Legislature(2021 - 2022)ADAMS 519

05/10/2022 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 204 HUNTING PERMIT/TAG AUCTIONS/RAFFLES TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 66 ELECTIONS, VOTING, BALLOTS TELECONFERENCED
<Pending Referral>
Scheduled but Not Heard
+ SB 111 EARLY EDUCATION; READING INTERVENTION TELECONFERENCED
<Pending Referral>
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 220 RETIREMENT SYSTEMS; DEFINED BENEFIT OPT. TELECONFERENCED
Moved CSHB 220(FIN) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                       May 10, 2022                                                                                             
                         9:03 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:03:55 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the House Finance Committee meeting                                                                     
to order at 9:03 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ben Carpenter                                                                                                    
Representative Bryce Edgmon                                                                                                     
Representative DeLena Johnson                                                                                                   
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator Josh Revak, Sponsor; Emma Torkelson, Staff, Senator                                                                     
Josh Revak; Representative Grier Hopkins, Sponsor.                                                                              
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Eddie Grasser, Director, Division of Wildlife Conservation,                                                                     
Department of Fish and Game; David Kershner, Consulting                                                                         
Actuary Principal, Buck Global LLC, Florida.                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 66     ELECTIONS, VOTING, BALLOTS                                                                                            
                                                                                                                                
          HB 66 was SCHEDULED but not HEARD.                                                                                    
                                                                                                                                
HB 220    RETIREMENT SYSTEMS; DEFINED BENEFIT OPT.                                                                              
                                                                                                                                
          CSHB 220(FIN)  was REPORTED out of  committee with                                                                    
          four  "do  pass"  recommendations  and  three  "no                                                                    
          recommendation" recommendations  and with  one new                                                                    
          fiscal   impact   note   by  the   Department   of                                                                    
          Administration.                                                                                                       
                                                                                                                                
CSSB 204(RES)                                                                                                                   
                                                                                                                                
          HUNTING PERMIT/TAG AUCTIONS/RAFFLES                                                                                   
                                                                                                                                
          CSSB 204(RES) was HEARD and HELD in committee                                                                         
          for further consideration.                                                                                            
                                                                                                                                
SB 211    MISSING/MURDERED INDIGENOUS WOMEN; REPORT                                                                             
                                                                                                                                
          SB 211 was SCHEDULED but not HEARD.                                                                                   
                                                                                                                                
Co-Chair Merrick reviewed the agenda for the meeting.                                                                           
                                                                                                                                
CS FOR SENATE BILL NO. 204(RES)                                                                                               
                                                                                                                                
     "An  Act relating  to auctions  or raffles  for hunting                                                                    
     harvest permits  and big game  tags; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
9:04:19 AM                                                                                                                    
                                                                                                                                
SENATOR JOSH REVAK, SPONSOR, thanked the committee for                                                                          
hearing the bill. He read the sponsor statement (copy on                                                                        
file):                                                                                                                          
                                                                                                                                
     Since its  passage in the 1997,  the Governor's Auction                                                                    
     and   Raffle   Tag   program   has   successfully   and                                                                    
     substantially   increased   funding  for   the   Alaska                                                                    
     Department  of Fish  and Game  (ADF&G). In  2021, gross                                                                    
     revenue was  just over  $1.2 million.  SB 204  seeks to                                                                    
     build  on  this  success and  expand  the  department's                                                                    
     ability  to  bring  in   revenue,  which  will  support                                                                    
     wildlife  conservation  and   protection  programs  and                                                                    
     education across Alaska.                                                                                                   
                                                                                                                                
     Foundationally, Senate  Bill 204 adds three  species to                                                                    
     the available harvest permit  list and standardizes the                                                                    
     number of  game harvest permits that  ADF&G grants each                                                                    
     year   to  qualified   organizations  for   fundraising                                                                    
     auctions or  raffles. By doing so,  the department will                                                                    
     have the  flexibility to issue  up to four  permits for                                                                    
     each  species, taking  into account  the health  of the                                                                    
     game  population  and   recommendations  of  department                                                                    
     biologists  when  determining  the actual  number  that                                                                    
     will be issued each year.                                                                                                  
                                                                                                                                
     The increased  revenue from this moderate  expansion of                                                                    
     available  harvest permits  will  ensure two  important                                                                    
     outcomes. First,  it allows the department  to maintain                                                                    
     sufficient funds to  continue critical conservation and                                                                    
     wildlife  protection   measures  that  have   been  the                                                                    
     mainstay  of wildlife  management for  decades. Second,                                                                    
     with  the large  increase  in  firearms and  ammunition                                                                    
     sales  and approximately  $18 million  in new  Pittman-                                                                    
     Robertson (PR)  grants coming our way,  ADF&G will need                                                                    
     sufficient  matching dollars  to prevent  these new  PR                                                                    
     funds from reverting back to the federal government.                                                                       
                                                                                                                                
     Modern, effective wildlife  management is becoming more                                                                    
     expensive.  For example,  an increase  of  a couple  of                                                                    
     dollars to aviation  fuel has a major  impact on survey                                                                    
     and  inventory operations  which,  in turn,  are a  key                                                                    
     element   in  setting   game  population   and  harvest                                                                    
     objectives. Without accurate  objectives, for instance,                                                                    
     the Board  of Game cannot make  well-informed decisions                                                                    
     on yearly hunting seasons and bag limits.                                                                                  
                                                                                                                                
     In sum,  SB 204 will  allow more federal revenue  to be                                                                    
     leveraged for  critical sustainable  wildlife education                                                                    
     and management  programs and the proactive  work needed                                                                    
     to prevent  new listings  under the  Endangered Species                                                                    
     Act.  Senate  Bill  204 directly  supports  sustainable                                                                    
     wildlife populations, outdoor  traditions, hunters, and                                                                    
     outdoor recreation users.                                                                                                  
                                                                                                                                
Co-Chair Merrick indicated the committee had been joined by                                                                     
Representative Thompson.                                                                                                        
                                                                                                                                
9:07:43 AM                                                                                                                    
                                                                                                                                
Representative Josephson  inquired about the impacts  of the                                                                    
aerial  survey  work the  senator  had  mentioned. He  asked                                                                    
whether  the  aerial  work  would  help  prevent  Endangered                                                                    
Species Act (ESA) listings.                                                                                                     
                                                                                                                                
EMMA TORKELSON,  STAFF, SENATOR  JOSH REVAK,  responded that                                                                    
the  work  that  the  Department  of  Fish  and  Game  (DFG)                                                                    
supported with the funds was  wide-ranging. She offered that                                                                    
online testifiers could answer the question in more detail.                                                                     
                                                                                                                                
Representative  Josephson would  follow  up  with Mr.  Eddie                                                                    
Grasser on his question.                                                                                                        
                                                                                                                                
9:08:52 AM                                                                                                                    
                                                                                                                                
EDDIE GRASSER, DIRECTOR,  DIVISION OF WILDLIFE CONSERVATION,                                                                    
DEPARTMENT OF FISH AND  GAME (via teleconference), supported                                                                    
SB 204 and  thanked Senator Revak for  introducing the bill.                                                                    
He had worked  on the tag program since the  1990s. In 2014,                                                                    
he strengthened the statutes to  make fundraising easier. He                                                                    
explained that the  goal of the legislation was  to make DFG                                                                    
a  self-sufficient  operation.   He  provided  some  history                                                                    
around  the legislation.  Hunters  helped  push through  the                                                                    
Wildlife Restoration Act in  Washington D.C., which elicited                                                                    
the Pittman-Robertson  (PR) grants. He thought  that hunters                                                                    
seemed more  willing to  support wildlife  conservation than                                                                    
most other groups.                                                                                                              
                                                                                                                                
Mr.  Grasser  relayed  there  was  a  bill  currently  being                                                                    
discussed  by   the  United   States  Congress   called  the                                                                    
Recovering America's Wildlife Act  (RAWA), and if it passed,                                                                    
the  department  would receive  an  influx  of money  almost                                                                    
equal to the money it received  in PR grants. The bill would                                                                    
provide  money  to  states for  the  purpose  of  recovering                                                                    
species listed  as threatened  or endangered.  He emphasized                                                                    
the  importance of  recovering these  species in  Alaska and                                                                    
added that the failure to  do so could negatively affect the                                                                    
state's  economy. However,  RAWA would  require funds  to be                                                                    
matched by the  state in order to receive the  funds, and it                                                                    
would  be very  difficult for  Alaska to  match $32  million                                                                    
under  the current  system.  He thought  SB  204 would  help                                                                    
bring financial stability  to the state and would  be a good                                                                    
first  step. He  had  been  looking at  other  ways for  the                                                                    
department to be  self-supporting and it was  likely that he                                                                    
would  be   back  before   the  committee   with  additional                                                                    
solutions in coming years.                                                                                                      
                                                                                                                                
9:17:25 AM                                                                                                                    
                                                                                                                                
Senator  Revak offered  clarity on  the suggestion  that the                                                                    
bill  would prevent  new listings  under ESA.  The bill  was                                                                    
essentially  focused on  effective  wildlife management.  If                                                                    
hunters   were   educated   and  wildlife   management   was                                                                    
effective, accidental over-hunting would be less likely.                                                                        
                                                                                                                                
Representative  Josephson   wanted  to  support   the  bill.                                                                    
However, he  was concerned  that 70  percent of  the profits                                                                    
would go  to the  department and  30 percent  would go  to a                                                                    
non-profit.   He   was   worried   that   there   would   be                                                                    
misconceptions  about where  the money  was going.  He asked                                                                    
whether language  could be added  to ensure that  the monies                                                                    
could not be used for consumptive purposes.                                                                                     
                                                                                                                                
9:20:07 AM                                                                                                                    
                                                                                                                                
Co-Chair  Merrick  indicated  Representative  Rasmussen  had                                                                    
joined the meeting.                                                                                                             
                                                                                                                                
Senator   Revak   asked   Mr.    Grasser   to   comment   on                                                                    
Representative  Josephson's concerns.  He  did  not know  if                                                                    
specific  funds  could  be directed  to  specific  types  of                                                                    
management.                                                                                                                     
                                                                                                                                
Mr. Grasser thought  there was a way to direct  the funds to                                                                    
specific  management. He  thought  it would  fall under  the                                                                    
same statutes  that provided for the  non-diversion of funds                                                                    
for the  waterfowl and fur-bearing programs.  He shared that                                                                    
he  had already  compiled  a team  to  put together  another                                                                    
piece  of  legislation  in the  following  year  that  would                                                                    
address  some  of  Representative Josephson's  concerns.  He                                                                    
reiterated  that  if  RAWA  passed,  the  state  would  need                                                                    
matching funds to obtain federal dollars.                                                                                       
                                                                                                                                
Senator Revak  noted that it  was his intent and  the intent                                                                    
of  the  department to  use  the  funds for  non-consumptive                                                                    
purposes.                                                                                                                       
                                                                                                                                
9:23:19 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick OPENED public testimony.                                                                                       
                                                                                                                                
Co-Chair Merrick CLOSED public testimony.                                                                                       
                                                                                                                                
Co-Chair  Merrick provided  an  amendment  deadline for  the                                                                    
following day.                                                                                                                  
                                                                                                                                
CSSB 204(RES)  was HEARD and  HELD in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:24:21 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:25:42 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 220                                                                                                            
                                                                                                                                
     "An Act  relating to  the Public  Employees' Retirement                                                                    
     System of  Alaska and the teachers'  retirement system;                                                                    
     providing  certain employees  an opportunity  to choose                                                                    
     between  the defined  benefit and  defined contribution                                                                    
     plans  of the  Public Employees'  Retirement System  of                                                                    
     Alaska  and   the  teachers'  retirement   system;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:26:02 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick  reported that  the bill had  been returned                                                                    
back to  the committee from  the Rules Committee  to approve                                                                    
of a new fiscal note.                                                                                                           
                                                                                                                                
9:26:10 AM                                                                                                                    
                                                                                                                                
DAVID  KERSHNER, CONSULTING  ACTUARY PRINCIPAL,  BUCK GLOBAL                                                                    
LLC, FLORIDA  (via teleconference), reviewed the  new fiscal                                                                    
impact  note  from  the Department  of  Administration  with                                                                    
control code  szCfR. He indicated  that the  original fiscal                                                                    
note  was dated  March  24, 2022.  The  revised fiscal  note                                                                    
reflected  changes  made  in  Version  B  of  the  committee                                                                    
substitute (CS).  The CS changed  the following:  the normal                                                                    
retirement eligibility requirements  for employees under the                                                                    
Public  Employees' Retirement  System  (PERS) and  Teachers'                                                                    
Retirement  System  (TRS),   the  average  compensation  for                                                                    
teachers changed from three years  to five years, the member                                                                    
contribution  rate for  public employees  other than  police                                                                    
and firefighters [PERS Other]  increased from six percent to                                                                    
eight  percent,  and  all employees  would  be  required  to                                                                    
retire  from   active  service  in  order   to  qualify  for                                                                    
retirement benefits.                                                                                                            
                                                                                                                                
9:30:25 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz asked  how requiring  employees to  retire                                                                    
from  active service  to qualify  for benefits  would affect                                                                    
potential retirees.                                                                                                             
                                                                                                                                
Mr.  Kershner  responded that  if  an  employee ended  their                                                                    
employment  before retirement  and ultimately  retired later                                                                    
on,  they  would  still  receive  retirement  benefits  upon                                                                    
retiring under the original version  of HB 220. The language                                                                    
in  the committee  substitute [version  B] reverted  back to                                                                    
statutory language that required  an employee to retire from                                                                    
active   service  to   receive   benefits.  The   healthcare                                                                    
liabilities would increase if  a higher population of people                                                                    
were  eligible for  benefits, which  is why  the liabilities                                                                    
decreased under version B.                                                                                                      
                                                                                                                                
Co-Chair Merrick invited  the bill sponsor to  the table for                                                                    
questions.                                                                                                                      
                                                                                                                                
9:33:50 AM                                                                                                                    
                                                                                                                                
Representative Josephson asked Mr.  Kershner about page 2 of                                                                    
the  fiscal note  (copy on  file) that  showed a  savings to                                                                    
PERS  and  TRS of  $28.5  million  in  FY 24.  However,  the                                                                    
savings in  FY 28 would be  about a fifth of  the savings in                                                                    
FY 24. He wondered why the savings decreased over time.                                                                         
                                                                                                                                
Mr. Kershner  responded that currently, the  defined benefit                                                                    
plans  were closed  to  new entrants.  It  was assumed  that                                                                    
anyone hired  on or after  July 1  of 2006 would  be entered                                                                    
into the defined contribution plan.  As the system currently                                                                    
stood,  it was  projected that  as the  number of  employees                                                                    
covered  by defined  benefit plans  decreased over  time and                                                                    
employees   entering   into   defined   contribution   plans                                                                    
increased,  contributions from  employers  into the  defined                                                                    
contribution plans  would increase. However, if  HB 220 were                                                                    
to pass,  current members of the  defined contribution plans                                                                    
would  be given  a  choice between  remaining  in a  defined                                                                    
contribution  plan  or  transferring to  a  defined  benefit                                                                    
plan. All future  hires would be given the  choice between a                                                                    
defined contribution  plan and  a defined benefit  plan. For                                                                    
the purpose  of the fiscal  note, Buck had assumed  that all                                                                    
current members of the  defined contribution retirement plan                                                                    
would elect to transfer to  the defined benefit plan. It was                                                                    
also assumed that  all future hires would  enter the defined                                                                    
benefit  plan.  As a  result,  there  would  be a  shift  in                                                                    
employer  contributions between  the two  plan types  as the                                                                    
defined benefit plan membership increased over time.                                                                            
                                                                                                                                
9:37:22 AM                                                                                                                    
                                                                                                                                
Representative  Josephson suggested  that the  legislature's                                                                    
aggressive  pay  down of  the  unfunded  liability had  been                                                                    
helpful.  He  wondered  if the  state  would  have  realized                                                                    
additional  savings   if  the  plan  had   been  implemented                                                                    
earlier.                                                                                                                        
                                                                                                                                
Mr.  Kershner  responded that  it  was  hard to  answer  the                                                                    
question  definitively.  The  total  contribution  rates  as                                                                    
proposed in the  CS were about the same as  they were in the                                                                    
current system.  Employers would continue to  contribute the                                                                    
same amount, which was 22 percent  of pay for PERS and 12.56                                                                    
percent of pay for TRS.  The difference proposed by the bill                                                                    
was an  increase in employer contributions  into the defined                                                                    
benefit plans  rather than  the defined  contribution plans.                                                                    
It was a  shuffling of funds. The shift would  mean that the                                                                    
state  would have  to make  up a  smaller difference,  which                                                                    
would  lead  to  a  decrease in  state  contributions.  When                                                                    
defined benefit plans  were closed to new  entrants in 2006,                                                                    
it reduced  the risk  to the  state of  unfunded liabilities                                                                    
and  therefore  higher   contributions.  Re-opening  defined                                                                    
benefit plans would mean that  the state would reassume some                                                                    
of the  previously prevented risk  and would likely  have to                                                                    
contribute at a  higher rate. It was important  to note that                                                                    
if  asset  returns  were   lower  than  Buck's  projections,                                                                    
contributions to  the state would be  higher. Conversely, if                                                                    
the returns  were more favorable  than projected,  the state                                                                    
contributions would be reduced.                                                                                                 
                                                                                                                                
Vice-Chair  Ortiz   suggested  that   the  passage   of  the                                                                    
legislation would result in a savings to the state.                                                                             
                                                                                                                                
Mr. Kershner  responded in  the affirmative  as long  as the                                                                    
state's  future experiences  under the  plan were  not lower                                                                    
than projected.                                                                                                                 
                                                                                                                                
9:43:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRIER  HOPKINS,   SPONSOR,  responded   the                                                                    
committee  had  been  previously presented  with  the  Monte                                                                    
Carlo analysis  done by actuaries  from Cheiron  that looked                                                                    
at risk analysis. There was  a strong level of confidence in                                                                    
the legislation's  ability to uphold the  projections. There                                                                    
was  a variable  employee contribution  rate built  into the                                                                    
bill,  which  mean that  there  was  risk sharing  with  the                                                                    
employee.  If   there  were  adverse  market   returns,  the                                                                    
employee contribution rate could  be increased to compensate                                                                    
for the  lower returns. A  one percent increase  in employee                                                                    
salary  contributions   would  result  in  a   $200  million                                                                    
additional investment into the  pension fund. He referred to                                                                    
the Buck actuarial  analysis (copy on file) on  page 3, line                                                                    
7.   He  highlighted   the   state's  contribution   percent                                                                    
decreasing over the lifetime of the legislation.                                                                                
                                                                                                                                
9:46:39 AM                                                                                                                    
                                                                                                                                
Representative  LeBon  asked  about   the  assumed  rate  of                                                                    
return, which  he thought  was about  7.8 percent.  He asked                                                                    
what the  impact on  the plan  would be if  a return  of 6.5                                                                    
percent was assumed instead.                                                                                                    
                                                                                                                                
Representative   Hopkins   responded   that   the   specific                                                                    
hypothetical  scenario   was  discussed  by  Cheiron   at  a                                                                    
previous  hearing. He  thought that  Cheiron had  considered                                                                    
6.75 percent, but he would have  to look at the analysis for                                                                    
the  exact   figures.  The   unfunded  liability   that  was                                                                    
currently  being whittled  down due  to the  closure of  the                                                                    
system in  2006 would not  be the responsibility  of current                                                                    
employees.  The state  would experience  reduced costs  as a                                                                    
result of  reopening the system  in order for  new employees                                                                    
to participate.                                                                                                                 
                                                                                                                                
Representative LeBon  asked if the formula  for contribution                                                                    
percentages was defined in the  bill. He suggested that once                                                                    
the  formula was  enacted,  the  minimum retirement  benefit                                                                    
contribution would be established.  He wondered if there was                                                                    
a provision to  increase the benefit in any way  if the fund                                                                    
became more successful than projected.                                                                                          
                                                                                                                                
Representative   Hopkins  replied   in   the  negative.   He                                                                    
explained  that the  post-retirement pension  adjustment was                                                                    
the only thing  that could be changed.  Additionally, if the                                                                    
pension fund was  more than 90 percent funded,  a 10 percent                                                                    
increase  would be  allocated  to  retirees. However,  there                                                                    
would not  be a reduction  below the eight  percent employee                                                                    
contribution minimum.  A future  piece of  legislation could                                                                    
accomplish a reduction, but HB 220 would not.                                                                                   
                                                                                                                                
9:51:32 AM                                                                                                                    
                                                                                                                                
Co-Chair  Foster  MOVED  to  report  CSHB  220(FIN)  out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSHB 220(FIN)  was REPORTED out  of committee with  four "do                                                                    
pass"   recommendations   and  three   "no   recommendation"                                                                    
recommendations and with  one new fiscal impact  note by the                                                                    
Department of Administration.                                                                                                   
                                                                                                                                
Co-Chair Merrick reviewed the agenda for the following                                                                          
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
9:52:19 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:52 a.m.                                                                                          

Document Name Date/Time Subjects
SB 204 Explanation of Changes 3.29.22.pdf HFIN 5/10/2022 9:00:00 AM
SB 204
SB 204 Sponsor Statement Version W 3.29.22.pdf HFIN 5/10/2022 9:00:00 AM
SB 204
SB 204 Sectional Analysis Version W 3.29.22.pdf HFIN 5/10/2022 9:00:00 AM
SB 204
SB 204 Supporting Document Action-Raffle Revenue by Year 2.28.22.pdf HFIN 5/10/2022 9:00:00 AM
SB 204
SB 204 Testimony APHA 3.2.22.pdf HFIN 5/10/2022 9:00:00 AM
SB 204
SB 204 Testimony DF&G 4.28.22.pdf HFIN 5/10/2022 9:00:00 AM
SB 204
SB 204 Testimony RHAK 2.14.22.pdf HFIN 5/10/2022 9:00:00 AM
SB 204
SB 204 Testimony SCI-AK 3.1.22.pdf HFIN 5/10/2022 9:00:00 AM
SB 204
HB220 - AK Stress Test Memo Cheiron 051222.pdf HFIN 5/10/2022 9:00:00 AM
HB 220