Legislature(2007 - 2008)SENATE FINANCE 532

05/09/2007 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 133 ELECTRONIC MONITORING OF GANG PROBATIONER TELECONFERENCED
Moved CSHB 133(FIN) Out of Committee
+= HB 229 KENAI GASIFICATION PROJECT; RAILROAD BOND TELECONFERENCED
Heard & Held
+= SB 104 NATURAL GAS PIPELINE PROJECT TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 109 DISCLOSURES & ETHICS/BRIBERY/RETIREMENT
Moved SCS CSHB 109(FIN) Out of Committee
                            MINUTES                                                                                           
                    SENATE FINANCE COMMITTEE                                                                                  
                          May 9, 2007                                                                                         
                           9:21 a.m.                                                                                          
                                                                                                                                
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair  Bert  Stedman  convened the  meeting  at  approximately                                                               
9:21:19 AM.                                                                                                                   
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
Senator Fred Dyson                                                                                                              
                                                                                                                                
Also Attending:  REPRESENTATIVE BOB  BUCH; LALANYA  SNYDER, Staff                                                             
to Representative  Mike Chenault;  DAVID JONES,  Senior Assistant                                                               
Attorney General,  Opinions, Appeals,  and Ethics  Section, Civil                                                               
Division, Department  of Law; ANNE CARPENETI,  Assistant Attorney                                                               
General,  Criminal Division,  Department of  Law; TAMMY  KEMPTON,                                                               
Juneau  Branch Administrator,  Alaska Public  Offices Commission,                                                               
Department of Administration;  JERRY BURNETT, Legislative Liaison                                                               
and Director, Division of  Administrative Services, Department of                                                               
Revenue; GEOFF BULLOCK                                                                                                          
                                                                                                                                
Attending  via  Teleconference:  From offnet  locations:  PATRICK                                                             
GAMBLE, President  and Chief  Executive Officer,  Alaska Railroad                                                               
Corporation,  Department  of  Commerce,  Community  and  Economic                                                               
Development;  BILL O'LEARY,  Vice President  and Chief  Financial                                                               
Officer,  Alaska Railroad  Corporation,  Department of  Commerce,                                                               
Community  and  Economic  Development;  LISA  PARKER,  Government                                                               
Relations Manager Agrium USA, Inc.                                                                                              
                                                                                                                                
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
HB 109- DISCLOSURES & ETHICS/BRIBERY/RETIREMENT                                                                                 
                                                                                                                                
The  Committee  heard from  the  Department  of Law,  the  Alaska                                                               
Public  Offices  Commission,  and  took  public  testimony.  Five                                                               
amendments were considered with four  being adopted and one being                                                               
withdrawn from consideration. The bill reported from Committee.                                                                 
                                                                                                                                
HB 133-ELECTRONIC MONITORING OF GANG PROBATIONER                                                                                
                                                                                                                                
The Committee  heard from the  bill's sponsor. The  bill reported                                                               
from Committee.                                                                                                                 
                                                                                                                                
HB 229-KENAI GASIFICATION PROJECT; RAILROAD BOND                                                                                
                                                                                                                                
The Committee  heard from the  bill's sponsor, the  Department of                                                               
Revenue, the  Alaska Railroad  Corporation, and  a representative                                                               
of Agrium, USA, Inc. The bill was held in Committee.                                                                            
                                                                                                                                
9:22:24 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 109(JUD)                                                                               
     "An Act relating to  bribery, receiving unlawful gratuities,                                                               
     and   campaign   contributions;  denying   public   employee                                                               
     retirement   pension   benefits  to   certain   legislators,                                                               
     legislative  directors,  and   public  officers  who  commit                                                               
     certain offenses,  and adding  to the  duties of  the Alaska                                                               
     Retirement  Management  Board and  to  the  list of  matters                                                               
     governed  by  the  Administrative Procedure  Act  concerning                                                               
     that  denial; relating  to  campaign  financing and  ethics,                                                               
     including  disclosures, in  state and  municipal government,                                                               
     to  lobbying,  and to  employment,  service  on boards,  and                                                               
     disclosures  by certain  public officers  and employees  who                                                               
     leave state or municipal  service or leave certain positions                                                               
     in    state    or    municipal    government;    restricting                                                               
     representation of  others by legislators; relating  to blind                                                               
     trusts  approved by  the Alaska  Public Offices  Commission;                                                               
     and providing for an effective date."                                                                                      
                                                                                                                                
                                                                                                                                
This  was second  hearing for  this  bill in  the Senate  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
9:22:41 AM                                                                                                                    
                                                                                                                                
Amendment #6:  This amendment  supersedes Committee  action taken                                                               
by the  adoption of Amendment #4  during the May 8,  2007 hearing                                                               
on  this bill  which  changed  $10 to  $50  in  paragraph (1)  of                                                               
subsection (b) added to AS 24.45.051  by Section 12, page 6 lines                                                               
17 through  24. This  amendment instead changes  the $10  to $30.                                                               
The revised language reads as follows.                                                                                          
                                                                                                                                
          (b) A lobbyist required to report to the commission                                                                   
     under (a) of this section, who  provides or pays for food or                                                               
     beverage  for  immediate  consumption  by  a  legislator  or                                                               
     legislative employee or a member  of the immediate family of                                                               
     a legislator  or legislative employee shall  report the date                                                               
     the  food or  beverage  was  provided or  paid  for and  the                                                               
     recipient's  name  and  relationship to  the  legislator  or                                                               
     legislative employee, unless the food and beverage                                                                         
               (1) cost $30 or less; or                                                                                         
                                                                                                                                
Co-Chair Stedman moved and objected for purposes of discussion.                                                                 
                                                                                                                                
9:23:32 AM                                                                                                                    
                                                                                                                                
Senator Huggins understood  that this action would  not prevent a                                                               
lobbyist from taking  someone out to dinner;  it simply pertained                                                               
to  the reporting  and  bookkeeping  requirement associated  with                                                               
that   activity.   Nonetheless,   he   questioned   whether   the                                                               
requirement might be an "administrative burden".                                                                                
                                                                                                                                
Co-Chair Stedman  affirmed that a  meal or beverage  costing more                                                               
than $30  would be required to  be logged in and  reported to the                                                               
Alaska   Public  Offices   Commission   (APOC).   It  would   not                                                               
significantly add  to a lobbyist's administrative  duties as they                                                               
typically provide a copy of  such expenses to their employers for                                                               
reimbursement. Increasing  the reporting  threshold to $30  is an                                                               
attempt  to  find a  middle  ground  that  would not  be  "overly                                                               
burdensome" but would  allow the public "to know  who is lobbying                                                               
who, particularly  outside of this  building at lunch and  in the                                                               
evenings."                                                                                                                      
                                                                                                                                
Co-Chair Stedman removed his objection.                                                                                         
                                                                                                                                
Without further objection, Amendment #6 was ADOPTED.                                                                            
                                                                                                                                
9:25:21 AM                                                                                                                    
                                                                                                                                
Conceptual Amendment #1, as amended: This amendment inserts a                                                                   
new section on page 1 following line 12 as follows.                                                                             
                                                                                                                                
     Section 1.  AS 11.56 is amended  by adding a new  section to                                                               
     read:                                                                                                                      
          Sec. 11.56.124. Failure to report bribery or receiving                                                                
     a bribe. (a)  A public servant commits the  crime of failure                                                               
     to  report  bribery  or  receiving a  bribe  if  the  public                                                               
     servant                                                                                                                    
               (1) witnesses what the public servant knows or                                                                   
     reasonably should know is                                                                                                  
                    (A) bribery of a public servant by another                                                                  
     person; or                                                                                                                 
                    (B) receiving a bribe by another public                                                                     
     servant; and                                                                                                               
               (2) does not as soon as reasonably practicable                                                                   
     report  that crime  to a  peace officer  or law  enforcement                                                               
     agency.                                                                                                                    
          (b) Failure to report bribery or receiving a bribe is                                                                 
     a class A misdemeanor.                                                                                                     
                                                                                                                                
This amendment also deletes the entirety of subsection (a) of                                                                   
Section 65, page 38 lines 26 through 27, and replaces it with                                                                   
the following.                                                                                                                  
                                                                                                                                
          (a) AS 11.56.124, added by sec. 1 of this Act, and the                                                                
     amendment  of AS  11.56.130(1) made  by sec.  2 of  this Act                                                               
     apply to offenses  occurring on or after  the effective date                                                               
     of secs. 1 and 2 of this Act.                                                                                              
                                                                                                                                
This amendment also adds the definition of "Public Servant" to                                                                  
the bill, as follows.                                                                                                           
                                                                                                                                
     "Public Servant" is defined in 11.81.900(54)                                                                               
                                                                                                                                
     (54)  "public  servant  means  to  each  of  the  following,                                                               
     whether compensated or  not, but does not  include jurors or                                                               
     witnesses:                                                                                                                 
          (A) an officer or employee of the state, a                                                                            
     municipality or  other political  subdivision of  the state,                                                               
     or a  governmental instrumentality  of the  state, including                                                               
     legislators, members of the judiciary, and peace officers;                                                                 
          (B) a person acting as an advisor, or consultant, or                                                                  
     assistant  at the  request of,  the direction  of, or  under                                                               
     contract with  the state, a municipality  or other political                                                               
     subdivision   of   the   state,  or   another   governmental                                                               
     instrumentality;  in this  subparagraph "person  includes an                                                               
     employee of the person;                                                                                                    
          (C) a person who serves as a member of the board or                                                                   
     commission created  by statute or by  legislative, judicial,                                                               
     or  administrative action  by the  state, a  municipality or                                                               
     other   political  subdivision   of   the  state   ,  or   a                                                               
     governmental instrumentality;                                                                                              
          (D) a person nominated, elected, appointed, employed,                                                                 
     or designated to  act in a capacity defined in  (A) - (C) of                                                               
     this paragraph, but who does not occupy the position;                                                                      
                                                                                                                                
[Note: This amendment  was drafted to CS HB  109(JUD) am, Version                                                               
25-GH1059\N.A. Therefore, conforming changes must be made.]                                                                     
                                                                                                                                
9:25:27 AM                                                                                                                    
                                                                                                                                
Senator  Dyson moved  Conceptual  Amendment #1,  as amended,  and                                                               
objected for purposes of explanation.                                                                                           
                                                                                                                                
[NOTE:  Conceptual  Amendment  #1   had  been  offered  and  then                                                               
withdrawn from  consideration during the Committee's  May 8, 2007                                                               
hearing on the bill.]                                                                                                           
                                                                                                                                
Senator Dyson  stated that when  Amendment #1 was  offered during                                                               
the first hearing  on this bill, a question  had arisen regarding                                                               
the  definition of  "public servant".  After conferring  with the                                                               
amendment's  drafter, Tamara  Cook,  Director, Legislative  Legal                                                               
and  Research  Services,  the  decision was  made  to  amend  the                                                               
amendment to add the definition of "public servant".                                                                            
                                                                                                                                
Senator  Dyson noted  that there  has been  a national  political                                                               
movement  "to add  some responsibilities"  that  would assist  in                                                               
preventing  "good  people from  turning  into  bad people".  This                                                               
amendment is one such action.                                                                                                   
                                                                                                                                
Co-Chair Hoffman understood that  the provisions of the amendment                                                               
would only  require public servants,  rather than members  of the                                                               
public, to report a bribe.                                                                                                      
                                                                                                                                
9:28:29 AM                                                                                                                    
                                                                                                                                
Senator Dyson affirmed that to be the intent.                                                                                   
                                                                                                                                
While Senator  Elton appreciated  the addition of  the definition                                                               
to the amendment,  he was unsure how language  in subsection a(1)                                                               
of  Section  1,  which  reads "(1)  witnessing  what  the  public                                                               
servant  knows   or  reasonably   should  know  is…",   would  be                                                               
interpreted by the court system.                                                                                                
                                                                                                                                
DAVID  JONES,   Senior  Assistant  Attorney   General,  Opinions,                                                               
Appeals, and  Ethics Section, Civil  Division, Department  of Law                                                               
communicated that this "would involve  a combined standard. First                                                               
of  all  because  this  is  a criminal  statute,  'the  beyond  a                                                               
reasonable  doubt' standard  of  proof would  apply." The  second                                                               
standard,  "reasonably should  know" would  be a  "more objective                                                               
standard".                                                                                                                      
                                                                                                                                
9:29:49 AM                                                                                                                    
                                                                                                                                
Mr. Jones continued  that the combination of  these two standards                                                               
would  provide  the  circumstance   in  which  someone  could  be                                                               
convicted of this offense. It would  be quite obvious a bribe was                                                               
occurring if both standards were present.                                                                                       
                                                                                                                                
9:30:10 AM                                                                                                                    
                                                                                                                                
Senator  Dyson appreciated  Senator Elton's  question as  he also                                                               
had  wrestled  with  the  interpretation  of  language  during  a                                                               
separate  bill on  child crime  reporting that  specified that  a                                                               
person had  the duty  to report a  child being  raped, kidnapped,                                                               
assaulted,  or   murdered.  To  that  point,   he  shared  having                                                               
experienced a quandary  once when trying to  determine whether he                                                               
was witnessing  a child kidnapping  or simply a child  upset with                                                               
his father.  Thus, the  question is  whether a  reasonable person                                                               
could make a determination; the body  of law "says that unless it                                                               
was really clear, you're off the hook, but you do have a duty."                                                                 
                                                                                                                                
Senator  Thomas   sought  further  clarification  about   how  to                                                               
interpret  language  in the  definition  of  public servant  that                                                               
reads "includes  an employee of  the person"; particularly  as he                                                               
would not  consider consultants, advisors, and  other professions                                                               
to qualify as "public servants".                                                                                                
                                                                                                                                
Mr.  Jones  specified  that  "person"  in  the  legal  definition                                                               
includes  corporations   and  other  non-human   entities.  Thus,                                                               
"employees  of a  corporation  that is  under  contract with  the                                                               
State" must abide by this reporting requirement.                                                                                
                                                                                                                                
9:32:46 AM                                                                                                                    
                                                                                                                                
Senator Thomas understood therefore that  it would not pertain to                                                               
"a private citizen".                                                                                                            
                                                                                                                                
Mr. Jones clarified that it would  apply to a private citizen who                                                               
was under contract to the State.                                                                                                
                                                                                                                                
Senator Thomas  surmised therefore,  that the individual  must be                                                               
receiving some type of compensation by the public entity.                                                                       
                                                                                                                                
Mr. Jones affirmed.  The person must be "under  contract with the                                                               
State" to provide their service.                                                                                                
                                                                                                                                
9:33:16 AM                                                                                                                    
                                                                                                                                
Senator  Dyson  expressed that  "the  definition  was crafted  to                                                               
include"  all  who  could "influence  the  public  process".  For                                                               
instance,  people  on  boards and  commissions  are  specifically                                                               
identified regardless  of whether  they receive  compensation for                                                               
their service.                                                                                                                  
                                                                                                                                
Senator Dyson removed his objection.                                                                                            
                                                                                                                                
There  being no  further objection,  Conceptual Amendment  #1, as                                                               
amended, was ADOPTED.                                                                                                           
                                                                                                                                
9:34:13 AM                                                                                                                    
                                                                                                                                
Amendment #5:  This amendment inserts  a new  paragraph following                                                               
"commission;" on  page 6 line  15 of AS 24.45.041(b),  amended by                                                               
Section 11, as follows.                                                                                                         
                                                                                                                                
               (9) A sworn affirmation by the lobbyist that the                                                                 
     lobbyist  has  not been  previously  convicted  of a  felony                                                               
     involving  moral   turpitude;  in  this   paragraph  "felony                                                               
     involving  moral  turpitude" has  the  meaning  given in  AS                                                               
     15.60.010, and  includes convictions for a  violation of the                                                               
     law  of this  state or  a violation  of the  law of  another                                                               
     jurisdiction  with similar  elements to  a felony  involving                                                               
     moral turpitude in this state.                                                                                             
                                                                                                                                
In addition, this amendment adds a new bill section as follows.                                                                 
                                                                                                                                
     Section  12.   AS  24.45.041  is   amended  by   adding  new                                                               
     subsections to read:                                                                                                       
          (i) A person may not register if the person has been                                                                  
     previously convicted  of a felony involving  moral turpitude                                                               
     in violation  of a law of  this state or the  law of another                                                               
     jurisdiction  with elements  similar to  a felony  involving                                                               
     moral turpitude in this state.                                                                                             
          (j) In this section,                                                                                                  
               (1) "felony involving moral turpitude" has the                                                                   
     meaning given in AS 15.60.010;                                                                                             
               (2) "previously convicted" means the defendant                                                                   
     entered a  plea of guilty,  no contest, or  nolo contendere,                                                               
     or has  been found  guilty by a  court or  jury; "previously                                                               
     convicted" does not  include a conviction that  has been set                                                               
     aside under AS  12.55.085 or a similar  procedure in another                                                               
     jurisdiction,  or that  has been  reversed or  vacated by  a                                                               
     court.                                                                                                                     
                                                                                                                                
Co-Chair Stedman  moved the amendment  and objected  for purposes                                                               
of discussion.                                                                                                                  
                                                                                                                                
Co-Chair  Stedman advised  that  this amendment  would exclude  a                                                               
person  convicted  of a  felony  involving  moral turpitude  from                                                               
being  a paid  lobbyist. He  reviewed the  list of  offenses that                                                               
qualify as a felony involving moral turpitude.                                                                                  
                                                                                                                                
Co-Chair   Stedman  felt   that  the   responsibilities  of   the                                                               
Legislature,  specifically the  allocation  of  money to  various                                                               
communities and  projects "that move  the direction of  the State                                                               
that  have  the affect  that  ripples  through decades",  require                                                               
there  being  "tight requirements  on  who  is  allowed to  be  a                                                               
lobbyist and  lobby the  individual elected  officials to  try to                                                               
persuade them in particular directions."  In a similar fashion to                                                               
laws that prevent convicted felons  from holding certain licenses                                                               
and  undertaking  a  multitude  of  other  activities,  a  person                                                               
convicted of  a felony  involving moral  turpitude should  not be                                                               
allowed to be a paid lobbyist.                                                                                                  
                                                                                                                                
9:36:49 AM                                                                                                                    
                                                                                                                                
Senator Thomas asked  whether a person convicted  of this offense                                                               
could be elected to the Legislature.                                                                                            
                                                                                                                                
9:37:09 AM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law, deferred to Mr. Jones.                                                                                       
                                                                                                                                
9:37:46 AM                                                                                                                    
                                                                                                                                
Mr.  Jones   communicated  that  following  the   previous  day's                                                               
discussion on this issue, he  had conducted further research. One                                                               
of the  qualifications required  to serve  in the  Legislature is                                                               
that the person  be a registered voter. He  reviewed this statute                                                               
as follows.                                                                                                                     
                                                                                                                                
     Alaska  Statute (AS)  15.050.030.  Loss  and restoration  of                                                               
     voting rights. provides  that a person convicted  of a crime                                                               
     that constitutes  a felony  involving moral  turpitude under                                                               
     state or  federal law may not  vote in a state,  federal, or                                                               
     municipal election  from the date of  the conviction through                                                               
     the date of the unconditional  discharge of the person. Upon                                                               
     the unconditional  discharge, the person may  register under                                                               
     AS  15.07, which  of course  invites the  question, what  is                                                               
     unconditional discharge.                                                                                                   
                                                                                                                                
Mr. Jones continued.                                                                                                            
                                                                                                                                
     AS 15.06.010 provides,  in subsection (b)(39), unconditional                                                               
     discharge  means   that  a  person  is   released  from  all                                                               
     disability  arising   under  a  conviction   and  sentenced,                                                               
     including probation and parole.                                                                                            
                                                                                                                                
9:39:09 AM                                                                                                                    
                                                                                                                                
Senator Thomas understood  that, after a certain  period of time,                                                               
an unconditional discharge is the typical course of action.                                                                     
                                                                                                                                
Mr. Jones believed that to be true.                                                                                             
                                                                                                                                
9:39:31 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman asked whether this  was State or federal law; if                                                               
it  was  State  law,  the  State could  change  the  language  to                                                               
prohibit a convicted felon from running for public office.                                                                      
                                                                                                                                
9:39:55 AM                                                                                                                    
                                                                                                                                
Mr.  Jones  suspected,   but  was  uncertain  as   to  whether  a                                                               
Constitutional provision  established the qualifications  for the                                                               
Legislature. If  that were the  case, a  Constitutional amendment                                                               
would be required to change it.                                                                                                 
                                                                                                                                
Ms.  Carpeneti   understood  that   a  separate  bill   had  been                                                               
introduced this  year that would  change when a  person convicted                                                               
of a  felony would be eligible  to vote. That bill  would allow a                                                               
person released  from custody to  register to vote  regardless of                                                               
whether they were on probation, parole, or another provision.                                                                   
                                                                                                                                
9:40:54 AM                                                                                                                    
                                                                                                                                
Senator Elton pointed out that  "a fundamental difference between                                                               
a Legislator  and a  lobbyist" is  the manner  in which  they are                                                               
"hired".  The issue  of whether  a  candidate has  a past  felony                                                               
conviction would likely  be part of a  campaign discussion. "It's                                                               
not necessarily part  of a discussion when an entity  is hiring a                                                               
lobbyist."                                                                                                                      
                                                                                                                                
Senator Elton considered  this hiring process difference  to be a                                                               
significant  factor. Thus,  while  he  had previously  questioned                                                               
treating  a  lobbyist  differently  than  a  Legislator,  he  was                                                               
comfortable with the approach proposed in this amendment.                                                                       
                                                                                                                                
9:41:57 AM                                                                                                                    
                                                                                                                                
Senator Dyson requested a copy of Mr. Jones' research.                                                                          
                                                                                                                                
Co-Chair Stedman noted that the material would be provided.                                                                     
                                                                                                                                
9:42:21 AM                                                                                                                    
                                                                                                                                
In response to  a question from Senator Thomas,  Mr. Jones stated                                                               
that the Legislative voting provisions  referenced in his remarks                                                               
were in the State Constitution.                                                                                                 
                                                                                                                                
Co-Chair Stedman removed his objection.                                                                                         
                                                                                                                                
AT EASE 9:42:56 AM / 9:43:30 AM                                                                                             
                                                                                                                                
Senator Dyson  objected. Clarification  was sought as  to whether                                                               
the amendment's  language would allow  a person who  had regained                                                               
their voting right to become a lobbyist.                                                                                        
                                                                                                                                
Co-Chair Stedman  considered "the  amendment, as written,"  to be                                                               
appropriate in its prohibition on  allowing a person convicted of                                                               
a felony  of moral turpitude  from becoming a lobbyist.  It could                                                               
be revisited in the future if the determination changed.                                                                        
                                                                                                                                
Senator Dyson  asked whether a  court challenge to  the amendment                                                               
is anticipated.                                                                                                                 
                                                                                                                                
Ms. Carpeneti  communicated that  a person  could file  a lawsuit                                                               
about  any law  adopted  by the  Legislature.  A "more  important                                                               
question  is" whether  this prohibition  would be  upheld by  the                                                               
Court.  She  "wouldn't  be  surprised if  a  lawsuit  were  filed                                                               
challenging it. I'm not sure  exactly what issues, probably expos                                                               
facto or  other issues. It's  hard to predict exactly  what would                                                               
happen, but I think it would be defensible by the Department."                                                                  
                                                                                                                                
Senator Dyson removed his objection.                                                                                            
                                                                                                                                
Without further objection, Amendment #5 was ADOPTED.                                                                            
                                                                                                                                
9:45:54 AM                                                                                                                    
                                                                                                                                
Amendment  #7:  This  amendment inserts  the  words  "before  or"                                                               
following the  word "year" on page  40 line 9 of  AS 39.52.180(d)                                                               
amended  by  Section  66.  The revised  language  would  read  as                                                               
follows.                                                                                                                        
                                                                                                                                
          (d) An individual who formerly held a position listed                                                                 
     in this subsection [A  FORMER GOVERNOR, LIEUTENANT GOVERNOR,                                                               
     OR HEAD OF  A PRINCIPAL DEPARTMENT IN  THE EXECUTIVE BRANCH]                                                               
     may not engage in activity as  a lobbyist under AS 24.45 for                                                               
     a period of  one year before or after  leaving that position                                                               
     [SERVICE   AS   THE   GOVERNOR,  LIEUTENANT   GOVERNOR,   OR                                                               
     DEPARTMENT HEAD,  AS APPROPRIATE]. This subsection  does not                                                               
     prohibit  service as  a volunteer  lobbyist described  in AS                                                               
     24.45.161(a)(1)  or a  representational lobbyist  as defined                                                               
     under regulations  of the Alaska Public  Offices Commission.                                                               
     This subsection applies to the position of                                                                                 
               (1) the governor;                                                                                                
               (2) lieutenant governor;                                                                                         
               (3) head or deputy head of a principal department                                                                
     in the executive branch;                                                                                                   
               (4) director of a division or legislative liaison                                                                
     within a principal department in the executive branch;                                                                     
               (5)     legislative    liaison,     administrative                                                               
     assistant, or other  employee of the Office  of the Governor                                                               
     or Office of the Lieutenant Governor in a policy making                                                                    
     position;                                                                                                                  
               (6) member of a state board or commission that                                                                   
     has the authority to adopt regulations, other than a board                                                                 
     or commission named in AS 08.01.010;                                                                                       
               (7) member of the governing board and executive                                                                  
     officer of a state public corporation.                                                                                     
                                                                                                                                
Senator Huggins moved Amendment #7.  This amendment would close a                                                               
"huge loophole"  in lobbying activities by  precluding a lobbyist                                                               
from  serving in  a position  subject to  the provisions  of this                                                               
bill for one year before or after being a lobbyist.                                                                             
                                                                                                                                
Senator  Huggins  declared that  this  prohibition  had the  same                                                               
merits as  current laws which  prevent a person holding  a public                                                               
service  position subject  to the  provisions of  this bill  from                                                               
becoming a lobbyist for one year after leaving their position.                                                                  
                                                                                                                                
Senator Dyson objected.                                                                                                         
                                                                                                                                
Senator Dyson  stated that the amendment,  while "well-intended",                                                               
might have  the adverse affect  of precluding people  who provide                                                               
"an extemporary service" by lobbying  because of their conviction                                                               
to  a  cause, such  as  those  who  "lobby  on behalf  of  abused                                                               
children,  and who  typically receive  no monetary  consideration                                                               
for their effort from running for public office.                                                                                
                                                                                                                                
Senator  Huggins   acknowledged  Senator  Dyson's   remarks,  but                                                               
pointed out  that the amendment  would not alter language  in the                                                               
subsection  that  excluded  those   who  serve  "as  a  volunteer                                                               
lobbyist   described    in   AS    24.45.161(a)(1)   or    as   a                                                               
representational  lobbyist as  defined under  regulations of  the                                                               
Alaska Public  Offices Commission"  from running  for one  of the                                                               
identified positions.                                                                                                           
                                                                                                                                
9:48:55 AM                                                                                                                    
                                                                                                                                
Senator  Dyson appreciated  the clarification,  but continued  to                                                               
worry that the amendment might  inadvertently preclude people who                                                               
serve in certain lobbying capacities.                                                                                           
                                                                                                                                
AT EASE 9:49:14 AM / 9:50:11 AM                                                                                             
                                                                                                                                
Without objection, Senator Huggins WITHDREW Amendment #7.                                                                       
                                                                                                                                
Conceptual Amendment #8: This amendment  adds new language to the                                                               
bill to  prohibit a person from  being appointed or elected  to a                                                               
position listed in Section 66  39.52.180(d) (1) through (7) for a                                                               
period of one year after engaging in activity as a lobbyist.                                                                    
                                                                                                                                
Senator Huggins moved the amendment.                                                                                            
                                                                                                                                
Co-Chair Stedman objected for purposes of discussion.                                                                           
                                                                                                                                
Senator Elton understood  the intent of the  amendment, but could                                                               
not  agree to  precluding people  who  had been  involved in  the                                                               
governmental process as  a lobbyist from running  for Governor or                                                               
Lieutenant  Governor. Adoption  of the  amendment would  prohibit                                                               
such people from  filing for those offices even  though the issue                                                               
could be addressed during their election campaign.                                                                              
                                                                                                                                
Senator Elton stated that he  had supported Section 66 because it                                                               
addressed  the  "legitimate  public   issue  on  whether  or  not                                                               
somebody  was angling  to get  a  job potentially  as a  lobbyist                                                               
while  they  were  a  public  officer."  He  was  unsure  whether                                                               
prohibiting a lobbyist from becoming  a public officer was a real                                                               
concern.                                                                                                                        
                                                                                                                                
9:53:12 AM                                                                                                                    
                                                                                                                                
Senator  Thomas   asked  whether  the  action   proposed  by  the                                                               
amendment  was  contrary to  the  Constitution  in respect  to  a                                                               
person's right to run for office.                                                                                               
                                                                                                                                
9:53:36 AM                                                                                                                    
                                                                                                                                
Amendment to  Amendment #8: This  amendment removes  Governor and                                                               
Lieutenant   Governor  from   the   positions   subject  to   the                                                               
prohibition  specified  in  Amendment #8.  Thus  the  prohibition                                                               
would apply  to the positions  listed in Section  66 39.52.180(d)                                                               
(3) through (7).                                                                                                                
                                                                                                                                
Senator Huggins moved the amendment to Amendment #8.                                                                            
                                                                                                                                
Co-Chair Stedman objected for discussion.                                                                                       
                                                                                                                                
9:54:19 AM                                                                                                                    
                                                                                                                                
Senator Dyson concurred with  Senator Elton's remarks. Regardless                                                               
of the "honor and prestige"  associated with a State position, he                                                               
found it "hard to conceive" that  a lobbyist would desire to move                                                               
to a position with the State because they would earn less money.                                                                
                                                                                                                                
Senator Dyson  understood that this amendment  would prohibit the                                                               
Governor  from hiring,  for example,  Joel  Gilbertson, a  former                                                               
Department of  Health and Social Services  commissioner, who, due                                                               
to  his  experience  with public  health  issues  and  associated                                                               
financial  aspects,   was  now   employed  as  a   lobbyist  with                                                               
Providence Hospital in Anchorage.                                                                                               
                                                                                                                                
Senator Dyson  considered most lobbyists to  be "honorable people                                                               
with  a  wealth  of  knowledge",  and "limiting  …  the  pool  of                                                               
experienced people" might be detrimental to the State.                                                                          
                                                                                                                                
9:55:54 AM                                                                                                                    
                                                                                                                                
Senator  Huggins  stated that  there  were  a number  of  people,                                                               
including  Mr.   Gilbertson,  whom  he  admired.   However,  were                                                               
people's  biases a  constant consideration  "we would  never pass                                                               
legislation." Defining  what people could  do before or  after is                                                               
part of  the solution.  "It is a  safeguard that's  worth putting                                                               
into place."                                                                                                                    
                                                                                                                                
Co-Chair Stedman  removed his objection  to the amendment  to the                                                               
amendment                                                                                                                       
                                                                                                                                
There being no further objection,  the amendment to the amendment                                                               
was ADOPTED.                                                                                                                    
                                                                                                                                
9:57:02 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  stated  that  Amendment #8,  as  amended,  was                                                               
before the Committee.                                                                                                           
                                                                                                                                
Senator Elton  argued against the amendment.  While he understood                                                               
the point  that a  person, formerly employed  as a  lobbyist, who                                                               
was appointed  to a  policy position  in State  government, could                                                               
have a bias  toward their employer, a similar  potential for bias                                                               
could  be found  in people  with other  backgrounds. He  provided                                                               
examples  and  concluded  that  a  person does  not  have  to  be                                                               
employed by an entity as a lobbyist to display a bias.                                                                          
                                                                                                                                
Senator Elton  contended that a person's  background would likely                                                               
be  a consideration  and  a  point of  discussion  in the  hiring                                                               
process.                                                                                                                        
                                                                                                                                
9:59:14 AM                                                                                                                    
                                                                                                                                
Senator Huggins  stressed that a  lot of issues are  addressed in                                                               
the bill, including some issues  that might not require "fixing".                                                               
Nonetheless,  he intended  to  vote for  the  bill "to  safeguard                                                               
Alaskans and restore  the confidence in this State  in people who                                                               
work at the State level, period."                                                                                               
                                                                                                                                
Co-Chair Stedman removed his objection to the amendment.                                                                        
                                                                                                                                
Senator Elton objected to the amendment.                                                                                        
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN  FAVOR: Senator  Huggins, Senator  Olson, Senator  Thomas, Co-                                                               
Chair Hoffman and Co-Chair Stedman                                                                                              
                                                                                                                                
OPPOSED: Senator Dyson and Senator Elton                                                                                        
                                                                                                                                
The motion PASSED (5-2)                                                                                                         
                                                                                                                                
Amendment #8, as amended, was ADOPTED.                                                                                          
                                                                                                                                
No further amendments were forthcoming.                                                                                         
                                                                                                                                
10:00:39 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman asked that the bill's fiscal notes be reviewed.                                                                
                                                                                                                                
TAMMY  KEMPTON,   Juneau  Branch  Administrator,   Alaska  Public                                                               
Offices  Commission, Department  of  Administration, stated  that                                                               
this  bill  would require  APOC  to  accept handwritten  campaign                                                               
disclosure reports and have them  available for viewing on APOC's                                                               
website within  two days after  receipt. In order to  comply with                                                               
this provision,  APOC must  acquire two  high speed  scanners and                                                               
add one  additional fulltime employee and  an additional halftime                                                               
employee during State  election years. The projected  cost for FY                                                               
2008   is   $250,000   as  reflected   in   the   Department   of                                                               
Administration May 8, 2007 fiscal note.                                                                                         
                                                                                                                                
10:03:24 AM                                                                                                                   
                                                                                                                                
GEOFF BULLOCK  informed the Committee  that he was a  lobbyist, a                                                               
father of  five, a foster  parent, and  a felon. The  adoption of                                                               
Amendment #5  "puts me out  of work."  He made some  bad business                                                               
decisions  in 1998,  was convicted,  served time,  and eventually                                                               
reestablished his lobbying  business. He does not  agree with the                                                               
amendment and considers it "collateral damage".                                                                                 
                                                                                                                                
Mr. Bullock could understand furthering  such action if "a felony                                                               
was  committed  in  the  act  of  a lobbyist  or  the  act  of  a                                                               
legislator,"  but he  could not  understand the  broad action  of                                                               
labeling  all felons  as being  bad. They  are not.  He "wouldn't                                                               
mind if  any" of  the 515  inmates he served  time with  were his                                                               
neighbors.  "We all  make mistakes,  we all  reach for  the first                                                               
stone  to throw,  and you  guys threw  it and  it hit  me and  my                                                               
family and it hurts."                                                                                                           
                                                                                                                                
10:05:14 AM                                                                                                                   
                                                                                                                                
Senator  Elton  spoke  to   the  Department  of  Administration's                                                               
"purely administrative"  fiscal note which provided  for the cost                                                               
of  compiling  reports.  Missing  from the  discussion  was  "the                                                               
investigatory  function  of  APOC",   particularly  as  APOC  was                                                               
"created  to be  a watchdog  for Alaskans."  Not addressing  this                                                               
function   in  the   fiscal  note   was   "bothersome"  to   him.                                                               
Nonetheless, he  appreciated the efforts exerted  to develop this                                                               
bill and "looked forward to its adoption."                                                                                      
                                                                                                                                
10:06:45 AM                                                                                                                   
                                                                                                                                
Senator Dyson was  "moved by" Mr. Bullock's  testimony and wished                                                               
that the Committee  "had allowed for felons who  had served their                                                               
time and got their rights restored."                                                                                            
                                                                                                                                
10:07:08 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman moved  to  report the  bill,  as amended,  from                                                               
Committee  with   individual  recommendations   and  accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
There being  no objection,  SCS CSHB  109(FIN) was  REPORTED from                                                               
Committee with previous  zero fiscal note #2  from the Department                                                               
of Law and new $250,000 fiscal  note, dated May 8, 2007, from the                                                               
Department of Administration.                                                                                                   
                                                                                                                                
10:07:42 AM                                                                                                                   
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 133(JUD)                                                                                             
     "An  Act relating  to requiring  electronic monitoring  as a                                                               
     special  condition  of  probation or  parole  for  offenders                                                               
     whose offense was related to a criminal street gang."                                                                      
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Stedman   noted  that  the  Committee   had  previously                                                               
reported  out SB  89-ELECTRONIC MONITORING  OF GANG  PROBATIONER,                                                               
the Senate companion bill to  this legislation. The sponsor of HB
133 would be providing an  explanation of the differences between                                                               
the two bills.                                                                                                                  
                                                                                                                                
10:08:22 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  BOB  BUCH,  the   bill's  sponsor,  stressed  the                                                               
importance of this  bill: it "may be the  difference between life                                                               
and death for some of those  people living in Anchorage." Both SB
89 and  HB 133  would require people  "convicted of  violent gang                                                               
related  crimes  to  wear  electronic  monitoring  devices"  when                                                               
released on probation or parole.                                                                                                
                                                                                                                                
Representative  Buch addressed  the differences  between the  two                                                               
bills as follows.                                                                                                               
                                                                                                                                
     HB 133 is more narrowly focused than SB 89.                                                                                
                                                                                                                                
     SB 89  applies to  offenders convicted of  both misdemeanors                                                               
     and felonies. HB 133 applies  only to offenders convicted of                                                               
     felonies.  Because   of  this  difference,  HB   133  has  a                                                               
     substantially lower fiscal note.                                                                                           
                                                                                                                                
     SB  89   allows  offenders  to  replace   prison  time  with                                                               
     electronic monitoring.  HB 133  does not allow  offenders to                                                               
     replace prison time with electronic monitoring.                                                                            
                                                                                                                                
     HB  133  has  a  sunset  provision.  SB  89  has  no  sunset                                                               
     provision.                                                                                                                 
                                                                                                                                
     HB  133  gives the  Department  of  Corrections the  receipt                                                               
     authority to collect funds from  the offender to pay for the                                                               
     cost of electronic monitoring.                                                                                             
                                                                                                                                
     HB 133 is the version that is supported by the Department                                                                  
     of Corrections and the Department of Law.                                                                                  
                                                                                                                                
Representative  Buch noted  that people  living in  the Anchorage                                                               
and Kenai  areas and their  police departments support  this bill                                                               
version.                                                                                                                        
                                                                                                                                
Representative Buch  pointed out that  HB 133's fiscal  notes are                                                               
similar  to  those  accompanying  SB 89  except  they  are  "less                                                               
expensive". For  instance, the Department of  Corrections' fiscal                                                               
note   accompanying  SB   89  contained   three  different   cost                                                               
scenarios;   the   Department    of   Corrections   fiscal   note                                                               
accompanying HB 133 is the least of those three.                                                                                
                                                                                                                                
10:11:17 AM                                                                                                                   
                                                                                                                                
In  response to  a question  from Senator  Thomas, Representative                                                               
Buch  clarified that,  unlike SB  89, HB  133 would  not allow  a                                                               
person to replace jail time with electronic monitoring.                                                                         
                                                                                                                                
10:11:55 AM                                                                                                                   
                                                                                                                                
Senator  Olson asked  whether  there was  any  opposition to  the                                                               
bill.                                                                                                                           
                                                                                                                                
Representative  Buch  considered this  a  very  serious piece  of                                                               
legislation. While  it would  have a fiscal  impact, it  has been                                                               
tightly constructed  to accommodate law enforcement  requests. It                                                               
has  significant  support  from  the  communities  of  Anchorage,                                                               
Kenai, and Fairbanks.                                                                                                           
                                                                                                                                
Senator Olson  commended the  bill's sponsor  for his  efforts on                                                               
the bill.                                                                                                                       
                                                                                                                                
10:12:45 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman asked whether gang-related  crimes were an issue                                                               
in other  areas of  the State  besides Anchorage,  Fairbanks, and                                                               
Kenai.                                                                                                                          
                                                                                                                                
Representative Buch  replied that other communities  believe that                                                               
addressing  the   gang-related  crime  activity  that   is  being                                                               
"expressly  exhibited in  Anchorage" would  assist in  preventing                                                               
this  type of  activity  from  spreading to  other  areas of  the                                                               
State. The idea is to "nip it in the bud as early as possible."                                                                 
                                                                                                                                
10:13:24 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  moved to  report the  bill from  Committee with                                                               
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There  being  no objection,  CS  HB  133(FIN) was  REPORTED  from                                                               
Committee with  four previous fiscal  notes: zero fiscal  note #1                                                               
from the  Department of  Law; indeterminate  fiscal note  #2 from                                                               
the Department  of Administration;  indeterminate fiscal  note #3                                                               
from  the Department  of  Corrections;  and indeterminate  fiscal                                                               
note #4 from the Alaska Court System.                                                                                           
                                                                                                                                
10:14:25 AM                                                                                                                   
                                                                                                                                
                                                                                                                                
     HOUSE BILL NO. 229 am                                                                                                      
     "An  Act  authorizing  the Alaska  Railroad  Corporation  to                                                               
     participate  in a  project  consisting  of the  acquisition,                                                               
     construction,   improvement,   maintenance,  equipping,   or                                                               
     operation   of  real   and   personal  property,   including                                                               
     facilities  and   equipment,  for  the   Kenai  gasification                                                               
     project  and  Port  MacKenzie  rail  link,  authorizing  the                                                               
     corporation to  issue bonds to  finance all or a  portion of                                                               
     the  project,   and  identifying  these  as   bonds  for  an                                                               
     essential  public and  governmental  purpose; and  providing                                                               
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
10:14:39 AM                                                                                                                   
                                                                                                                                
LALANYA  SNYDER,  Staff  to  Representative  Mike  Chenault,  the                                                               
bill's sponsor, explained the bill as follows.                                                                                  
                                                                                                                                
     The  purpose  of  this  bill  is  to  authorize  the  Alaska                                                               
     Railroad Corporation  to issue  up to  $2.9 billion  in tax-                                                               
     exempt bonds to finance a  portion of the Kenai Gasification                                                               
     project. The  project will  bring coal  from Healy  to Kenai                                                               
     where  low   emission  coal  gasification   and  electricity                                                               
     generation plants would  be built next to  the Agrium plant.                                                               
     The  project  will  also   generate  electricity  for  South                                                               
     Central Alaska. It will generate  excess carbon dioxide that                                                               
     could  be used  to improve  oil recovery  from the  wells in                                                               
    Cook Inlet and continue to supply fertilizer to Alaska.                                                                     
                                                                                                                                
     Payment of  debt service for  facilities and  equipment that                                                               
     would  not  be  owned  by the  Railroad  would  be  provided                                                               
     through a long term contract  or other agreement between the                                                               
     Railroad and the project's owner or operator.                                                                              
                                                                                                                                
Ms. Snyder  advised the  Committee that  an amendment  adopted on                                                               
the House  floor allowed the  potential for  the rail line  to be                                                               
extended  to  Port MacKenzie.  If  shipping  the coal  from  Port                                                               
MacKenzie instead  of Anchorage  was deemed infeasible,  the line                                                               
would  only extend  to Anchorage.  The bond  issuance amount  was                                                               
increased from  $2.6 billion to  $2.9 billion by the  adoption of                                                               
that amendment.                                                                                                                 
                                                                                                                                
10:17:28 AM                                                                                                                   
                                                                                                                                
PATRICK  GAMBLE, President  and Chief  Executive Officer,  Alaska                                                               
Railroad  Corporation,  Department  of  Commerce,  Community  and                                                               
Economic  Development,  testified   via  teleconference  from  an                                                               
offnet location  and announced  that the  Railroad had  a twofold                                                               
interest  in   this  legislation.  First,  from   an  operational                                                               
perspective,  being able  to increase  the Railroad's  ability to                                                               
transport coal mined in Healy to  an offload point where it would                                                               
be  available to  the Agrium  fertilizer plant  would be  a "good                                                               
sound business" move.                                                                                                           
                                                                                                                                
Mr. Gamble  stated that "the  "second component of  our interest"                                                               
pertained  to  the federal  Alaska  Railroad  Transfer Act  which                                                               
provided the Railroad  the "authority to issue tax  free bonds on                                                               
behalf of  the State economic  development, which is  the mission                                                               
of the Railroad."                                                                                                               
                                                                                                                                
Mr.  Gamble noted  that  while this  bonding  authority has  been                                                               
authorized in the past, it has never been utilized.                                                                             
                                                                                                                                
Mr. Gamble specified that this  proposal would provide "a general                                                               
authorization  to  use  our  tax-free  bonding  capability  as  a                                                               
financial  tool  in  order  to  improve  the  business  case  for                                                               
Agrium,"  if they  deem the  Railroad extension  project to  be a                                                               
viable  option.  Even  if authorized,  the  Railroad's  Board  of                                                               
Directors would be required to approve each bond issuance.                                                                      
                                                                                                                                
Mr.  Gamble disclosed  that, were  the decision  made to  proceed                                                               
with  the project,  "as a  partner and  financier, we  would then                                                               
expect to receive  some sort of a fee for  the ability to provide                                                               
this financing."                                                                                                                
                                                                                                                                
10:19:49 AM                                                                                                                   
                                                                                                                                
Mr. Gamble  communicated that,  after careful  consideration, the                                                               
Alaska  Railroad  Corporation and  its  Board  of Directors  have                                                               
concluded that the  actions proposed in this bill  would be "good                                                               
business" for both the Railroad and the State.                                                                                  
                                                                                                                                
10:20:08 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman  asked the  risk  exposure  the Railroad  might                                                               
experience from underwriting the bonds.                                                                                         
                                                                                                                                
10:20:39 AM                                                                                                                   
                                                                                                                                
BILL O'LEARY, Vice President and  Chief Financial Officer, Alaska                                                               
Railroad  Corporation,  Department  of  Commerce,  Community  and                                                               
Economic  Development,  testified   via  teleconference  from  an                                                               
offnet  location to  discuss the  Railroad's  risk exposure.  The                                                               
proposal currently  specifies that some of  the authorized amount                                                               
be directed  toward Railroad assets  such as  locomotives, hopper                                                               
cars and  other infrastructure improvements necessary  to support                                                               
this  transportation initiative.  The debt  that would  be issued                                                               
for those assets would have recourse to the Railroad.                                                                           
                                                                                                                                
Mr. O'Leary  clarified, however,  that the  vast majority  of the                                                               
debt that  would be  authorized under  this legislation  would be                                                               
recoursed  to  Agrium  or  whatever  entity  Agrium  might  joint                                                               
venture or partner with as the operator of the facility.                                                                        
                                                                                                                                
Mr.  O'Leary  stated  that  the current  estimate  for  the  non-                                                               
Railroad debt is approximately $2.4 billion dollars.                                                                            
                                                                                                                                
10:22:33 AM                                                                                                                   
                                                                                                                                
Mr. O'Leary  explained that  the Railroad  would be  working with                                                               
Agrium  or  the entity  created  for  the  project to  develop  a                                                               
financial plan for selling the  bonds. The standard bond issuance                                                               
process  would  include  a   competitive  selection  process  for                                                               
choosing  the numerous  investment  banking firms  that would  be                                                               
required in a transaction of this size.                                                                                         
                                                                                                                                
Mr.  O'Leary  reiterated that  the  Board  would be  required  to                                                               
approve any debt issuance.                                                                                                      
                                                                                                                                
10:23:25 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  asked for further information  about the action                                                               
taken by  the House that added  $300 million to the  scope of the                                                               
project.                                                                                                                        
                                                                                                                                
10:23:33 AM                                                                                                                   
                                                                                                                                
Mr.  Gamble explained  that the  amendment adopted  by the  House                                                               
pertained to  the Port MacKenzie transportation  component. While                                                               
several  transportation   options  were  considered   during  the                                                               
history  of  this  legislation,  two are  "still  in  play".  One                                                               
involves improving an existing line  to the Port of Anchorage and                                                               
constructing a  coal transfer facility which  would transfer coal                                                               
from a  train to  a covered  coal pile. That  coal would  then be                                                               
transferred onto a barge and transported to Nikiski.                                                                            
                                                                                                                                
Mr.   Gamble   stated   that   the   other,   and   "preferable",                                                               
transportation option would include  utilizing vast empty acreage                                                               
at  Port MacKenzie.  This option  "looks very  attractive in  the                                                               
abstract".  It  would  allow an  efficient  dock  and  offloading                                                               
process to  be "designed from  scratch". Unfortunately,  the rail                                                               
line  does  not currently  extend  to  Port MacKenzie.  The  $300                                                               
million  added to  the  bill  by the  House  would allow  further                                                               
review  of  this option,  including  a  determination of  whether                                                               
having  to extend  the rail  line 40  miles from  Willow to  Port                                                               
MacKenzie might affect its viability.                                                                                           
                                                                                                                                
Mr.  Gamble  communicated  that   another  key  consideration  is                                                               
whether  the   Port  MacKenzie  rail  line   extension  and  port                                                               
development could be "synchronized"  with the timeline Agrium has                                                               
identified  for its  plant  expansion and  "the  transfer of  its                                                               
energy source" from gas to coal gasification.                                                                                   
                                                                                                                                
Mr. Gamble  stressed that  even though the  Port of  Anchorage is                                                               
the  known and  available option,  the Port  MacKenzie option  is                                                               
considered the better  choice both for Agrium  and other interior                                                               
resource  development projects  which could  benefit from  having                                                               
access to this tidewater port.                                                                                                  
                                                                                                                                
Mr. Gamble  noted that the  financing component of the  bill does                                                               
not  specify  how  the  debt  service of  the  project  would  be                                                               
structured. This  would allow the  financing team,  once engaged,                                                               
to  begin  the  "long  process"  associated  with  designing  the                                                               
financing aspect of  the project. Conducting a study  on the Port                                                               
MacKenzie  transportation  option  would alleviate  some  of  the                                                               
questions  that might  arise  during  discussions with  potential                                                               
financing partners and buyers. The  study would also "improve the                                                               
chances of  getting an environmental impact  study (EIS) started"                                                               
in regards to getting a rail line to the Port MacKenzie land.                                                                   
                                                                                                                                
10:28:02 AM                                                                                                                   
                                                                                                                                
Mr. Gamble concluded his remarks  by specifying that the Railroad                                                               
strongly  supports further  consideration of  the Port  MacKenzie                                                               
option.                                                                                                                         
                                                                                                                                
10:28:13 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman  questioned the  reason  the  $300 million  was                                                               
offered as  a Floor amendment  rather than being included  in the                                                               
original bill or adopted during the committee hearing process.                                                                  
                                                                                                                                
Mr. Gamble  credited this  as being a  timing issue.  Even though                                                               
the Port Mackenzie transportation option  was one of the numerous                                                               
transportation   options  originally   considered,  it   did  not                                                               
materialize as  a strong option  until Agrium's plant  and energy                                                               
source projects  and the project financing  structure became more                                                               
defined.                                                                                                                        
                                                                                                                                
10:29:48 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman  asked  that  a copy  of  the  Alaska  Railroad                                                               
Corporation's  current financial  statement  be  provided to  the                                                               
Committee. He also sought information  about the Railroad's long-                                                               
term expansion plans and other projects being considered.                                                                       
                                                                                                                                
10:30:36 AM                                                                                                                   
                                                                                                                                
Mr. Gamble affirmed that this  information would be provided. The                                                               
Railroad  seeks local  community  participation when  considering                                                               
expansion  plans  and other  projects.  Status  reports are  also                                                               
provided  to  the  Legislature annually.  Additional  information                                                               
would be provided upon request.                                                                                                 
                                                                                                                                
Co-Chair Hoffman  asked whether  the Corporation has  developed a                                                               
list  of long-range  projects. If  so, he  would appreciate  that                                                               
information.                                                                                                                    
                                                                                                                                
Mr. Gamble affirmed  that the information would  be provided. One                                                               
of the  projects on the list  is to move the  existing rail line,                                                               
which runs through  the middle of Fairbanks, to  a less congested                                                               
area. Similar  action is being  considered for  other communities                                                               
including Wasilla.                                                                                                              
                                                                                                                                
Co-Chair Hoffman asked whether the list is prioritized.                                                                         
                                                                                                                                
Mr. Gamble responded in the negative.                                                                                           
                                                                                                                                
Co-Chair Hoffman asked "why not?"                                                                                               
                                                                                                                                
10:32:12 AM                                                                                                                   
                                                                                                                                
Mr. Gamble  expressed that  the size and  scale of  each project,                                                               
the length  of time required  to conduct  a project EIS,  and the                                                               
need  to  identify  a  funding   source  makes  it  difficult  to                                                               
prioritize the list. Therefore,  the Corporation advances work on                                                               
projects  "in  parallel".  Experience indicates  that  while  one                                                               
project might  advance ahead of  others today, in a  year's time,                                                               
it may lag behind.                                                                                                              
                                                                                                                                
10:32:58 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman asked  that action on the bill  be delayed until                                                               
the requested information could be reviewed.                                                                                    
                                                                                                                                
10:33:07 AM                                                                                                                   
                                                                                                                                
Senator  Thomas  asked the  anticipated  timeline  for this  "big                                                               
project"; specifically how the money  would be allocated and when                                                               
the Agrium plant might convert to coal gasification.                                                                            
                                                                                                                                
10:33:40 AM                                                                                                                   
                                                                                                                                
Mr. Gamble deferred to representatives from Agrium USA, Inc.                                                                    
                                                                                                                                
10:33:50 AM                                                                                                                   
                                                                                                                                
LISA  PARKER,  Government  Relations  Manager  Agrium  USA,  Inc.                                                               
testified  via   teleconference  from  an  offnet   location  and                                                               
communicated  the expectation  that  the  timeline "for  bringing                                                               
this project  on line"  would be 2011  or 2012.  Specific "gates"                                                               
have been identified.  Once a gate is reached,  the project would                                                               
be  re-evaluated and  a determination  made regarding  whether to                                                               
continue advancing the project.  The next evaluation is scheduled                                                               
for  the summer  of  2007. If  the project  is  approved at  that                                                               
point, the next evaluation would be conducted a year later.                                                                     
                                                                                                                                
10:35:25 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman,  who considered  it "odd that  we would  have a                                                               
$300 million  Floor amendment", asked  the Department  of Revenue                                                               
to  further address  this issue.  Something  of this  "magnitude"                                                               
should have been addressed during the committee process.                                                                        
                                                                                                                                
10:35:51 AM                                                                                                                   
                                                                                                                                
JERRY  BURNETT, Legislative  Liaison  and  Director, Division  of                                                               
Administrative  Services,  Department  of Revenue,  informed  the                                                               
Committee  that  the Department  had  not  been involved  in  the                                                               
discussions about the bill or about adding $300 million to it.                                                                  
                                                                                                                                
Mr. Burnett advised, however, that  the bill would not affect the                                                               
State's debt capacity  or credit rating, as the  project would be                                                               
funded with "pure non-recourse  project financing conduit revenue                                                               
bond  type  financing."  The  $300 million  added  by  the  Floor                                                               
amendment would have recourse to the Railroad.                                                                                  
                                                                                                                                
10:36:45 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  asked whether  the Department had  any interest                                                               
in how the Railroad, which  is considered "a separate entity from                                                               
the State", operated.                                                                                                           
                                                                                                                                
Mr.  Burnett pointed  out that  the Railroad,  as an  independent                                                               
corporation,  "has  specific  authorization  for  their  bonding"                                                               
under the  Railroad Transfer Act.  They are able to  utilize this                                                               
type of bond structure "on their own."                                                                                          
                                                                                                                                
10:37:29 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  understood, however, that "the  State of Alaska                                                               
would be  financially responsible" if the  Corporation was unable                                                               
to pay the bonds.                                                                                                               
                                                                                                                                
Mr.  Burnett replied  that "the  recourses would  be against  the                                                               
assets of  the Railroad.  There is no  moral obligation  or other                                                               
State credit support in this legislation."                                                                                      
                                                                                                                                
10:38:13 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman qualified  this as  the reason  he requested  a                                                               
copy of the Railroad's financial  reports. It is doubtful whether                                                               
the  Railroad's  "assets are  sellable  or  marketable to  anyone                                                               
else"  or  whether anyone  else  "would  accept and  operate  the                                                               
Railroad to pay  off this large debt." Thus, "the  next person in                                                               
line will be the State of Alaska."                                                                                              
                                                                                                                                
Co-Chair  Hoffman deemed  this a  "fiduciary responsibility"  the                                                               
Committee  and the  Department of  Revenue  should consider  when                                                               
discussing a project  of this nature. He  expected the Department                                                               
to provide "a straight answer" when questioned about the issue.                                                                 
                                                                                                                                
10:39:18 AM                                                                                                                   
                                                                                                                                
Co-Chair   Stedman  asked   Mr.   O'Leary   to  provide   further                                                               
clarification on  the issuance of  the bonds and the  recourse in                                                               
respect  to  the $2.3  million  bonding  authority and  the  $300                                                               
million component.                                                                                                              
                                                                                                                                
10:39:43 AM                                                                                                                   
                                                                                                                                
Mr.  Gamble  interjected  to  acknowledge   that  the  issue  was                                                               
confusing.  The  bonding  authority  in the  bill  is  a  general                                                               
authority  in  accordance  with  the  Federal  Transfer  Act;  it                                                               
specifies  that  the  Railroad's   Board  of  Directors  and  the                                                               
Legislature  must  approve  any  sale  of  bonds  by  the  Alaska                                                               
Railroad Corporation. However, the bonds  could not be sold until                                                               
the entity assuming the debt service was identified.                                                                            
                                                                                                                                
Mr.  Gamble reiterated  that identifying  the entity  which would                                                               
assume the  debt service  is not  required at  this stage  of the                                                               
game. The first step is  to simply receive authorization from the                                                               
Legislature   to  consider   utilizing  the   Railroad's  bonding                                                               
ability. The  most recent of  several such authorizations  was in                                                               
respect to funding the Alaska Gas Pipeline. No one had been                                                                     
identified to assume debt service in that instance either.                                                                      
                                                                                                                                
Mr. Gamble continued as follows.                                                                                                
                                                                                                                                
     In   this  potential   sale,   there   are  three   separate                                                               
     components: the  Agrium component, the  amendment component,                                                               
     and then the smaller component  that the Railroad would have                                                               
     recourse to,  that I think  Mr. O'Leary referred to  when he                                                               
     talked  about us  buying assets  and then  being responsible                                                               
     for  the payment  of funds  that  might be  borrowed to  buy                                                               
     assets.  And in  that sense,  the recourse  would be  to the                                                               
     Railroad. The  remainder, if  it were  chosen, and  that has                                                               
     not yet been decided either,  if the Railroad were chosen to                                                               
     actually  do the  financing, it  would be  conduit financing                                                               
     with no recourse to the Railroad.                                                                                          
                                                                                                                                
     And  also I  might mention  that these  projects are  not in                                                               
     competition  with   any  other  projects,   whether  they're                                                               
     current Railroad projects  that are already on  the books or                                                               
     ones that could be anticipated in the future.                                                                              
                                                                                                                                
     These  financings  are  independent and  because  we're  not                                                               
     capped, hum,  we're not prioritizing  nor are  we precluding                                                               
     the option of  continuing to work other  large projects with                                                               
     other options for financing those  projects as well. That is                                                               
     a strength  of this tool that  the State has, and  one we're                                                               
     very  interested  in  working  with the  State  to  use  for                                                               
     continued  economic development.  With  that as  sort of  an                                                               
     overview, Mr.  Chairman, thank you.  And I'll pass  the more                                                               
     detailed portion of your question to Mr. O'Leary.                                                                          
                                                                                                                                
10:43:09 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman asked that Mr. O'Leary also address the non-                                                                   
recourse element associated with this issuance; specifically how                                                                
the State or the Railroad might be affected "if Agrium was to go                                                                
insolvent and default on their bonds."                                                                                          
                                                                                                                                
10:43:40 AM                                                                                                                   
                                                                                                                                
Mr. O'Leary stressed  that the portion of the  bond issuance that                                                               
would be  recoursed to  the Railroad was  "the smallest  piece of                                                               
this proposed transaction."  That debt would be  recoursed to the                                                               
assets owned  by the Railroad if  the Railroad was unable  to pay                                                               
their portion of the debt.                                                                                                      
                                                                                                                                
Mr. O'Leary specified  that the largest piece  of the transaction                                                               
relates to Agrium.                                                                                                              
                                                                                                                                
Mr. O'Leary  explained "that,  by statute,"  bonds issued  by the                                                               
Alaska Railroad Corporation  "cannot be backed by  the full faith                                                               
and credit  of the State of  Alaska. So, there is  no recourse to                                                               
the   State."   This  would   be   expressly   included  in   the                                                               
documentation accompanying any such bonds.                                                                                      
                                                                                                                                
10:45:00 AM                                                                                                                   
                                                                                                                                
Mr.  O'Leary clarified  that  his references  to  Agrium in  this                                                               
discussion should be interpreted to  represent either Agrium or a                                                               
joint venture or partnership involving  Agrium in regards to this                                                               
project.  The bonds  sold  to support  this  project "would  have                                                               
recourse only  to the assets of  that entity". There would  be no                                                               
recourse to either the Railroad or the State.                                                                                   
                                                                                                                                
Mr. O'Leary  pointed out that  if that  entity fails to  meet its                                                               
debt service  obligation, "the lenders  would look to  the assets                                                               
of that entity."                                                                                                                
                                                                                                                                
Mr. O'Leary noted that while  the management of the Railroad must                                                               
recommend and the Board of the  Railroad must approve the sale of                                                               
the bonds, "the marketplace" would  have the "ultimate control on                                                               
this." Prior  to the  sale of the  bonds, "the  marketplace would                                                               
opine  as to  whether  they  believe that  the  project and  this                                                               
entity  will   be  able  to   pay  those  bonds  back."   If  the                                                               
determination is  positive, the bonds will  sell; otherwise, they                                                               
would not.                                                                                                                      
                                                                                                                                
10:46:40 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  voiced disbelief that the  marketplace could be                                                               
so "efficient that  once they decide to issue double  A, triple A                                                               
bonds,  they never  get downgraded  and never  go into  default."                                                               
Nonetheless, he  understood that if  there was a default  on this                                                               
issuance, it  would not  impact the  Railroad's ability  to issue                                                               
bonds in the  future. "It wouldn't affect  their rating, wouldn't                                                               
affect the  State in  any way.  It would just  be a  $2.4 billion                                                               
collapse all in the laps of Agrium."                                                                                            
                                                                                                                                
Mr.  O'Leary  stated  that  even  though "this  would  not  be  a                                                               
positive  thing  for the  Railroad,"  there  would be  no  "legal                                                               
recourse  to the  Railroad's assets."  The bonds  would never  be                                                               
sold with  the "Railroads' assets  as the security  or supporting                                                               
it"  simply  because the  Railroad's  balance  sheet and  revenue                                                               
streams could not "support something of this magnitude."                                                                        
                                                                                                                                
10:48:08 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  pointed out that there  have been [unspecified]                                                               
bonds  sold  in  the  past   that  have  not  been  repaid.  This                                                               
undermines one's  confidence that  bonds receiving  the financial                                                               
market's "seal of approval …are guaranteed to be paid back."                                                                    
                                                                                                                                
Co-Chair  Hoffman  then  questioned   why  the  Legislature  must                                                               
approve the  sale of these bonds  if the State would  not be held                                                               
liable.                                                                                                                         
                                                                                                                                
Mr. O'Leary  responded that  Alaska Statutes  require Legislative                                                               
approval  in  order for  the  Alaska  Railroad "to  issue  public                                                               
debt".                                                                                                                          
                                                                                                                                
Co-Chair  Hoffman declared  that "there  has to  be a  reason for                                                               
that."  He  shared  the  belief   that  the  Legislature  has  "a                                                               
fiduciary responsibility  for many  of the corporations  that are                                                               
under us,  even though we don't  approve your budgets. You  are a                                                               
State  corporation, and  then  by being  a  State corporation,  I                                                               
believe that the State of Alaska is ultimately responsible."                                                                    
                                                                                                                                
Co-Chair Hoffman  voiced that  while this may  be argued,  in his                                                               
opinion, the  "corporation is owned  by the State of  Alaska" and                                                               
therefore an  entity that the  Legislature could "decide  to keep                                                               
or  decide to  sell." Thus,  were to  Legislature to  approve the                                                               
sale  of these  bonds and  there were  a default,  "the State  of                                                               
Alaska   would   be  responsible.   We   do   have  a   fiduciary                                                               
responsibility  to  make  sure  that   the  State  of  Alaska  is                                                               
protected."                                                                                                                     
                                                                                                                                
10:50:35 AM                                                                                                                   
                                                                                                                                
Senator Elton asked  whether the $300 million added  by the House                                                               
amendment would solely support the  construction of the spur line                                                               
from Wasilla to  Port Alexander or whether it  would also provide                                                               
finding to  support the transfer  facility "between the  rail and                                                               
marine link."                                                                                                                   
                                                                                                                                
10:51:59 AM                                                                                                                   
                                                                                                                                
Mr. Gamble stated  that "the $300 million is the  all-in cost for                                                               
the Railroad component". It would  accommodate both the spur line                                                               
and "the  operational activities that  would occur at the  end of                                                               
the spur  line" at  Port MacKenzie. This  would include  the off-                                                               
loading and coal pile facilities  as well as on-site maintenance.                                                               
The  local government  would  be providing  the  land and  Agrium                                                               
would be responsible for the  barge loading and dock improvements                                                               
"specific to the project."                                                                                                      
                                                                                                                                
10:52:47 AM                                                                                                                   
                                                                                                                                
Senator Elton  asked that  Agrium be  provided an  opportunity to                                                               
discuss whether  incorporating the  Port MacKenzie spur  into the                                                               
project would increase their costs.                                                                                             
                                                                                                                                
Co-Chair Stedman  stated that that information  would be provided                                                               
during the next hearing on the bill.                                                                                            
                                                                                                                                
10:53:22 AM                                                                                                                   
                                                                                                                                
Senator Thomas  understood that Agrium was  considering switching                                                               
its power  source from  gas to coal  gasification because  of the                                                               
limited amount  of gas available  in South Central  Alaska. Thus,                                                               
he  raised  concern that  this  switch  would be  detrimental  to                                                               
further  exploration and  development of  gas in  Cook Inlet.  It                                                               
might  also negatively  affect consideration  of  running a  spur                                                               
gasline from the North Slope to the area.                                                                                       
                                                                                                                                
10:54:17 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman ordered the bill HELD in Committee.                                                                            
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Bert Stedman adjourned the meeting at 10:54:28 AM.                                                                   

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