Legislature(2007 - 2008)HOUSE FINANCE 519

04/19/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 170 INSURANCE TELECONFERENCED
Moved CSHB 170(FIN) Out of Committee
+ HB 176 CREATE FORT ROUSSEAU CAUSEWAY PARK TELECONFERENCED
Moved CSHB 176(RES) Out of Committee
+ SB 123 PUBLIC EMP./TEACHERS/JUDGES EMP. BENEFITS TELECONFERENCED
Moved HCS CSSB 123(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 19, 2007                                                                                           
                         1:40 P.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House  Finance Committee meeting to                                                                   
order at 1:40:46 PM.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Richard Foster                                                                                                   
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Mary Nelson                                                                                                      
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Les Gara                                                                                                         
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Peggy  Wilson;  Representative  Andrea  Doll;                                                                   
Eleanor  Wolfe,  Staff,  Representative   Kurt  Olson;  Cliff                                                                   
Stone, Staff, Representative Peggy  Wilson; Annette Kreitzer,                                                                   
Commissioner,  Department  of Administration;  Kevin  Brooks,                                                                   
Deputy  Commissioner, Department  of Administration;  Melanie                                                                   
Lesh, Legislative  Liaison, Department of  Natural Resources;                                                                   
Linda Hall,  Director, Division  of Insurance, Department  of                                                                   
Commerce,   Community  and   Economic  Development;   Michael                                                                   
Eberhardt,  Superintendent, Southeast  Division of  Parks and                                                                   
Outdoor Recreation,  Department  of Natural Resources;  Kathy                                                                   
Lea,   Retirement  Manager,   Division   of  Retirement   and                                                                   
Benefits, Department of Administration                                                                                          
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Deborah Lyons, Executive Director,  Sitka Trail Works, Sitka;                                                                   
Brian  Hansen, Sitka  Trail Works,  Sitka; Marlene  Campbell,                                                                   
Government  Relation Director,  City  and  Borough of  Sitka;                                                                   
Harvey Brandt, Retired History  Teacher, Sitka; Michael Lamb,                                                                   
Chief Financial Officer, Fairbanks North Star Borough                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 170    An  Act   relating  to  annual  audit   reports  by                                                                   
          insurers, to custodians of insurer assets, to                                                                         
          writing workers' compensation  insurance by surplus                                                                   
          lines  insurers,   to  reports  by   surplus  lines                                                                   
          insurers,  to  the definition  of  'wet marine  and                                                                   
          transportation  insurance,' to false  or misleading                                                                   
          financial  statements concerning insurance  audits,                                                                   
          and  to  the  membership  of the  Alaska  Life  and                                                                   
          Health   Insurance    Guaranty   Association;   and                                                                   
          providing for an effective date.                                                                                      
                                                                                                                                
          CS HB 170 (FIN) was reported out of Committee with                                                                    
          a "do  pass" recommendation  and with zero  note #1                                                                   
          by   the  Department   of   Community  &   Economic                                                                   
          Development.                                                                                                          
                                                                                                                                
HB 176    An Act creating the Fort Rousseau Causeway State                                                                      
          Historical Park.                                                                                                      
                                                                                                                                
          CS HB 176 (RES) was reported out of Committee with                                                                    
          a "do pass" recommendation  and with fiscal note #1                                                                   
          by the Department of Natural Resources.                                                                               
                                                                                                                                
CS SB 123(FIN)                                                                                                                  
          An  Act  relating  to  the  public  employees'  and                                                                   
          teachers'   defined   benefit   retirement   plans;                                                                   
          relating  to the  public  employees' and  teachers'                                                                   
          defined contribution  retirement plans; relating to                                                                   
          the  judicial retirement  system;  relating to  the                                                                   
          health reimbursement  arrangement plan  for certain                                                                   
          teachers  and  public  employees; relating  to  the                                                                   
          supplemental employee  benefit program; relating to                                                                   
          the   public   employees'   deferred   compensation                                                                   
          program;  relating to  group  insurance for  public                                                                   
          employees    and   retirees;   making    conforming                                                                   
          amendments; and providing for an effective date.                                                                      
                                                                                                                                
          HCS CS  SB 123 (FIN) was reported  out of Committee                                                                   
          with  a "do  pass" recommendation  and  with a  new                                                                   
          fiscal  note by  the  Department of  Administration                                                                   
          and   a    zero   note   #2   by    Department   of                                                                   
          Administration.                                                                                                       
                                                                                                                                
1:41:33 PM                                                                                                                    
HOUSE BILL NO. 170                                                                                                            
                                                                                                                                
     An Act relating to annual  audit reports by insurers, to                                                                   
     custodians  of  insurer   assets,  to  writing  workers'                                                                   
     compensation  insurance by  surplus  lines insurers,  to                                                                   
     reports by surplus lines  insurers, to the definition of                                                                   
     'wet marine  and transportation insurance,'  to false or                                                                   
     misleading  financial  statements  concerning  insurance                                                                   
     audits,  and to the  membership of  the Alaska  Life and                                                                   
     Health  Insurance  Guaranty Association;  and  providing                                                                   
     for an effective date.                                                                                                     
                                                                                                                                
Vice Chair  Stoltze MOVED to  ADOPT work draft  #25-LS0609\E,                                                                   
Bailey,  4/17/07,  as the  version  of  the bill  before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
1:42:13 PM                                                                                                                    
                                                                                                                                
ELEANOR WOLFE,  STAFF, REPRESENTATIVE KURT OLSON,  stated the                                                                   
bill had  been introduced at the  request of the  Division of                                                                   
Insurance, Department of Community & Economic Development.                                                                      
                                                                                                                                
LINDA HALL,  DIRECTOR, DIVISION  OF INSURANCE, DEPARTMENT  OF                                                                   
COMMERCE, COMMUNITY AND ECONOMIC  DEVELOPMENT, stated that HB
170  relates   to  the  accreditation  of  the   Division  of                                                                   
Insurance and includes other minor  clarifying changes to the                                                                   
insurance code.   The changes  to the work draft  address the                                                                   
oversight  of  the  insurance  industry  by  providing  minor                                                                   
clarifications.   She  addressed  the financial  regulations,                                                                   
providing  a base  for the  solvency  oversight.   It is  the                                                                   
intent through  statutory authority  to adopt the  balance of                                                                   
the  model  regulation.   She  mentioned  the  importance  of                                                                   
accreditation, which  occurs only once every  five years; the                                                                   
Division hopes to be reaccredited.                                                                                              
                                                                                                                                
1:45:08 PM                                                                                                                    
                                                                                                                                
The  committee  substitute reflects  changes  resulting  from                                                                   
industry  discussions  during the  House  Labor and  Commerce                                                                   
hearings.                                                                                                                       
                                                                                                                                
   ·    Section 1 is the most important part of the bill,                                                                       
        placing required language  in statute.   AS 21.09.195                                                                   
        - Registration  for annual preparer  of an  insurer's                                                                   
        audit  financial report.    This  section  was  added                                                                   
        requiring the  director to  establish a  registration                                                                   
        system  for  certified  public  accounts,  conducting                                                                   
        audits on Alaska insurance companies.                                                                                   
                                                                                                                                
1:46:55 PM                                                                                                                    
                                                                                                                                
   ·    Section 3 provides the requirements for custodians                                                                      
        of the insurer assets, AS 21.21.410.                                                                                    
                                                                                                                                
1:47:37 PM                                                                                                                    
                                                                                                                                
There are five other clarifications in the work draft.                                                                          
                                                                                                                                
   ·    Section 2, AS 21.09.200, the insurer annual audited                                                                     
        financial  report.     This  section   clarifies  the                                                                   
        retaliatory  tax used  against  other  states  should                                                                   
        they  use  Alaska's   domestic  insurance   companies                                                                   
        differently.    There  are  three  places  in  Alaska                                                                   
        Statutes that  allow off-sets.   She noted  Section 2                                                                   
        was  duplicative  of  three  other   sections.    The                                                                   
        Division would like to see that language amended.                                                                       
   ·    Section 4, AS 21.34.030(a) - Workers compensation                                                                       
        written in  the surplus line  market, which  replaces                                                                   
        "directives"  with  "order".   Order  is  defined  in                                                                   
        statute.                                                                                                                
   ·    Section 5, AS 21.34.170, the monthly report of                                                                          
        surplus lines broker,  removes the requirement  for a                                                                   
        monthly report to be notarized.                                                                                         
   ·    Section 6, AS 21.34.900(9), provides the definition                                                                     
        of wet  marine  and  transportation  insurance.    It                                                                   
        clarifies  that   the  clauses   are  necessary   for                                                                   
        defining that marine insurance operate separately.                                                                      
   ·    Section 8, AS 21.79.040, Alaska Life and Health                                                                         
        Insurance  Guaranty   Association,   addresses   high                                                                   
        deductible health  plans.  She  noted that  employers                                                                   
        have  been  encouraged  to  offer  deductible  health                                                                   
        plans.                                                                                                                  
   ·    Sections 10 & 11, provide regulations and changes to                                                                    
        the definition of  a member as someone  authorized to                                                                   
        write a line of business.                                                                                               
   ·    Sections 15-17, identifies language of the effective                                                                    
        dates.                                                                                                                  
                                                                                                                                
1:52:22 PM                                                                                                                    
                                                                                                                                
In  response to  comments  made  by Committee  members,  Vice                                                                   
Chair  Stoltze  emphasized  that  insurance  concerns  affect                                                                   
everyone and  that it  is an extremely  important aspect  for                                                                   
the State.                                                                                                                      
                                                                                                                                
1:53:25 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer MOVED  Conceptual Amendment  #1.  Vice  Chair                                                                   
Stoltze OBJECTED to hear a description.                                                                                         
                                                                                                                                
Ms.  Hall  explained  that  the language  in  Section  2  was                                                                   
duplicative  of  Sections 9,  12  & 13.    The intent  is  to                                                                   
clarify  the  calculation  of   retaliatory  fees  to  negate                                                                   
premium tax credit.  The amendment  requests that duplicative                                                                   
language be  deleted.  Additionally,  Line 14  addresses high                                                                   
deductible health  plans, making them compliant  with federal                                                                   
statutes.                                                                                                                       
                                                                                                                                
Vice Chair  Stoltze WITHDREW his  OBJECTION.  There  being NO                                                                   
further OBJECTION, conceptual Amendment #1 was adopted.                                                                         
                                                                                                                                
Representative  Hawker  applauded  the  effort  of  Ms.  Hall                                                                   
addressing concerns of the accounting industry.                                                                                 
                                                                                                                                
1:55:27 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  REPORT CS HB 170 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying  note.   There  being NO  OBJECTION,  it was  so                                                                   
ordered.                                                                                                                        
                                                                                                                                
CS HB  170 (FIN)  was reported  out of  Committee with  a "do                                                                   
pass" recommendation and with  zero note #1 by the Department                                                                   
of Community & Economic Development.                                                                                            
                                                                                                                                
1:56:17 PM                                                                                                                    
HOUSE BILL NO. 176                                                                                                            
                                                                                                                                
     An Act creating the Fort Rousseau Causeway State                                                                           
     Historical Park.                                                                                                           
                                                                                                                                
CLIFF STONE,  STAFF, REPRESENTATIVE  PEGGY WILSON,  testified                                                                   
that HB  176 would  create the  Fort Rousseau Causeway  State                                                                   
Historical  Park.   He pointed  out that the  fiscal note  is                                                                   
small in the amount of $16 thousand dollars.                                                                                    
                                                                                                                                
HB 176 establishes  the park with the  corresponding language                                                                   
for the management and uses within its boundaries.                                                                              
                                                                                                                                
   ·    Section 1 - Legislative findings                                                                                        
   ·    Section 2 - Clarifies the purpose & management                                                                          
        responsibilities                                                                                                        
                                                                                                                                
Mr. Stone added  that the creation of the park  is consistent                                                                   
with the  establishment of parks,  as it promotes  growth and                                                                   
development  and  provides  opportunities  for  citizens  and                                                                   
visitors alike.                                                                                                                 
                                                                                                                                
1:59:01 PM                                                                                                                    
                                                                                                                                
Vice Chair  Stoltze noted  that the  Legislature has  taken a                                                                   
philosophical position of not  adding new parks.  He inquired                                                                   
how long  it has been  since a State  park was created.   Mr.                                                                   
Stone remembered  that the  Afognak State  Park was  the last                                                                   
and established in 1990.                                                                                                        
                                                                                                                                
Vice Chair  Stoltze worried  about adding  more State  parks,                                                                   
and  hoped  to  see more  single-use  lands,  opened  up  for                                                                   
multiple uses  & development.   He  acknowledged that  HB 176                                                                   
was fairly benign.                                                                                                              
                                                                                                                                
REPRESENTATIVE PEGGY WILSON, SPONSOR,  noted her appreciation                                                                   
for scheduling a hearing on the bill.                                                                                           
                                                                                                                                
2:01:38 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer shared concerns  voiced by Vice Chair Stoltze,                                                                   
locking up lands,  making them unavailable for  development &                                                                   
private ownership.   He realized that the land  requested has                                                                   
historical advantage.                                                                                                           
                                                                                                                                
Mr. Stone  stated that the Army  Corp of Engineers,  with the                                                                   
onset  of  World  War  II,  connected  about  seven  islands,                                                                   
placing tons of material, making  a causeway connecting them.                                                                   
There   are  now   several   concrete   buildings  with   gun                                                                   
emplacements still  standing.  The plan is to  offer the park                                                                   
as  a  destination  to  tourists.    He  believed  that  with                                                                   
controlled management, it would  be more adaptable to tourist                                                                   
trade.                                                                                                                          
                                                                                                                                
2:04:50 PM                                                                                                                    
                                                                                                                                
Representative  Wilson  spoke   about  the  actual  property,                                                                   
noting that it had been a defense  sight for Alaska and Sitka                                                                   
during that war.                                                                                                                
                                                                                                                                
Representative  Thomas  commented   on  the  inadequate  road                                                                   
maintenance in  several of the  State parks in  his district.                                                                   
He  emphasized  for  the  record that  he  was  "jealous"  of                                                                   
providing funding for a park in Sitka.                                                                                          
                                                                                                                                
2:07:01 PM                                                                                                                    
                                                                                                                                
DEBORAH  LYONS,  (TESTIFIED  VIA  TELECONFERENCE),  EXECUTIVE                                                                   
DIRECTOR, SITKA TRAIL WORKS, SITKA,  testified in favor of HB
176, an  Act creating the  Fort Rousseau Causeway  Historical                                                                   
State  Park.    Sitka  Trail   Works  has  over  300  member-                                                                   
households and  is in a  partnership Memorandum  of Agreement                                                                   
with the City and Borough of Sitka.                                                                                             
                                                                                                                                
Ms. Lyons  pointed out that Sitka  Trail Works is  taking the                                                                   
initiative to  find funds to  help restore the  historic Fort                                                                   
Rousseau for  the public benefit.   It is important  that the                                                                   
capital investment being made  into historic Fort Rousseau is                                                                   
protected and  conserved through permanent management  of the                                                                   
area, which having a State park status provides.                                                                                
                                                                                                                                
The idea of the  project would be to renovate  the 8,000 foot                                                                   
causeway road  as a hiking trail  to view the  historic World                                                                   
War II  structures.  Visitors  to the park would  learn about                                                                   
Alaska's role in  World War II, while enjoying  a spectacular                                                                   
scenic setting.  She summarized the financial plan.                                                                             
                                                                                                                              
For  the   record,  Ms.  Lyons   reiterated  the   goals  and                                                                   
objectives,   which  are  included   in  the  Fort   Rousseau                                                                   
Development  plan.    The  plan   lays  out  the  development                                                                   
objectives and  goes on to estimate the  approximate revenues                                                                   
that could be earned from tours  on the site.  Revenues would                                                                   
pay  for future  maintenance  and hopefully  generate  enough                                                                   
revenue to support other State Parks in the system.                                                                             
                                                                                                                                
Ms. Lyons outlined the project development goals:                                                                               
                                                                                                                                
   ·    Restore local recreational opportunities                                                                                
   ·    Preserve and interpret State and national history                                                                       
   ·    Provide a quality visitor experience, compatible                                                                        
        with community values                                                                                                   
   ·    Honor and accommodate Sitka Tribe of Alaska concerns                                                                    
                                                                                                                              
Ms. Lyons continued highlighting the objectives:                                                                                
                                                                                                                                
   ·    Make the area clean, safe and accessible so that it                                                                     
        can be enjoyed in its present state.                                                                                    
   ·    Perform the necessary environmental, cultural and                                                                       
        historic surveys and site mapping to document                                                                           
        current conditions.                                                                                                     
   ·    Produce a site plan and an interpretation plan to                                                                       
        guide the capital investment and development of the                                                                     
        area.                                                                                                                   
   ·    Secure the capital investments needed to install the                                                                    
        dock  &  interpretative  signage,  complete  historic                                                                   
        building     restoration,      construct      visitor                                                                   
        center/administration building,  and repair  portions                                                                   
        of the causeway road.                                                                                                   
                                                                                                                                
Ms. Lyons noted  that Senator Stevens specifically  named the                                                                   
World  War  II Causeway  project  as  eligible to  apply  for                                                                   
federal funding.   In 2005, the  area was awarded a  grant of                                                                   
$140.7  thousand   dollars  to  begin  work   renovating  the                                                                   
causeway.  She pointed out that  $60 thousand dollars of that                                                                   
grant had  been given to the  State of Alaska,  Department of                                                                   
Natural  Resources   and  the  State  Historic   Preservation                                                                   
office, to  pay for the  necessary site mapping  and cultural                                                                   
resources  survey  and  inventory.     Another  $14  thousand                                                                   
dollars was used for Phase I,  an environmental assessment to                                                                   
determine  current  levels  of   hazardous  materials.    The                                                                   
remainder  of the  Alaska Trail  Initiative  grant funds  was                                                                   
used to pay for clean up of the causeway.                                                                                       
                                                                                                                                
Ms. Lyons urged passage of the bill.                                                                                            
                                                                                                                                
Vice Chair Stoltze  pointed out that Haines  does not receive                                                                   
cruise ship  traffic like  Sitka.  He  proposed that  some of                                                                   
the  proceeds  from the  park  help  support Fort  Seward  in                                                                   
Haines.   Ms. Lyons  understood that  any collected  revenues                                                                   
from the  State park, would go  into the General Fund,  to be                                                                   
used for all statewide parks.   She hoped that the park would                                                                   
be  successful  and  be  able to  raise  revenue  to  sustain                                                                   
itself.                                                                                                                         
                                                                                                                                
2:14:11 PM                                                                                                                    
                                                                                                                                
BRIAN  HANSEN,  (TESTIFIED  VIA   TELECONFERENCE),  BOARD  OF                                                                   
DIRECTORS,  SITKA TRAIL  WORKS, SITKA,  testified in  support                                                                   
for  establishing the  State park  in Sitka.   He  encouraged                                                                   
that the area be saved as a historical & cultural park.                                                                         
                                                                                                                                
2:17:01 PM                                                                                                                    
                                                                                                                                
MARLENE CAMPBELL, (TESTIFIED VIA  TELECONFERENCE), GOVERNMENT                                                                   
RELATION  DIRECTOR,  CITY AND  BOROUGH  OF SITKA,  noted  the                                                                   
Advisory Board  and the citizens  of Sitka have  been working                                                                   
on getting the causeway into some  kind of protective status.                                                                   
To date, it  has been passively managed by  the Department of                                                                   
Transportation  &  Public  Facilities  and  has  fallen  into                                                                   
disrepair.  Local citizens have  attempted to develop it as a                                                                   
part of  the City; however, the  only vehicle to  protect the                                                                   
treasure,  would  be through  the  State  park system.    She                                                                   
emphasized that it is not controversial in Sitka.                                                                               
                                                                                                                                
Ms. Campbell commented that the  park is unique as a historic                                                                   
site and  consists of  58 acres  of connected little  islands                                                                   
with trails  between the areas.   The future of  the causeway                                                                   
will be  bright if  State Parks  does assume  it.   She urged                                                                   
passage of the project through the bill.                                                                                        
                                                                                                                                
2:20:02 PM                                                                                                                    
                                                                                                                                
HARVEY  BRANDT,   (TESTIFIED  VIA  TELECONFERENCE),   RETIRED                                                                   
HISTORY  TEACHER,  SITKA, urged  passage  of  the bill.    He                                                                   
commented  that action  would acknowledge  the importance  of                                                                   
the greatest  naval  battle in  the history  of America.   He                                                                   
worried  about  the  deterioration   of  the  facility.    He                                                                   
guaranteed that it would be used only as a park.                                                                                
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                       
                                                                                                                                
2:22:35 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer   asked  if   additional  funding   would  be                                                                   
required.  Mr.  Stone explained that funds had  been approved                                                                   
by the  U.S. Department  of Transportation appropriation  for                                                                   
$200 thousand dollars this fiscal year.                                                                                         
                                                                                                                                
Co-Chair Meyer questioned if there  would be capital costs to                                                                   
the State.  Mr. Stone did not know of any capital requests.                                                                     
                                                                                                                                
Vice Chair Stoltze asked about  prohibiting incompatible land                                                                   
and water uses.                                                                                                                 
                                                                                                                                
MELANIE  LESH,  LEGISLATIVE LIAISON,  DEPARTMENT  OF  NATURAL                                                                   
RESOURCES,  explained that  the  existing uses  for the  park                                                                   
would  be allowed,  as opposed  to a public  use area,  which                                                                   
offers greater allowances for  multiple uses.  State parks do                                                                   
restrict uses.                                                                                                                  
                                                                                                                                
Vice  Chair   Stoltze  noted  that  he   preferred  multi-use                                                                   
designations  for parks;  however, thought  that the  concept                                                                   
could work  well for Sitka since  they cannot log or  mine in                                                                   
that area.  Mr. Stone provided  an example of an incompatible                                                                   
use,  discharging  firearms.   Vice  Chair  Stoltze  inquired                                                                   
about access without a permit.                                                                                                  
                                                                                                                                
2:27:52 PM                                                                                                                    
                                                                                                                                
Representative  Thomas asked  if  the park  could be  created                                                                   
before  the  land  was transferred  from  the  Department  of                                                                   
Transportation  &  Public  Facilities to  the  Department  of                                                                   
Natural Resources.  Ms. Lesh explained  that it could be with                                                                   
the legal description contained  in the proposed legislation.                                                                   
The  bill  authorizes  the transfer.    There  are  questions                                                                   
regarding  the ownership  of the causeway  portion of  lands.                                                                   
She pointed  out that  the Department  is in an  inner-agency                                                                   
land transfer arrangement, which can take a long time.                                                                          
                                                                                                                                
MICHAEL  EBERHARDT,  SUPERINTENDENT, SOUTHWAST,  DIVISION  OF                                                                   
PARKS   AND  OUTDOOR   RECREATION,   DEPARTMENT  OF   NATURAL                                                                   
RESOURCES, explained that currently,  the land is State owned                                                                   
and is classified.  If it were  not State land, the action of                                                                   
the  Legislature   could  automatically  revert   it  to  the                                                                   
Department  of   Natural  Resources.     The  Department   of                                                                   
Transportation  & Public  Facilities  and  the Department  of                                                                   
Natural Resources transfer would be strictly internal.                                                                          
                                                                                                                                
2:30:55 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  asked  if  there  was a  list  of  the                                                                   
current uses  for that  land.   Mr. Eberhardt explained  that                                                                   
there  have been  many public  meetings  in Sitka  discussing                                                                   
public uses; however,  there is no list.  He  hoped to create                                                                   
a management  plan.  The Sitka  Trail Works has come  up with                                                                   
some non-consumptive  uses.  Creating a prohibitive  use list                                                                   
is not  taken lightly.   Issues  that could  change would  be                                                                   
commercial use.  Permitting use  for commercial gain would be                                                                   
administered through the Department.                                                                                            
                                                                                                                                
Representative Kelly asked about  less restrictive categories                                                                   
like  recreational   use.    Mr.  Eberhardt   did  not  know.                                                                   
Representative  Kelly  worried  about the  people  using  the                                                                   
areas  in other  ways that  could  become restricted  through                                                                   
passage of the bill.                                                                                                            
                                                                                                                                
2:34:00 PM                                                                                                                    
                                                                                                                                
Representative Wilson  explained that because the  area is so                                                                   
close  to the  airport,  no hunting  has  ever been  allowed.                                                                   
She did  not anticipate a  lot happening that  previously had                                                                   
not  happened before  because of  the airport  location.   To                                                                   
date, there  has been no  commercial use.   The intent  is to                                                                   
make it a tour spot location.   The anticipated income should                                                                   
be more than the requested funding.                                                                                             
                                                                                                                                
Mr. Stone acknowledged that a  State park versus recreational                                                                   
area was  a valid  point.   Ms. Campbell  commented that  the                                                                   
State  Park Advisory  Board  looked at  all  the options  and                                                                   
determined that a recreational  area would not be appropriate                                                                   
for  the  historical  site.   The  area  contains  tremendous                                                                   
assets  and  it needs  to  be  maintained.   There  are  many                                                                   
buildings  on  the  eight  islands.   She  commented  on  the                                                                   
deterioration  on the structures  on the  islands.   The City                                                                   
did  not pursue  the  recreational  site, as  the  management                                                                   
would  not enable  the City to  take care  of the  historical                                                                   
structures.    She  stressed  that  the  area  is  small  and                                                                   
specialized as a historical site.                                                                                               
                                                                                                                                
2:39:39 PM                                                                                                                    
                                                                                                                                
Vice Chair Stoltze  noted that he did have  concerns with the                                                                   
"restrictive use" of the land  but that he would not hold the                                                                   
bill up.  He wanted to know that  people understand what they                                                                   
are getting into with State park management.                                                                                    
                                                                                                                                
Representative  Thomas  echoed  concerns  mentioned  by  Vice                                                                   
Chair  Stoltze.   He  referenced troubles  in  his area  with                                                                   
traditional use prohibitions.                                                                                                   
                                                                                                                                
Representative  Foster noted that  he had  no State  parks in                                                                   
his area;  however, the federal  park rangers in his  area do                                                                   
not work  well with  the locals  because they carry  weapons.                                                                   
He asked  if a  State park  ranger always  carries a  weapon.                                                                   
Mr. Eberhardt replied that when  they are on duty, they do at                                                                   
all times.   They are  required to by  the State  Troopers in                                                                   
order   to    assist   in    law   enforcement    activities.                                                                   
Representative Foster worried about guns being carried.                                                                         
                                                                                                                                
Representative   Crawford  applauded   the   intent  of   the                                                                   
legislation and the preservation of the historical sight.                                                                       
                                                                                                                                
Representative  Kelly  echoed  sentiments  of  Representative                                                                   
Foster about gun carrying officers.                                                                                             
                                                                                                                                
2:48:22 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  REPORT CS HB 176 (RES) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  176 (RES)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendation   and  with  fiscal  note   #1  by  the                                                                   
Department of Natural Resources.                                                                                                
                                                                                                                                
2:49:40 PM                                                                                                                    
                                                                                                                                
CS FOR SENATE BILL NO. 123(FIN)                                                                                               
                                                                                                                                
     An Act relating  to the public employees'  and teachers'                                                                   
     defined  benefit  retirement   plans;  relating  to  the                                                                   
     public  employees'  and teachers'  defined  contribution                                                                   
     retirement  plans; relating  to the judicial  retirement                                                                   
     system;   relating    to   the   health    reimbursement                                                                   
     arrangement  plan   for  certain  teachers   and  public                                                                   
     employees;   relating  to   the  supplemental   employee                                                                   
     benefit  program;  relating  to  the  public  employees'                                                                   
     deferred   compensation  program;   relating  to   group                                                                   
     insurance  for  public employees  and  retirees;  making                                                                   
     conforming  amendments; and  providing for an  effective                                                                   
     date.                                                                                                                      
                                                                                                                                
Representative  Hawker   MOVED  to  ADOPT  work   draft  #25-                                                                   
GS1004\M,  Chenoweth, 4/17/07,  as  the version  of the  bill                                                                   
before  the Committee.    There being  NO  OBJECTION, it  was                                                                   
adopted.                                                                                                                        
                                                                                                                                
ANNETTE  KREITZER,   COMMISSIONER  DESIGNEE,   DEPARTMENT  OF                                                                   
ADMINISTRATION, introduced the retirement manager, Ms. Lea.                                                                     
                                                                                                                                
KATHY  LEA, RETIREMENT  MANAGER, DIVISION  OF RETIREMENT  AND                                                                   
BENEFITS,  DEPARTMENT OF ADMINISTRATION,  distributed  a copy                                                                   
of  the presentation,  Technical  Bill  Overview.   (Copy  on                                                                   
File),  which provides  a highlight  of the  bill; a more  in                                                                   
depth view can  be found in the sectional analysis.   Many of                                                                   
the provisions are  currently in place.  SB  123 carries many                                                                   
provisions from  last session's, HB  475.  The bill  has been                                                                   
reviewed  by  the  Department   of  Law  &  the  Division  of                                                                   
Retirement and Benefits.                                                                                                        
                                                                                                                                
The purpose  of the bill  is to insure  that the  benefits of                                                                   
the Contribution  Retirement Plan  are provided as  they were                                                                   
intended by  the Legislature.   It updates provisions  of the                                                                   
Defined  Benefit Plan  (DB) for compliance  with the  Federal                                                                   
Pension  Protection  Act  of  1986.   The  Division  will  be                                                                   
submitting an application for  requalification of the DB Plan                                                                   
in 2008.                                                                                                                        
                                                                                                                                
Ms. Lea  pointed out  that the bill  also amends  and/or adds                                                                   
sections  to provide  for the  appropriate administration  of                                                                   
the plan.  The legislation is divided into three areas.                                                                         
                                                                                                                                
  ·    Changes to the defined contribution retirement plan                                                                      
   ·    Changes to the defined benefit plan                                                                                     
   ·    Administrative and accounting changes                                                                                   
                                                                                                                                
2:54:11 PM                                                                                                                    
                                                                                                                                
Ms.  Lea   explained   that  the  changes   to  the   Defined                                                                   
Contribution Retirement Plan (DC) are:                                                                                          
                                                                                                                                
   ·    Occupational    disability    and    death    benefit                                                                   
        administration and funding                                                                                              
   ·    Employer participation                                                                                                  
   ·    Member participation                                                                                                    
   ·    Internal Revenue Code (IRC) contribution limits                                                                         
                                                                                                                                
Ms.  Lea noted  that funding  was inserted  for the  Teachers                                                                   
Retirement  System (TRS)  but  not for  the Public  Employees                                                                   
Retirement  System  (PERS).    She  pointed  out  the  annual                                                                   
inflation proofing,  providing the  lesser of 75%  disability                                                                   
or a 50% survivor rate.                                                                                                         
                                                                                                                                
Ms. Lea listed characteristics  of the occupational death and                                                                   
disability:                                                                                                                     
                                                                                                                                
   ·    Periods of disability and survivor benefits                                                                             
        constitute membership service for retirement/medical                                                                    
        eligibility                                                                                                             
   ·    Members or survivors are not entitled to individual                                                                     
        accounts until retirement                                                                                               
   ·    Medical cost share at normal retirement, regardless                                                                     
        of age.                                                                                                                 
                                                                                                                                
2:58:25 PM                                                                                                                    
                                                                                                                                
Ms.  Lea  noted  that  the  employer  participation  provides                                                                   
participation   and  termination   authority  for   new  PERS                                                                   
employers;  it   establishes  a  time  limit   on  conversion                                                                   
election period  for employees; and assigns  employer retiree                                                                   
health  contributions  to the  Alaska Retiree  Health  Trust.                                                                   
The   bill  addresses   member   participation,  adding   the                                                                   
Governor,  Lieutenant Governor  & Legislators  as members  of                                                                   
the DC  plan.  It  clarifies that DB  members, hiring  with a                                                                   
new DC-only employer, participates in the DC plan.                                                                              
                                                                                                                                
3:01:17 PM                                                                                                                    
                                                                                                                                
The bill also clarifies that a  former DB member who does not                                                                   
reinstate  service before  July 1,  2010, will  be a DC  plan                                                                   
member if reemployed  after that date.  It  specifies how the                                                                   
IRC & 415© limit affects payment  of the conversion match for                                                                   
DB to DC transfers.                                                                                                             
                                                                                                                                
The IRC compliance allows:                                                                                                      
                                                                                                                                
   ·    Disabled members to receive 100% vested in employer                                                                     
        contributions                                                                                                           
   ·    Survivor retirement benefit funded from Occupational                                                                    
        D&D fund                                                                                                                
   ·    USERRA Compliance                                                                                                       
   ·    415©, contribution limits of the contributions on                                                                       
        behalf of the survivors and voluntary employee                                                                          
        contributions                                                                                                           
                                                                                                                                
The Defined Benefit Plan.                                                                                                     
                                                                                                                                
The Pension  Protection Act  updates rollover provisions  and                                                                   
includes  a  ROTH IRA  as  of  January,  2008; it  allows  an                                                                   
alternate  payee to  rollover  contributions  and requires  a                                                                   
rollover of  pre/post tax contributions  to be  accounted for                                                                   
separately by the receiving plan.                                                                                               
                                                                                                                                
Ms. Lea discussed that the employer  participation would be a                                                                   
normal cost  and past  service rates  apply to total  payroll                                                                   
dollars,  while   establishing  a  deadline   for  terminated                                                                   
employers to  pay termination costs.   It allows the  plan to                                                                   
intercept  other  State  funds  for  payments  of  delinquent                                                                   
contributions  and  codifies the  use  of forfeitures  to  be                                                                   
applied  to future employer  contributions.   It repeals  the                                                                   
ability  to  reinstate  service  for  conditional  or  public                                                                   
service benefits as  of July 2010.  DB members  who hire with                                                                   
a DC only  employer, participates  in the DC plan  and former                                                                   
DB members who do not reinstate  by July 2010, are DC members                                                                   
upon rehiring.                                                                                                                  
                                                                                                                                
In regard  to new  trusts, the  Alaska retiree health  trusts                                                                   
are:                                                                                                                            
                                                                                                                                
  ·    Alaska Retirement Management Board (ARMB) Trustees                                                                       
   ·    Commissioner of Administration                                                                                          
   ·    Receives ER health contributions                                                                                        
   ·    Pays retiree medical premiums                                                                                           
                                                                                                                                
The  administrative   language  removes  National   Education                                                                   
Association (NEA) as an eligible  employer and removes Social                                                                   
Security tax  wage base  cap from  the employee and  employer                                                                   
contribution.  It conforms the  administrator's duties across                                                                   
plans.                                                                                                                          
                                                                                                                                
Ms.  Lea   noted  that   in  the  administrative   functions,                                                                   
authority is returned  to the Commissioner of  the Department                                                                   
of Administration  to adopt regulations for  the Supplemental                                                                   
Benefits System  (SBS), DC &  Health Reimbursement  Act (HRA)                                                                   
plans.   It provides  the Office  of Administrative  Hearings                                                                   
(OAH)  authority to  hear appeals  for  the SBS,  DC and  HRA                                                                   
plans and  provides OAH authority  to hear PERS/TRS  requests                                                                   
for waivers of adjustment.                                                                                                      
                                                                                                                                
Ms. Lea summarized the bill:                                                                                                    
                                                                                                                                
   ·    Allows the State to administer benefits intended by                                                                     
        the Legislature                                                                                                         
   ·    Provides funding mechanisms for all benefits                                                                            
   ·    Addresses IRC requirements                                                                                              
   ·    Removes administrative ambiguities                                                                                      
                                                                                                                                
3:15:17 PM                                                                                                                    
                                                                                                                                
MICHAEL   LAMB,   (TESTIFIED   VIA   TELECONFERENCE),   CHIEF                                                                   
FINANCIAL  OFFICER, FAIRBANKS  NORTH STAR BOROUGH,  testified                                                                   
in  opposition to  Sections 1  and  24.   He maintained  that                                                                   
administrative  plans would  take time  and funding  that the                                                                   
State does not have.  He stated  that the administrator could                                                                   
take funds  without due  process.   The language claims  that                                                                   
the  administrator can  take other  government funds  without                                                                   
due  process.   He  maintained  that an  administrator  could                                                                   
interrupt  a government's  revenue stream;  he asserted  that                                                                   
the bill  is too  "heavy handed"  & would  lead to  financial                                                                   
destabilization of local governments.                                                                                           
                                                                                                                                
Mr.   Lamb    addressed   Sections   72-74,    dealing   with                                                                   
terminations.   He  encouraged scrutiny  of language  calling                                                                   
for unlimited  termination costs extracted from  an employer.                                                                   
He added  that deadlines also  need scrutiny, to  prevent the                                                                   
abuse  without preventing  all good  and bad  changes to  the                                                                   
system.    He stated  that  the  bill proposes  far  reaching                                                                   
changes & policy determinations.   Mr. Lamb cautioned against                                                                   
pitting boroughs against the cities within its boundary.                                                                        
                                                                                                                                
3:20:50 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  commented  on  the  "intercept".    He                                                                   
questioned what  would happen if  a single rate  was accepted                                                                   
and  someone  did  not  pay  in.     He  wondered  about  the                                                                   
difficulty  of providing proof.   Mr.  Lamb noted that  there                                                                   
are two  issues, pointing to  the termination  sections which                                                                   
apply.  If a rate were set at  22%, anything above the normal                                                                   
cost  rate would  not  be the  responsibility  of the  member                                                                   
employers.  The  question is, should the language  be applied                                                                   
to  all  possibilities.    He  thought  it  should  not,  but                                                                   
instead, due  process.  He  questioned justification  of 22%.                                                                   
There are  few communities  that have not  paid the  rate put                                                                   
forth  by the State.   He  noted concern  that conflict  will                                                                   
happen; the language needs to be more specific.                                                                                 
                                                                                                                                
3:26:15 PM                                                                                                                    
                                                                                                                                
Commissioner Kreitzer knew that  there were provisions in the                                                                   
legislation that  the municipalities  would not like  such as                                                                   
the intercept  funds.   The State  already  does that,  if an                                                                   
employer  does not  pay their  unemployment  insurance.   She                                                                   
observed  that the  legislation  is not  intended  to be  the                                                                   
State going  after someone's mortgage.   She offered  to have                                                                   
someone from the Department address  due process.  When money                                                                   
is due, there is a long process  of letters and communication                                                                   
before the  State takes  other recourse.   The State  can sue                                                                   
the  community,  but the  legislation  does allow  a  payment                                                                 
plan.                                                                                                                           
                                                                                                                                
Vice  Chair  Stoltze  appreciated   the  constructive  "tone"                                                                   
voiced  by the  Fairbanks  testimony.   He  commented on  the                                                                   
unhealthy approach taken by the Alaska Municipal League.                                                                        
                                                                                                                                
                                                                                                                                
AT EASE:       3:28:40 PM                                                                                                     
RECONVENED:    3:40:03 PM                                                                                                     
                                                                                                                                
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                       
                                                                                                                                
Commissioner  Kreitzer  addressed  the  fiscal  notes.    She                                                                   
pointed out  the new  note request  (4/13/07), FY08  for $108                                                                   
thousand  dollars, which  will cover  programming costs.   It                                                                   
would  be the  same for  FY09, split  among PERS,  TRS &  the                                                                   
Judicial Retirement System (JRS).                                                                                               
                                                                                                                                
Representative  Nelson asked  if a person  was on  disability                                                                   
coverage  as a Tier  4 employee,  would they  be eligible  to                                                                   
receive  health  insurance.   Ms.  Lea  explained that  a  DC                                                                   
employee   does  not   have   medical  insurance   while   on                                                                   
disability.                                                                                                                     
                                                                                                                                
Representative Foster MOVED to  REPORT CS SB 123 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS CS SB 123 (FIN) was reported  out of Committee with a "do                                                                   
pass"  recommendation  and with  a  new  fiscal note  by  the                                                                   
Department  of   Administration  and   a  zero  note   #2  by                                                                   
Department of Administration.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:44 P.M.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects