Legislature(2007 - 2008)

03/25/2008 02:40 PM House FIN


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                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 25, 2008                                                                                            
                         2:40 P.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer  called the  House Finance  Committee meeting                                                                    
to order at 2:40:19 PM.                                                                                                       
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Harry Crawford                                                                                                   
Representative John Harris                                                                                                      
Representative Mary Nelson                                                                                                      
                                                                                                                                
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Craig  Johnson; Representative  Carl  Gatto;                                                                    
Rachel  Lewis,   Project  Coordinator,   Unclaimed  Property                                                                    
Section,   Tax  Division,   Department  of   Revenue;  Frank                                                                    
Richards,   Deputy  Commissioner   of   Highways  &   Public                                                                    
Facilities,   Department   of  Transportation   and   Public                                                                    
Facilities;    Greg   Winegar,    Director,   Division    of                                                                    
Investments, Department of  Commerce, Community and Economic                                                                    
Development                                                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Jim Hemsath,  Deputy Director, Alaska  Energy Administration                                                                    
(AEA),   Anchorage;    Wilfred   Ryan,    Federal   Aviation                                                                    
Association   (FAA);   Wilfred    Ryan,   Federal   Aviation                                                                    
Administration (FAA);  Karen Casanovas, Alaska  Air Carriers                                                                    
Association; Joe Pearson,  Alaska Airmen's Association; Jere                                                                    
Hayslett, Federal Aviation Administration (FAA)                                                                                 
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 49     An   Act   relating    to   credit   memos,   gift                                                                    
          certificates,  and gift  cards,  and to  unclaimed                                                                    
          property; and  making a violation of  certain gift                                                                    
          card prohibitions an unlawful trade practice.                                                                         
                                                                                                                                
          CS HB 49 (FIN) was  reported out of Committee with                                                                    
          a "no  recommendation" and with new  zero notes by                                                                    
          the Department  of Revenue  and the  Department of                                                                    
          Law.                                                                                                                  
                                                                                                                                
HB 336    An Act  directing the  Alaska Energy  Authority to                                                                    
          conduct a study  of and to prepare  a proposal for                                                                    
          an     appropriately    sized     Susitna    River                                                                    
          hydroelectric power project;  and providing for an                                                                    
          effective date.                                                                                                       
                                                                                                                                
          CS  HB 336  (RES)  was reported  out of  Committee                                                                    
          with  a "do  pass" recommendation  and with  a new                                                                    
          fiscal  note by  the House  Finance Committee  for                                                                    
          the   Department   of  Commerce,   Community   and                                                                    
          Economic Development.                                                                                                 
                                                                                                                                
HB 418    An Act  providing notice of and  authorization for                                                                    
          the Department  of Administration to enter  into a                                                                    
          lease-purchase  agreement  for  the  construction,                                                                    
          the purchase of equipment,  and the financing of a                                                                    
          fish hatchery  in Anchorage to be  operated by the                                                                    
          Department  of  Fish  and Game;  relating  to  the                                                                    
          issuance of certificates  of participation for the                                                                    
          fish  hatchery;   authorizing  payments   for  the                                                                    
          lease-purchase   agreement   from  sport   fishing                                                                    
          facility  license  surcharge   fees;  relating  to                                                                    
          capital   lease   financing   of   sport   fishing                                                                    
          facilities; and providing for an effective date.                                                                      
                                                                                                                                
          HB 418 was SCHEDULED but not HEARD.                                                                                   
                                                                                                                                
SB 249    An Act  establishing the Alaska  capstone avionics                                                                    
          revolving loan fund and relating  to the fund; and                                                                    
          providing for an effective date.                                                                                      
                                                                                                                                
          SB 249 was  HEARD & HELD in  Committee for further                                                                    
          consideration.                                                                                                        
                                                                                                                                
2:42:06 PM                                                                                                                    
HOUSE BILL NO. 336                                                                                                            
                                                                                                                                
     An  Act  directing  the   Alaska  Energy  Authority  to                                                                    
     conduct a  study of  and to prepare  a proposal  for an                                                                    
     appropriately sized  Susitna River  hydroelectric power                                                                    
     project; and providing for an effective date.                                                                              
                                                                                                                                
[RECORDING  EQUIPMENT   FAILURE     MUCH  OF   RECORDING  IS                                                                    
INAUDIBLE]                                                                                                                      
                                                                                                                                
REPRESENTATIVE  CRAIG   JOHNSON,  SPONSOR,   introduced  his                                                                    
staff, Debbie Higgins.  He  pointed out the letter contained                                                                    
in the  member's packet  itemizing the  breakdown of  the $1                                                                    
million dollar expenditure.  (Copy on File).                                                                                    
                                                                                                                                
Representative  Johnson requested  questions be  directed to                                                                    
the Alaska Energy  Authority (AEA) & urged  quick passage of                                                                    
the bill.                                                                                                                       
                                                                                                                                
2:43:57 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer asked AEA's position  on the study for moving                                                                    
the project forward.                                                                                                            
                                                                                                                                
2:45:26 PM                                                                                                                    
                                                                                                                                
JIM HEMSATH, DEPUTY DIRECTOR  FOR DEVELOPMENT, ALASKA ENERGY                                                                    
AUTHORITY (AEA),  ANCHORAGE (Testified  via teleconference),                                                                    
responded that  the Susitna  Dam study  is one  component of                                                                    
the long  range State plan.   The  plan has some  history in                                                                    
people's  minds  and  could   be  a  significant  player  in                                                                    
determining alternative  energy statewide  costs.   There is                                                                    
no way  to determine if  it will  be successful until  it is                                                                    
complete and defines the  engineering information and update                                                                    
cost determinations.                                                                                                            
                                                                                                                                
2:46:14 PM                                                                                                                    
                                                                                                                                
Representative  Hawker thanked  AEA  for   flushing out  the                                                                    
cost  proposal,  indicating  his  support; however,  pointed                                                                    
out that  the fiscal  note requests  a selection  from AEA's                                                                    
approved contractors.   He reminded member's  that these are                                                                    
public  funds  and  there  are  procurement  concerns.    He                                                                    
worried the wording would preclude  some Alaska bidders from                                                                    
the  process &  he  urged that  AEA  provide every  possible                                                                    
opportunity for Alaska hire.                                                                                                    
                                                                                                                                
Representative  Gara  requested  a  review  of  the  studies                                                                    
already  done.   He wanted  to make  sure that  past reviews                                                                    
compare the costs  of power to the costs  of other potential                                                                    
projects such  as the  gas or bullet  line.   He recommended                                                                    
comparisons be made  and asked if the  sponsor would support                                                                    
that.                                                                                                                           
                                                                                                                                
Representative  Johnson was  concerned with  increased costs                                                                    
when   comparing  studies.     The   bill  provides   for  a                                                                    
cornerstone  of an  alternative energy  plan for  the State.                                                                    
He was already hesitant to  ask the Committee for $1 million                                                                    
dollars, adding that when the  review is complete, the costs                                                                    
will clearly  be known.   He  did not think  HB 336  was the                                                                    
vehicle to begin studying all energy projects.                                                                                  
                                                                                                                                
Representative Gara  submitted that  the study  and proposal                                                                    
should  not be  undertaken unless  it is  definitely viable.                                                                    
He advised that  the study would not be  useful unless other                                                                    
projects had  also been considered.   Representative Johnson                                                                    
responded  that it  was  not his  intention  to determine  a                                                                    
broad  based energy  component.   The bill  is only  a first                                                                    
step in  the process.   He hoped that the  Legislature could                                                                    
scrutinize other alternatives not included in HB 336.                                                                           
                                                                                                                                
2:51:48 PM                                                                                                                    
                                                                                                                                
Representative  Gara  referenced  Line  8,  with  regard  to                                                                    
conducting a  study and preparing  a proposal.   He wondered                                                                    
if  this  project  made  more  sense  than  other  statewide                                                                    
proposals   and   encouraged   that   all   be   considered.                                                                    
Representative   Johnson  referenced   number  six   on  the                                                                    
accompanying  explanation,   stating  "developing   a  final                                                                    
report"; he did not  oppose amending  proposal  to  report.                                                                     
He  knew  that  the  $1  million  dollars  would  provide  a                                                                    
finished  product.    Representative Gara  agreed  that  the                                                                    
change would help.                                                                                                              
                                                                                                                                
2:53:49 PM                                                                                                                    
                                                                                                                                
Representative  Hawker warned  Representative Johnson  about                                                                    
adopting the  change too  quickly.   He did  not see  how it                                                                    
could flush anything out, and  possibly affecting the fiscal                                                                    
note.  He supported keeping "proposal".                                                                                         
                                                                                                                                
2:54:32 PM                                                                                                                    
                                                                                                                                
Representative  Gara believed  the legislation  could impact                                                                    
the fisheries.  He requested  a summary of the power aspects                                                                    
&  the affect  on the  fisheries.   From the  update of  old                                                                    
reports, there is  indication that there could  be a minimal                                                                    
impact to  fisheries.  Representative Johnson  did not think                                                                    
that was necessary, adding that  a beneficial sideline could                                                                    
result in a recreational fishing lake.                                                                                          
                                                                                                                                
Representative Gara suggested adding  a Letter of Intent and                                                                    
offered  to speak  with the  sponsor at  a later  date.   He                                                                    
maintained  that  he  was  not   comfortable  with  a  study                                                                    
submitted from a few years ago.  [Inaudible]                                                                                    
                                                                                                                                
Representative  Johnson   acknowledged  if  they   had  been                                                                    
comfortable  with  the  Susitna   report,  they  would  have                                                                    
already  started  building.   He  believed  that making  the                                                                    
report would either raise or  decrease the necessary "flags"                                                                    
of potential.                                                                                                                   
                                                                                                                                
2:57:16 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault  commented  on other  alternative  energy                                                                    
projects.    He  recommended  using   those  funds  used  to                                                                    
determine  if the  projects are  viable.   He  asked if  the                                                                    
study  would look  at the  statewide dip-net  fishery areas.                                                                    
Representative  Johnson  laughed,  it could  possibly  be  a                                                                    
hatchery for dip-netting.                                                                                                       
                                                                                                                                
Co-Chair Chenault  referenced the  side by  side comparison,                                                                    
looking  at the  cubic watt  hour output.   He  inquired the                                                                    
current    kilowatt   usage    in    the   Railbelt    area.                                                                    
Representative Johnson did  not know.  He hoped  that one of                                                                    
the responsibilities of the  new Energy Coordinator position                                                                    
would be to outline current consumption.                                                                                        
                                                                                                                                
Co-Chair Chenault  asked about the State's  estimated future                                                                    
use of electricity.                                                                                                             
                                                                                                                                
3:01:16 PM                                                                                                                    
                                                                                                                                
Representative Kelly  agreed with Representative  Gara about                                                                    
using the  "report  language, which  he believed  could make                                                                    
the consultants  reach higher  and  that most of the results                                                                    
would be borrowing information from  AEA.  He suggested that                                                                    
#2  could cover  environmental  concerns.   He commented  on                                                                    
hiring from  outside the  State for  consultants, especially                                                                    
when   the  need   for  specialized   project  understanding                                                                    
sometimes does  not exist within  State; he  supported those                                                                    
hires.    He  encouraged  the   use  of  milestones  in  the                                                                    
legislative determination.   Representative  Johnson agreed,                                                                    
pointing out  that the  2010 date was  included.   The first                                                                    
million  dollars does  not address  all necessary  costs for                                                                    
                                         st                                                                                     
the project.  HB  336 provides only the 1   step.  He wanted                                                                    
to see accountability.                                                                                                          
                                                                                                                                
3:04:44 PM                                                                                                                    
                                                                                                                                
Representative Kelly appreciated that.   He pointed out that                                                                    
other utilities  are required  to provide  periodic studies.                                                                    
He recommended  consulting those  utilities before  making a                                                                    
comparison.                                                                                                                     
                                                                                                                                
3:05:34 PM                                                                                                                    
                                                                                                                                
Representative Gara [inaudible].  He  asked if it was a wise                                                                    
use of funds, pointing out  that AEA is capable of providing                                                                    
information  on existing  studies.   The amount  [$1 million                                                                    
dollars]  is  not enough  to  provide  a full  comprehensive                                                                    
study and  he asked if  Alaskan's really wanted to  run that                                                                    
risk.    Representative  Johnson  replied yes.    The  State                                                                    
should run  the risk of  spending the $1 million  dollars in                                                                    
order to  determine if  it could  be a  viable project.   He                                                                    
said  if it  was a  less than  50% chance,  he would  not be                                                                    
presenting   it.     He  maintained   that  there   is  good                                                                    
information available  and the proposed funding  elevates it                                                                    
to  a higher  level, realizing  it is  a risk  and that  the                                                                    
outcome is not known.  He  concluded that the upside is that                                                                    
it  will  provide a  comparison  to  other projects  on  the                                                                    
table.                                                                                                                          
                                                                                                                                
3:08:27 PM                                                                                                                    
                                                                                                                                
Representative Gara  understood the need for  the assessment                                                                    
request  and asked  for testimony  from the  AEA contracting                                                                    
staff.                                                                                                                          
                                                                                                                                
Mr.  Hemsath  replied  that   there  should  be  significant                                                                    
engineering  and  review  necessary to  determine  the  real                                                                    
numbers.   The study will  attempt to provide a  number with                                                                    
good definition.  By taking  time, upgrading the information                                                                    
and providing the engineering as  it relates to the building                                                                    
size, determining  a cost  in power  & compared  to existing                                                                    
costs of  power.  He  noted the  staff at AEA  is competent,                                                                    
but  does  not  have  the  detailed  engineering  background                                                                    
needed for  the expert study.   The $1 million  dollars will                                                                    
cover the  costs of about  20 senior  professional engineers                                                                    
that can look at the  power aspects, reviewing what has been                                                                    
done in the past and  validate the design envisioned for the                                                                    
next 20-years.                                                                                                                  
                                                                                                                                
3:10:53 PM                                                                                                                    
                                                                                                                                
Representative Gara agreed.  [Inaudible]                                                                                        
                                                                                                                                
Representative  Kelly supported  the  comments  made by  Mr.                                                                    
Hemsath.  He  noted that AEA is a small  group and that they                                                                    
need to  take the requested resources  and hire professional                                                                    
consultants.  He indicated his support for the bill.                                                                            
                                                                                                                                
3:11:52 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer pointed  out that  the Co-Chairs   had taken                                                                    
the liberty  of changing the  funding source for  the fiscal                                                                    
note,   removing  the  funds now  from  the Railbelt  Energy                                                                    
Fund.   Representative  Hawker voiced  support for  the fund                                                                    
source change.   He asked about the  out years, recommending                                                                    
they be zeroed out.   Co-Chair Meyer agreed.  Representative                                                                    
Johnson also agreed.                                                                                                            
                                                                                                                                
3:14:28 PM                                                                                                                    
                                                                                                                                
Representative    Hawker    commented    on    a    previous                                                                    
recommendation for  replacing "proposal" with "report".   He                                                                    
was  uncomfortable  with  using  the  report  and  suggested                                                                    
replacing  it   with  "an  assessment  of   the  viability".                                                                    
Representative  Johnson  acknowledged  that  was  the  goal,                                                                    
being more concise.    Representative Hawker offered another                                                                    
suggestion,  adding   language  "a  report,   assessing  the                                                                    
viability of a project".                                                                                                        
                                                                                                                                
Co-Chair Meyer recommended the change  be given more thought                                                                    
and then made on the House floor.                                                                                               
                                                                                                                                
Representative Kelly  agreed that either phrase  would work.                                                                    
He thought that the options  of consideration were in regard                                                                    
to the implication of a  proposal assessing the viability of                                                                    
the project.  He wanted to examine multiple options.                                                                            
                                                                                                                                
Representative Johnson  hoped that the bill  proposes a good                                                                    
project.   He  anticipated specific  combinations worth  it,                                                                    
for the State to invest and move forward.                                                                                       
                                                                                                                                
3:19:16 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer encouraged that  further discussion occurs on                                                                    
the House floor.                                                                                                                
                                                                                                                                
3:19:30 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED to REPORT  CS HB 336 (RES)  out of                                                                    
Committee with  individual recommendations and with  the new                                                                    
accompanying fiscal note.  There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CS HB  336 (RES) was  reported out  of Committee with  a "do                                                                    
pass"  recommendation and  with  a new  fiscal  note by  the                                                                    
House   Finance  Committee   for  Department   of  Commerce,                                                                    
Community and Economic Development.                                                                                             
                                                                                                                                
3:20:19 PM                                                                                                                    
HOUSE BILL NO. 49                                                                                                             
                                                                                                                                
     An  Act relating  to credit  memos, gift  certificates,                                                                    
     and gift  cards, and to unclaimed  property; and making                                                                    
     a  violation  of  certain  gift  card  prohibitions  an                                                                    
     unlawful trade practice.                                                                                                   
                                                                                                                                
[RECORDING  EQUIPMENT   FAILURE     MUCH  OF   RECORDING  IS                                                                    
INAUDIBLE]                                                                                                                      
                                                                                                                                
Vice-Chair Stoltze  MOVED to  ADOPT work  draft 25-LS0263\L,                                                                    
Bannister, 3/19/08,  as the version  of the bill  before the                                                                    
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
REPRESENTATIVE  CARL   GATTO,  SPONSOR,  pointed   out  that                                                                    
retailers  and banks  have  been  offering electronic  "gift                                                                    
cards"  in response  to growing  consumer demand  for easier                                                                    
and  more convenient  gift options.   He  added that  27% of                                                                    
those receiving gift cards never  use them.  The question is                                                                    
what happens to  those un-used gift cards &  HB 49 addresses                                                                    
that question.  He provided an overview of each section:                                                                        
                                                                                                                                
       Section 1, amends AS 34.45.240 to replace the                                                                         
        original reference to "gift certificate" with "gift                                                                     
        card" and  provides  conforming  amendments  to  the                                                                    
        original statutes structure based on the change.                                                                        
       Section 2, amends AS 34.45.760(8) to provide a                                                                        
        definitional reference  for  the  new definition  of                                                                    
        "gift card" as found in AS 45.45.940.                                                                                   
       Section 3, amends AS 34.45.760(11) to add "gift                                                                       
        cards" as  "intangible  property"  and provides  the                                                                    
        statutory definitional reference for gift cards.                                                                        
       Section 4, creates a new subsection under AS 45.45                                                                    
        to  properly  define   "gift  cards"  and   the  new                                                                    
        definition  covers  previous  references   to  "gift                                                                    
        certificate".    The  new  section  also  identifies                                                                    
        exclusions to the applicability of the new gift card                                                                    
        provisions.                                                                                                             
       Section 5, adds a reference to "gift cards" to                                                                        
        unlawful acts and practices under AS 45.50.471.                                                                         
                                                                                                                                
3:23:20 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  noted last  year's movement on  the bill                                                                    
and  questioned if  the slow-down  resulted from  associated                                                                    
legal  issues.   Representative  Gatto replied  it became  a                                                                    
political  rather  than  legal  issue.   He  had  personally                                                                    
requested that the bill be held.                                                                                                
                                                                                                                                
3:24:12 PM                                                                                                                    
                                                                                                                                
Representative Gatto introduced his staff, Sandra Wilson.                                                                       
                                                                                                                                
Vice-Chair  Stoltze mentioned  a  concern  indicated in  his                                                                    
district with  small business people  that donate  cards and                                                                    
not  differentiating those  from  the ones  they  sell.   He                                                                    
wanted to  guarantee the unused  donations could  be removed                                                                    
from their books after a couple  years.  He did not want any                                                                    
small  business  penalized  because   they  do  not  have  a                                                                    
sophisticated accounting system.                                                                                                
                                                                                                                                
Representative   Gatto   advised   that  often   there   are                                                                    
expiration dates  added to  the donation  cards.   There are                                                                    
exceptions.                                                                                                                     
                                                                                                                                
3:25:57 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze reiterated  that  some smaller  business                                                                    
provide the  same type of card  that they also sell  as gift                                                                    
certificates.   He reiterated the  concern that they  not be                                                                    
penalized.  He  did not want to discourage  donations to the                                                                    
charities.   Representative Gatto recommended they  enter an                                                                    
expiration date on  the card if they want  to donate without                                                                    
risk.                                                                                                                           
                                                                                                                                
Vice-Chair  Stoltze assessed  that would  create extra  work                                                                    
for  the  small  business  person;   he  worried  about  the                                                                    
consumer issues and  thought that they might not  want to go                                                                    
through the  extra step.   He did not  want to see  the bill                                                                    
discouraging  charitable  donations.   Representative  Gatto                                                                    
pointed out that  each business creates their  own cards and                                                                    
he imagined  it would not  be that big of  a step to  add an                                                                    
expiration date to those cards.                                                                                                 
                                                                                                                                
In  response to  Representative  Gara, Representative  Gatto                                                                    
clarified  that  most gift  cards  expire,  especially if  a                                                                    
promotional item.  [Inaudible]                                                                                                  
                                                                                                                                
Representative Gara  commented on  the non profit  status of                                                                    
the donation.                                                                                                                   
                                                                                                                                
3:29:51 PM                                                                                                                    
                                                                                                                                
RACHEL  LEWIS,   PROJECT  COORDINATOR,   UNCLAIMED  PROPERTY                                                                    
SECTION,  TAX DIVISION,  DEPARTMENT OF  REVENUE, offered  to                                                                    
answer questions of  the Committee.  In  response to queries                                                                    
from  Representative Stoltze,  regarding organizations  that                                                                    
donate  for charities,  the gift  cards  do not  have to  be                                                                    
recorded and are a one  time property.  Expiration dates are                                                                    
not  required  and  that  most   business  owners  each  day                                                                    
indicate  more items  gone than  dollars collected.   Often,                                                                    
they  have  a  reconciliation donation  indication  section.                                                                    
The  State of  Alaska  does not  spend  time monitoring  how                                                                    
individual business keeps their books.                                                                                          
                                                                                                                                
Ms. Lewis pointed  out that gift cards do  not have specific                                                                    
correct   accounting   procedures.     She   mentioned   the                                                                    
designation  of  when  a  gift  card is  donated  &  how  to                                                                    
determine if  it had  matured.   She suggested  many options                                                                    
such as  adding stickers or  highlighting them with  a magic                                                                    
marker.   Most  businesses  want  the information  regarding                                                                    
what  comes  back  to  them  as a  result  of  a  charitable                                                                    
donation.   Questions and concerns  can be addressed  by the                                                                    
Tax Division at the Department of Revenue.                                                                                      
                                                                                                                                
3:32:25 PM                                                                                                                    
                                                                                                                                
Co-Chair   Chenault  referenced   tax  deductable   donation                                                                    
received  from a  hotel to  a  non profit,  and asked  about                                                                    
taking that tax deduction.  [Inaudible]                                                                                         
                                                                                                                                
Ms.  Lewis  responded  that  when   a  gift  certificate  is                                                                    
purchased,  there   usually  is  an  expiration   date;  the                                                                    
business  of the  hotel has  the gift  certificate on  their                                                                    
books including the  date.  Most companies  do not fluctuate                                                                    
on  that policy.   With  the example  submitted by  Co-Chair                                                                    
Chenault, the hotel not including  an expiration date, would                                                                    
most  likely honor  it indefinitely.   Usually,  there is  a                                                                    
three  year  deadline,  unless otherwise  disclosed  by  the                                                                    
seller.                                                                                                                         
                                                                                                                                
Co-Chair  Chenault  assumed that  the  hotel,  being a  non-                                                                    
profit, would understand the rules.   He assumed that before                                                                    
a  purchase is  made, it  should be  determined how  long it                                                                    
would be  good for.   He asked  about deducting the  tax for                                                                    
gift certificates.   He thought  that there was  no recourse                                                                    
if the gift  cards were not used except in  a tax deduction.                                                                    
Ms. Lewis commented she was not that familiar with tax law.                                                                     
                                                                                                                                
3:37:17 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze reiterated concerns  for the charity gift                                                                    
cards.  He  asked if there was an out-reach  in place to let                                                                    
small business  know that they have  protection, noting that                                                                    
gift  cards are  such  a common  donation  mechanism and  he                                                                    
wanted  to   make  sure  that  the   accounting  system  was                                                                    
understandable.                                                                                                                 
                                                                                                                                
Ms. Lewis  pointed out  that the Division  does have  a bill                                                                    
for  unclaimed property,  which  clarifies  that every  gift                                                                    
card has to  be used within three years.   The proposed bill                                                                    
better defines  current statute.   She did not  imagine this                                                                    
would hugely impact any business.                                                                                               
                                                                                                                                
3:41:54 PM                                                                                                                    
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
                                                                                                                                
AT EASE:       3:42:23 PM                                                                                                     
RECONVENE:          3:45:40 PM                                                                                                
                                                                                                                                
                                                                                                                                
3:45:51 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED to  REPORT CS HB  49 (FIN)  out of                                                                    
Committee  with  individual  recommendations  and  with  the                                                                    
accompanying  fiscal notes.   There  being NO  OBJECTION, it                                                                    
was so ordered.                                                                                                                 
                                                                                                                                
CS HB  49 (FIN)  was reported  out of  Committee with  a "no                                                                    
recommendation" and  with new zero  notes by  the Department                                                                    
of Revenue and the Department of Law.                                                                                           
                                                                                                                                
SENATE BILL NO. 249                                                                                                           
                                                                                                                                
     An Act establishing the Alaska capstone avionics                                                                           
     revolving loan fund and relating to the fund; and                                                                          
     providing for an effective date.                                                                                           
                                                                                                                                
[RECORDING  EQUIPMENT   FAILURE     MUCH  OF   RECORDING  IS                                                                    
INAUDIBLE]                                                                                                                      
                                                                                                                                
FRANK  RICHARDS, DEPUTY  COMMISSIONER OF  HIGHWAYS &  PUBLIC                                                                    
FACILITIES,   DEPARTMENT   OF  TRANSPORTATION   AND   PUBLIC                                                                    
FACILITIES, discussed SB 249, the  revolving loan fund.  The                                                                    
bill creates a loan fund  within the Department of Commerce,                                                                    
Community and Economic Development.                                                                                             
                                                                                                                                
Mr. Richards  commented that the  purpose of the bill  is to                                                                    
increase safety of aviation  transportation within the State                                                                    
of Alaska by  providing low interest loans  for purchase and                                                                    
installation of  the Capstone  Avionic equipment.   Capstone                                                                    
is  the  next generation  of  technology  to improve  flight                                                                    
safety and  community access in  Alaska.  The  technology is                                                                    
called  "Automatic  Dependent  Surveillance-Broadcast  (ADS-                                                                    
B)",  which allows  aircraft equipped  with the  avionics to                                                                    
interact with  ground infrastructure and  satellite stations                                                                    
to provide  pilots their exact  location, airspeed,  rate of                                                                    
accent and descent, surrounding  terrain, other aircraft and                                                                    
real time  weather.  An  entire package  of data for  a safe                                                                    
flight.                                                                                                                         
                                                                                                                                
Mr. Richards continued,  the Federal Aviation Administration                                                                    
(FAA) sponsored  the technology and  used rural Alaska  as a                                                                    
test bed.  The results  for those aircraft equipped with the                                                                    
new  avionics  had 47%  reduction  in  accidents and  a  33%                                                                    
reduction in fatalities.   The FAA would like  to expand the                                                                    
technology  statewide  and  has  funding to  build  out  the                                                                    
infrastructure.   The concern is  that they  have determined                                                                    
the  need  for 4,000+  aircraft  to  be  equipped.   SB  249                                                                    
creates  a low  interest loan  program within  Department of                                                                    
Commerce,  Community  and  Economic Development  to  provide                                                                    
aircraft  owners unable  to  shoulder  the initial  purchase                                                                    
cost out of pocket with a reasonable loan to use.                                                                               
                                                                                                                                
Mr. Richards concluded the  Department of Transportation and                                                                    
Public Facilities support passage of the bill.                                                                                  
                                                                                                                                
3:49:54 PM                                                                                                                    
                                                                                                                                
GREG WINEGAR, DIRECTOR,  DIVISION OF INVESTMENTS, DEPARTMENT                                                                    
OF COMMERCE,  COMMUNITY AND ECONOMIC  DEVELOPMENT, described                                                                    
the loan program.  The purpose  of the bill is to make loans                                                                    
to aircraft owners that have  a substantial number of flight                                                                    
hours  in Alaska.   The  program would  be established  as a                                                                    
revolving  loan fund.   Additionally,  all of  the operating                                                                    
budget costs  for the program would  be paid for out  of the                                                                    
fund itself.                                                                                                                    
                                                                                                                                
Mr.  Winegar  noted  that  the   bill  stipulates  that  the                                                                    
Department can loan up to 80%  of the cost of purchasing and                                                                    
installing the  avionics.  The anticipated  interest rate is                                                                    
4% for a maximum of ten years.   The goal is to provide loan                                                                    
terms and  payment plan that  is manageable  while providing                                                                    
sufficient cash flow  for the expenses and  then returns the                                                                    
money back to the General Fund.                                                                                                 
                                                                                                                                
Mr.  Winegar  pointed  out that  Department's  fiscal  note,                                                                    
which  proposes to  capitalize the  fund  with $4.8  million                                                                    
dollars, allowing for about 400  loans during the first year                                                                    
and  about 60  per  year after  that.   At  the  end of  the                                                                    
estimated  date,  all  funds both  principle  and  earnings,                                                                    
would return  to the  General Fund.   The note  requests two                                                                    
positions to handle the increased work load.                                                                                    
                                                                                                                                
3:52:26 PM                                                                                                                    
                                                                                                                                
Representative Joule  referred to Global  Positioning System                                                                    
(GPS)  problems in  cars and  wondered  if similar  glitches                                                                    
could  occur  in  the  aircraft   Capstone.    Mr.  Richards                                                                    
understood  that  the   associated  ground  based  computers                                                                    
provide for  a better triangulation.   He directed testimony                                                                    
to someone from the FAA.                                                                                                        
                                                                                                                                
3:54:09 PM                                                                                                                    
                                                                                                                                
WILFRED   RYAN,   FEDERAL  AVIATION   ADMINISTRATION   (FAA)                                                                    
(Testified  via   teleconference),  replied  that   the  GPS                                                                    
systems installed in cars do  not have the same standards as                                                                    
proposed in  the aircraft and  that the tolerances  for that                                                                    
aviation equipment is much tighter and more efficient.                                                                          
                                                                                                                                
Co-Chair  Chenault  asked  if there  would  be  a  remaining                                                                    
balanced when the  program ends in 2020.   He questioned how                                                                    
long the Capstone technology could last.  [Inaudible]                                                                           
                                                                                                                                
Mr.  Richards  replied  that the  Capstone  satellite  based                                                                    
technology coupled with ground-based  FAA monitoring for the                                                                    
aircraft  will likely  last many  years.   Today, the  radar                                                                    
technology used was designed in the  1940's.  The goal is to                                                                    
install  the technology  into commercial  aircraft.   Alaska                                                                    
has been used as the test bed for the technology.                                                                               
                                                                                                                                
3:58:31 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault assumed that the  program would be open to                                                                    
commercial as  well as  private air carriers.   He  asked if                                                                    
there   would  be   a  difference   in  how   it  would   be                                                                    
administered.    Mr.  Winegar answered  there  would  be  no                                                                    
difference.                                                                                                                     
                                                                                                                                
Mr. Richards added that the loan  would be on a  first come,                                                                    
first serve   bases.   The technology  is currently  used in                                                                    
the Southwest and Southeast Alaska for commercial carriers.                                                                     
                                                                                                                                
Co-Chair  Chenault inquired  if the  State Troopers  and the                                                                    
Department  of   Fish  and  Game  qualify.     Mr.  Richards                                                                    
understood  that the  Department of  Fish and  Game had  put                                                                    
forth  a  budget amendment  seeking  the  funding for  their                                                                    
aircraft.                                                                                                                       
                                                                                                                                
Representative Kelly  commented on the  strengths associated                                                                    
with  the  Capstone  avionics.   The  technology  has  taken                                                                    
dramatic steps forward and that  the safety improvements are                                                                    
significant.  He said it  is critical that the State support                                                                    
the  legislation and  those recommendations  put forward  by                                                                    
the FAA.                                                                                                                        
                                                                                                                                
WILFRED   RYAN,   FEDERAL  AVIATION   ADMINISTRATION   (FAA)                                                                    
(Testified  via teleconference),  spoke  in  support of  the                                                                    
legislation.  [Inaudible]                                                                                                       
                                                                                                                                
KAREN CASANOVAS,  DIRECTOR, ALASKA AIR  CARRIERS ASSOCIATION                                                                    
(Testified  via teleconference),  spoke  in  support of  the                                                                    
bill,  which  will  move  the  State  forward  in  improving                                                                    
aviation concerns.                                                                                                              
                                                                                                                                
JOE  PEARSON,  ALASKA  AIRMEN'S ASSOCIATION  (Testified  via                                                                    
teleconference), reiterated previous  comments in support of                                                                    
the legislation.   He  added that most  of Alaska  is under-                                                                    
serviced &  unsupported in  their coverage.   He  urged that                                                                    
the State participate in the  proposal.  The current cost of                                                                    
the  equipment  is  very  high,  so  a  loan  program  would                                                                    
encourage  utilization  of  greater safety  devices  in  air                                                                    
travel.   He hoped to  work with the manufacturers  to bring                                                                    
the cost  of the equipment  down.   He urged support  of the                                                                    
bill.                                                                                                                           
                                                                                                                                
4:05:19 PM                                                                                                                    
                                                                                                                                
JERE  HAYSLETT, FEDERAL  AVIATION ADMINISTRATION  (Testified                                                                    
via teleconference), spoke in support of the bill.                                                                              
                                                                                                                                
                                                                                                                                
PUBLIC TESTIMONY CLOSED.                                                                                                        
                                                                                                                                
                                                                                                                                
SB 249 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 4:06 P.M.                                                                                          
                                                                                                                                
                                                                                                                                

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