                                                                     
                                                                                                                                
STACY KRALY, ASSISTANT ATTORNEY  GENERAL, DEPARTMENT OF LAW,                                                                    
                                           rd                                                                                   
explained  that  subjugation claims  are  3   party  claims,                                                                    
                                                    rd                                                                          
should  the  Department  act as  a  collector  of  3   party                                                                    
claims.  If  an individual receives Medicaid  and is injured                                                                    
in an  accident, the Department  pays Medicaid  coverage for                                                                    
services related to  that accident.  The  Department has the                                                                    
ability  to go  in  and  recover the  cost  of the  Medicaid                                                                    
                                rd                                                                                              
expenditures  if there  is  a  3   party  claim.   Sometimes                                                                    
attorneys  are involved  but  generally  there is  insurance                                                                    
involved.  The Department  will notify the insurer regarding                                                                    
the  lien for  the cost  of the  Medicaid coverage  and will                                                                    
                               rd                                                                                               
seek reimbursement out of the 3 party's recovery.                                                                               
                                                                                                                                
Representative Kelly  asked if  the federal  government also                                                                    
tracks  insurance companies.    Ms. Kraly  advised that  the                                                                    
State  seeks the  recovery for  both the  State and  federal                                                                    
portions.                                                                                                                       
                                                                                                                                
                                     stnd                                                                                       
Representative Joule asked who  the 1  and 2   parties would                                                                    
                                     rd                                                                                         
be.   Ms. Kraly explained that  the 3  party  indicates that                                                                    
there  is  an  additional  party  to  the  accident  who  is                                                                    
                                                     rd                                                                         
responsible for the  payment of the services.  The  3  party                                                                    
recovery  refers to  the  insurance  company or  responsible                                                                    
                   stnd                                                                                                         
individual.  The  1  and  2  are generally  the insurers and                                                                    
     rd                                                                                                                         
the 3 party references the payer.                                                                                               
                                                                                                                                
10:30:13 AM                                                                                                                   
                                                                                                                                
Mr. Peeples continued:                                                                                                          
    Section 3 reinforces the Departments ability and                                                                         
                                                           rd                                                                   
     information to obtain any subjugation or other 3                                                                           
     party payments.                                                                                                            
                                                                                                                                
                                   rd                                                                                           
Representative Kelly asked if the 3   party could be someone                                                                    
other  than  an  insurance  company.     Ms.  Kraly  replied                                                                    
correct.                                                                                                                        
                                                                                                                                
10:31:16 AM                                                                                                                   
                                                                                                                                
Mr. Peeples noted:                                                                                                              
                                                                                                                                
    Section 4 delineates the priority of recoveries and                                                                      
     liens for the subjugation, putting the State only                                                                          
     after tax and attorney fees.                                                                                               
                                                                                                                                
Vice Chair Stoltze asked if  it would be placed behind child                                                                    
support due.   Ms. Kraly  did not know  for sure.   She knew                                                                    
that section  clarifies that the  State has a lien  ahead of                                                                    
the  hospital  &  doctors.   She  offered  to  research  the                                                                    
priority for the Child Support Enforcement Agency (CSEA).                                                                       
                                                                                                                                
                                                           st                                                                   
Representative Holm  asked why the State  could take the  1                                                                     
position  before  providers  of  the services.    Ms.  Kraly                                                                    
responded that  the State actually  pays for  those services                                                                    
and should be able to recover before the other entity.                                                                          
                                                                                                                                
Representative  Joule questioned  if  the service  providers                                                                    
could anticipate timely payments.   Ms. Kraly explained that                                                                    
generally,  in  Medicaid  payments,  the  provider  is  paid                                                                    
within  90-days,  depending  on  how fast  they  submit  the                                                                    
claims.                                                                                                                         
                                                                                                                                
10:34:51 AM                                                                                                                   
                                                                                                                                
KEVIN HENDERSON, MEDICAL  ASSISTANCE ADMINISTRATOR, DIVISION                                                                    
OF PUBLIC  HEALTH, DEPARTMENT OF  HEALTH &  SOCIAL SERVICES,                                                                    
spoke to Section 5:                                                                                                             
                                                                                                                                
    Section 5 addresses recipients.  He pointed out that                                                                     
     Federal law  mostly applies to providers;  there is not                                                                    
     much that  identifies recipients.  That  section allows                                                                    
     the Department  to garnish the Permanent  Fund Dividend                                                                    
     of a recipient  and address the abuse  of fair hearings                                                                    
    so that they can continue some months of benefits.                                                                          
                                                                                                                                
Vice Chair Stoltze  asked if there were safe  guards for the                                                                    
garnishments  made by  CSEA.   Mr. Henderson  explained that                                                                    
with the  continued benefit recovery,  there is a  series of                                                                    
fair  hearing rights;  the PFD  cannot be  garnished without                                                                    
opportunity  to make  their  case.   He  thought there  were                                                                    
adequate safeguards.                                                                                                            
                                                                                                                                
10:39:40 AM                                                                                                                   
                                                                                                                                
Mr. Henderson continued:                                                                                                        
                                                                                                                                
    Section 6 - Currently, federal law has a number of                                                                       
     rules  for  the "transfer  of  assets"  at fair  market                                                                    
     value.  Research  is done to see if  the recipient gave                                                                    
     money away  in order to qualify  for Medicaid services.                                                                    
     There are  a number of  ways that people  can establish                                                                    
     Medicaid  trusts  that  would allow  them  to  transfer                                                                    
     resources.   The  provision in  Section 6  results from                                                                    
     the  Deficit  Reduction Act  (DRA).    Any new  annuity                                                                    
     after the effective date of  the legislation would need                                                                    
     to  contain a  provision that  the Department  could be                                                                    
     paid  back  for  any  costs  to  Medicaid.    It  is  a                                                                    
     preemptive provision.                                                                                                      
                                                                                                                                
10:42:12 AM                                                                                                                   
                                                                                                                                
Mr. Henderson noted:                                                                                                            
                                                                                                                                
    Section 7 addresses a combination of concerns:                                                                           
    Subsection J & K restricts who can apply.  It                                                                            
     obligates  the  Department  to make  contact  with  the                                                                    
     parent of  the minor seeking services,  if appropriate.                                                                    
     If the parent has  insurance, making sure the insurance                                                                    
     company pays before Medicaid.   The language provides a                                                                    
     "gate-keeping  provision" regarding  who  can apply  on                                                                    
     behalf of a child.                                                                                                         
                                                                                                                                
    Subsection L indicates a requirement that provides                                                                       
     federal approval for those  eligible for Medicare; they                                                                    
     would be required to apply  for the Medicare first.  He                                                                    
     clarified  that   there  are  services,  paid   for  by                                                                    
     Medicare and not by Medicaid.                                                                                              
                                                                                                                                
    Subsection M gets to the "heart" of new federal law.                                                                     
     The federal act made changes  that tend to "tighten up"                                                                    
     the  area   for  individuals  seeking   long-term  care                                                                    
     services.  The Department  supports the provision as it                                                                    
     makes a "clean-tie" to the  Deficit Reduction Act (DRA)                                                                    
     in State  law.   The provisions in  the DRA  change the                                                                    
     "back window"  date from  36 months to  60 months.   It                                                                    
     also  changes  the   penalty  period  for  transferring                                                                    
     assets & restricting life estates.                                                                                         
                                                                                                                                
    Subsection N resulted from the DRA.  The home would be                                                                   
     exempt  for long-term  care  recipients.   Federal  law                                                                    
     provided a requirement that if  the equity value of the                                                                    
     home exceeds  $500 thousand dollars, they  would not be                                                                    
     eligible  for Medicaid,  unless  they had  a spouse,  a                                                                    
     minor, or  a disabled child  still living at home.   It                                                                    
     also extends the requirement  to almost all eligibility                                                                    
     categories.                                                                                                                
                                                                                                                                
10:49:04 AM                                                                                                                   
                                                                                                                                
Ms. Kraly continued:                                                                                                            
                                                                                                                                
    Section 8 resulted from a proposed amendment by                                                                          
     Representative Cissna.   The  Department has  been sued                                                                    
     in   a    couple   different   cases    regarding   the                                                                    
     determination of how waivers  are made for individuals.                                                                    
     The  context   of  the  amendment  identifies   how  to                                                                    
     characterize  material  improvement   for  purposes  of                                                                    
     eligibility determination.                                                                                                 
                                                                                                                                
10:51:15 AM                                                                                                                   
                                                                                                                                
Mr. Peeples continued:                                                                                                          
                                                                                                                                
    Section 9 waives a previous standing section under AS                                                                    
     47.05.070, indicating that the Department may waive                                                                        
     the rights of subjugation.  That section removes that                                                                      
     option for the Department.                                                                                                 
                                                                                                                                
10:52:10 AM                                                                                                                   
                                                                                                                                
Mr.  Peeples reminded  members  that Representative  Coghill                                                                    
reviewed Sections 10 & 11.                                                                                                      
                                                                                                                                
10:53:13 AM                                                                                                                   
                                                                                                                                
JANET  CLARKE, ASSISTANT  COMMISSIONER, DIVISION  OF FINANCE                                                                    
AND  MANAGEMENT SERVICES,  DEPARTMENT OF  HEALTH AND  SOCIAL                                                                    
SERVICES, spoke to  the five fiscal notes  and distributed a                                                                    
spreadsheet  outlining  the  overall  view  for  the  notes.                                                                    
(Copy on File).                                                                                                                 
                                                                                                                                
The  summary  highlights  the fiscal  impact  through  2012,                                                                    
resulting from the legislation, indicated by section.                                                                           
                                                                                                                                
The assumption is  that in FY07, regulations will  not be in                                                                    
place  until the  fourth quarter,  showing savings  for only                                                                    
25% of  the fiscal year.   Overall, in FY07,  the Department                                                                    
calculates  a savings  of $2.6  million federal  and General                                                                    
Fund dollars.   For FY08, that number  jumps dramatically to                                                                    
a reduction  of $10.9 million  dollar savings.   The primary                                                                    
savings is calculated  under Section 7(L).   She pointed out                                                                    
that  it addresses  mandatory  requirements for  individuals                                                                    
eligible  for  Medicare,  apply for  Medicare  first.    She                                                                    
assumed the numbers could reach 1,800.                                                                                          
                                                                                                                                
Ms.  Clarke  discussed  cost avoidance  areas,  particularly                                                                    
Sections 6  & 8.   There  will be  smaller savings  in other                                                                    
categories  (Sections  1-4  &  9-10).    Those  numbers  are                                                                    
consistent throughout the fiscal notes.                                                                                         
                                                                                                                                
10:57:00 AM                                                                                                                   
                                                                                                                                
Co-Chair   Chenault  referenced   the  spreadsheet,   fourth                                                                    
quarter savings and  asked if there could  be any assurances                                                                    
that  the  regulations would  be  assembled  by then.    Ms.                                                                    
Clarke  stated that  was their  best assumption  and is  top                                                                    
priority if the legislation is passed.                                                                                          
                                                                                                                                
Co-Chair Chenault questioned if  the Department was close to                                                                    
having  regulations in  place.   Ms.  Clarke responded  they                                                                    
                          st                                                                                                    
could be in effect April 1.                                                                                                     
                                                                                                                                
Vice  Chair  Stoltze  questioned  if  the  Denali  Kid  Care                                                                    
program    recipients    were   eligible    for    Medicaid.                                                                    
Representative  Coghill   replied  that  was   the  original                                                                    
concern   with   discussion   regarding   determination   of                                                                    
household  income.   They did  look at  the Denali  Kid Care                                                                    
program & there should be more to come.                                                                                         
                                                                                                                                
Co-Chair Chenault  referenced spreadsheet percentages.   Ms.                                                                    
Clarke  explained that  the numbers  are estimates  based on                                                                    
the  National   Formula  related  to  the   State's  Federal                                                                    
Medicaid   Authorized  Percentage   (FMAP).     The  Deficit                                                                    
Reduction  Act held  the State  of Alaska  harmless for  two                                                                    
years.   Through FY07, the federal  Medicaid percentage will                                                                    
be  57.5% and  then  the  State will  move  to the  national                                                                    
formula.   Estimates  indicated  that in  FY08, the  formula                                                                    
rate would drop to 53.2%.                                                                                                       
                                                                                                                                
11:00:59 AM                                                                                                                   
                                                                                                                                
ELINOR   FITZGERALD,   DIVISION    OF   PUBLIC   ASSISTANCE,                                                                    
DEPARTMENT OF  HEALTH & SOCIAL  SERVICES, offered  to answer                                                                    
questions of the Committee.                                                                                                     
                                                                                                                                
11:01:39 AM                                                                                                                   
                                                                                                                                
JIM   DAVIS,  (TESTIFIED   VIA  TELECONFERENCE),   ATTORNEY,                                                                    
NORTHERN JUSTICE  PROJECT, ANCHORAGE, stated that  Section 8                                                                    
was "bad policy"  for the State.  The  Choice Waiver Program                                                                    
for older Alaskans  is a program where  seniors with serious                                                                    
disabilities are  provided a waiver  of benefits in  lieu of                                                                    
being institutionalized  or placed  into nursing homes.   He                                                                    
thought it  would save the  State more money opting  for the                                                                    
waiver program.                                                                                                                 
                                                                                                                                
Mr. Davis  noted that assessments are  subjective, depending                                                                    
on  the various  nature of  each assessor.   He  pointed out                                                                    
that  lawsuits  have  been  filed,   and  that  two  Alaskan                                                                    
Superior  Courts  found  that  if the  State  finds  someone                                                                    
disabled, they cannot withdraw benefits.                                                                                        
                                                                                                                                
Mr.  Davis  advised  that Section  8  attempts  to  legalize                                                                    
something that has  been found to be illegal.   That process                                                                    
will lead  to further  litigation and many  Alaskan pioneers                                                                    
would be  placed in  life threatening  situations or  at the                                                                    
very  least having  their quality  of life  diminished.   He                                                                    
encouraged the  Committee carefully consider  whether elders                                                                    
ought  to  have  their  benefits  subject  to  a  45  minute                                                                    
evaluation.                                                                                                                     
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                       
                                                                                                                                
11:07:58 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer MOVED  to ADOPT  Amendment #1.   Vice  Chair                                                                    
Stoltze OBJECTED.                                                                                                               
                                                                                                                                
Ms. Kraly noted that the  amendment is a "word-smith" of the                                                                    
existing Section 8.  There  are nuances in that section that                                                                    
need to  be clarified.   She  referenced concerns  voiced by                                                                    
Mr. Davis, indicating  that the filed lawsuits  spoke to the                                                                    
concept of  "material improvement".  The  amendment attempts                                                                    
to  fashion   a  remedy  to  the   allegation,  which  would                                                                    
establish  a  standard  for assessment  of  each  individual                                                                    
placed in the  waiver program.  She  stressed the importance                                                                    
of understanding  that a  waiver is  a benefit  provided for                                                                    
the determination  of eligibility.  The  old assessment tool                                                                    
used by the Department was  not medically based.  Presently,                                                                    
there are  two preliminary injunctions issued  and there has                                                                    
been no determination of that merit.                                                                                            
                                                                                                                                
Amendment  #1  attempts  to   qualify  and  define  material                                                                    
improvement  so that  it can  be assessed.   A  waiver is  a                                                                    
yearly  benefit  following  an  assessment.    There  is  no                                                                    
assumption that  you receive a  waiver for the rest  of your                                                                    
life.                                                                                                                           
                                                                                                                                
Ms.  Kraly addressed  Mr. Davis'  inference that  the review                                                                    
was a  "rubber stamp",  pointing out  that it  establishes a                                                                    
premise to  analyze improvement.   Under the  premise, prior                                                                    
years   would  be   examined.     She  disagreed   with  the                                                                    
characterizations,  proposing that  a high  burden had  been                                                                    
established to show waiver benefits.                                                                                            
                                                                                                                                
11:13:51 AM                                                                                                                   
                                                                                                                                
Representative Joule      inquired  if  an assessment  could                                                                    
be made  without the actual  observation.  Ms.  Kraly stated                                                                    
that  assessments   are  done  in  person.     Currently,  a                                                                    
contractor,  receiving  information   from  the  individual,                                                                    
family  members  and care  providers,  as  well as  actually                                                                    
observing   the  individual   in  their   home  environment,                                                                    
provides the assessment.   If there is  a conflict regarding                                                                    
the assessment, a further one can be made.                                                                                      
                                                                                                                                
Representative Joule      asked    who     determined    the                                                                    
qualifications of  the assessor.   Ms. Kraly noted  that the                                                                    
amendment  defines  a  qualified health  care  professional.                                                                    
She  noted that  the assessors  are specialized  individuals                                                                    
defined by  statute, including nurses,  nurse practitioners,                                                                    
etc.  She  also noted that the waivers dealt  with a nursing                                                                    
level care and are not medically based decisions.                                                                               
                                                                                                                                
11:17:02 AM                                                                                                                   
                                                                                                                                
Representative Weyhrauch  inquired   if    Mr.   Davis   was                                                                    
currently in litigation  with the State.   Ms. Kraly replied                                                                    
he  is.     Representative   Weyhrauch  questioned   if  the                                                                    
amendment  would  remedy such  legal  issues  and the  costs                                                                    
incurred.  Ms. Kraly hoped  that the amendment could resolve                                                                    
the pending litigation.  The  premise of the amendment is to                                                                    
clearly  identify  the rules  of  the  program, as  well  as                                                                    
responding  to   injunctive  orders,  which   are  currently                                                                    
restraining  any decisions  being  made  by the  Department,                                                                    
creating an administrative burden.                                                                                              
                                                                                                                                
11:19:06 AM                                                                                                                   
                                                                                                                                
Representative Weyhrauch expressed   a  concern   for  those                                                                    
individuals  who were  currently engaged  in a  grievance as                                                                    
identified by Mr. Davis.   Ms. Kraly said if the legislation                                                                    
passes,  the issue  is mute;  those individuals  would still                                                                    
have the authority to seek attorney fees and recoveries.                                                                        
                                                                                                                                
Vice Chair Stoltze  WITHDREW his OBJECTION.   There being NO                                                                    
further OBJECTION, Amendment #1 was adopted.                                                                                    
                                                                                                                                
11:20:19 AM                                                                                                                   
                                                                                                                                
Representative  Kelly  thanked  the  Sponsor  for  the  cost                                                                    
saving  measures  of  the  legislation.     He  asked  about                                                                    
communication  through our  US Congressional  delegation for                                                                    
assistance on  the matter.  Representative  Coghill affirmed                                                                    
that requests were underway.                                                                                                    
                                                                                                                                
11:21:37 AM                                                                                                                   
                                                                                                                                
Representative Holm pointed  out  that  many  Alaskans  have                                                                    
experienced  difficulty, obtaining  waivers.   He questioned                                                                    
if the  legislation would result  in transferring  of assets                                                                    
to  those that  are in  real need.   Representative  Coghill                                                                    
said that was his intent.                                                                                                       
                                                                                                                                
Representative Holm emphasized the  obligation of government                                                                    
to  care  for those  in  need,  even  in  the face  of  cost                                                                    
cutting.                                                                                                                        
                                                                                                                                
11:23:19 AM                                                                                                                   
                                                                                                                                
Representative Foster  MOVED to REPORT  CS HB 426  (FIN) out                                                                    
of  Committee   individual  recommendations  and   with  the                                                                    
accompanying  fiscal notes.   There  being NO  OBJECTION, it                                                                    
was so ordered.                                                                                                                 
                                                                                                                                
CS  HB  426  (FIN)  was   reported  out  of  Committee  with                                                                    
"individual" recommendations  and with  zero note #1  by the                                                                    
Department of  Health and Social  Services and  fiscal notes                                                                    
#2,  #3, #4  & #5  by the  Department of  Health and  Social                                                                    
Services.                                                                                                                       
                                                                                                                                
11:23:53 AM                                                                                                                   
                                                                                                                                
HOUSE BILL NO. 500                                                                                                            
                                                                                                                                
     An Act amending the principal  amount of bonds that may                                                                    
     be  issued by  the  Alaska  Industrial Development  and                                                                    
     Export  Authority  for  the purpose  of  financing  the                                                                    
     development of Hatcher Pass.                                                                                               
                                                                                                                                
REPRESENTATIVE BILL  STOLTZE, SPONSOR, pointed out  that the                                                                    
Matanuska-Susitna (MatSu)  Borough has been working  with JL                                                                    
Properties, Inc.  and the Alaska Industrial  Development and                                                                    
Export Authority  (AIDEA) in examining  the potential  for a                                                                    
Hatcher Pass  Development Project.   HB  500 allows  for the                                                                    
next step to discuss financing of the project.                                                                                  
                                                                                                                                
Provisions for HB 500 are to:                                                                                                   
                                                                                                                                
    Amend current language so that AIDEA may issue bonds                                                                     
     or provide other financing for the development of                                                                          
     Hatcher Pass, not just for the construction and                                                                            
     improvement of Phase 1 of a ski resort.                                                                                    
    Increase the principal amount of the bonds and other                                                                     
     financing AIDEA provides from $15 million to $25                                                                           
     million dollars.                                                                                                           
                                                                                                                                
Vice Chair Stoltze urged consideration of the bill.                                                                             
                                                                                                                                
11:25:19 AM                                                                                                                   
                                                                                                                                
DAVID  GERMER, PROJECT  MANAGER,  HATCHER  PASS PROJECT,  JL                                                                    
PROPERITIES,  noted  that  HB   500  would  increase  Alaska                                                                    
Industrial  Development  Export Authority  (AIDEA)  existing                                                                    
authorization to  finance the Hatcher Pass  project from $15                                                                    
million dollars  to $25 million dollars.   AIDEA's financing                                                                    
can only be  made available after a  due diligence analysis.                                                                    
All regulatory and statutory requirements  must first be met                                                                    
and  in   addition,  the  AIDEA   Board  must   approve  the                                                                    
financing.                                                                                                                      
                                                                                                                                
Mr. Germer  provided historical  background on  the project.                                                                    
In  October  2003,  JL  Properties  responded  to  a  public                                                                    
solicitation  from the  MatSu Borough  to develop  an alpine                                                                    
and  Nordic  ski   venue.    Over  a   two-year  period,  JL                                                                    
Properties worked  with the Borough  and AIDEA to  develop a                                                                    
preliminary, conceptual & financial  plan that met the goals                                                                    
of  the Borough.   The  development plan  consists of  three                                                                    
pieces.  He referenced the handout.  (Copy on File).                                                                            
                                                                                                                                
11:27:02 AM                                                                                                                   
                                                                                                                                
Mr.  Germer noted  the location  of the  various components.                                                                    
The alpine area would house  the regional ski resort, having                                                                    
a 2,300  capacity per day.   He detailed various  aspects of                                                                    
the resort.                                                                                                                     
                                                                                                                                
11:28:50 AM                                                                                                                   
                                                                                                                                
Mr.  Germer pointed  out the  residential area  involved, 26                                                                    
residential  development   pods  in  the  guidelines.     He                                                                    
discussed  the trail  system proposed  for  the project  and                                                                    
activities related to them.                                                                                                     
                                                                                                                                
11:31:11 AM                                                                                                                   
                                                                                                                                
Mr.  Germer noted  the importance  that each  aspect of  the                                                                    
project be integrated  to succeed.  He  noted that financing                                                                    
by  AIDEA was  necessary for  the financial  success of  the                                                                    
project.   He advised  that each  entity would  complete its                                                                    
own  due  diligence before  the  project  could proceed  and                                                                    
hoped construction could begin by spring 2008.                                                                                  
                                                                                                                                
Vice Chair Stoltze  asked  about  the compatibility  of  the                                                                    
project with  the adjacent mining  development.   Mr. Germer                                                                    
replied  that area  under consideration  is  3-4 miles  away                                                                    
from the mining spots.                                                                                                          
                                                                                                                                
11:33:03 AM                                                                                                                   
                                                                                                                                
Representative Kelly      inquired about other  owners.  Mr.                                                                    
Germer replied  that the principle  owners of  JL properties                                                                    
are Jonathan Rabini and Leonard Hyde.                                                                                           
                                                                                                                                
Representative  Kelly  asked  about  land  ownership.    Mr.                                                                    
Germer   replied  the   MatSu  Borough   would  make   it  a                                                                    
public/private   partnership,   as   they  own   the   land.                                                                    
Responding   to   another   question  regarding   the   risk                                                                    
assessment, Mr. Germer affirmed  that AIDEA would complete a                                                                    
due  diligence analysis  along with  JL  Properties and  the                                                                    
MatSu Borough;  financial feasibility will be  determined by                                                                    
AIDEA.                                                                                                                          
                                                                                                                                
11:34:14 AM                                                                                                                   
                                                                                                                                
Representative Holm noted  the  road   on  the  map  through                                                                    
Hatcher Pass.   Mr.  Germer confirmed  there is  an existing                                                                    
lodge  on  the  road,  located  at a  spot  lower  than  the                                                                    
proposed project.                                                                                                               
                                                                                                                                
JOHN DUFFY,  BOROUGH MANAGER,  MAT-SU BOROUGH,  testified in                                                                    
favor of the legislation.   He stated that the MatSu Borough                                                                    
is in  full support of  the project, stressing  the critical                                                                    
nature of  AIDEA's involvement in financing.   He reiterated                                                                    
that  it   would  be  a  public/private   partnership,  with                                                                    
property   obtained   through  the   municipal   entitlement                                                                    
program.   He noted that  they have utilized both  Borough &                                                                    
State funding in the past for certain projects.                                                                                 
                                                                                                                                
Mr. Duffy continued, an economic  feasibility study has been                                                                    
completed,  conducted by  a private  firm in  San Francisco,                                                                    
who  confirmed  the project's  viability.    That firm  also                                                                    
completed an economic impact statement.                                                                                         
                                                                                                                                
Mr.  Duffy  addressed  the  number of  jobs  that  would  be                                                                    
created  through  the  project.     He  summarized  that  by                                                                    
supporting ADIEA's  involvement in  the project,  fulfills a                                                                    
long-term economic  development goal of the  Borough creates                                                                    
numerous jobs.                                                                                                                  
                                                                                                                                
11:38:07 AM                                                                                                                   
                                                                                                                                
Representative Kelly      asked  the  level  of  involvement                                                                    
from JL  Properties.  Mr.  Germer replied that  all proceeds                                                                    
from  development of  the project  would go  into a  general                                                                    
fund to  pay off all project  debt.  At that  point, profits                                                                    
would be  distributed equally  between JL  Properties, ADIEA                                                                    
and the Mat-Su Borough.                                                                                                         
                                                                                                                                
JIM  MCMILLAN,   DEPUTY  DIRECTOR   OF  CREDIT   &  BUSINESS                                                                    
DEVELOPMENT,  ALASKA   INDUSTRIAL  DEVELOPMENT   AND  EXPORT                                                                    
AUTHORITY,   (AIDEA),   ANCHORAGE,  responded   to   further                                                                    
question by  Representative Kelly,  outlining the  levels of                                                                    
debt retained by each entity.                                                                                                   
                                                                                                                                
    JL Properties @ $5 million dollars                                                                                       
    MatSu Borough @ $10 million dollars                                                                                      
    AIDEA up to $25 million dollars                                                                                          
                                                                                                                                
The initial  financing structure  concept is an  equity role                                                                    
for AIDEA,  along with  the other two  entities.   The final                                                                    
structure would  be based upon  due diligence  & feasibility                                                                    
reports.                                                                                                                        
                                                                                                                                
11:40:43 AM                                                                                                                   
                                                                                                                                
Representative  Kelly   asked  if   AIDEA  would   hold  the                                                                    
mortgage.     Mr.  McMillan   stressed  the   importance  of                                                                    
development rights in  the project.  He  noted that although                                                                    
the land  has intrinsic  value, the real  value will  be the                                                                    
development.                                                                                                                    
                                                                                                                                
11:41:45 AM                                                                                                                   
                                                                                                                                
Representative Kelly      voiced  concern   regarding  other                                                                    
AIDEA financed  projects that have  not work.   Mr. McMillan                                                                    
said that  AIDEA has learned  from past, noting  the history                                                                    
of  the proposed  project.   He  stated  AIDEA supports  the                                                                    
legislation; the  bill does not  guarantee the  financing of                                                                    
the project.  He noted that  only after all issues have been                                                                    
examined and a finance  plan established, would financing be                                                                    
voted on.                                                                                                                       
                                                                                                                                
11:44:09 AM                                                                                                                   
                                                                                                                                
Vice Chair Stoltze  expressed his concerns,  noting his role                                                                    
in facilitating discussion about  the potential project.  He                                                                    
noted that  in the past,  AIDEA might have been  forced into                                                                    
unsuccessful projects.   He indicated  his "comfort"  in the                                                                    
proposed process.                                                                                                               
                                                                                                                                
11:45:05 AM                                                                                                                   
                                                                                                                                
Representative Kelly      observed  that J&L  Properties had                                                                    
been  successful  in  other projects;  he  questioned  their                                                                    
amount of  equity in the project  @ $5 million dollars.   He                                                                    
worried that  AIDEA might be  left holding a  large mortgage                                                                    
on  the  project  and encouraged  an  appropriate  level  of                                                                    
control.                                                                                                                        
                                                                                                                                
11:46:30 AM                                                                                                                   
                                                                                                                                
Mr. McMillan reiterated the long  history AIDEA has had with                                                                    
the  project.    He  noted the  worthwhile  aspects  of  the                                                                    
concept as  proposed by JL  Properties and the  success rate                                                                    
of their  company.   He agreed  that some  previous projects                                                                    
had not been successful  without such an integrative nature.                                                                    
AIDEA believes it is worthwhile to take the next steps.                                                                         
                                                                                                                                
11:48:40 AM                                                                                                                   
                                                                                                                                
Representative Weyhrauch asked the  intended public process,                                                                    
noting concerns about development  projects and their impact                                                                    
on the habitat.   He questioned if  the legislation provides                                                                    
authority to create  bonds in advance of  the public comment                                                                    
process.                                                                                                                        
                                                                                                                                
11:49:47 AM                                                                                                                   
                                                                                                                                
Mr.  Duffy affirmed  that an  extensive  public process  had                                                                    
been planned.                                                                                                                   
                                                                                                                                
Representative Joule      asked    about    the    projected                                                                    
completion  date.   Mr. McMillan  stated that  under AIDEA's                                                                    
statutes  for development  projects, any  project funded  in                                                                    
excess   of  $10   million  dollars,   requires  legislative                                                                    
authorization to  move forward.   He  added, in  addition to                                                                    
the MatSu  Borough public process,  AIDEA also has  a public                                                                    
process  period.   The  local  governing  body must  pass  a                                                                    
resolution consenting to the project.                                                                                           
                                                                                                                                
11:51:40 AM                                                                                                                   
                                                                                                                                
Representative  Foster  MOVED  to   REPORT  HB  500  out  of                                                                    
Committee  with  individual  recommendations  and  with  the                                                                    
accompanying zero  note.  There  being NO OBJECTION,  it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
HB  500   was  reported  out   of  Committee  with   a  "no"                                                                    
recommendation and with  new zero note by  the Department of                                                                    
Commerce, Community & Economic Development.                                                                                     
                                                                                                                                
11:53:39 AM                                                                                                                   
                                                                                                                                
HOUSE BILL NO. 496                                                                                                            
                                                                                                                                
     An Act  relating to  contributions from  permanent fund                                                                    
     dividends to  certain educational organizations  and to                                                                    
     certain   charitable  organizations   that  provide   a                                                                    
     positive    youth   development    program,   workforce                                                                    
     development, aid  to the arts,  or aid and  services to                                                                    
     the  elderly,  low-income individuals,  individuals  in                                                                    
     emergency   situations,    disabled   individuals,   or                                                                    
     individuals with  mental illness; and providing  for an                                                                    
     effective date.                                                                                                            
                                                                                                                                
LOUIE  FLORA, STAFF,  REPRESENTATIVE PAUL  SEATON, explained                                                                    
that  the   bill  would  create  a   funding  mechanism  for                                                                    
charitable organizations  in Alaska with a  check-off on the                                                                    
electronic  Permanent Fund  Dividend (PFD)  application form                                                                    
that would allow them to donate  a portion of their check to                                                                    
an eligible  organization, a community foundation,  a campus                                                                    
of the University of Alaska or vocational training program.                                                                     
                                                                                                                                
To qualify  for the program, a  charitable organization must                                                                    
provide  a positive  youth  development programs,  workforce                                                                    
development, aid  to the  arts, or aid  and services  to the                                                                    
elderly,  low-income  individuals  and/or  individuals  with                                                                    
mental illness.                                                                                                                 
                                                                                                                                
HB  496   includes  further  eligibility   requirements  for                                                                    
charitable organizations  to ensure that  the organizational                                                                    
fit within  the sideboards of  the program.  To  qualify, an                                                                    
organization must:                                                                                                              
                                                                                                                                
    Apply for inclusion on the contribution list for the                                                                     
                                                  st                                                                            
     current dividend year before September 1 of the                                                                            
     qualifying year                                                                                                            
    Have been exempt from taxation under 26 USC 501 ©(3)                                                                     
     for the two calendar years preceding the year the                                                                          
     application is filled                                                                                                      
    Be directed by a voluntary board or local advisory                                                                       
     board, whose members are all residents of the State of                                                                     
     Alaska and provide a qualifying service                                                                                    
    Receive the lesser of $100,000 or 5% of its total                                                                        
     annual receipts from contributions                                                                                         
    Provide a financial audit for the preceding fiscal                                                                       
     year if its annual budget exceeds $250,000                                                                                 
    Not make grants or contributions to an organization                                                                      
     that is exempt from taxation under 15 USC 501©(4) or                                                                       
     (6)                                                                                                                        
                                                                                                                                
Mr. Flora  continued, HB 496 defines  a community foundation                                                                    
and stipulates that they may make  no more than 10% of their                                                                    
income from grants to ©(4)(6)  organizations.  That provides                                                                    
community foundations  with flexibility  in grant  making to                                                                    
such  organizations as  a chamber  of commerce;  it promotes                                                                    
the continued  growth of the local  community foundations in                                                                    
Alaska.   The  program  has  a sunset  date  of  2009.   The                                                                    
funding  required  to  enact   the  pilot  program  will  be                                                                    
provided through an agreement with the Rasmuson Foundation.                                                                     
                                                                                                                                
11:58:53 AM                                                                                                                   
                                                                                                                                
Representative Weyhrauch  asked why it was  limited to those                                                                    
that file electronically.   Mr. Flora replied it  was a cost                                                                    
issue.                                                                                                                          
                                                                                                                                
11:59:33 AM                                                                                                                   
                                                                                                                                
SHARON   BARTON,   DIRECTOR,    PERMANENT   FUND   DIVISION,                                                                    
DEPARTMENT OF REVENUE, pointed out  that a Senate sponsor to                                                                    
simplify, on the  behalf of the Permanent  Fund Division had                                                                    
inserted language.                                                                                                              
                                                                                                                                
Representative Weyhrauch  inquired the percentage  that file                                                                    
electronically.    Ms.  Barton   responded  that  55%  filed                                                                    
electronically for the  FY06 dividend.  She  agreed that the                                                                    
note will  increase if paper  applications are  included and                                                                    
the costs have not been calculated.                                                                                             
                                                                                                                                
12:01:14 PM                                                                                                                   
                                                                                                                                
Representative  Weyhrauch asked  the  anticipated number  of                                                                    
pages.  Ms. Barton replied  the Division hasn't "scoped that                                                                    
out yet".  The Senate sponsor requested a sort function.                                                                        
                                                                                                                                
Representative Weyhrauch  asked how the chosen  options were                                                                    
picked.   Ms. Barton responded  those were proposals  by the                                                                    
sponsor; the Division was not consulted.                                                                                        
                                                                                                                                
Representative  Weyhrauch  worried  about problems  for  the                                                                    
public in  determining the amount to  donate; he recommended                                                                    
adding percentages of the actual  check.  Ms. Barton thought                                                                    
that would be more complicated on the administrative side.                                                                      
                                                                                                                                
Representative  Weyhrauch asked  the intent  of the  section                                                                    
involving the  Certified Public  Accountant (CPA)  if assets                                                                    
exceed  $250 thousand  dollars.   Mr.  Flora explained  that                                                                    
they had been working from  the Senate State Affairs version                                                                    
including that criterion.  He offered to research it.                                                                           
                                                                                                                                
Representative  Weyhrauch  pointed  out in  Section  D,  the                                                                    
deduction  of administrative  costs, asking  if there  was a                                                                    
need for a  fiscal note.  Ms. Barton replied  that Section D                                                                    
had  been  envisioned  for  a   time  after  the  agent  was                                                                    
involved,  the  program  would need  to  stand-alone.    She                                                                    
understood that  was the intent  and that there would  be no                                                                    
administrative fees deducted  from the charitable donations.                                                                    
The  sponsor and  the  Rasmuson  Foundation established  the                                                                    
arrangement.                                                                                                                    
                                                                                                                                
12:07:29 PM                                                                                                                   
                                                                                                                                
Representative   Weyhrauch   asked   if  the   fiscal   note                                                                    
considered the  hearing process.   Ms.  Barton did  not know                                                                    
the  number of  hearings  that might  be  encountered.   She                                                                    
thought costs were included for one or two hearings.                                                                            
                                                                                                                                
Representative   Weyhrauch   referenced  the   list-included                                                                    
recipients;  he thought  that the  aid  to the  arts was  an                                                                    
unusual  placement.   Mr. Flora  understood  that the  human                                                                    
services   matching   grants   had  been   decreasing;   the                                                                    
legislation appears to  be a way to boost  funding for those                                                                    
organizations.  He was not certain about that inclusion.                                                                        
                                                                                                                                
12:10:24 PM                                                                                                                   
                                                                                                                                
Representative Holm asked if all  funding would come through                                                                    
the  Rasmuson Foundation.   Mr.  Flora  understood that  was                                                                    
correct.                                                                                                                        
                                                                                                                                
12:11:02 PM                                                                                                                   
                                                                                                                                
DIANE  KAPLAN, PRESIDENT,  RASMUSON FOUNDATION,  stated that                                                                    
the foundation is prepared to  cover the costs for the first                                                                    
three years.   In the interest of  promoting philanthropy in                                                                    
Alaska, the Foundation  is willing to cover  those costs for                                                                    
that time.                                                                                                                      
                                                                                                                                
12:11:53 PM                                                                                                                   
                                                                                                                                
Representative   Holm  appreciated   the  interest   of  the                                                                    
Foundation.   He voiced concern  that the  legislation would                                                                    
really accomplish  anything except bringing  a "false-hope",                                                                    
resting on the dividend program.                                                                                                
                                                                                                                                
Ms. Kaplan pointed out that  they had looked at other states                                                                    
that offered a  similar donation credit on  taxes; there are                                                                    
about  25-30  states  that  allow individuals  do  it.    In                                                                    
Alaska, individual giving is far  below what is occurring in                                                                    
                                  thth                                                                                          
other  states.   Alaska  ranks  49   or  50   in  charitable                                                                    
giving.   There is a lot  of capacity to give  in this State                                                                    
and  sometimes the  citizens need  more encouragement.   The                                                                    
anticipated estimate is $3-$5 million dollars.                                                                                  
                                                                                                                                
Representative Holm pointed  out the high cost  of living in                                                                    
Alaska.                                                                                                                         
                                                                                                                                
12:15:30 PM                                                                                                                   
                                                                                                                                
Representative  Weyhrauch  stated  there was  no  intent  to                                                                    
limit it to the Rasmuson  Foundation.  Ms. Kaplan noted that                                                                    
the Foundation has no intent of being a recipient.                                                                              
                                                                                                                                
12:16:17 PM                                                                                                                   
                                                                                                                                
Representative  Joule  commented  on  the  foundation  grant                                                                    
awards  and  asked if  it  would  influence other  community                                                                    
grant  programs.    Ms.  Kaplan   replied  that  most  grant                                                                    
reviews, look  at the  amount of local  support.   She hoped                                                                    
the legislation  would provide a  tool to get  other members                                                                    
in the community to help leverage money.                                                                                        
                                                                                                                                
Representative Joule asked if there  would be a way to track                                                                    
the contributions at the local  level.  Ms. Kaplan responded                                                                    
that  any organization  that holds  a  designation from  the                                                                    
Internal Revenue Service (IRS) would be eligible.                                                                               
                                                                                                                                
12:20:11 PM                                                                                                                   
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                       
                                                                                                                                
Representative Weyhrauch  MOVED to ADOPT Amendment  #1.  Co-                                                                    
Chair Chenault OBJECTED.                                                                                                        
                                                                                                                                
Representative Weyhrauch  noted that the  amendment consists                                                                    
of  three parts.    He  offered to  speak  with the  sponsor                                                                    
regarding the amendment.                                                                                                        
                                                                                                                                
12:22:18 PM                                                                                                                   
                                                                                                                                
Representative  Kelly voiced  concern with  the legislation,                                                                    
however,   thanked  the   Rasmuson   Foundation  for   their                                                                    
participation.                                                                                                                  
                                                                                                                                
HB 496 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 12:23 P.M.                                                                                         

Document Name Date/Time Subjects