Legislature(2021 - 2022)ADAMS 519

05/06/2021 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 132 SCHOOL APPRENTICESHIP PROGS; TAX CREDITS TELECONFERENCED
Heard & Held
+ HB 85 FINANCIAL INSTITUTIONS; LIABILITY TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                        May 6, 2021                                                                                             
                         9:02 a.m.                                                                                              
                                                                                                                                
9:02:57 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the  House Finance Committee meeting                                                                    
to order at 9:02 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Zach  Fields, Sponsor;  Representative  Bart                                                                    
LeBon, Sponsor.                                                                                                                 
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Ms. Amy  Nibert, President and CEO,  Associated Builders and                                                                    
Contractors  of   Alaska,  Anchorage;  Mari   Selle,  Alaska                                                                    
Primary  Care   Association,  Anchorage;  Trish   Zugg,  CTE                                                                    
Program  Administrator,  Mat-Su   School  District;  Michael                                                                    
Martin,  President,  Alaska   Bankers  Association;  General                                                                    
Counsel  and  Corporate   Secretary,  Northrim  Bank;  David                                                                    
Durham,   Executive   Vice   President  and   Chief   Credit                                                                    
Administrator, Mt.  McKinley Bank; Secretary  and Treasurer,                                                                    
Alaska   Bankers  Association;   Laura  Achee,   Legislative                                                                    
Liaison,  Department  of Environmental  Conservation;  Tracy                                                                    
Reno,  Chief Financial  Examiner,  Division  of Banking  and                                                                    
Securities. Department of Commerce, Community and Economic                                                                      
Development; Ed Martin Jr., Self, Kenai.                                                                                        
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 85     FINANCIAL INSTITUTIONS; LIABILITY                                                                                     
                                                                                                                                
          HB 85 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
HB 132    SCHOOL APPRENTICESHIP PROGS; TAX CREDITS                                                                              
                                                                                                                                
          HB 132 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
Co-Chair Merrick reviewed the meeting agenda.                                                                                   
                                                                                                                                
HOUSE BILL NO. 132                                                                                                            
                                                                                                                                
     "An   Act   relating   to   technical   education   and                                                                    
     apprenticeships;  relating   to  concurrent  vocational                                                                    
     education,  training, and  on-the-job trade  experience                                                                    
     programs  for  students  enrolled in  public  secondary                                                                    
     schools; relating to child labor;  and providing for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
9:03:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZACH  FIELDS, SPONSOR, relayed that  the bill                                                                    
was sponsored by the House  Labor and Commerce Committee. He                                                                    
provided  a PowerPoint  presentation titled  "Apprenticeship                                                                    
Expansion  Act"  (copy  on  file). He  began  with  slide  1                                                                    
"Apprenticeship and CTE Background":                                                                                            
                                                                                                                                
     • Alaska has high-performing apprenticeship  programs                                                                    
        in traditional trades, and recent innovation with                                                                       
        apprenticeship in new industries                                                                                        
     • School districts want to expand CTE  and school-to-                                                                    
      apprenticeship but need support to meet demand                                                                            
     • Other states and nations  have  shown potential  to                                                                    
        expand apprenticeship & CTE                                                                                             
     • Expansion of apprenticeship  and  CTE helps  people                                                                    
        pull themselves up by their bootstraps without                                                                          
        student debt                                                                                                            
     • Good state policy positions us to capture and                                                                          
        capitalize on federal apprenticeship grants                                                                             
                                                                                                                                
Representative  Fields  turned   to  slide  2,  "Incentivize                                                                    
Employer Participation":                                                                                                        
                                                                                                                                
     • Establishes $1,000 / apprentice employer tax credit,                                                                   
        and $1,500 / veteran apprentice                                                                                         
     • Based on successful model from other states and                                                                        
        addressed what the bill would do. The bill would                                                                        
        incentivize employer participation.                                                                                     
                                                                                                                                
Representative    Fields    mentioned   the    success    of                                                                    
apprenticeship programs  in South  Carolina. He  thought the                                                                    
legislature should  be pushing  the Department  of Education                                                                    
and Early  Development to  think more  broadly about  how to                                                                    
support apprenticeships.                                                                                                        
                                                                                                                                
Representative  Fields turned  to  slide  4, "Depts.  Labor,                                                                    
Education Coordination":                                                                                                        
                                                                                                                                
     • Directs DOLWD and DEED to collaborate in provision                                                                     
        of technical and financial support for:                                                                                 
          o School to apprenticeship programs                                                                                   
          o Science, Math, and Engineering CTE programs                                                                         
                                                                                                                                
                                                                                                                                
9:06:58 AM                                                                                                                    
                                                                                                                                
Representative Fields moved to  slide 5, "College Credit for                                                                    
CTE and Apprenticeship":                                                                                                        
                                                                                                                                
     • Directs University to explore ways to expand dual                                                                      
        credit for CTE courses and college credit for                                                                           
        participants in apprenticeship and discussed the                                                                        
        college credit for CTE                                                                                                  
                                                                                                                                
Representative  Fields  noted  that the  bill  language  was                                                                    
written in  consultation with the University.  He noted that                                                                    
the  bill was  endorsed by  a wide  range of  organizations,                                                                    
including  the Associate  Builders  and Contractors,  Alaska                                                                    
State Hospital and Nursing  Home Association, the Matanuska-                                                                    
Susitna  School   District.  He  quickly   showed  endorsing                                                                    
organizations on slide 6.                                                                                                       
                                                                                                                                
                                                                                                                                
Representative  Fields  advanced   to  slide  7,  "Financial                                                                    
Implications":                                                                                                                  
                                                                                                                                
     • Zero cost from language affecting DEED, DOLWD,                                                                         
        University system                                                                                                       
     • Cost is per-apprentice tax credits of $1,000 or                                                                        
        $1,500 for veterans                                                                                                     
     • Tax credits apply once, not for each year of                                                                           
        apprenticeship participation                                                                                            
                                                                                                                                
Representative  Fields   noted  that   there  would   be  an                                                                    
indeterminate fiscal  note from  the Department  of Revenue.                                                                    
He shared  that the  apprenticeships usually  lasted 1  to 6                                                                    
years.                                                                                                                          
                                                                                                                                
Representative Fields spoke to slide 8, "Summary":                                                                              
                                                                                                                                
     • Incentivize employer participation                                                                                     
     • Encourage cross-departmental collaboration                                                                             
     • Support school districts                                                                                               
     • Expand dual credit and post-secondary pathways                                                                         
                                                                                                                                
Representative   Fields   relayed    that   he   had   heard                                                                    
definitively  that   school  districts  wanted   to  support                                                                    
apprenticeship more broadly but  did not have the resources.                                                                    
He  reiterated  that there  was  an  opportunity to  capture                                                                    
federal grants  to support school apprenticeships.  He noted                                                                    
that invited  testimony would go  into greater  detail about                                                                    
the bill.                                                                                                                       
                                                                                                                                
9:09:03 AM                                                                                                                    
                                                                                                                                
MS. AMY  NIBERT, PRESIDENT AND CEO,  ASSOCIATED BUILDERS AND                                                                    
CONTRACTORS  OF  ALASKA,   ANCHORAGE  (via  teleconference),                                                                    
introduced herself and noted  that her organization operated                                                                    
one  of  the  largest   apprenticeships  in  the  state  and                                                                    
supported career  and technical  training. She  relayed that                                                                    
the  Associated Builders  and  Contractors  of Alaska  (ABC)                                                                    
supported an  increase in opportunities  for Alaskans  to be                                                                    
successful in  apprenticeship programs and believed  that HB
132 would help drive high school students to success.                                                                           
                                                                                                                                
Representative Rasmussen asked how  many new apprentices the                                                                    
ABC organization took on in one year.                                                                                           
                                                                                                                                
Ms.   Nibert  answered   that  the   organization  took   on                                                                    
apprentices  year-round  after  an application  process  and                                                                    
interview.  She   cited  that   ABC  received  200   to  250                                                                    
applicants per year  and currently they had  between 200 and                                                                    
300 individuals working in apprenticeships.                                                                                     
                                                                                                                                
Representative Rasmussen  asked what  percentage of  ABC was                                                                    
organized versus unorganized labor.                                                                                             
                                                                                                                                
Ms. Nibert  replied that  the organization  represented open                                                                    
shop contractors but had one  union contractor that utilized                                                                    
ABC's sprinkler-fitter apprenticeship program.                                                                                  
                                                                                                                                
9:12:23 AM                                                                                                                    
                                                                                                                                
MARI SELLE, ALASKA PRIMARY  CARE ASSOCIATION, ANCHORAGE (via                                                                    
teleconference),   indicated   that  she   represented   the                                                                    
workforce   development   of   the   Alaska   Primary   Care                                                                    
Association  (APCA).  She  believed  the  bill  had  to  the                                                                    
potential  to  open doors  to  youth  that wanted  to  enter                                                                    
health and human  services careers. She noted  that APCA had                                                                    
been a  multi-agency sponsor of apprenticeships  since 2017,                                                                    
working   with   various  healthcare   employers   including                                                                    
community  health centers  represented  by the  association.                                                                    
She  noted that  there  were  active healthcare  apprentices                                                                    
learning and  working all over  the state  including billers                                                                    
and  coders,  clinical  medical  assistants,  and  community                                                                    
health  workers. She  continued that  there were  registered                                                                    
apprenticeship programs for  medical secretaries, electronic                                                                    
health   record    specialists,   and   a    pharmacy   tech                                                                    
apprenticeship  was coming  soon.  She cited  that about  25                                                                    
percent  of apprentices  were age  18 to  24. The  model had                                                                    
been amazing for many employers.                                                                                                
                                                                                                                                
Ms. Selle  continued her testimony  in support of  the bill.                                                                    
She commented  that the model  worked well for  people going                                                                    
into  entry level  jobs in  healthcare  and human  services.                                                                    
Professionals were  already mentoring and training  staff in                                                                    
the  recruitment pool,  and as  a multi-agency  sponsor APCA                                                                    
could provide the  formal education and a  structured way to                                                                    
ensure  workers  had  the  skills   to  be  successful.  She                                                                    
mentioned  a  partnership  with Alaska  Pacific  University,                                                                    
through  which  apprentices   could  earn  an  undergraduate                                                                    
certificate  and  go  on  to   further  degrees  and  career                                                                    
ladders. She  shared that the programs  were especially well                                                                    
suited  for youth  on  a  work track  instead  of a  college                                                                    
track.  She expressed  that the  apprenticeships provided  a                                                                    
"well-lit  path"  to work  right  out  of high  school,  and                                                                    
students could  earn college credits simultaneously  if they                                                                    
chose to do so.                                                                                                                 
                                                                                                                                
9:16:40 AM                                                                                                                    
                                                                                                                                
Representative Rasmussen  asked for a rough  estimate of the                                                                    
number of apprenticeship applicants they accepted per year.                                                                     
                                                                                                                                
Ms.  Selle  answered  that currently  there  were  about  80                                                                    
active apprentices  on the APCA  roster. She  estimated that                                                                    
about  80  percent  were  new   apprentices  from  the  past                                                                    
calendar year.  There were about  two cohorts per  year with                                                                    
about 30 new apprentices.                                                                                                       
                                                                                                                                
9:17:45 AM                                                                                                                    
                                                                                                                                
TRISH  ZUGG,   CTE  PROGRAM  ADMINISTRATOR,   MAT-SU  SCHOOL                                                                    
DISTRICT   (via  teleconference),   read  from   a  prepared                                                                    
statement.  She  considered  that  the key  to  providing  a                                                                    
educated,  skilled workforce  in Alaska  was connecting  our                                                                    
systems of  learning and assuring  high quality  of programs                                                                    
at  every  level.  She discussed  high  quality  career  and                                                                    
technical  education, effective  workforce development  that                                                                    
included    rigorous   sequence    of   study,    recognized                                                                    
credentials,    equity   of    access,   technical    expert                                                                    
instructors,   and  contextualization   of  academics.   She                                                                    
asserted  that the  most effective  evidence was  work-based                                                                    
learning outside  the classroom. The district's  goal was to                                                                    
have   work-based    learning   for   all    students,   and                                                                    
apprenticeship was  the gold standard for  learning at work.                                                                    
She cited that  apprenticeship provided for a  means to earn                                                                    
money for  high-demand careers, a pathway  to degrees, debt-                                                                    
free  education, and  high wages.  She  discussed areas  for                                                                    
apprenticeships.  She mentioned  preparing students  for all                                                                    
levels  of transition.  She  cited  that apprenticeship  had                                                                    
proven  results,  and  cited  that  participants  earned  35                                                                    
percent more  than the average Alaska  worker. She continued                                                                    
that workers  who completed  their apprenticeship  earned an                                                                    
average  of  $78,990.  She  suggested  that  apprenticeships                                                                    
prepared  individuals  for life  and  not  only a  job.  She                                                                    
referenced the importance of soft  skills, and the long-term                                                                    
success  of  employees.  The  asserted  that  the  need  for                                                                    
training providers was important.  The district was ready to                                                                    
customize  training  opportunities  and she  emphasized  the                                                                    
importance of employer buy-in and sponsorship.                                                                                  
                                                                                                                                
Ms. Zugg  continued her  testimony in  support of  the bill.                                                                    
She thought  apprenticeships should be  an institutionalized                                                                    
norm. She  thought the  bill would  be foundational  for the                                                                    
Department  of Labor  and  Workforce  Development to  better                                                                    
guide and  support the efforts. She  discussed advantages to                                                                    
enhance  partnerships  such  as  a  more  upscale  workforce                                                                    
invested  locally, recruitment  gains, turnover  reductions,                                                                    
and  enhanced  relationships.  She asserted  that  the  bill                                                                    
would  be  good  for  the  employer  and  employee  and  the                                                                    
readiness  of  Alaska's  workforce   and  the  economy.  She                                                                    
mentioned  a COVID-related  acute  labor  shortage and  felt                                                                    
pre-apprenticeship  and   apprenticeship  could   provide  a                                                                    
pathway  for preparing  and returning  employees to  work in                                                                    
high demand occupations and adding  to the ability to a path                                                                    
towards advancement.                                                                                                            
                                                                                                                                
9:23:33 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz thought  it appeared  that the  Matanuska-                                                                    
Susitna (Mat-Su)  School District  already had  an extensive                                                                    
CTE  program.  He  asked  how the  bill  would  augment  the                                                                    
district's existing program.                                                                                                    
                                                                                                                                
Ms. Zugg answered  that the district had a  robust number of                                                                    
high-quality training  programs, but the key  linkage was to                                                                    
connect the  programs with work  outside the  classroom. She                                                                    
continued that apprenticeship was  the modality allowing for                                                                    
requirement,  eligibility,  and  contracting  fidelity.  The                                                                    
district needed a  liaison with the Department  of Labor and                                                                    
Workforce  Development  to  connect   with  systems,  and  a                                                                    
connection to  the job center.  She stressed  the importance                                                                    
of connecting to the training  programs and getting students                                                                    
out for work-based learning opportunities.                                                                                      
                                                                                                                                
9:25:35 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz  asked if  the  district  had an  existing                                                                    
program  where students  were in  work-based apprenticeships                                                                    
and earned credit for graduation.                                                                                               
                                                                                                                                
Ms. Zugg replied  that the district did  give credit towards                                                                    
graduation.  The  school  did  periodic  evaluations  during                                                                    
which teachers  met with employers. Teachers  could evaluate                                                                    
soft stills and provide  training specific subsets of skills                                                                    
that  were needed.  She mentioned  part of  the bill  with a                                                                    
spectrum  for learning.  She discussed  foundational courses                                                                    
that led  to industry certifications. She  mentioned setting                                                                    
up  a seamless  system  that would  allow  students to  gain                                                                    
credit for working to transfer into a career.                                                                                   
                                                                                                                                
Representative  Rasmussen asked  if the  Mat-Su had  any CTE                                                                    
courses  for correctional  or  public  safety officers.  She                                                                    
thought the  state had a  deficit with the number  of police                                                                    
and correctional officers needed in the state.                                                                                  
                                                                                                                                
Ms. Zugg  answered that  there was  currently not  an active                                                                    
program  for  apprenticeship  with  correctional  or  public                                                                    
safety officers. She  mentioned a program of  study for law.                                                                    
The district had  looked at the Explorer  Program, which was                                                                    
no longer  active. She  cited the need  for a  connection to                                                                    
curriculum. She  noted that  the Department  of Corrections,                                                                    
Alaska State  Troopers, and police agencies  were invited to                                                                    
the college  and career  fair in the  Mat-Su to  recruit and                                                                    
talk to students.                                                                                                               
                                                                                                                                
Co-Chair  Merrick  set  the amendment  deadline  for  Monday                                                                    
evening.                                                                                                                        
                                                                                                                                
HB  132  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:29:52 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:31:20 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 85                                                                                                             
                                                                                                                                
     "An Act  relating to the Alaska  Banking Code; relating                                                                    
     to mutual  savings banks; relating to  interstate state                                                                    
     banks   and  international   banks;  relating   to  the                                                                    
     pledging  of  bank  assets as  collateral  security  to                                                                    
     tribal organizations; relating to  the pledging of bank                                                                    
     assets for interest swap  agreements; relating to state                                                                    
     business licenses;  relating to persons who  make loans                                                                    
     secured   by  interests   in  vessels   or  facilities;                                                                    
     relating  to liability  for the  release or  threatened                                                                    
     release of hazardous substances;  relating to the Model                                                                    
     Foreign Bank  Loan Act; and providing  for an effective                                                                    
     date."                                                                                                                     
                                                                                                                                
9:31:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BART LEBON, SPONSOR,  introduced the bill. He                                                                    
shared  that  he  had a  banking  background  that  included                                                                    
employment  at  a nationally  chartered  bank  and a  state-                                                                    
chartered bank. The bill attempted  to create parity between                                                                    
national  and state-chartered  banks in  Alaska. There  were                                                                    
three  banks that  were nationally  chartered in  the state,                                                                    
and four  state-chartered banks in  the state. He  wanted to                                                                    
give invited testifiers time.                                                                                                   
                                                                                                                                
9:33:25 AM                                                                                                                    
                                                                                                                                
MICHAEL  MARTIN,  PRESIDENT,   ALASKA  BANKERS  ASSOCIATION;                                                                    
GENERAL COUNSEL AND CORPORATE  SECRETARY, NORTHRIM BANK (via                                                                    
teleconference), read  from a  prepared statement.  He cited                                                                    
that the  Alaska Bankers  Association (ABA)  represented the                                                                    
seven  banks   that  operated  in   the  state.   The  banks                                                                    
safeguarded  over  $14  billion  in  combined  deposits  and                                                                    
employed more  than 2,200 essential  workers across  the 121                                                                    
branches statewide.  He continued  that the banks  made over                                                                    
85 percent of  non-public commercial loans in  the state and                                                                    
asserted that  Alaska bankers were job  creators that fueled                                                                    
the  state's economy.  He mentioned  that  all seven  member                                                                    
banks had lent over $1.4 billion  for the first round of the                                                                    
federal Paycheck Protection Program (PPP) during the COVID-                                                                     
19 pandemic. During  the second round of PPP,  the banks had                                                                    
made  approximately  11,000  loans for  an  additional  $723                                                                    
million in the state. The  banks were committed to continued                                                                    
support of individuals and business in the state.                                                                               
                                                                                                                                
Mr.  Martin continued  his testimony.  He  noted that  there                                                                    
were  four  state-chartered   banks,  and  three  nationally                                                                    
chartered banks.  He noted mentioned the  Alaska Division of                                                                    
Banking,  which   served  as   the  primary   regulator  and                                                                    
chartering  authority for  the state-chartered  banks, while                                                                    
the Office  of the Comptroller  of the Currency  was charged                                                                    
with chartering and regulating national  banks in the state.                                                                    
He  thought  the  system provided  healthy  competition  and                                                                    
regulatory philosophy.  The ABA thought it  was important to                                                                    
adapt by  amending Title  XI and  the permissible  powers of                                                                    
Alaska-chartered  banks to  maintain competitiveness  within                                                                    
the  industry. He  emphasized that  Alaska banking  statutes                                                                    
were outdated. He did not  recall that the statutes had been                                                                    
altered in  the 25-year period  that he had been  working as                                                                    
counsel for Alaska banks. He  thought the need for Alaska to                                                                    
modernize  its banking  standards had  existed for  years as                                                                    
technology and industry had evolved.                                                                                            
                                                                                                                                
Mr. Martin  explained that the  ABA had worked  closely with                                                                    
the  Alaska  Division of  Banking  to  craft legislation  to                                                                    
equalize  and maintain  the quality  of competition  between                                                                    
state  and  federally  chartered institutions.  He  asserted                                                                    
that HB  85 would provide Alaska-chartered  banks to compete                                                                    
on  equal  footing  with  federally  charted  banks  without                                                                    
endangering   the   safety   and  soundness   and   consumer                                                                    
protections. The ABA  supported HB 85 to  reflect changes in                                                                    
technology,  consumer  preferences,  and the  businesses  of                                                                    
banking.  He thanked  the committee  for the  opportunity to                                                                    
testify. He  thanked Representative LeBon and  his staff for                                                                    
their work  on the bill.  He thanked the Alaska  Division of                                                                    
Banking. He relayed  that the bill had  been a collaborative                                                                    
effort.                                                                                                                         
                                                                                                                                
9:38:56 AM                                                                                                                    
                                                                                                                                
Vice-Chair Ortiz  observed that one of  his formers students                                                                    
was  a  supporter of  the  bill.  He asked  how  modernizing                                                                    
Alaska-based  banking  codes  would  help  make  banks  more                                                                    
competitive with federal banks.                                                                                                 
                                                                                                                                
Mr. Martin  answered mentioned properties  from foreclosures                                                                    
and explained  that current  statutes required  a write-down                                                                    
on the real  value of the property after a  couple of years.                                                                    
The  national banks  followed Generally  Accepted Accounting                                                                    
Principles   (GAAP)   with   an  accounting   analysis   for                                                                    
valuation,  while Alaska  banks had  to follow  a rule  that                                                                    
disallowed the use of GAAP  and required a write-down of the                                                                    
real estate value.  As such, the banks  ended up petitioning                                                                    
for extensions until the property  could be sold. He offered                                                                    
another  example  in  collateralizing  deposits  for  Native                                                                    
entities.  He  explained  that Native  health  organizations                                                                    
received money and banks  collateralized the deposits, while                                                                    
many  times the  entities created  consortiums for  economic                                                                    
ease. Under  current statute, state  banks were  not allowed                                                                    
to  collateralize deposits,  but  national  banks could.  He                                                                    
offered  the  example of  a  provision  that required  state                                                                    
banks to have 10 meetings  of the boards of directors, which                                                                    
was not  required of  national banks.  He asserted  that the                                                                    
examples  mentioned  caused  inconvenience  and  put  state-                                                                    
chartered banks at a competitive disadvantage.                                                                                  
                                                                                                                                
9:42:49 AM                                                                                                                    
                                                                                                                                
Representative  Josephson looked  at pages  9 to  10 of  the                                                                    
legislation.  He  observed that  the  bill  would allow  for                                                                    
banks  with   a  security  interest  in   properties  to  be                                                                    
immunized and  not held  liable on a  showing that  the bank                                                                    
did not participate in the  management a vessel or facility.                                                                    
He had  some concerns  that if there  were brown  fields and                                                                    
contaminated  brown fields,  someone should  be held  liable                                                                    
for contamination. He considered  the superfund law that was                                                                    
modified  in  1996,  and  thought   the  proposed  bill  was                                                                    
consistent with the modification.  He was concerned with the                                                                    
use of the  word "person" on line 1, page  10. He asked what                                                                    
the ABA's view of changing a  person (from Section O) to any                                                                    
preferred  definition of  "bank" that  was preferred  if the                                                                    
goal was to protect a bank from an unfair lawsuit.                                                                              
                                                                                                                                
Mr. Martin responded  that the topic had  been raised during                                                                    
the House Labor and  Commerce Committee meetings considering                                                                    
the bill.  He noticed  that the Department  of Environmental                                                                    
Conservation (DEC) had raised the  same issue. He noted that                                                                    
there were others  may be better to speak to  the topic, and                                                                    
the matter was  not significant to ABA. He  though the terms                                                                    
used  in  the  bill  reflected  the  language  used  in  the                                                                    
Comprehensive  Environmental   Response,  Compensation,  and                                                                    
Liability Act (CERCLA)  which defined what was  a lender and                                                                    
what  was a  person. He  acknowledged that  he was  not well                                                                    
versed  in CERCLA.  He  explained that  the  issue that  was                                                                    
being addressed  related to  a bank having  a piece  of real                                                                    
estate and  having to foreclose  on the property.  There was                                                                    
an open legal  question as to whether the bank  had the same                                                                    
liability limitation  enjoyed under  CERCLA, and  the notion                                                                    
that  if  the  bank  had  not operated  a  business  on  the                                                                    
property, simply  having security  interest in  the property                                                                    
did not  bring the  liability to the  financial institution.                                                                    
The current  implication was  that if there  was a  piece of                                                                    
collateral  with environmental  contamination, a  bank would                                                                    
not foreclose or  walk away from the  transaction, which was                                                                    
not helpful.  He thought a  subsequent testifier  would have                                                                    
more insight into the issue.                                                                                                    
                                                                                                                                
9:47:13 AM                                                                                                                    
                                                                                                                                
Representative  LeBon thanked  Representative Josephson  for                                                                    
his  interest in  the issue.  He  noted that  there was  one                                                                    
other testifier he would like to hear from.                                                                                     
                                                                                                                                
DAVID  DURHAM, EXECUTIVE  VICE  PRESIDENT  AND CHIEF  CREDIT                                                                    
ADMINISTRATOR, MT.  MCKINLEY BANK; SECRETARY  AND TREASURER,                                                                    
ALASKA BANKERS  ASSOCIATION (via teleconference),  read from                                                                    
prepared  remarks.  He  explained  that  Mt.  McKinley  Bank                                                                    
served  the   Fairbanks  North  Star  Borough,   the  Denali                                                                    
Borough,  and  the  unincorporated areas  of  the  Southeast                                                                    
Alaska census area.  He asserted that Mt.  McKinley Bank was                                                                    
unique, as  it was the state's  only mutual bank and  one of                                                                    
only a  handful in the  western United States.  He explained                                                                    
that mutual  banks had  no owners  or shareholders,  and the                                                                    
board of trustees  and bank's profits served  to benefit the                                                                    
communities by  offering lower  rates. The  bank also  had a                                                                    
robust donation program.                                                                                                        
                                                                                                                                
Mr. Durham asserted  that HB 85 not  only modernized banking                                                                    
rules  and   brought  parity  for   state  banks,   it  also                                                                    
modernized the  state's mutual banking regulations  to allow                                                                    
utilizations  of modern  technologies.  He mentioned  online                                                                    
lenders that  had captured  a share  of the  state's lending                                                                    
market. He mentioned statutes that  limited the mutual banks                                                                    
borrowing.  The  bill  would  give  mutual  banks  the  same                                                                    
borrowing  capacity as  commercial  banks  and would  remove                                                                    
antiquated  provisions   which  required  mutual   banks  to                                                                    
sequester a  certain amount of  earnings for use  in meeting                                                                    
losses, which  were unnecessarily duplicative.  He explained                                                                    
that the bill  would add provisions that  mirrored CERCLA to                                                                    
protect   lenders  from   liability   when  foreclosing   on                                                                    
properties with environmental issues.                                                                                           
                                                                                                                                
9:51:14 AM                                                                                                                    
                                                                                                                                
Mr. Durham  addressed the  question posed  by Representative                                                                    
Josephson   regarding   the   use  of   "person"   and   the                                                                    
conversations with  DEC. He affirmed that  DEC had requested                                                                    
that  the  term  "lender"  be  used in  place  of  the  word                                                                    
"person" in Section 22 of  the bill, and that the definition                                                                    
of lender  be included  in statute. The  changes had  led to                                                                    
complications.  He   discussed  the  CERCLA   definition  of                                                                    
"lender"  and relayed  that  after  further discussion  with                                                                    
legal counsel, DEC had relayed  that it was comfortable with                                                                    
use  of  the  word  "person"  in Section  22,  as  the  bill                                                                    
language  already narrowed  the scope  of applicability  for                                                                    
the section.  He used the  example of  a person that  held a                                                                    
security in a vessel or  facility but did not participate in                                                                    
the management  and sought to  sell the vessel  or facility.                                                                    
He reiterated that  the goal was to align  Alaska's law with                                                                    
federal  CERCLA  provisions  in  order  to  allow  banks  to                                                                    
continue  to lend  on properties  throughout the  state that                                                                    
were  vital   to  communities   and  their   well-being.  He                                                                    
requested support for the bill.                                                                                                 
                                                                                                                                
Representative  Josephson referenced  a white  paper he  had                                                                    
mentioned  earlier that  referred to  a secured  party being                                                                    
liable,  and a  carve-out that  would prevent  liability. He                                                                    
thought  there was  a test  that asked  whether a  bank made                                                                    
environmental  compliance decisions  or was  responsible for                                                                    
day-to-day   decision   making    or   overall   operational                                                                    
functions.  He asked  if subsection  (O) included  the three                                                                    
tests, and if it would be problematic.                                                                                          
                                                                                                                                
9:54:26 AM                                                                                                                    
                                                                                                                                
Mr.  Durham  replied in  the  negative.  He elaborated  that                                                                    
CERCLA had specific  guidelines for a bank not  to carry the                                                                    
liability,  which pertained  to participation  in management                                                                    
of the property.                                                                                                                
                                                                                                                                
Representative LeBon believed a  representative with the DEC                                                                    
was available online.                                                                                                           
                                                                                                                                
LAURA    ACHEE,   LEGISLATIVE    LIAISON,   DEPARTMENT    OF                                                                    
ENVIRONMENTAL   CONSERVATION  (via   teleconference),  asked                                                                    
Representative Josephson to restate the language.                                                                               
                                                                                                                                
Representative  Josephson   cited  the  January   11,  2018,                                                                    
article  titled  "Indirect  Owner/Operator  Liability  Under                                                                    
CERCLA," which cited  the modification to the  law. He could                                                                    
tell that much  of the language in the bill  was designed to                                                                    
match the federal provision, which  provided him comfort. He                                                                    
cited other language in the  article and the original intent                                                                    
of  CERCLA  (known as  superfund  law),  which responded  to                                                                    
contaminated   sites  around   the  country   and  expressed                                                                    
liability for  various parties  that was  cured by  the 1996                                                                    
law.  He understood  that if  a bank  was "at  arm's length"                                                                    
from  the  contamination,  it  should  not  have  a  problem                                                                    
complying with the three-part test.                                                                                             
                                                                                                                                
Ms. Achee answered  that it made sense and  she believed DEC                                                                    
would  be comfortable  with the  language in  the bill.  She                                                                    
referenced  the   conversation  regarding   "person"  versus                                                                    
"lender" and  noted that  her recollection  was the  same as                                                                    
that  of  the  previous  testifier and  the  department  was                                                                    
comfortable with the use of the word person in statute.                                                                         
                                                                                                                                
9:58:36 AM                                                                                                                    
                                                                                                                                
TRACY RENO,  CHIEF FINANCIAL  EXAMINER, DIVISION  OF BANKING                                                                    
AND  SECURITIES.  DEPARTMENT   OF  COMMERCE,  COMMUNITY  AND                                                                    
ECONOMIC   DEVELOPMENT  (via   teleconference),  read   from                                                                    
prepared  remarks.  She  explained   that  the  Division  of                                                                    
Banking  and Securities  served as  a primary  regulator for                                                                    
four state-chartered banks in  Alaska. She asserted that the                                                                    
state's banking statutes had become  outdated over time, and                                                                    
the nationally chartered banks had  the advantage of broader                                                                    
powers  from  updated  federal   laws.  She  referenced  the                                                                    
collaboration  between ABA  and the  division to  bridge the                                                                    
gap  between state  and  federal  law to  propose  HB 85  to                                                                    
modernize  and  streamline  Alaska's banking  law  to  bring                                                                    
parity between  state and national banks.  She asserted that                                                                    
the  bill would  allow state  banks to  be competitive  with                                                                    
modern best  practices and would  align with  the governor's                                                                    
priorities. The  division was supportive of  the sections it                                                                    
requested to be added to the bill.                                                                                              
                                                                                                                                
Co-Chair Merrick OPENED public testimony.                                                                                       
                                                                                                                                
ED MARTIN  JR., SELF, KENAI (via  teleconference), disclosed                                                                    
that one  of the testifiers worked  at a bank he  had a loan                                                                    
with. He shared  that he had lived in Alaska  since 1965 and                                                                    
had taken  out a loan  when he was 19  years old to  go into                                                                    
business. He  appreciated that  the banks  had done  well in                                                                    
the recent year.  He thought there were a few  things in the                                                                    
bill  to make  the  banks competitive,  and  he thought  all                                                                    
Alaskans  would benefit  from the  proposed changes.  He was                                                                    
worried about the  timing of when a bank could  be shut down                                                                    
and when it reported the  shutdown. He thought the provision                                                                    
"opened  a door"  and he  did not  know if  it aligned  with                                                                    
federal standards. He  discussed the function of  a bank. He                                                                    
was concerned  about a bank  abusing the funds  deposited by                                                                    
customers in some way.                                                                                                          
                                                                                                                                
10:03:34 AM                                                                                                                   
                                                                                                                                
Mr. Martin  Jr. continued with  his testimony. He  had trust                                                                    
in Alaska banks. He mentioned  banks being federally insured                                                                    
and had  not known  that some banks  were not.  He discussed                                                                    
bank  loans  and  collateral.  He  emphasized  that  members                                                                    
should consider what  was being accomplished by  the bill in                                                                    
bringing  parity  to banks.  He  asked  members to  consider                                                                    
oversight. He  discussed the  board's required  meetings. He                                                                    
supported bankers.                                                                                                              
                                                                                                                                
Co-Chair Merrick CLOSED public testimony.                                                                                       
                                                                                                                                
Representative LeBon  responded to the issues  brought up by                                                                    
Mr.  Martin Jr.  He mentioned  lending limits  for executive                                                                    
officers  and  directors  of  a   bank.  Based  on  his  own                                                                    
experience, for  simplicity of  taking out  a loan  he would                                                                    
borrow funds  from another  bank due to  the high  degree of                                                                    
standards  required.  He  addressed  the  issue  related  to                                                                    
required board meetings and  suggested there was flexibility                                                                    
such as Zoom  meetings. He stated that the  bill would allow                                                                    
for an option  to decide on the best number  of meetings for                                                                    
the bank. He asserted that  the proposed change would ensure                                                                    
that  state-chartered  banks  would  be  held  to  a  higher                                                                    
standard than what national banks enjoyed.                                                                                      
                                                                                                                                
10:07:54 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Ortiz  realized  that  Zoom  meetings  had  more                                                                    
recently  developed.  He  asked  if Zoom  meetings  did  not                                                                    
currently  legally  count  as one  of  the  twelve  required                                                                    
meetings.                                                                                                                       
                                                                                                                                
Representative  LeBon was  not certain  but knew  that banks                                                                    
had to  adhere to  the meeting  requirements. He  noted that                                                                    
there  was not  a suggestion  to just  have one  meeting per                                                                    
year.                                                                                                                           
                                                                                                                                
Representative  Josephson  asked   how  credit  unions  were                                                                    
positioned  relative  to the  reforms.  He  asked if  credit                                                                    
unions would no longer be on equal footing.                                                                                     
                                                                                                                                
Representative LeBon  answered that credit unions  had their                                                                    
own   supervision   and   oversight.  He   considered   that                                                                    
competition between banks and  credit unions was an entirely                                                                    
different  conversation.   He  shared  that   credit  unions                                                                    
operated as  nonprofits and were  not required to  adhere to                                                                    
the  Community  Reinvestment  Act. Some  of  the  unevenness                                                                    
between  banks  and credit  unions  had  been an  issue  for                                                                    
decades,  and  the bill  did  not  attempt to  fix  anything                                                                    
related  to  competition  between  the two.  He  noted  that                                                                    
credit unions  had their own legal  standing, regulator, and                                                                    
rules while banks were competitors.  He explained that banks                                                                    
merely  wanted parity  among  themselves  between state  and                                                                    
national banks.                                                                                                                 
                                                                                                                                
10:10:29 AM                                                                                                                   
                                                                                                                                
Representative Carpenter understood that  the bill was about                                                                    
achieving  parity  between  state  and  national  banks.  He                                                                    
wondered  if  the  administration  could speak  to  how  the                                                                    
changes in  the bill  could impact credit  union regulations                                                                    
not being contemplated in the bill  and how there may or may                                                                    
not be parity between credit unions and other banks.                                                                            
                                                                                                                                
Co-Chair  Merrick affirmed  she  would work  on getting  the                                                                    
information.                                                                                                                    
                                                                                                                                
Representative  Wool  asked  about executives  taking  loans                                                                    
from banks  and appreciated Representative  LeBon's comment.                                                                    
He noted that the bill  doubled the amount that an executive                                                                    
could borrow from the bank,  which he thought appeared as if                                                                    
the  bank bosses  were being  offered more  latitude in  the                                                                    
amount  they could  borrow. He  thought  the provision  went                                                                    
counter  to  what  the  bill  was doing.  He  asked  how  to                                                                    
reconcile the two.                                                                                                              
                                                                                                                                
Representative  LeBon answered  that the  lending activities                                                                    
of a bank took a  variety of forms: personal loans, mortgage                                                                    
loans,  construction  loans,   commercial  loans,  and  real                                                                    
estate loans. He  recounted that as a bank  executive he had                                                                    
a  mortgage  and  a  personal line  of  credit,  which  were                                                                    
consumer loans.  His mortgage loan  had been sold  to Fannie                                                                    
Mae and had  not been held by the bank.  He continued that a                                                                    
personal line of credit did  not come anywhere near $500,000                                                                    
and each  bank would set  its own limit. He  considered that                                                                    
the  practicality of  the language  was for  a primary  home                                                                    
loan, the vast majority of  which were sold on the secondary                                                                    
market and were not kept by  the bank. He suggested that the                                                                    
limit  had been  in law  for  many years,  and the  proposed                                                                    
limit  adjustment  did  not provide  special  treatment  but                                                                    
rather brought bankers up to  the level of the customer base                                                                    
and  the  average  loan  size   and  type.  He  thought  the                                                                    
provision  might look  material, but  the dollar  amount was                                                                    
not large when  put in context. He emphasized  that any loan                                                                    
by  a  bank  officer received  regulatory  review,  required                                                                    
board of directors' approval, and  a higher credit standard.                                                                    
He noted  that a bank would  not want to be  criticized by a                                                                    
bank regulator  for favoring any  type of customer.  For any                                                                    
employee of  a bank  there was a  higher standard  of credit                                                                    
underwriting and expectation,  as the bank knew  it would be                                                                    
judged and reviewed on the activity at a very high level.                                                                       
                                                                                                                                
10:14:54 AM                                                                                                                   
                                                                                                                                
Representative Rasmussen  disclosed that her husband  was an                                                                    
employee at  a credit  union. She  referenced Section  5 and                                                                    
increasing  borrowing limits  up to  $500,000. She  noted it                                                                    
was  not  possible  to  purchase  a  primary  residence  for                                                                    
$150,000 and she did not believe $500,000 was a stretch.                                                                        
                                                                                                                                
Co-Chair Merrick  remarked that there  would be a  review of                                                                    
the  fiscal  notes and  a  sectional  analysis at  a  future                                                                    
meeting.                                                                                                                        
                                                                                                                                
HB  85  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair  Merrick reviewed  the schedule  for the  following                                                                    
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
10:16:06 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:16 a.m.                                                                                         

Document Name Date/Time Subjects
1 CSHB 132 Sponsor Statement 3.12.21.pdf HFIN 5/6/2021 9:00:00 AM
HB 132
4 CSHB 132 ver O Sectional Analysis 4.28.2021.pdf HFIN 5/6/2021 9:00:00 AM
HB 132
3 CSHB 132 Summary of Changes ver W to ver O 4.28.2021.pdf HFIN 5/6/2021 9:00:00 AM
HB 132
10 HB 132 Letters of Support as of 4.7.21.pdf HFIN 5/6/2021 9:00:00 AM
HB 132
HB 132 Public Testimony by 050521.pdf HFIN 5/6/2021 9:00:00 AM
HB 132
HB 85 Letters of Support 04.21.2021.pdf HFIN 5/6/2021 9:00:00 AM
HB 85
HB 85 Sectional Analysis ver. G 04.22.2021.pdf HFIN 5/6/2021 9:00:00 AM
HB 85
HB 85 Sponsor Statement 04.22.2021.pdf HFIN 5/6/2021 9:00:00 AM
HB 85
HB 85 Summary of Changes version B to version G 04.22.2021.pdf HFIN 5/6/2021 9:00:00 AM
HB 85
HB 132 Sponsor PowerPoint HFIN 050621.pptx HFIN 5/6/2021 9:00:00 AM
HB 132