Legislature(2003 - 2004)

05/19/2003 03:23 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                          May 19, 2003                                                                                          
                           3:23 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom Anderson, Chair                                                                                              
Representative Bob Lynn, Vice Chair                                                                                             
Representative Carl Gatto                                                                                                       
Representative Norman Rokeberg                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Nancy Dahlstrom                                                                                                  
Representative Harry Crawford                                                                                                   
Representative David Guttenberg                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 73(FIN)                                                                                                  
"An Act relating to the  loan participation program of the Alaska                                                               
Industrial Development  and Export  Authority and  to regulations                                                               
of the  Alaska Industrial Development  and Export  Authority; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSSB 73(FIN) OUT OF COMMITTEE                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 112(FIN)                                                                                                 
"An Act relating to tax refunds for government agency purchases                                                                 
of fuel; and providing for an effective date."                                                                                  
                                                                                                                                
     - MOVED CSSB 112(FIN) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: SB 73                                                                                                                   
SHORT TITLE:AIDEA: LOAN PARTICIPATION & REGULATIONS                                                                             
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR                                                                                      
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/19/03     0223       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/19/03     0223       (S)        L&C, FIN                                                                                     
02/19/03     0223       (S)        FN1: ZERO(CED)                                                                               
02/19/03     0223       (S)        GOVERNOR'S TRANSMITTAL LETTER                                                                
02/27/03                (S)        L&C AT 1:30 PM BELTZ 211                                                                     
02/27/03                (S)        Moved Out of Committee                                                                       
02/27/03                (S)        MINUTE(L&C)                                                                                  
02/28/03     0296       (S)        L&C RPT 5DP                                                                                  
02/28/03     0296       (S)        DP: BUNDE, SEEKINS, DAVIS,                                                                   
                                   FRENCH,                                                                                      
02/28/03     0296       (S)        STEVENS G                                                                                    
02/28/03     0296       (S)        FN1: ZERO(CED)                                                                               
05/08/03                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
05/08/03                (S)        Heard & Held                                                                                 
05/08/03                (S)        MINUTE(FIN)                                                                                  
05/18/03     1546       (S)        FIN RPT CS 3DP 4NR NEW TITLE                                                                 
05/18/03     1546       (S)        DP: GREEN, WILKEN, STEVENS B;                                                                
05/18/03     1546       (S)        NR: TAYLOR, HOFFMAN, OLSON,                                                                  
                                   BUNDE                                                                                        
05/18/03     1546       (S)        FN1: ZERO(CED)                                                                               
05/18/03     1546       (S)        RULES TO CALENDAR 5/18/2003                                                                  
05/18/03     1550       (S)        READ THE SECOND TIME                                                                         
05/18/03     1550       (S)        FIN CS ADOPTED UNAN CONSENT                                                                  
05/18/03     1550       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
05/18/03     1550       (S)        READ THE THIRD TIME CSSB
                                   73(FIN)                                                                                      
05/18/03     1551       (S)        PASSED Y14 N- E1 A5                                                                          
05/18/03     1551       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/18/03     1560       (S)        ELLIS NOTICE OF                                                                              
                                   RECONSIDERATION                                                                              
05/18/03     1560       (S)        RECON TAKEN UP SAME DAY UNAN                                                                 
                                   CONSENT                                                                                      
05/18/03     1560       (S)        PASSED ON RECONSIDERATION Y15                                                                
                                   N- E1 A4                                                                                     
05/18/03     1560       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/18/03     1576       (S)        TRANSMITTED TO (H)                                                                           
05/18/03     1576       (S)        VERSION: CSSB 73(FIN)                                                                        
05/18/03     1880       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/18/03     1880       (H)        L&C                                                                                          
05/18/03                (S)        FIN AT 11:00 AM SENATE                                                                       
                                   FINANCE 532                                                                                  
05/18/03                (S)        Moved CSSB 73(FIN) Out of                                                                    
                                   Committee -- Time Change --                                                                  
05/18/03                (S)        MINUTE(FIN)                                                                                  
05/19/03     1931       (H)        RULES TO CALENDAR PENDING                                                                    
                                   REPORT                                                                                       
05/19/03     1931       (H)        MOVED TO BOTTOM OF CALENDAR                                                                  
05/19/03     1957       (H)        L&C RPT 4DP                                                                                  
05/19/03     1957       (H)        DP: LYNN, GATTO, ROKEBERG,                                                                   
                                   ANDERSON                                                                                     
05/19/03     1957       (H)        FN1: ZERO(CED)                                                                               
05/19/03     1968       (H)        READ THE SECOND TIME                                                                         
05/19/03     1968       (H)        ADVANCED TO THIRD READING                                                                    
                                   5/20 CALENDAR                                                                                
05/19/03                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: SB 112                                                                                                                  
SHORT TITLE:MOTOR FUEL TAX:GOVT AGENCY REFUNDS                                                                                  
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR                                                                                      
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/06/03     0398       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/06/03     0399       (S)        TRA, FIN                                                                                     
03/06/03     0399       (S)        FN1: (REV); FN2: ZERO(DEC)                                                                   
03/06/03     0399       (S)        GOVERNOR'S TRANSMITTAL LETTER                                                                
03/11/03                (S)        TRA AT 1:30 PM TERRY MILLER                                                                  
                                   104                                                                                          
03/11/03                (S)        Scheduled But Not Heard --                                                                   
                                   Location Change --                                                                           
03/11/03                (S)        MINUTE(TRA)                                                                                  
04/03/03                (S)        TRA AT 1:30 PM BUTROVICH 205                                                                 
04/03/03                (S)        Heard & Held                                                                                 
04/03/03                (S)        MINUTE(TRA)                                                                                  
04/24/03                (S)        TRA AT 1:30 PM BUTROVICH 205                                                                 
04/24/03                (S)        Moved CSSB 112(TRA) Out of                                                                   
                                   Committee                                                                                    
04/24/03                (S)        MINUTE(TRA)                                                                                  
04/25/03     0965       (S)        TRA RPT CS 1DP 2DNP 2NR NEW                                                                  
                                   TITLE                                                                                        
04/25/03     0966       (S)        DP: COWDERY; DNP: OLSON,                                                                     
                                   LINCOLN;                                                                                     
04/25/03     0966       (S)        NR: THERRIAULT, WAGONER                                                                      
04/25/03     0966       (S)        FN1: (REV)                                                                                   
04/25/03     0966       (S)        FN2: ZERO(DEC)                                                                               
05/07/03                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
05/07/03                (S)        Heard & Held -- Recessed to                                                                  
                                   5:30 pm --                                                                                   
                                   MINUTE(FIN)                                                                                  
05/18/03     1547       (S)        FIN RPT CS 2DP 4NR NEW TITLE                                                                 
05/18/03     1547       (S)        NR: WILKEN, TAYLOR, HOFFMAN,                                                                 
                                   OLSON;                                                                                       
05/18/03     1547       (S)        DP: GREEN, STEVENS B                                                                         
05/18/03     1547       (S)        FN3: ZERO(ADM)                                                                               
05/18/03     1547       (S)        FN4: ZERO(REV)                                                                               
05/18/03     1547       (S)        RULES TO CALENDAR 5/18/2003                                                                  
05/18/03     1551       (S)        READ THE SECOND TIME                                                                         
05/18/03     1551       (S)        FIN CS ADOPTED UNAN CONSENT                                                                  
05/18/03     1551       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
05/18/03     1551       (S)        READ THE THIRD TIME CSSB
                                   112(FIN)                                                                                     
05/18/03     1552       (S)        PASSED Y18 N1 E1                                                                             
05/18/03     1552       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/18/03     1552       (S)        OGAN NOTICE OF                                                                               
                                   RECONSIDERATION                                                                              
05/18/03     1560       (S)        RECON TAKEN UP SAME DAY UNAN                                                                 
                                   CONSENT                                                                                      
05/18/03     1561       (S)        PASSED ON RECONSIDERATION Y18                                                                
                                   N- E1 A1                                                                                     
05/18/03     1561       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/18/03     1576       (S)        TRANSMITTED TO (H)                                                                           
05/18/03     1576       (S)        VERSION: CSSB 112(FIN)                                                                       
05/18/03     1881       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/18/03     1881       (H)        L&C                                                                                          
05/18/03                (S)        FIN AT 11:00 AM SENATE                                                                       
                                   FINANCE 532                                                                                  
05/18/03                (S)        Moved CSSB 112(FIN) Out of                                                                   
                                   Committee -- Time Change --                                                                  
05/18/03                (S)        MINUTE(FIN)                                                                                  
05/19/03     1958       (H)        L&C RPT 3DP 1NR                                                                              
05/19/03     1958       (H)        DP: LYNN, ROKEBERG, ANDERSON;                                                                
                                   NR: GATTO                                                                                    
05/19/03     1958       (H)        FN3: ZERO(ADM)                                                                               
05/19/03     1958       (H)        FN4: ZERO(REV)                                                                               
05/19/03                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MIKE BARRY, Chairman of the Board                                                                                               
Alaska Industrial Development & Export Authority                                                                                
POSITION STATEMENT:  Spoke on behalf of the sponsor, Senate                                                                     
Rules Committee by request of the governor.                                                                                     
                                                                                                                                
KEVIN JARDELL, Assistant Commissioner                                                                                           
Office of the Commissioner                                                                                                      
Department of Administration                                                                                                    
POSITION STATEMENT:   Spoke on behalf  of the sponsor of  SB 112,                                                               
Senate Rules Committee by request of the governor.                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-55, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR TOM ANDERSON  called the House Labor  and Commerce Standing                                                             
Committee  meeting  to  order  at   3:23  p.m.    Representatives                                                               
Anderson, Lynn, Gatto,  and Rokeberg were present at  the call to                                                               
order.                                                                                                                          
                                                                                                                                
SB  73-AIDEA: LOAN PARTICIPATION & REGULATIONS                                                                                
                                                                                                                                
CHAIR ANDERSON announced  that the first order  of business would                                                               
be CS FOR  SENATE BILL NO. 73(FIN), "An Act  relating to the loan                                                               
participation program  of the  Alaska Industrial  Development and                                                               
Export  Authority and  to regulations  of  the Alaska  Industrial                                                               
Development and Export Authority;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
Number 0060                                                                                                                     
                                                                                                                                
MIKE BARRY, Chairman of the  Board, Alaska Industrial Development                                                               
&  Export Authority  (AIDEA),  spoke on  behalf  of the  sponsor,                                                               
Senate Rules Committee by request  of the governor.  He explained                                                               
that  SB 73  allows AIDEA  to extend  flexibility and  update the                                                               
loan  participation  program.    This would  cope  with  the  low                                                               
interest  rates, the  lowest in  50 years.   A  large portion  of                                                               
AIDEA's funds  are invested  in government  bonds and  that money                                                               
could be  used more  effectively by transferring  it to  a better                                                               
earning asset  in the loan participation  program.  Historically,                                                               
the  loan participation  program  has achieved  a  great deal  of                                                               
success.   The  "charge-offs" in  the loan  participation program                                                               
are less than  seven-tenths of 1 percent, which is  far less than                                                               
the national average for commercial  banks.  Mr. Barry noted that                                                               
the total participation in AIDEA has declined over the years.                                                                   
                                                                                                                                
Number 0150                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked if  the [change] from  $10 million                                                               
to $20  million is the  stand-alone program or a  ceiling without                                                               
legislative approval.                                                                                                           
                                                                                                                                
MR. BARRY explained that this  [change] would extend [the account                                                               
amount]  in  any  one  project.     He  related  that  he  didn't                                                               
anticipate  that this  would be  widely used,  although it  would                                                               
allow AIDEA  to expand  its dialogue with  the banks  and perhaps                                                               
generate a  few more deals.   The $10  million doesn't go  as far                                                               
today  as it  did  when it  was established  many  years ago,  he                                                               
noted.    In further  response  to  Representative Rokeberg,  Mr.                                                               
Barry  clarified  that  in  relation  to  bonding  AIDEA  has  to                                                               
approach the legislature for anything in excess of $10 million.                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG turned  to the change from  20 percent to                                                               
10  percent on  page 2,  lines 18-19,  and asked  why that  isn't                                                               
[considered] subsidizing the banking industry.                                                                                  
                                                                                                                                
MR. BARRY explained that the change  to 10 percent will allow the                                                               
bank to layoff more  of the loan to AIDEA.   He surmised that the                                                               
aforementioned  helped  the banks  in  the  sense that  they  can                                                               
provide better  service to  their customers.   However,  AIDEA is                                                               
giving better  terms than  the banking community  as a  whole and                                                               
thus the  customers want AIDEA  to take  a larger portion  of the                                                               
loan, which fits  with AIDEA's desire to expand the  program.  In                                                               
further response to Representative  Rokeberg, Mr. Barry confirmed                                                               
that the 75 percent loan to value ratio is the maximum.                                                                         
                                                                                                                                
Number 0309                                                                                                                     
                                                                                                                                
MR. BARRY,  in response to  Chair Anderson, explained  that AIDEA                                                               
offers  this   loan  participation   program  to   all  financial                                                               
institutions  in  the state.    Those  financial institutions  do                                                               
their  own underwriting  through the  procedures the  institution                                                               
has, then the  loan is brought to AIDEA.   At that point, AIDEA's                                                               
credit folks  do an independent  underwriting of the  loan, which                                                               
is why  the experience is better  than going solely to  the bank.                                                               
In further  response to  Chair Anderson, Mr.  Barry said,  to his                                                               
knowledge, the only  other state with an  organization like AIDEA                                                               
is Pennsylvania.                                                                                                                
                                                                                                                                
Number 0367                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  moved to  report  CSSB  73(FIN) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal notes.  There being no objection, it was so ordered.                                                                
                                                                                                                                
SB 112-MOTOR FUEL TAX:GOVT AGENCY REFUNDS                                                                                     
                                                                                                                                
CHAIR ANDERSON announced  that the final order  of business would                                                               
be  CS FOR  SENATE BILL  NO. 112(FIN),  "An Act  relating to  tax                                                               
refunds for  government agency purchases  of fuel;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
Number 0412                                                                                                                     
                                                                                                                                
KEVIN   JARDELL,   Assistant    Commissioner,   Office   of   the                                                               
Commissioner, Department  of Administration,  spoke on  behalf of                                                               
the sponsor of  SB 112, Senate Rules Committee by  request of the                                                               
governor.  Mr. Jardell explained  that CSSB 112(FIN) now contains                                                               
a technical  fix to  a statute  that will  allow Alaska  to fully                                                               
utilize its new credit card.   Currently, a reseller of fuel when                                                               
purchasing fuel from a wholesaler pays  the entire gas tax to the                                                               
wholesaler.  [The reseller] recoups the  tax when the gas is sold                                                               
to the consumer, who pays the  fuel price plus the tax.  However,                                                               
when  the  Department  of   Transportation  &  Public  Facilities                                                               
(DOT&PF) purchases the  fuel, the department doesn't  pay the tax                                                               
because  the  state is  exempt  from  the  tax.   Therefore,  the                                                               
reseller  doesn't  recoup the  tax  paid  when the  purchaser  is                                                               
DOT&PF.   Current statute  specifies that  a reseller  can recoup                                                               
the  tax from  the Department  of  Revenue by  sending in  forms.                                                               
However, the state's new credit  card would assume the "headache"                                                               
with regard  to recouping the tax  rather than the reseller.   In                                                               
order to  use this ability the  statutes need to be  changed such                                                               
that  the  participation  to  include  the  state's  credit  card                                                               
company  as well  as  the  already specified  reseller.   Such  a                                                               
change will  make this process  more efficient because  the state                                                               
will  only have  to deal  with one  vendor, one  entity, and  one                                                               
form.                                                                                                                           
                                                                                                                                
Number 0508                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   report  CSSB  112(FIN)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal note.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
3:30 p.m.                                                                                                                       
                                                                                                                                
                                                                                                                                

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