Legislature(1999 - 2000)

02/22/2000 08:06 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                             
                        February 22, 2000                                                                                       
                            8:06 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jeannette James, Chair                                                                                           
Representative Joe Green                                                                                                        
Representative Jim Whitaker                                                                                                     
Representative Bill Hudson                                                                                                      
Representative Hal Smalley                                                                                                      
Representative Scott Ogan                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Beth Kerttula                                                                                                    
                                                                                                                                
OTHER HOUSE MEMBERS PRESENT                                                                                                     
                                                                                                                                
Representative Gail Phillips                                                                                                    
Representative Lisa Murkowski                                                                                                   
Representative John Coghill                                                                                                     
Representative Jerry Sanders                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 335                                                                                                              
"An Act  relating to  information contained  in retirement  system                                                              
records;  relating to  retirement boards;  relating to  procedures                                                              
and hearings under state retirement  systems; relating to benefits                                                              
for reemployed retired members of  retirement systems; relating to                                                              
eligibility  for normal  retirement for  members of the  teachers'                                                              
retirement system  who have Alaska BIA credited  service; relating                                                              
to disability  benefits for members  of state retirement  systems;                                                              
relating  to  deduction  of  premiums  from  retirement  benefits;                                                              
relating  to  protection  of,  and  assignment  and  transfer  of,                                                              
amounts  held  in  retirement  systems;   relating  to  retirement                                                              
benefits for certain employees earning  high salaries; relating to                                                              
qualified domestic  relations orders in state  retirement systems;                                                              
relating to the  definition of 'retirement fund'  in the teachers'                                                              
retirement system;  relating to membership  of state  employees in                                                              
the   teachers'  retirement   system;   relating   to  refund   of                                                              
contributions  made to the  judicial retirement  system or  to the                                                              
former elected public officers retirement  system and repayment of                                                              
refunded  contributions  in  those   systems;  relating  to  self-                                                              
insurance  and   excess  loss  insurance  for   persons  receiving                                                              
benefits   from   a   state   retirement   system;   relating   to                                                              
participation  of  elected  officials  in  the  public  employees'                                                              
retirement system;  relating to reinstatement of  credited service                                                              
in the public employees' retirement  system after a refund because                                                              
of certain  levies; relating  to the  level income option  benefit                                                              
under  the  public  employees'  retirement   system;  relating  to                                                              
participation  of employees of  political subdivisions  and public                                                              
organizations   in  the  public   employees'  retirement   system;                                                              
relating  to  penalties   for  attempts  to  defraud   the  public                                                              
employees'  retirement  system;  relating  to  the  definition  of                                                              
'pension  fund'  in  the  public   employees'  retirement  system;                                                              
relating to calculation of years  of service and of benefits under                                                              
the  public  employees'  retirement system  for  non  certificated                                                              
employees  of  certain  educational  employers;  and  relating  to                                                              
individual accounts  maintained for members of the  former elected                                                              
public officers retirement system."                                                                                             
                                                                                                                                
     - MOVED CSHB 335(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 337                                                                                                              
"An Act  relating to  claims against  permanent fund dividends  to                                                              
pay  certain  amounts owed  to  state  agencies  and to  fees  for                                                              
processing  claims  against  and  assignments  of  permanent  fund                                                              
dividends; and providing for an effective date."                                                                                
                                                                                                                                
     - MOVED CSHB 337(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 380                                                                                                              
"An Act  relating to  contributions to  the Alaska Fire  Standards                                                              
Council and to an insurer tax credit  for those contributions; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 380(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 411                                                                                                              
"An Act relating to the market value  of the permanent fund and to                                                              
distribution of  income of the  permanent fund; and  providing for                                                              
an effective date."                                                                                                             
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 367                                                                                                              
"An Act  providing for the revocation  of driving privileges  by a                                                              
court for  a driver convicted  of a violation  of traffic  laws in                                                              
connection with a fatal motor vehicle  or commercial motor vehicle                                                              
accident;  and  amending  Rules  43  and  43.1,  Alaska  Rules  of                                                              
Administration."                                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 292                                                                                                              
"An  Act  adopting  the  National  Crime  Prevention  and  Privacy                                                              
Compact;  making   criminal  justice   information  available   to                                                              
interested  persons   and  criminal  history   record  information                                                              
available  to the  public; making  certain conforming  amendments;                                                              
and providing for an effective date."                                                                                           
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 335                                                                                                                  
SHORT TITLE: STATE RETIREMENT SYSTEMS AND BENEFITS                                                                              
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/04/00      2091     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/04/00      2092     (H)  STA, FIN                                                                                            
 2/04/00      2092     (H)  REFERRED TO STATE AFFAIRS                                                                           
 2/17/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 2/17/00               (H)  Heard & Held                                                                                        
 2/17/00               (H)  MINUTE(STA)                                                                                         
 2/22/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB 337                                                                                                                  
SHORT TITLE: CLAIMS AGAINST PERM FUND DIVIDENDS                                                                                 
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/04/00      2094     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/04/00      2094     (H)  STA, JUD, FIN                                                                                       
 2/04/00      2094     (H)  FISCAL NOTE (LABOR)                                                                                 
 2/04/00      2094     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/04/00      2094     (H)  REFERRED TO STATE AFFAIRS                                                                           
 2/22/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB 380                                                                                                                  
SHORT TITLE: INSURER TAX CREDIT:FIRE STANDRDS COUNCIL                                                                           
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2213     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2213     (H)  STA, L&C, FIN                                                                                       
 2/16/00      2213     (H)  REFERRED TO STATE AFFAIRS                                                                           
 2/22/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB 411                                                                                                                  
SHORT TITLE: DISTRIBUTION OF PERMANENT FUND INCOME                                                                              
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2221     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2221     (H)  STA, FIN                                                                                            
 2/16/00      2221     (H)  REFERRED TO STATE AFFAIRS                                                                           
 2/18/00      2240     (H)  COSPONSOR(S): DAVIES                                                                                
 2/22/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
MELINDA HOFSTAD, Legislative Assistant                                                                                          
 to Representative Bill Hudson                                                                                                  
Alaska State Legislature                                                                                                        
Capitol Building, Room 108                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Provided information on HB 335.                                                                            
                                                                                                                                
GUY BELL, Director                                                                                                              
Division of Retirement and Benefits                                                                                             
Department of Administration                                                                                                    
PO Box 110203                                                                                                                   
Juneau, Alaska 99811-0203                                                                                                       
POSITION STATEMENT:  Provided information and answered questions                                                                
regarding HB 335.                                                                                                               
                                                                                                                                
RON HULL, Deputy Director                                                                                                       
Division of Employment Security                                                                                                 
Department of Labor & Workforce Development                                                                                     
PO Box 25509                                                                                                                    
Juneau, Alaska 99802-5509                                                                                                       
POSITION STATEMENT:  Provided department's position and answered                                                                
questions regarding HB 337.                                                                                                     
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner                                                                                             
Department of Labor & Workforce Development                                                                                     
PO Box 21149                                                                                                                    
Juneau, Alaska 99802-1149                                                                                                       
POSITION STATEMENT:  Provided department's position and answered                                                                
questions regarding HB 337.                                                                                                     
                                                                                                                                
NANCI JONES, Director                                                                                                           
Permanent Fund Dividend Division                                                                                                
Department of Revenue                                                                                                           
PO Box 110460                                                                                                                   
Juneau, Alaska 99811-0460                                                                                                       
POSITION STATEMENT:  Answered questions regarding HB 337.                                                                       
                                                                                                                                
REPRESENTATIVE GENE THERRIAULT                                                                                                  
Alaska State Legislature                                                                                                        
Capitol Building, Room 511                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified as sponsor of HB 380.                                                                            
                                                                                                                                
MICHAEL McGOWAN                                                                                                                 
Fire Chiefs' Association                                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 380.                                                                            
                                                                                                                                
SCOTT WALDEN, Assistant Chief                                                                                                   
Kenai Fire Department                                                                                                           
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 380.                                                                            
                                                                                                                                
STEVE O'CONNOR, Assistant Chief                                                                                                 
Central Emergency Services                                                                                                      
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 380.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-8, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  JEANNETTE JAMES  called the  House  State Affairs  Standing                                                              
Committee meeting  to order at 8:06  a.m.  Members present  at the                                                              
call  to  order  were  Representatives   James,  Green,  Whitaker,                                                              
Smalley and  Ogan.  Representative  Hudson arrived as  the meeting                                                              
was in progress.  Representative Kerttula was excused.                                                                          
                                                                                                                                
HB 335-STATE RETIREMENT SYSTEMS AND BENEFITS                                                                                  
                                                                                                                                
Number 0020                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced the first  order of business is  HOUSE BILL                                                              
NO. 335, "An  Act relating to information contained  in retirement                                                              
system  records;  relating  to  retirement   boards;  relating  to                                                              
procedures and  hearings under state retirement  systems; relating                                                              
to benefits for reemployed retired  members of retirement systems;                                                              
relating to eligibility  for normal retirement for  members of the                                                              
teachers' retirement system who have  Alaska BIA credited service;                                                              
relating to  disability benefits  for members of  state retirement                                                              
systems;  relating  to  deduction   of  premiums  from  retirement                                                              
benefits; relating  to protection of, and assignment  and transfer                                                              
of, amounts  held in  retirement systems;  relating to  retirement                                                              
benefits for certain employees earning  high salaries; relating to                                                              
qualified domestic  relations orders in state  retirement systems;                                                              
relating to the  definition of 'retirement fund'  in the teachers'                                                              
retirement system;  relating to membership  of state  employees in                                                              
the   teachers'  retirement   system;   relating   to  refund   of                                                              
contributions  made to the  judicial retirement  system or  to the                                                              
former elected public officers retirement  system and repayment of                                                              
refunded  contributions  in  those   systems;  relating  to  self-                                                              
insurance  and   excess  loss  insurance  for   persons  receiving                                                              
benefits   from   a   state   retirement   system;   relating   to                                                              
participation  of  elected  officials  in  the  public  employees'                                                              
retirement system;  relating to reinstatement of  credited service                                                              
in the public employees' retirement  system after a refund because                                                              
of certain  levies; relating  to the  level income option  benefit                                                              
under  the  public  employees'  retirement   system;  relating  to                                                              
participation  of employees of  political subdivisions  and public                                                              
organizations   in  the  public   employees'  retirement   system;                                                              
relating  to  penalties   for  attempts  to  defraud   the  public                                                              
employees'  retirement  system;  relating  to  the  definition  of                                                              
'pension  fund'  in  the  public   employees'  retirement  system;                                                              
relating to calculation of years  of service and of benefits under                                                              
the  public  employees'  retirement system  for  non  certificated                                                              
employees  of  certain  educational  employers;  and  relating  to                                                              
individual accounts  maintained for members of the  former elected                                                              
public officers retirement system."                                                                                             
                                                                                                                                
Number 0100                                                                                                                     
                                                                                                                                
MELINDA  HOFSTAD,  Legislative Assistant  to  Representative  Bill                                                              
Hudson,  Alaska   State  Legislature,  offered  Amendment   1,  1-                                                              
LS1217\H.1, Cramer, 2/21/00, which read:                                                                                        
                                                                                                                                
     Page 7, lines 17-29:                                                                                                       
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 24, lines 812:                                                                                                        
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 24, line 30, through page 25, line 3:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 33, line 26:                                                                                                          
          Delete "sec.30"                                                                                                       
          Insert "sec.29"                                                                                                       
                                                                                                                                
     Page 33, line 29:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
MS. HOFSTAD requested  that Guy Bell come forward  and discuss the                                                              
amendments.                                                                                                                     
                                                                                                                                
Number 0178                                                                                                                     
                                                                                                                                
GUY  BELL,   Director,  Division   of  Retirement  and   Benefits,                                                              
Department  of Administration,  reminded the  committee that  last                                                              
week the proposed  committee substitute (CS) [Version  H] had been                                                              
discussed section  by section,  and questions  were asked  that he                                                              
would answer  today.   He suggested  that Sections  9, 44,  and 46                                                              
regarding recovery  from disability  be dropped entirely  from the                                                              
proposed CS; the amendment was written accordingly.                                                                             
                                                                                                                                
MR. BELL,  in response to a  question from Chair  James, explained                                                              
that since the proposed CS discusses  technical cleanup issues and                                                              
not policy  issues, it  would be advisable  to handle  Sections 9,                                                              
44, and 46 in a different manner.   Through the hearing process he                                                              
now understands recovery from disability to be a policy issue.                                                                  
                                                                                                                                
Number 0350                                                                                                                     
                                                                                                                                
CHAIR JAMES  made it  clear that  the proposed  CS is a  technical                                                              
cleanup, not to  change policy; Amendment 1 removes  policy issues                                                              
from the proposed CS.                                                                                                           
                                                                                                                                
Number 0417                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY made a motion  to adopt Amendment 1.  There                                                              
being no objection, Amendment 1 was adopted.                                                                                    
                                                                                                                                
Number 0470                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  made a motion  to move CSHB 335,  version 1-                                                              
LS1217\H,  Cramer,  2/13/00 [as  amended]  out of  committee  with                                                              
individual  recommendations  and  attached  fiscal notes.    There                                                              
being  no objection,  CSHB  335(STA) moved  from  the House  State                                                              
Affairs Standing Committee.                                                                                                     
                                                                                                                                
HB 337-CLAIMS AGAINST PERM FUND DIVIDENDS                                                                                     
                                                                                                                                
Number 0550                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced the  next order of  business is  HOUSE BILL                                                              
NO.  337,  "An  Act relating  to  claims  against  permanent  fund                                                              
dividends to  pay certain  amounts owed to  state agencies  and to                                                              
fees for  processing claims against  and assignments  of permanent                                                              
fund dividends; and providing for an effective date."                                                                           
                                                                                                                                
Number 0620                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SMALLEY  made  a  motion  to  adopt  the  proposed                                                              
committee substitute  (CS), version 1-GH2060\G, Cook,  2/17/00, as                                                              
a work draft.  There being no objection,  Version G was before the                                                              
committee.                                                                                                                      
                                                                                                                                
RON  HULL,  Deputy  Director,  Division  of  Employment  Security,                                                              
Department  of   Labor  &  Workforce  Development   (DOLWD),  said                                                              
currently  the only  method the DOLWD  has to  attach a  permanent                                                              
fund  dividend  is by  voluntary  assignment, judgment  through  a                                                              
small-claims action,  or through a criminal  prosecution judgment.                                                              
The proposed CS  would speed recovery.  He explained  that federal                                                              
law prohibits the offset of unemployed  insurance (UI) benefits to                                                              
collect money, which, if recovered,  is deposited into the general                                                              
fund.   Estimated  recovery  of penalties  in  the  first year  is                                                              
approximately $750,000, and $400,000 each year thereafter.                                                                      
                                                                                                                                
MR. HULL pointed  out that Section  2 amends AS 43.23 by  adding a                                                              
new  section  .072,  in  which  subsection   (a)  adds  procedures                                                              
allowing  DOLWD  to  make  a  claim  against  the  permanent  fund                                                              
dividend  for  money owed  to  the  state agency  and  establishes                                                              
procedure  for  execution  of  the   same.    Subsection  (b),  he                                                              
indicated,   establishes  procedures   for  notification   of  the                                                              
individual, and subsection (c) makes  an exception to notification                                                              
when an  individual requests  a hearing.    Furthermore,  if DOLWD                                                              
has a  notification or hearing  procedure established  in statute,                                                              
the  department may  use that  procedure.   Subsection (e)  allows                                                              
DOLWD to adopt regulations to implement  or interpret this section                                                              
by  the same  procedure under  which  it adopts  regulations to  a                                                              
program.   Subsection  (f) allows  DOLWD to  include fines,  fees,                                                              
penalties, overpayments,  attorney fees,  costs and  other amounts                                                              
owed the department under state law.   Section 3 is a transitional                                                              
provision  that allows  DOLWD to  adopt  regulations to  interpret                                                              
Sections 1  and 2 of this proposed  CS.  Section 4  specifies that                                                              
Section 3 takes  place immediately, and Section 5  says Sections 1                                                              
and 2 take effect on January 1, 2001.                                                                                           
                                                                                                                                
Number 0882                                                                                                                     
                                                                                                                                
CHAIR JAMES  directed  Mr. Hull's  attention to  page 3, line  29,                                                              
where  it reads  "fines, fees,  penalties, overpayments,  attorney                                                              
fees, costs,  and other  amounts owed the  department."   With the                                                              
exception  of overpayment,  she asked,  what due  process does  an                                                              
individual have to  determine if the fines, fees  and so forth are                                                              
factual?    And   how  does  the  department   determine  that  an                                                              
individual owes money?                                                                                                          
                                                                                                                                
MR. HULL answered that page 3, line  29, refers to cases that have                                                              
already  gone to  court, such  as a  small claims  action.   Small                                                              
claims actions  carry a 10.5  percent interest penalty  on overdue                                                              
benefits, and such  a penalty is awarded to DOLWD  by small claims                                                              
court.   The criminal court awards  fines and penalties  to DOLWD,                                                              
but  DOLWD  itself   does  not  levy  fines  except   for  benefit                                                              
overpayments.                                                                                                                   
                                                                                                                                
Number 0991                                                                                                                     
                                                                                                                                
CHAIR JAMES  asked if the proposed  CS only allows  the collection                                                              
of fines, fees,  penalties, attorney fees and  costs as deductions                                                              
from the permanent  fund dividend, providing that  due process has                                                              
already been experienced in the court.                                                                                          
                                                                                                                                
MR. HULL answered in the affirmative.                                                                                           
                                                                                                                                
CHAIR JAMES  asked if  DOLWD can  collect on overpayments  without                                                              
going to court.                                                                                                                 
                                                                                                                                
MR.  HULL  answered  that  DOLWD   can  collect  by  means  of  an                                                              
administrative hearing, which he considers to be due process.                                                                   
                                                                                                                                
CHAIR  JAMES replied  that an  administrative hearing  is not  the                                                              
same as  going outside DOLWD  to court.   She reiterated  that she                                                              
does not want to skip due process  for the individual while making                                                              
it simple and less expensive for DOLWD to collect money.                                                                        
                                                                                                                                
Number 1064                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  said he is concerned  about due process.   He                                                              
cited Governor  Knowles' letter [of  February 2, 2000]  to Speaker                                                              
Porter, which says  "most state agencies still need  to use a time                                                              
consuming  and  costly  court action  to  attach  an  individual's                                                              
permanent fund dividend."   In his  opinion, that phrase refers to                                                              
due process.  He explained that the  proposed CS appears to bypass                                                              
the court process.                                                                                                              
                                                                                                                                
CHAIR JAMES commented that Governor  Knowles' letter is written to                                                              
the original  HB 337 draft, and  therefore does not apply  to this                                                              
proposed  CS.   However, she  is  concerned that  the due  process                                                              
problem still exists in the proposed CS.                                                                                        
                                                                                                                                
Number 1131                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  indicated the  proposed CS turns  due process                                                              
into an  administrative hearing  process.   Further, he  added, an                                                              
administrative  hearing  process  simply amounts  to  an  in-house                                                              
administrative hearing officer who  works for the commissioner and                                                              
is accountable to  the commissioner for the amount  of collections                                                              
he/she accomplishes,  so there is concern that  an individual will                                                              
not  get an  unbiased  hearing.   He  emphasized  that  he sees  a                                                              
constant  erosion of  people's rights  in the  name of  government                                                              
expediency.                                                                                                                     
                                                                                                                                
CHAIR JAMES acknowledged that every  citizen should have the right                                                              
to  due  process.    She  also  agreed  with  Representative  Ogan                                                              
regarding the possible bias of administrative  hearings.  However,                                                              
she said overpayments seem to be  quite clear:  either there is an                                                              
overpayment or there  is not.  She also recognized  that it is not                                                              
easy for people  to pay back an overpayment.  She  stated that she                                                              
is  definitely   concerned  about   the  proposed  CS   apparently                                                              
circumventing  due  process  by adding  the  words  "fines,  fees,                                                              
penalties, overpayments,  attorney fees, costs, and  other amounts                                                              
owed."   She asked  Mr. Hull  if the  proposed CS circumvents  due                                                              
process.                                                                                                                        
                                                                                                                                
Number 1270                                                                                                                     
                                                                                                                                
MR. HULL  replied in the negative.   He acknowledged that  a DOLWD                                                              
administrative hearing is not the  last resource for an individual                                                              
who is in contention  for alleged money owed.   He reiterated that                                                              
a claimant  could choose  to file a lawsuit  in an  outside court;                                                              
thus due process continues.  Fines  and penalties mentioned in the                                                              
proposed CS are  part of due process because those  are determined                                                              
by a court of law.                                                                                                              
                                                                                                                                
CHAIR  JAMES said  she understood,  then,  that fines,  penalties,                                                              
attorney fees and costs all must be court-approved.                                                                             
                                                                                                                                
MR. HULL answered in the affirmative.                                                                                           
                                                                                                                                
CHAIR  JAMES   noted  that  the   proposed  CS,  then,   makes  it                                                              
unnecessary to  go to  an outside court  to authorize  a deduction                                                              
from an individual's permanent fund  dividend.  She commented that                                                              
she  understood  DOLWD  had  made   an  assessment  through  court                                                              
procedure and  at that point would  use the proposed CS  to make a                                                              
collection.                                                                                                                     
                                                                                                                                
Number 1380                                                                                                                     
                                                                                                                                
MR. HULL  replied in the affirmative.   He reminded  the committee                                                              
that there  is a two-level,  in-house appeal process  available to                                                              
an individual:  (1) a lower-level  appeal and (2) an appeal to the                                                              
commissioner.  If DOLWD prevails  at both levels, then the debt is                                                              
established.                                                                                                                    
                                                                                                                                
CHAIR JAMES  asked if there  is a difference between  overpayments                                                              
and  the other  charges that  the  proposed CS  addresses in  that                                                              
overpayments do not have to be determined by a court.                                                                           
                                                                                                                                
MR. HULL replied in the affirmative.                                                                                            
                                                                                                                                
CHAIR JAMES asked what "fees" are  referred to in the proposed CS.                                                              
                                                                                                                                
Number 1414                                                                                                                     
                                                                                                                                
MR. HULL answered  that he did not know what the  fees were for or                                                              
why they were in the proposed CS.                                                                                               
                                                                                                                                
Number 1421                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN   asked  if  the  fees  are   established  by                                                              
regulation.                                                                                                                     
                                                                                                                                
MR. HULL replied in the affirmative.                                                                                            
                                                                                                                                
CHAIR JAMES  said she  is not happy  with the  word "fees"  in the                                                              
proposed CS unless someone can tell her what they are for.                                                                      
                                                                                                                                
DWIGHT  PERKINS,  Deputy  Commissioner,   Department  of  Labor  &                                                              
Workforce Development,  said the word "fees" will  be removed from                                                              
the proposed CS.                                                                                                                
                                                                                                                                
REPRESENTATIVE  WHITAKER  noted  that  he is  concerned  with  the                                                              
notion of overpayment.   He asked if overpayment  is the result of                                                              
(indisc.) claim  or of a  mistake by the  agency.  He  requested a                                                              
percentage breakdown of mistakes.                                                                                               
                                                                                                                                
Number 1483                                                                                                                     
                                                                                                                                
MR. HULL  answered that an overpayment  could be a result  of both                                                              
reasons,  as stated  by Representative  Whitaker.   He  reiterated                                                              
that  DOLWD breaks  collection into  two  categories:   fraudulent                                                              
claims and  error.  For  the latter, there  could be error  on the                                                              
part of both DOLWD and the claimant.                                                                                            
                                                                                                                                
REPRESENTATIVE WHITAKER asked if  DOLWD could show a percentage of                                                              
errors as opposed to fraudulent claims.                                                                                         
                                                                                                                                
MR. HULL replied that he was not  prepared to answer that question                                                              
but that  DOLWD does produce a  monthly report with  those figures                                                              
and he will provide it to the committee.                                                                                        
                                                                                                                                
CHAIR  JAMES  offered to  help  answer  Representative  Whitaker's                                                              
question.    Every month,  she  said,  DOLWD  sends a  request  to                                                              
employers  asking  for information  and  verification  as to  when                                                              
employees  were  working.    Then,  when  an  employee  files  for                                                              
unemployment insurance, the dates  between what an employee claims                                                              
and  what an  employer reports  may not  agree because  of a  time                                                              
lapse  in  the   method  of  reporting.    Another   problem  with                                                              
unemployment insurance  dates occurs because work  is counted when                                                              
an  employee gets  paid, not  when the  employee actually  worked.                                                              
She  acknowledged   that  generally   when  someone   receives  an                                                              
overpayment, that  person is aware  of the overpayment but  in her                                                              
long  career  as  a  payroll  person,  she  has  not  seen  anyone                                                              
deliberately cause an overpayment.                                                                                              
                                                                                                                                
Number 1615                                                                                                                     
                                                                                                                                
MR. HULL recognized  that a time-lapse problem as  Chair James had                                                              
just described  happens quite often  in DOLWD, but  the department                                                              
does not  consider that  to be fraud,  especially if  the employee                                                              
reports the overpayment.                                                                                                        
                                                                                                                                
REPRESENTATIVE WHITAKER  stated that  even though DOLWD  would not                                                              
label  an overpayment  as  fraudulent,  the overpayment  is  still                                                              
classified as  an overpayment, and  the employee's  permanent fund                                                              
dividend  would  be  subject  to   garnishment  according  to  the                                                              
proposed CS.                                                                                                                    
                                                                                                                                
CHAIR JAMES  said she  understood that  money collected  from both                                                              
fraud and  overpayment judgments  would be  deposited in  the [UI]                                                              
trust fund.                                                                                                                     
                                                                                                                                
Number 1667                                                                                                                     
                                                                                                                                
MR. HULL  specified that by  statutory authority DOLWD  assesses a                                                              
50 percent  penalty  on all fraud  cases; the  money collected  is                                                              
deposited in  the general fund.   Money collected  for overpayment                                                              
is deposited in the UI trust fund.                                                                                              
                                                                                                                                
CHAIR  JAMES  asked  if DOLWD  had  a  dollar  figure of  what  is                                                              
currently owed to the department in overpayments.                                                                               
                                                                                                                                
MR.  HULL answered  that  $4.5 million  is  owed  for fraud,  $3.5                                                              
million in statutory penalties and  $1.5 million for overpayments.                                                              
                                                                                                                                
REPRESENTATIVE WHITAKER  asked how many cases are  involved in the                                                              
stated figures.                                                                                                                 
                                                                                                                                
Number 1736                                                                                                                     
                                                                                                                                
MR. HULL surmised that several thousand cases are involved.                                                                     
                                                                                                                                
CHAIR JAMES offered  her belief, from her experience,  that people                                                              
on unemployment are  not financially secure; when  a check arrives                                                              
in  the mail,  they  cash it,  whether  it is  right  or wrong  to                                                              
receive it,  just because they need  the money.  Therefore,  it is                                                              
not easy  for people on unemployment  to pay back  an overpayment,                                                              
and she sees the  proposed CS as an involuntary way  for people to                                                              
return overpayments.                                                                                                            
                                                                                                                                
Number 1772                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN said the  DOLWD fiscal  note states  that in                                                              
the first  year of  collection DOLWD  would recover $1.5  million,                                                              
most of which  would be fraud  overpayments.  In the  second year,                                                              
collection by DOLWD drops to about  half of that amount.  He asked                                                              
if the proposed  CS was designed  to scare people with  the threat                                                              
of losing their permanent fund dividends.                                                                                       
                                                                                                                                
MR. HULL answered that the motive  is the huge uncollected balance                                                              
of fraud money owed to DOLWD, which  assesses two or three million                                                              
dollars per  year for fraud but  is successful in  collecting only                                                              
50 to 55  percent of money owed.   However, DOLWD does  collect 90                                                              
percent of overpayments  assessed.  Collection of  $1.5 million in                                                              
the first year and the subsequent  drop to half that collection in                                                              
following years is  because of the five- or  six-year accumulation                                                              
of old debt.   He commented that  $1.5 million of money  owed does                                                              
not accrue in one year.                                                                                                         
                                                                                                                                
Number 1844                                                                                                                     
                                                                                                                                
CHAIR  JAMES  asked  if  DOLWD  had  matched  debtors  with  their                                                              
permanent fund dividends,  and if it was likely  that those people                                                              
had left the state.                                                                                                             
                                                                                                                                
MR.  HULL  replied  in  the  affirmative  to  both  parts  of  the                                                              
question.   He mentioned  that DOLWD  sends a  letter to  debtors,                                                              
many of whom voluntarily assign their  permanent fund dividends to                                                              
DOLWD.  Debtors who have left the state are another problem.                                                                    
                                                                                                                                
REPRESENTATIVE GREEN expressed concern  about the fraud.  He asked                                                              
whether the drop  in collections after the first  year indicates a                                                              
collection decrease  each year, and  whether there would  be about                                                              
$2 million or $3 million that DOLWD would never recover.                                                                        
                                                                                                                                
Number 1871                                                                                                                     
                                                                                                                                
MR. HULL answered, "Probably."                                                                                                  
                                                                                                                                
REPRESENTATIVE  GREEN   asked  if  collection  of   the  non-fraud                                                              
overpays would also decrease since  Mr. Hull had said $1.5 million                                                              
is owed, yet DOLWD only expects to collect $400,000.                                                                            
                                                                                                                                
MR. HULL answered  that DOLWD does much better  with collection of                                                              
non-fraud money than with fraud collection,  collecting as much as                                                              
90 percent  of that.   However,  DOLWD does  poorly on  collecting                                                              
penalties because the department  cannot use UI trust fund dollars                                                              
to offset it.  If a person claims  benefits at a later date, after                                                              
paying off the  overpayments but not the statutory  penalties, the                                                              
department  cannot  collect  that  penalty  [from  UI  trust  fund                                                              
money].                                                                                                                         
                                                                                                                                
REPRESENTATIVE GREEN noted that the  ratios, however, indicate the                                                              
same sort  of trend.   He asked  whether that  is because it  is a                                                              
ballpark guess.                                                                                                                 
                                                                                                                                
MR. HULL answered  that it is based not on what  the department is                                                              
doing on  a yearly basis,  but on the fact  that there is  a large                                                              
balance out there.                                                                                                              
                                                                                                                                
Number 1937                                                                                                                     
                                                                                                                                
CHAIR JAMES  asked whether  anyone else  wanted to testify;  there                                                              
was no response.                                                                                                                
                                                                                                                                
CHAIR JAMES  then requested  a motion for  Amendment 1,  to remove                                                              
the word "fees" from page 3, line 30, of the proposed CS.                                                                       
                                                                                                                                
REPRESENTATIVE  HUDSON made  a motion  to adopt  the foregoing  as                                                              
Amendment 1.  There being no objection, Amendment 1 was adopted.                                                                
                                                                                                                                
REPRESENTATIVE  OGAN noted that  the entirety  of Section  1 talks                                                              
about fees for processing claims and assignments.                                                                               
                                                                                                                                
CHAIR JAMES  proposed having  the drafter  remove "fees"  wherever                                                              
that wording exists in Section 1.                                                                                               
                                                                                                                                
Number 2062                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  answered that he would feel  more comfortable                                                              
if it dealt strictly with fraudulent  claims and was not so heavy-                                                              
handed with  people after the department  had made a mistake.   He                                                              
felt that people should not pay for DOLWD's mistakes.                                                                           
                                                                                                                                
REPRESENTATIVE  WHITAKER  echoed  Representative  Ogan's  concern,                                                              
saying he  is very  concerned about  the appearance or  perception                                                              
that  individual  rights  are being  subjugated  to  state  agency                                                              
expediency.   He specified that he  could support the  proposed CS                                                              
if it related only to fraudulent claims.                                                                                        
                                                                                                                                
Number 2188                                                                                                                     
                                                                                                                                
CHAIR   JAMES  explained   that  in   the  proposed   legislation,                                                              
fraudulent  claims must  go through  a court process.   Whereas  a                                                              
small number  of overpayments  are due  to departmental  error, it                                                              
seems the majority would be either  an employee's or an employer's                                                              
error.  She asked Mr. Hull to respond.                                                                                          
                                                                                                                                
MR.  HULL  said  Chair  James  is  correct  because  DOLWD  tracks                                                              
overpayment errors  and assigns a  code for each source  of error;                                                              
one code  designates departmental  error, which  is a fairly  rare                                                              
cause.   Many  times  when the  department  makes  the error,  the                                                              
department tends to treat it differently.                                                                                       
                                                                                                                                
Number 2273                                                                                                                     
                                                                                                                                
CHAIR JAMES commented that she believes  most overpayments are not                                                              
fraudulent;  therefore,   they  should  be  put   in  a  different                                                              
category.     She  added  that   fraudulent  claims   are  already                                                              
authorized to levy fees and fines through a court process.                                                                      
                                                                                                                                
MR. HULL agreed  fees and fines are assessed by the  court, not by                                                              
the department.                                                                                                                 
                                                                                                                                
REPRESENTATIVE OGAN  asked Mr. Hull to clarify  his statement that                                                              
most of  the money  owed is  due to benefit  overpayments  but the                                                              
Governor's  letter  states that  $4.5  million  is due  to  fraud.                                                              
Representative  Ogan emphasized  that the  numbers in the  sponsor                                                              
statement and the letter do not match.                                                                                          
                                                                                                                                
Number 2373                                                                                                                     
                                                                                                                                
MR. HULL replied  that the fraudulent collection  amount [owed] is                                                              
so large  is because of difficulty  in collection.  The  DOLWD has                                                              
been trying  to collect this money  for five or six years,  and as                                                              
each year goes by, the amount to be collected increases.                                                                        
                                                                                                                                
REPRESENTATIVE GREEN  asked why DOLWD  is reluctant to act  on the                                                              
concern expressed  by Representatives Ogan and  Whitaker regarding                                                              
overpayments if the  bulk of outstanding money owed  is for fraud.                                                              
He suggested that  perhaps the committee would be  doing a service                                                              
to DOLWD by limiting the proposed CS to fraudulent claims only.                                                                 
                                                                                                                                
Number 2438                                                                                                                     
                                                                                                                                
MR. HULL  answered that  if passage  of the  proposed CS  depended                                                              
upon separation of  fraud from overpayments, then  he would accept                                                              
the  proposed  CS  for  fraud  only.   He  agreed  that  DOLWD  is                                                              
successful on collection of overpays.                                                                                           
                                                                                                                                
CHAIR JAMES  asked how  much money  DOLWD is  supposed to  collect                                                              
from overpayment cases.                                                                                                         
                                                                                                                                
MR.  HULL   replied  that   around  $1.6   million  is   owed  for                                                              
overpayments.   A  good bit  of that  is money  that DOLWD  cannot                                                              
collect.  When asked to provide an  example of why DOLWD could not                                                              
collect that  money, Mr. Hull answered  that partly it  because of                                                              
the cost of going to small claims  court.  On a non-fraud case, if                                                              
a person who  has been overpaid reapplies for  benefits, the DOLWD                                                              
can offset  the money.  Otherwise,  it is a matter  of collection;                                                              
the department  gets a judgment in  small claims court,  and if it                                                              
is a  large enough amount  of make  it worthwhile, the  department                                                              
uses that judgment to go back and  get the person's permanent fund                                                              
dividend.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  WHITAKER said he  was having difficultly  aligning                                                              
the 2 percent mentioned earlier with the $1.6 million.                                                                          
                                                                                                                                
MR. HULL noted  that the 2 percent  may be wrong "by  a percent or                                                              
two."   He then said  the percentage  refers to the  percentage of                                                              
overpayments that might be caused by departmental error.                                                                        
                                                                                                                                
Number 2526                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN asked if DOLWD  had thought about reporting it                                                              
to a credit bureau  or hiring a collection agency.   He noted that                                                              
most reasonable  people do  not want their  credit records  put in                                                              
jeopardy, which a collection agency threatens to do.                                                                            
                                                                                                                                
MR.  HULL  answered  that  the  department  had  looked  at  that.                                                              
However, there were  problems regarding how to pay  for it because                                                              
there is a  fee attached to it.   However, the biggest  problem is                                                              
that collection agencies  do not want to deal with  old debt; they                                                              
prefer  30-90 day  debt.   The  department  can  collect new  debt                                                              
easily itself; the problem is in collecting old debt.                                                                           
                                                                                                                                
Number 2576                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN asked if  DOLWD had  looked at statistics  of                                                              
people who  owe old debt in order  to ascertain if they  are still                                                              
receiving permanent fund dividends.                                                                                             
                                                                                                                                
MR. HULL  answered in the affirmative  but said he  cannot provide                                                              
percentages.   He estimated that  about 50 percent of  [people who                                                              
owe] fraud debt are located out of state.                                                                                       
                                                                                                                                
CHAIR JAMES  asked where  DOLWD would  stand in  the hierarchy  of                                                              
permanent fund dividend lien authority  if the proposed CS passed.                                                              
                                                                                                                                
Number 2626                                                                                                                     
                                                                                                                                
MR. HULL replied that he thinks DOLWD is number five.                                                                           
                                                                                                                                
NANCI   JONES,  Director,   Permanent   Fund  Dividend   Division,                                                              
Department  of Revenue,  said the  proposed  CS is  a request  for                                                              
administrative levy  powers.  If  the proposed CS  separates fraud                                                              
collection  from overpayment  collection, then  DOLWD's [place  in                                                              
the] payment  hierarchy changes;  one levy  has a higher  priority                                                              
than  the other.   If  the proposed  CS authorized  levy power  to                                                              
DOLWD  for both  types of  collections,  that would  give DOLWD  a                                                              
higher  priority   in  permanent   fund  dividend  levies.     She                                                              
emphasized  that  it  is  an  administrative   nightmare  for  the                                                              
Permanent Fund Dividend  Division to impose the levy  if the areas                                                              
to be levied are cut up into little pieces.                                                                                     
                                                                                                                                
Number 2705                                                                                                                     
                                                                                                                                
REPRESENTATIVE   HUDSON  inquired   of   Ms.  Jones   as  to   the                                                              
hierarchical position of DOLWD if  the proposed CS were to pass as                                                              
it stands  now.   He also asked  who the  other agencies  are that                                                              
have authority to garnish permanent fund dividends.                                                                             
                                                                                                                                
MS.  JONES replied  that if  the  committee kept  the proposed  CS                                                              
intact, then  DOLWD would  have the same  standing as  other state                                                              
agencies  except  for  the  Alaska   Commission  on  Postsecondary                                                              
Education,  the   Child  Support   Enforcement  Division   in  the                                                              
Department  of   Revenue  (DOR),   and  the  Division   of  Public                                                              
Assistance in the  Department of Health and Social  Services.  She                                                              
agreed that DOLWD's standing is about in fifth place.                                                                           
                                                                                                                                
Number 2750                                                                                                                     
                                                                                                                                
CHAIR JAMES referred to Section 1  and asked whether the "fees for                                                              
processing claims and assignments"  are the same as the fees under                                                              
discussion on page 3, line 30.                                                                                                  
                                                                                                                                
MR.  HULL  answered that  fees  addressed  in  Section 1  are  DOR                                                              
charges for processing permanent fund dividend levies.                                                                          
                                                                                                                                
MS.  JONES  acknowledged that  DOR  charges  a  $2 fee  against  a                                                              
permanent fund  dividend account each  time a dividend  is levied;                                                              
for example, if  a dividend account has six agency  levies against                                                              
it, DOR charges  $12 to the account before giving  the levy to the                                                              
corresponding agency.                                                                                                           
                                                                                                                                
Number 2797                                                                                                                     
                                                                                                                                
CHAIR   JAMES   said   she  understood,   then,   that   the   DOR                                                              
administrative  fee deduction  against a  permanent fund  dividend                                                              
account  is  paid by  the  permanent  fund dividend  recipient  in                                                              
addition to what the recipient may owe DOLWD.                                                                                   
                                                                                                                                
MS. JONES concurred.                                                                                                            
                                                                                                                                
REPRESENTATIVE   HUDSON   noted  that   Section   1  is   existing                                                              
[statutory] language  regarding fees; therefore,  when considering                                                              
the new section .072, page 3, line  30, those fees are essentially                                                              
the same as the fees in Section 1.                                                                                              
                                                                                                                                
Number 2832                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY  mentioned that  page 3, line 31,  and page                                                              
4, line 1, say "and other amounts  owed the department under other                                                              
provisions  of state  law under  which  the claim  for payment  is                                                              
being made."  He asked if that includes Section 1 fees.                                                                         
                                                                                                                                
Number 2851                                                                                                                     
                                                                                                                                
MR. HULL offered his belief that  paragraph (f) of the proposed CS                                                              
means DOLWD fees.                                                                                                               
                                                                                                                                
CHAIR JAMES agreed.  She said although  she does not want DOLWD to                                                              
collect any  fees, she  does agree that  DOR should collect  their                                                              
administrative  fee.   She  does not  see  any difference  between                                                              
collecting overpayment  for welfare or collecting  overpayment for                                                              
unemployment insurance, she said,  since she believes unemployment                                                              
insurance  is  a  benefit,  as  is   welfare.    Nevertheless,  it                                                              
distresses her to see agencies make  mistakes that cause repayment                                                              
problems for  people.  She emphasized  that based on  Amendment 1,                                                              
she feels comfortable with the proposed CS.                                                                                     
                                                                                                                                
TAPE 00-8, SIDE B                                                                                                               
                                                                                                                                
Number 2963                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER  expressed concern about  the practicality                                                              
of  the  proposed CS.    He  said he  understands  the  expediency                                                              
benefit for DOLWD and that $1.6 million  is at stake, half of that                                                              
perhaps being collectible.  However,  he is very concerned for the                                                              
citizen who  receives a  mailed notice from  DOLWD that  funds are                                                              
owed.  At that point, the citizen  has to work his/her way through                                                              
the  bureaucracy  and  try  to  figure   out  what  happened,  who                                                              
garnished his/her  permanent fund  dividend, for what  reason, and                                                              
then  defend  himself/herself  against  the  alleged  claim.    He                                                              
reiterated  that the  legislature is  putting agency  governmental                                                              
expediency above the rights of the  individual, and he will oppose                                                              
the proposed CS.                                                                                                                
                                                                                                                                
CHAIR  JAMES commented  that she  did  not believe  Representative                                                              
Whitaker's  picture  was accurate.    First of  all,  there is  an                                                              
administrative hearing,  so to say  that the person does  not know                                                              
that he/she owes DOLWD is not true.   Second, the person will have                                                              
received  several  overpayment notices  before  an  administrative                                                              
hearing  is  scheduled.    She observed  that  in  her  experience                                                              
someone who does not receive a permanent  fund dividend knows why,                                                              
and sometimes a garnished permanent  fund dividend is the easy way                                                              
out  of  a  required  payment  situation.     She  does  recognize                                                              
individual  rights,   she  said,   but  also  has   a  legislative                                                              
responsibility to manage  state funds in a correct  manner.  Under                                                              
the proposed  CS,  she sees  a huge amount  of money  that can  be                                                              
collected at less  cost to the state.  She feels  comfortable with                                                              
the proposed  CS, she  concluded, because  DOLWD will not  collect                                                              
fees,  fines,  and   so  forth  without  a  court   decision,  and                                                              
overpayments  will result  in  an opportunity  for  administrative                                                              
hearing.  She said  she will not sacrifice $1.6 million  for a few                                                              
people who know very well that they have been overpaid.                                                                         
                                                                                                                                
Number 2783                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER said  he  disagrees with  Chair James  on                                                              
this issue.                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN agreed with Representative  Whitaker.  He said                                                              
the  issue  reminds him  of  the  Internal Revenue  Service  (IRS)                                                              
philosophy  that one  is guilty until  proven  innocent:  the  IRS                                                              
will take a citizen's money first  and then the court case begins.                                                              
Under  what the  justice  system  is supposed  to  be, however,  a                                                              
person  has  the right  to  due  process  and  is supposed  to  be                                                              
innocent until proven  guilty.  He emphasized that  he is going to                                                              
support the  side of the people on  the proposed CS.   However, he                                                              
is  willing to  support  the  proposed CS  if  it is  modified  to                                                              
include fraudulent  claims only.   He reminded the  committee that                                                              
Mr.  Hull   had  said  that  DOLWD   was  willing  to   make  that                                                              
modification to gain passage of the proposed CS.                                                                                
                                                                                                                                
Number 2709                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY  agreed with Chair James in  that the money                                                              
is owed to the state and he is confident  that DOLWD will make the                                                              
collection  in a  correct  manner.   He  reiterated  that he  will                                                              
support the proposed CS along with Amendment 1.                                                                                 
                                                                                                                                
REPRESENTATIVE  OGAN  noted  that   the  state  constitution  says                                                              
"privacy  and  security  must  be  safeguarded  against  arbitrary                                                              
invasions like  governmental officials."   He concluded  that this                                                              
statement supports due process.                                                                                                 
                                                                                                                                
Number 2645                                                                                                                     
                                                                                                                                
CHAIR  JAMES indicated  she understood  that Representatives  Ogan                                                              
and Whitaker  believe that  [having the]  court adjudicate  issues                                                              
regarding overpayments  is sufficient,  but if DOLWD has  not gone                                                              
to court,  then overpayment  collection is  not acceptable.   She,                                                              
however,   believes   overpayment   is   prima   facie   evidence.                                                              
Therefore, neither  the individual nor DOLWD should  be obliged to                                                              
go to court to  collect money owed.  She emphasized  that she does                                                              
not believe it is a good financial  decision to go to court in any                                                              
case.   Her summary  is, she  added, either  drop the proposed  CS                                                              
entirely or  spend general  fund money to  collect monies  owed as                                                              
DOLWD  is  currently  doing.    She   reminded  members  that  the                                                              
individual  has been  notified of  overpayment, an  administrative                                                              
hearing  has  taken place,  and  the  overpayment is  prima  facie                                                              
evidence  that the person  owes money.   She  reiterated that  she                                                              
understands Representative Ogan's  and Whitaker's argument but she                                                              
does not agree.                                                                                                                 
                                                                                                                                
Number 2556                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER  reminded Chair  James  that prima  facie                                                              
evidence is determined by a court  of law, not by the committee or                                                              
by the legislature.  He said the  committee is talking about small                                                              
claims actions that do not ordinarily  incur costs associated with                                                              
a full-blown trial.  Again, in his  opinion, this is a question of                                                              
individual  rights   as  opposed  to  states'  rights.     If  the                                                              
legislature  does  nothing else  but  stand  on the  line  between                                                              
individual rights  and states' rights  and say "you may  not cross                                                              
the line," he feels the legislature has done its job.                                                                           
                                                                                                                                
REPRESENTATIVE  OGAN made a  motion to table  the proposed CS.   A                                                              
roll  call  vote was  taken.   Representatives  Green,  Ogan,  and                                                              
Whitaker voted for it.  Representatives  Hudson, Smalley and James                                                              
voted   against  it.      Representative   Kerttula  was   absent.                                                              
Therefore, the  motion to table the  proposed CS failed  by a vote                                                              
of 3-3.                                                                                                                         
                                                                                                                                
Number 2369                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON  made a motion  to move version  1-GH2060\G,                                                              
Cook,  2/17/00,  as  amended, out  of  committee  with  individual                                                              
recommendations  and attached  fiscal  notes;  he asked  unanimous                                                              
consent.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  OGAN  objected.    A roll  call  vote  was  taken.                                                              
Representatives  Green, Hudson, Smalley  and James voted  in favor                                                              
of  moving the  bill.   Representatives  Ogan  and Whitaker  voted                                                              
against it.  Representative Kerttula  was absent.  Therefore, CSHB
337(STA) moved from the House State  Affairs Standing Committee by                                                              
a vote of 4-2.                                                                                                                  
                                                                                                                                
HB 380-INSURER TAX CREDIT:FIRE STANDRDS COUNCIL                                                                               
                                                                                                                                
Number 2363                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced the  next order of  business is  HOUSE BILL                                                              
NO. 380,  "An Act  relating to  contributions  to the Alaska  Fire                                                              
Standards  Council  and  to  an   insurer  tax  credit  for  those                                                              
contributions; and providing for an effective date."                                                                            
                                                                                                                                
REPRESENTATIVE GENE THERRIAULT, Alaska  State Legislature, sponsor                                                              
of HB 380, explained  that HB 380 is an attempt  to follow through                                                              
on actions  of the legislature  in passing  HB 473, which  created                                                              
the  Alaska  Fire  Standards  Council  (AFSC) but  had  a  delayed                                                              
effective  date.   He noted  that  the date  of implementation  is                                                              
approaching and a funding mechanism  has to be found.  When he was                                                              
approached  by the fire  chiefs organization  about funding,  they                                                              
had  discussed a  few  ideas and  had  decided  to invite  certain                                                              
insurance companies to contribute  because the insurance companies                                                              
would  benefit  from  the  training of  firefighters.    The  AFSC                                                              
proposes to  train fire  suppressant personnel  and the  public in                                                              
general as  far as losses  from fires, primarily  structure fires,                                                              
in Alaska.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  THERRIAULT indicated he  had information  from the                                                              
Division  of   Insurance,  Department  of  Community   &  Economic                                                              
Development, that shows substantial  fire-related losses in Alaska                                                              
are  $9  million.   He  and  the  ASFC had  determined  to  invite                                                              
insurance  companies  that do  business  in the  state  to make  a                                                              
contribution to the AFSC to cover  operational costs.  He remarked                                                              
that the fiscal  note relating to HB 473 was for  $166,000 a year,                                                              
but AFSC  wants to come  up with at least  $150,000 a year  to pay                                                              
for AFSC operational costs.                                                                                                     
                                                                                                                                
REPRESENTATIVE  THERRIAULT explained  how HB  380 will  work.   An                                                              
insurance company  would make a contribution  to the AFSC  and, in                                                              
return, receive a  50 percent tax reduction on  the first $100,000                                                              
on  insurance premium  tax owed  to the  state.   If an  insurance                                                              
company contributed  more than $100,000,  any money  over $100,000                                                              
would result  in a  100 percent  tax reduction,  or the  insurance                                                              
company could  elect a 50 percent  tax reduction on its  total tax                                                              
owed  to the  state, whichever  is  less.   The legislature  would                                                              
control  the  total  amount  that   is  raised  by  the  tax-break                                                              
mechanism by making  an appropriation to the AFSC.   He noted that                                                              
any surplus  money that was raised  which the legislature  did not                                                              
appropriate to  the AFSC would lapse  into the general fund.   The                                                              
plan is to  entice insurance companies  to help fund the  AFSC but                                                              
still   maintain  legislative   control   on   the  total   amount                                                              
appropriated for yearly operation.                                                                                              
                                                                                                                                
Number 2130                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  asked whether  a contribution to  AFSC would                                                              
affect insurance companies' actuarial figures.                                                                                  
                                                                                                                                
REPRESENTATIVE THERRIAULT answered  no because the contribution is                                                              
just a tax  offset and the  money contributed does not  enter into                                                              
the actuarial computation.                                                                                                      
                                                                                                                                
CHAIR  JAMES requested  some  numbers to  demonstrate  how HB  380                                                              
would  work, assuming  the insurance  company  donates $25,000  to                                                              
AFSC.   She  said  she  understood  that the  company's  insurance                                                              
premium tax  would be  reduced by $12,500,  half of the  donation.                                                              
She asked if  the $25,000 comes first through  the legislature for                                                              
appropriation to AFSC,  and whether the money  would be considered                                                              
non-general funds.   If  that is the  case, then the  general fund                                                              
loses $12,500.                                                                                                                  
                                                                                                                                
Number 2023                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON  asked if the  $25,000 flows first  into the                                                              
general fund and then the legislature appropriates it to AFSC.                                                                  
                                                                                                                                
REPRESENTATIVE THERRIAULT  explained that the money comes  in as a                                                              
statutory designated program receipt.   If the legislature did not                                                              
make an  appropriation  on a yearly  basis, the  money donated  by                                                              
insurance  companies  for  fire  training  would  lapse  into  the                                                              
general  fund.   There is  a similar  mechanism for  contributions                                                              
made  to  the  university,  he noted,  which  only  one  insurance                                                              
company in the  state has ever used.   A section in HB  380 says a                                                              
credit can only be given under one  section of statute; therefore,                                                              
someone  cannot make  a donation  and make it  count in  different                                                              
areas.                                                                                                                          
                                                                                                                                
Number 1909                                                                                                                     
                                                                                                                                
CHAIR JAMES  asked if  a charitable-type  mechanism has  also been                                                              
used in  corporation taxes.   She  noted that HB  380 serves  as a                                                              
loss-payable incentive for the insurance  companies to contribute.                                                              
                                                                                                                                
MICHAEL  McGOWAN,  past  president  of  the  Alaska  Fire  Chiefs'                                                              
Association,  testified  via teleconference  from  Fairbanks.   He                                                              
said  his  organization  is committed  to  improving  the  state's                                                              
record for  fire and  fatality loss.   Alaska  has the worst  fire                                                              
loss  record in  the  United States,  he  reported; therefore,  he                                                              
supports HB  380.  He noted  that the Representative  Therriault's                                                              
sponsor statement presents  the best option of funding  AFSC.  The                                                              
bill appears to be a win-win situation  for the insurance industry                                                              
and fire  departments throughout Alaska.   He explained  that AFSC                                                              
is  needed, and  it is  about time  because  the Police  Standards                                                              
Council has been in force for 22 years.                                                                                         
                                                                                                                                
MR.  McGOWAN informed  members that  right now  the only  training                                                              
standards available  in Alaska for the fire service  come from the                                                              
National   Fire  Protection   Association   as   adopted  by   the                                                              
Occupational  Safety   and  Health  Administration   (OSHA).    He                                                              
indicated that urban  fire departments find those  standards to be                                                              
difficult  to   achieve,  but  for   many  rural   volunteer  fire                                                              
departments the training standards  have proven unrealistic due to                                                              
[Alaska's] unique environment and  economic conditions.  If HB 380                                                              
provides a mechanism for funding  AFSC, he noted, AFSC would adopt                                                              
minimum training  standards for firefighters and  instructors.  He                                                              
pointed out that  local entities do have the option  to choose not                                                              
to become a member of AFSC; instead,  they may choose to adopt the                                                              
national  fire  standards.   He  envisions  increased  firefighter                                                              
safety  and  a  reduction  of fire  loss  and  fatalities  through                                                              
efficient operations as the end result of HB 380.                                                                               
                                                                                                                                
Number 1650                                                                                                                     
                                                                                                                                
SCOTT WALDEN,  Assistant Chief,  Kenai Fire Department,  testified                                                              
via teleconference from Kenai, saying  he is in full support of HB
380.  It is  essential that a mechanism be developed  to fund AFSC                                                              
for the  safety of fire  personnel across  the state  and improved                                                              
efficiency to communities for fire  protection.  The end result of                                                              
HB 380 would be reduced fire loss, injuries and death.                                                                          
                                                                                                                                
STEVE  O'CONNOR,  Assistant  Chief,  Central  Emergency  Services,                                                              
testified  via  teleconference from  Soldotna.    He informed  the                                                              
committee that  he views HB 380  as being extremely  important and                                                              
encourages the committee to use it  as a mechanism to fund AFSC so                                                              
that standards can be established for fire service.                                                                             
                                                                                                                                
Number 1645                                                                                                                     
                                                                                                                                
REPRESENTATIVE THERRIAULT said there  is concern that the language                                                              
of HB  380 is  written tightly.   There  are two  functions  to be                                                              
covered:   actual operations  of AFSC  and training programs  that                                                              
AFSC administers.   He  noted that  page 1, line  6, is  worded as                                                              
follows:  "For cash contributions  made for fire services training                                                              
programs"; therefore,  there is concern  that those words  are not                                                              
broad enough  to cover the operation  expense of AFSC itself.   He                                                              
noted  that the  legal drafters  had suggested  dropping the  word                                                              
"training" and  then HB  380 would be  broad enough to  cover AFSC                                                              
personnel and  functions, plus training  programs that  AFSC would                                                              
provide.                                                                                                                        
                                                                                                                                
Number 1554                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  made a motion  to adopt that as  Amendment 1                                                              
to HB 380.  There being no objection, it was adopted.                                                                           
                                                                                                                                
REPRESENTATIVE HUDSON  made a motion  to move HB 380,  as amended,                                                              
out of committee with individual  recommendations and the attached                                                              
zero fiscal  note; he  asked unanimous  consent.   There being  no                                                              
objection,  CSHB  380(STA)  moved  from the  House  State  Affairs                                                              
Standing Committee.                                                                                                             
                                                                                                                                
HB 411-DISTRIBUTION OF PERMANENT FUND INCOME                                                                                  
                                                                                                                                
Number 1485                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced the  next order of  business is  HOUSE BILL                                                              
NO. 411,  "An Act relating  to the market  value of  the permanent                                                              
fund and to distribution of income of the permanent fund; and                                                                   
providing for an effective date."                                                                                               
                                                                                                                                
Number 1450                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON read the sponsor statement as follows:                                                                    
                                                                                                                                
     House  Bill 411  was introduced  to  give the  permanent                                                                   
     fund  strength,  security  and stability  far  into  the                                                                   
     future.    This  legislation   allows  for  distributing                                                                   
     income from  the permanent fund  as a percent  of market                                                                   
     value, rather than the current  realized return formula.                                                                   
                                                                                                                                
     Arguments in  support of distributing  fund income  as a                                                                   
     percent  of market  value were first  suggested by  then                                                                   
     permanent fund  trustee Hugh  Malone in the  late 1980s.                                                                   
     The  Commission  on the  Future  of the  Permanent  Fund                                                                   
     advised  further study  of  this concept  in  1990.   In                                                                   
     1995,  the  Long-Range  Financial   Planning  Commission                                                                   
     recommended  the market value  approach for a  long-term                                                                   
     investment  strategy.   This year,  Commonwealth   North                                                                   
     also recommended  this blueprint  for strengthening  the                                                                   
     fund.                                                                                                                      
                                                                                                                                
     This  legislation  fits  in with  the  permanent  fund's                                                                   
     long-term  investment horizon.    While not  necessarily                                                                   
     endorsing HB  411, the Permanent  Fund Board  supports a                                                                   
     percent  of  market  value  approach,  recognizing  that                                                                   
     continuing  the present  realized  return formula  could                                                                   
     lead to distortions in distributions  due to gain taking                                                                   
     and  asset allocation  decisions  made as  part of  good                                                                   
     investment policy.   Passage of  HB 411 would  allow the                                                                   
     permanent  fund to  hold investments  that  historically                                                                   
     need more  time to  mature.   Another unique feature  of                                                                   
     the  market  value  approach   is  that  it  produces  a                                                                   
     distribution  program  that  is inherently  more  level.                                                                   
     This is  consistent with  accepted methods of  measuring                                                                   
     permanent  fund performance  and with  the market  value                                                                   
     accounting requirement now mandated  by the Governmental                                                                   
     Accounting Standards Board.                                                                                                
                                                                                                                                
     First  and foremost,  HB 411 protects  the principal  of                                                                   
     the  permanent   fund.    Additionally,   this  approach                                                                   
     maximizes  the predictability  and  stability of  annual                                                                   
     distributions.    This  proposal  is  but  one  possible                                                                   
     element of  a long-range fiscal  plan.  It  is, however,                                                                   
     an essential element if we are  to close the troublesome                                                                   
     fiscal  gap,   by  most  accounts,  approximately   $800                                                                   
     million short annually.                                                                                                    
                                                                                                                                
     House Bill  411 preserves and  grows the permanent  fund                                                                   
     through  statutorily  required  inflation  proofing  and                                                                   
     actually  maintains the permanent  fund dividend  at the                                                                   
     status quo over the next 10 years of projected growth.                                                                     
                                                                                                                                
     After inflation  proofing the fund, the total  amount of                                                                   
     money  available for distribution  would be  calculated.                                                                   
     Out of this  amount, HB 411 allocates 80  percent to the                                                                   
     dividend  and  20  percent  to the  general  fund.    It                                                                   
     produces  stability in the  fund management and  clearly                                                                   
     affords  a  first  ever  contribution   for  payment  of                                                                   
     essential  services provided  to the  people of  Alaska,                                                                   
     while at the same time holding the dividend harmless.                                                                      
                                                                                                                                
     It  may be  politically  convenient  to simply  eat  the                                                                   
     public's savings  as we have  done since 1992,  but that                                                                   
     practice  could  easily  lead  to  a  full  collapse  of                                                                   
     Alaska's economy.                                                                                                          
                                                                                                                                
REPRESENTATIVE  HUDSON referred to  the [permanent fund  advisory]                                                              
vote  that  occurred  September 14,  1999.    He  said HB  411  is                                                              
appreciably different than the September  vote because HB 411 does                                                              
not attempt  to solve all of  our fiscal gap problems  solely from                                                              
the assets of  the earnings of the permanent fund.   He recognized                                                              
from  the September  vote that  the  legislature had  to hold  the                                                              
permanent  fund dividend  harmless,  which he  feels  that HB  411                                                              
seeks to do. He further stated that  Alaska does not have a steady                                                              
revenue source  to address the fiscal  need, which is now  at $2.1                                                              
billion.  He acknowledged  that he does not recommend  HB 411 as a                                                              
stand-alone  solution to  the fiscal  gap and  is glad that  other                                                              
people are looking at alternative revenue sources.                                                                              
                                                                                                                                
Number 0509                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON reminded members  that the legislature has a                                                              
constitutional responsibility to  deliver not only a spending plan                                                              
but  also a  revenue plan  that shows  source  of the  money.   He                                                              
emphasized  that the legislature  cannot constitutionally  present                                                              
an unbalanced  budget plan.  He  acknowledged that since  1992 the                                                              
budget  has been  balanced annually  almost  exclusively by  draw-                                                              
downs on  the constitutional budget  reserve fund.   He emphasized                                                              
that if the legislature does not  develop additional revenues, the                                                              
constitutional  budget reserve  fund money  is gone  by 2004.   He                                                              
predicted  that  after  2004  the legislature  will  face  a  $990                                                              
million  deficit.  He  envisions  that the 2004  deficit could  be                                                              
paid for  by the earnings reserve  account of the  permanent fund,                                                              
which the legislature has never touched.                                                                                        
                                                                                                                                
REPRESENTATIVE  HUDSON recognized that  until now the  legislature                                                              
has always added  permanent fund earnings back into  the corpus of                                                              
the fund to the  extent of $5 billion in order  to inflation proof                                                              
the fund.  He  noted that HB 411 will continue  to inflation proof                                                              
the fund.  He  reiterated that it is the legislature's  mandate to                                                              
produce a series of fiscal plans  in an effort to close the fiscal                                                              
gap in a  responsible manner.  If  HB 411 passes, $272  million of                                                              
permanent fund  earnings would  be available in  2001.  As  it is,                                                              
the constitutional  budget reserve fund earns $100  million a year                                                              
in interest,  which could be added  to the $272  million permanent                                                              
fund earnings.   Therefore,  even though those  two pots  of money                                                              
cannot close  the fiscal  gap, the use  of that money  could allay                                                              
the need for onerous tax measures.                                                                                              
                                                                                                                                
Number 0114                                                                                                                     
                                                                                                                                
CHAIR JAMES  said she is distressed  about how the  permanent fund                                                              
and  its earnings  are  counted together  in  one lump  sum.   She                                                              
suggested  that  the  public  has been  led  astray  because  they                                                              
believe there is  $27 billion in the permanent fund,  which is not                                                              
true.   In the future,  the legislature  should make  a separation                                                              
between the  permanent fund  itself and the  earnings.   She noted                                                              
that   the  original   constitutional   amendment  regarding   the                                                              
permanent fund  made that separation  clear.  In fact,  she added,                                                              
if the legislature presented any  plan that ate into the permanent                                                              
fund itself, it  would have to pass a constitutional  amendment to                                                              
so.                                                                                                                             
                                                                                                                                
TAPE 00-9, SIDE A                                                                                                               
                                                                                                                                
CHAIR JAMES  reminded the  committee that all  money taken  out of                                                              
the constitutional  budget reserve  must be repaid.   Furthermore,                                                              
the practice of drawing down on the  budget reserve does not allow                                                              
the reserve  fund to earn interest  for future use.   She remarked                                                              
that she believes  that constitutional budget reserve  fund monies                                                              
should be  added in either to  the permanent fund or  its earnings                                                              
so that money is all in one place.                                                                                              
                                                                                                                                
Number 0237                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN referred to  Representative Hudson's  handout                                                              
regarding the  constitutional budget reserve  fund.  He  had heard                                                              
Representative  Hudson say  that since  1992 the  budget has  been                                                              
funded  almost entirely  from the  constitutional budget  reserve,                                                              
Representative Ogan said, but the  handout showed that in 1996 the                                                              
legislature drew  upon the constitutional  budget reserve  fund in                                                              
the amount  of $173 million; in 1997  it was $83 million;  in 1998                                                              
it was $325 million; and there is  a projection for 1999 of $1,104                                                              
million.     He  suggested  it   is  an  overstatement   that  the                                                              
legislature has funded a $2.2 million  budget almost entirely from                                                              
budget reserves.                                                                                                                
                                                                                                                                
REPRESENTATIVE  HUDSON clarified  that  he was  talking about  the                                                              
fiscal gap and unrestricted funds.                                                                                              
                                                                                                                                
Number 0340                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN added that he  had heard Representative Hudson                                                              
say that  the legislature always  puts the earnings back  into the                                                              
corpus,  but  he himself  recalls  that  the legislature  has  not                                                              
deposited earnings  back into  the corpus in  the last  two years,                                                              
nor has it done so this year.  So  there is almost $3 million that                                                              
has not been deposited.                                                                                                         
                                                                                                                                
REPRESENTATIVE  HUDSON answered  that  in his  many  years in  the                                                              
legislature, the legislature has  always deposited residual money,                                                              
outside of dividends, back into the  corpus of the permanent fund.                                                              
However, Representative Ogan is right  in that the legislature has                                                              
not always deposited money into the  corpus of the permanent fund.                                                              
                                                                                                                                
Number 0410                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  asked what  is  "broken"  in regard  to  the                                                              
existing  formula for  distributing dividends  from the  permanent                                                              
fund.                                                                                                                           
                                                                                                                                
Number 0436                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON  answered   that  he  does  not  think  the                                                              
permanent fund formula  is broken but does believe  that it can be                                                              
managed in a more long-term, level-based  methodology.  He said HB
411   essentially advocates  the same  process that the  permanent                                                              
fund has now but HB 411 defines the  process a little differently.                                                              
He added that HB 411 still uses a  five-year-average basis, but it                                                              
is used on  percent-of-market value as opposed  to annual-earnings                                                              
value.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  OGAN  reiterated   that  HB  411  allegedly  seeks                                                              
stabilization, but  the bill attempts  to move the  permanent fund                                                              
to a market-based evaluation; therefore,  HB 411 seems to make the                                                              
permanent fund even more susceptible to the market.                                                                             
                                                                                                                                
REPRESENTATIVE HUDSON  replied that the permanent  fund investment                                                              
people had assured him that a market-based  evaluation is a better                                                              
process.                                                                                                                        
                                                                                                                                
Number 0557                                                                                                                     
                                                                                                                                
CHAIR JAMES said when determining  payout based on earnings of the                                                              
fund, the possibility exists of making  investment decisions based                                                              
on maintaining a sufficient amount  of money to cover a calculated                                                              
income.  The  $3 billion constitutional budget  reserve fund still                                                              
includes some  unrealized gains -  the calculation of money  to be                                                              
spent.   She emphasized that unrealized  gains would eat  into the                                                              
earnings and investments  would have to be sold to  obtain cash to                                                              
pay the dividends.                                                                                                              
                                                                                                                                
REPRESENTATIVE OGAN interpreted the  September 14, 1999 [permanent                                                              
fund advisory]  vote as  sending a clear  message that  voters did                                                              
not want  the permanent fund dividend  touched.  He said  it seems                                                              
to him  that people mistrust the  motivations of anyone  who tries                                                              
to change the  permanent fund structure.  He said  the legislature                                                              
does not  seem to be able  to adjust its lifestyle  to accommodate                                                              
less revenue.  He asked whether Representative  Hudson thought the                                                              
"no" [advisory] vote meant "take another shot at it."                                                                           
                                                                                                                                
Number 0754                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON acknowledged  that he had heard the public's                                                              
voice but  had presented HB 411  because of the  continued erosion                                                              
of constitutional budget reserve  earnings, which he believes will                                                              
lead to  the ultimate destruction  of the permanent  fund program.                                                              
He emphasized that  the legislature needs to curtail  its appetite                                                              
for  spending  or  find  other sources  of  revenue  to  eliminate                                                              
erosion  of  budget reserves.    He  reminded the  committee  that                                                              
Governor Knowles  has recommended  that the legislature  take some                                                              
unrealized gains (paper assets) of  the permanent fund and deposit                                                              
them  into the  constitutional  budget  reserve.   Thus,  interest                                                              
earned from  an increased constitutional  budget reserve  could be                                                              
deposited  into  the general  fund  to  help decrease  the  budget                                                              
deficit.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  HUDSON explained  that in  drafting the  questions                                                              
for the September  [advisory] vote, the drafters  had thought that                                                              
the public's  fear of  income taxes  would be  greater than  their                                                              
fear  of  putting  a  minor  restriction  on  the  permanent  fund                                                              
dividend.   However, he recognized  that the public  disagreed and                                                              
had voted resoundingly against the plan.                                                                                        
                                                                                                                                
REPRESENTATIVE  HUDSON  mentioned  that  he had  met  with  former                                                              
Governor Hammond  a few  weeks ago, who  had said the  legislature                                                              
needs  to  pass  a measure  that  guarantees  50  percent  of  the                                                              
permanent fund earnings  will be distributed as  dividends and any                                                              
surplus earnings  after inflation proofing  can be spent  on state                                                              
government.  Representative  Hudson indicated HB  411 follows that                                                              
direction by  depositing 80 percent  of the earnings  to permanent                                                              
fund  dividends   after  inflation   proofing,  with   20  percent                                                              
deposited to pay for state government.                                                                                          
                                                                                                                                
Number 1200                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN said the only  way he believes the public will                                                              
have  confidence  in  the  legislature  and  accept  some  use  of                                                              
permanent fund earnings is to take  the dividend program issue off                                                              
the table.                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON  acknowledged that HB 411 has a  long way to                                                              
go.  He  reminded the committee that  HB 411 is not  an individual                                                              
effort, however,  but is a  result of cooperation  between himself                                                              
and  Representatives  Austerman,  Phillips  and  Murkowski.    The                                                              
public needs  to understand  that there  is a  fiscal gap  of $900                                                              
million,  but he acknowledged  that  the public  is sick of  taxes                                                              
because they  are taxed  heavily at the  local level, at  least in                                                              
regard to property taxes.                                                                                                       
                                                                                                                                
Number 1383                                                                                                                     
                                                                                                                                
CHAIR  JAMES  said  as  soon  as   the  legislature  starts  using                                                              
permanent fund earnings  in accordance with the  calculation of 20                                                              
percent  of  a  five-year  average or  one-half  of  the  earnings                                                              
reserve,  whichever is  smaller,  at some  point  one-half of  the                                                              
earnings reserve will  become the determining number  on which the                                                              
dividend payment is based.  She reminded  the committee that there                                                              
is no  guarantee over  the next  few years  of what the  inflation                                                              
rate will be, which has to be considered  in calculating permanent                                                              
fund earnings.   She  emphasized that  the current calculation  of                                                              
the dividend does not work to figure payouts in the future.                                                                     
                                                                                                                                
CHAIR JAMES  added that she, too,  had heard the loud "no"  of the                                                              
people  on September  14.   Since  then,  she  has conversed  with                                                              
thousands of people  and found that the one main  factor which led                                                              
to the  "no" vote  was that  there was  no fence  around how  much                                                              
money  the legislature  could spend;  there  was no  limit and  no                                                              
plan.  She emphasized  that the legislature needs  an overall plan                                                              
that  establishes  by  statute  a healthy  dividend  that  can  be                                                              
protected over the  long term.  She added that she  is not sure if                                                              
she will support HB 411 and recognizes  that more work needs to be                                                              
done on this issue.  She reminded the committee that the                                                                        
legislature has three more years to come to grips with the budget                                                               
deficit, and then time is up.  [HB 411 was held over.]                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 1714                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 10:00                                                                 
a.m.                                                                                                                            

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