Legislature(2003 - 2004)

04/10/2003 09:00 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          April 10, 2003                                                                                      
                              9:00 AM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-03 # 44, Side A                                                                                                             
SFC 03 # 44, Side B                                                                                                             
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Gary Wilken convened  the meeting at approximately 9:00 AM.                                                            
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Con Bunde, Vice Chair                                                                                                   
Senator Robin Taylor                                                                                                            
Senator Ben Stevens                                                                                                             
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
Also Attending:   SENATOR TOM WAGONER;  SUSAN COX, Chief,  Assistant                                                          
Attorney General, Civil  Division, Department of Law; BRAD THOMPSON,                                                            
Director, Division of Risk  Management, Department of Administration                                                            
                                                                                                                                
Attending via  Teleconference:  From  Kenai: LARRY SEMMENS,  Finance                                                          
Director, City  of Kenai; From Anchorage: RANDY HOFFBECK,  Petroleum                                                            
Property Assessor, Tax Division, Department of Revenue                                                                          
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 136-RESIDENTIAL PROPERTY TAX EXEMPTION                                                                                       
                                                                                                                                
The Committee heard from  the sponsor, the Department of Revenue and                                                            
the City of Kenai. The bill was held in Committee.                                                                              
                                                                                                                                
SB 120-CLAIMS BY STATE-EMPLOYED SEAMEN                                                                                          
                                                                                                                                
The Committee  heard from the Department  of Law and the  Department                                                            
of Administration. The bill was held in Committee.                                                                              
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 136                                                                                                        
     "An  Act increasing  an optional  exclusion  or exemption  from                                                            
     municipal taxation for residential property."                                                                              
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken  stated   this  bill  "raises  the  amount  that  a                                                            
municipality  may exempt  residential  property  from taxation  from                                                            
$10,000 to $50,000."                                                                                                            
                                                                                                                                
SENATOR TOM  WAGONER read the sponsor  statement into the  record as                                                            
follows.                                                                                                                        
                                                                                                                                
     SB 136 amends  current statutes to provide for  an exemption of                                                            
     up  to   $50,000  on  residential   property,  to  give   local                                                            
     governments flexibility in taxing decisions.                                                                               
                                                                                                                                
     Under current  law, municipalities may exempt  up to $10,000 of                                                            
     the  assessed value  of any single  residential property.  This                                                            
     authorization has been law since 1974.                                                                                     
                                                                                                                                
     Five municipalities offer this exemption:                                                                                  
        · Bristol Bay Borough                                                                                                   
        · Kenai Peninsula Borough                                                                                               
        · Fairbanks North Star Borough                                                                                          
        · North Slope Borough                                                                                                   
        · City of Valdez                                                                                                        
                                                                                                                                
     In  2002,  the  voters  of  the  Kenai  Peninsula  rejected  an                                                            
     initiative  that would  have restricted  food items from  sales                                                            
     taxes.  Argument in opposition  to the initiative was  that the                                                            
     sales  tax was a mechanism  for obtaining  fees from  visitors.                                                            
     The  logic of that was  disputed when  it was pointed  out that                                                            
     residents pay the same tax.                                                                                                
                                                                                                                                
     Providing  the local  governments the  ability to increase  the                                                            
     property   tax  exemption  up  to  $50,000  allows   the  local                                                            
     government flexibility  so they could still collect sales taxes                                                            
     from visitors and then provide tax relief from residents.                                                                  
                                                                                                                                
Senator  Wagoner clarified  that  the tax  exemptions  would not  be                                                            
implemented without voter  approval. He shared that this legislation                                                            
was offered at the request of the Kenai Peninsula Borough.                                                                      
                                                                                                                                
Co-Chair  Green cited  a portion of  the analysis  statement  in the                                                            
Department  of Community  and Economic  Development  fiscal note  as                                                            
follows.                                                                                                                        
                                                                                                                                
     …That  subsequent  effect on  state oil  and  gas property  tax                                                            
     revenue  is hard  to calculate,  which is why  the fiscal  note                                                            
     shows an  indeterminate amount…Therefore, we  cannot accurately                                                            
     project  what  effect  this legislation   would have  on  state                                                            
     property tax revenues.                                                                                                     
                                                                                                                                
Co-Chair  Green surmised that  any advantage  to a borough  resident                                                            
property owner  would result in an  equal disadvantage to  the State                                                            
through the loss of revenue.                                                                                                    
                                                                                                                                
Senator Wagoner admitted  this was a possibility but assured that if                                                            
the Kenai Peninsula Borough  were to increase the exemption with the                                                            
intent  to increase the  mill rate  to recoup  revenue lost  by that                                                            
exemption  increase,  he  would  "be  the  first  one  to  come  out                                                            
publicly" in opposition  of the proposal. He stressed the purpose of                                                            
this legislation  is to allow a municipality  to provide  tax relief                                                            
in the event of excess revenues.                                                                                                
                                                                                                                                
LARRY  SEMMENS,  Finance  Director,  City of  Kenai,  testified  via                                                            
teleconference  from Kenai  in opposition to  the bill on behalf  of                                                            
the administration  of the City. He referenced written  testimony he                                                            
had submitted [copy on  file.] He added that the mayor had written a                                                            
letter "to our delegation"  [copy not provided] in opposition to the                                                            
bill at the request  of the City Council, although  the City Council                                                            
has not issued an official  opinion on the matter, as it has not yet                                                            
had an opportunity to meet on the issue.                                                                                        
                                                                                                                                
Co-Chair  Wilken interjected  that the Kenai  Peninsula Borough  has                                                            
adopted a  resolution in  support of the  legislation, although  the                                                            
City government is opposed.                                                                                                     
                                                                                                                                
Senator  Olson clarified  that the witness'  statements reflect  the                                                            
witness' opinion  and do not necessarily represent  the views of the                                                            
City Council, as it had not issued an opinion to date.                                                                          
                                                                                                                                
Mr. Semmens  affirmed but  noted the City  Council had directed  the                                                            
mayor to  speak in opposition.  He reiterated  that the Council  had                                                            
not had an opportunity to adopt a resolution.                                                                                   
                                                                                                                                
Mr. Semmens read  his written testimony into the record  as follows.                                                            
                                                                                                                                
     Increasing  the residency exemption  to $50,000 is poor  public                                                            
     policy  because  it  shifts  the burden  of  support  of  local                                                            
     governments  from  the majority  of  voters (homeowners)  to  a                                                            
     small  minority of business owners.  This will allow  decisions                                                            
     to  be made by  people who do  not pay the  bill. It will  also                                                            
     promote  a lack of interest  on the part  of the residents  and                                                            
     voters; after  all, someone else will be paying,  so who cares.                                                            
     We are starting to  see intense interest from the voters in the                                                            
     affairs  of the State.  Why? Because there  is talk of  needing                                                            
     more money, of people  having to pay for the services they get.                                                            
     This is  a positive development.  People will have in  interest                                                            
     in  their government  if they  have to  pay for  what they  are                                                            
     getting.  Increasing   the residency   exemption  will  promote                                                            
     apathy  and it will  result in a more  unequal distribution  of                                                            
      the bearing the burden of the cost of local government.                                                                   
                                                                                                                                
     The theory  that businesses can  pass this higher cost  back to                                                            
     their   customers    (homeowners)   may   be   true   in   some                                                            
     municipalities. In  Kenai, this is not true. Competitive forces                                                            
     from outside  the municipal boundaries  may make it  impossible                                                            
     to pass increased  costs to customers. Businesses  will have to                                                            
     pay the higher costs  from already shrinking profits, or choose                                                            
     to locate their businesses elsewhere.                                                                                      
                                                                                                                                
     In Kenai,  we are experiencing  a severe economic downturn  due                                                            
     to the  closure of Kmart, poor  commercial fishing seasons  and                                                            
     rumors  of layoffs at Agrium.  The budget situation  guarantees                                                            
     that  Kenai will  not adopt  the $50,000  exemption because  it                                                            
     would  cost  over  $200,000  annually.  The  problem  with  not                                                            
     adopting  the  exemption  is  that this  will  provide  another                                                            
     reason  for new  housing  development  to be  made outside  the                                                            
     City. The  City's residential development is  already strangled                                                            
     by the  State's rural loan program  that provides low  interest                                                            
     loans for housing outside of the City.                                                                                     
                                                                                                                                
     While the  exemption is voluntary for each municipality,  it is                                                            
     clear that  there will be pressure to adopt the  exemption when                                                            
     the area's outside the City adopt it.                                                                                      
                                                                                                                                
     I hope that you will  consider the impacts of this bill and not                                                            
     pass it out of your committee.                                                                                             
                                                                                                                                
Co-Chair Wilken asked the date the $10,000 exemption amount was                                                                 
established                                                                                                                     
                                                                                                                                
Senator Wagoner answered, 1974.                                                                                                 
                                                                                                                                
Co-Chair Wilken referenced a spreadsheet and requested an                                                                       
explanation.                                                                                                                    
                                                                                                                                
RANDY HOFFBECK, Petroleum Property Assessor, Tax Division,                                                                      
Department of Revenue, testified via teleconference from Anchorage                                                              
detailed  the   information  contained   in  a  spreadsheet   titled                                                            
"Estimated annual  Loss in State Revenues Due to Proposed  Increased                                                            
Allowance for Residential Exemption". [Copy on file]                                                                            
                                                                                                                                
AT EASE 9:18 AM / 9:19 AM                                                                                                       
                                                                                                                                
[Note:  It was  established that  the Committee  was  working off  a                                                            
different spreadsheet  and the witness  was requested to  repeat his                                                            
overview once this spreadsheet was distributed.]                                                                                
                                                                                                                                
Mr. Hoffbeck  listed the figures pertaining  to the Kenai  Peninsula                                                            
Borough, referenced as lettered columns, as follows.                                                                            
                                                                                                                                
     Current 10K Exemption                                                                                                      
     A. Total Local Assessed Value-Prior to Residential Exemption:                                                              
        $3,990,563,602                                                                                                          
     B. Residential Exempt $ @ $10K (Actual-Reported): $101,524,300                                                             
     C. Taxable Value (C = A - B): $3,889,039,302                                                                               
     D. Borough/City Wide Mill Rate (TY 2000): 9.500                                                                            
     E. Revenue Generated (E = C x D/1000): $36,945,873                                                                         
                                                                                                                                
     Proposed 50K Exemption                                                                                                     
     F. Local Assessed Value-Prior to Residential Exemption (F=A):                                                              
        $3,990,563,602                                                                                                          
     G. Residential Exempt $ @ $50K (Estimated @500%): $507,621,500                                                             
     H. Taxable Value (H=F-G): $3,482,940,102                                                                                   
     I. Borough/City Wide Mill Rate Necessary for New Exemption (I                                                              
        = J/H): 10.608                                                                                                          
     J. Revenue Generated (J = E): $36,945,873                                                                                  
          Revenue Loss: 9.500 ($3,857,923)                                                                                      
                                                                                                                                
Mr. Hoffbeck noted  the estimated residential exemption  amount with                                                            
a $50,000  exemption  allowance was  calculated  by multiplying  the                                                            
amount of  the current exemptions  claimed  by five. He stated  this                                                            
makes the assumption  that residents  currently receiving  a $10,000                                                            
exemption would receive a $50,000 exemption.                                                                                    
                                                                                                                                
Mr. Hoffman explained  the adjusted mill rate was  determined as the                                                            
increase  necessary  to  generate  the  same amount  of  revenue  as                                                            
currently generated under the $10,000 exemption program.                                                                        
                                                                                                                                
     Estimated Loss in State Revenue                                                                                            
     K. Value of AS 43.56 Property: $660,927,900                                                                                
     L. Change in Mill Rate (L = I - D): 1.108                                                                                  
     M. Effect on State Portion of AS 43.56 (M = K x L): $732,084                                                               
                                                                                                                                
Mr.  Hoffbeck  identified   AS  43.56  Property   as  "oil  and  gas                                                            
property".                                                                                                                      
                                                                                                                                
Mr. Hoffbeck  explained the  change in mill  rate as the  difference                                                            
between the current mill  rate and the estimated increased mill rate                                                            
instituted  by  the Borough  to  offset  revenues  lost due  to  the                                                            
increased  exemption.  He detailed  the  process whereby  the  State                                                            
collects taxes on oil and  gas property at a mill rate of 20.0, less                                                            
the mills collected by  the local municipality. Therefore, he stated                                                            
the increased  mills collected by the Kenai Peninsula  Borough would                                                            
result in same amount of decreased revenues to the State.                                                                       
                                                                                                                                
Mr.  Hoffbeck  qualified  the amounts  listed  on  this spreadsheet                                                             
reflect a scenario  whereby the Borough  increases the exemption  to                                                            
the maximum  amount  allowable and  also offsets  the lost  revenues                                                            
with an increased mill rate.                                                                                                    
                                                                                                                                
     "Local" Effect of Increased Mill Rate                                                                                      
     N. Value of non-AS 43.56 Property (N = H - K): $2,822,015,012                                                              
     O. Change in Mill Rate (O = L): 1.108                                                                                      
     P. Effect on "Local" Portion of AS 43.56 (P = N x O):                                                                      
        $3,125,839                                                                                                              
          Revenue Loss: $3,857,923                                                                                              
                                                                                                                                
     [Data pertaining to the remaining four municipalities are                                                                  
     contained on the spreadsheet on file.]                                                                                     
                                                                                                                                
Mr. Hoffbeck  qualified this information  does not pertain  to State                                                            
revenue, rather  details the mill rate increase necessary  to offset                                                            
the lost revenues incurred  if the exemption was increased. He noted                                                            
this would be collected from other property owners.                                                                             
                                                                                                                                
Co-Chair Wilken  asked if the "other  property owners" are  business                                                            
property  owners  as  well  as  those residential   property  owners                                                            
benefiting from the $40,000 additional exemption.                                                                               
                                                                                                                                
Mr. Hoffbeck affirmed.                                                                                                          
                                                                                                                                
Co-Chair  Green asked for  a definition of  "Local" as indicated  on                                                            
the spreadsheet.                                                                                                                
                                                                                                                                
Mr.  Hoffbeck responded  this  indicates  all taxpayers  within  the                                                            
Kenai Peninsula Borough.                                                                                                        
                                                                                                                                
Senator  Wagoner  commented   that  the  figures  contained  in  the                                                            
spreadsheet  assume  the Kenai  Peninsula  Borough  would "need"  to                                                            
increase the mill  rate. He expressed this is not  the intent of the                                                            
Borough,  and instead  Borough  "would not  be increasing  the  mill                                                            
rate".                                                                                                                          
                                                                                                                                
Senator  Wagoner referenced  information  from  the Kenai  Peninsula                                                            
Borough Tax Assessor disputing  the data presented by the Department                                                            
of Revenue [copy not provided.]                                                                                                 
                                                                                                                                
Senator  Wagoner  charged that  assuming  that the  Kenai  Peninsula                                                            
Borough would  increase the mill rate "so we can come  up with these                                                            
figures, to me  is an erroneous statement because  that is not their                                                            
intent."                                                                                                                        
                                                                                                                                
Co-Chair  Wilken asked  if the  State must  make  up the  difference                                                            
between the $732,084 (column  M) and the revenue loss of $3,857,923.                                                            
                                                                                                                                
Senator  Wagoner  clarified  the spreadsheet   lists the  amount  of                                                            
reduced revenue to the  State in taxes on oil and gas properties due                                                            
to an increased  mill rate imposed by the Borough.  He stressed this                                                            
would only occur  in the event the Borough increased  the mill rate.                                                            
                                                                                                                                
Senator Taylor asked if  revenue to the State would be reduced under                                                            
this legislation  regardless  of whether  the Borough  mill rate  is                                                            
increased  and that  only the  amount would  vary  depending on  the                                                            
amount of a mill rate change.                                                                                                   
                                                                                                                                
Senator  Wagoner  disagreed and  asserted  the State  revenue  would                                                            
remain the same if the mill rate were not increased.                                                                            
                                                                                                                                
Senator  Taylor pointed  out  that under  existing  law the  $10,000                                                            
exemption  reduces  the  amount  of  taxable   property  within  the                                                            
Borough.                                                                                                                        
                                                                                                                                
Senator Wagoner  clarified the exemption does not  reduce the amount                                                            
of taxable  property but rather the  value of the taxable  property.                                                            
                                                                                                                                
Senator Wagoner  remarked  that the assumption  is that the  Borough                                                            
would increase  the exemption to $50,000, the maximum  allowed under                                                            
this legislation;  however  he surmised the  Borough might  increase                                                            
the exemption  only to $15,000. He  shared he was unsure  the actual                                                            
intention of the Borough.                                                                                                       
                                                                                                                                
Senator  Taylor expressed  that a residential  property owner  would                                                            
advocate  to the Borough  to increase the  exemption to the  maximum                                                            
amount allowable.                                                                                                               
                                                                                                                                
Senator Wagoner  agreed, but said this would be the  decision of the                                                            
Borough. He predicted that  if this legislation passes, considerable                                                            
discussions on  the matter would occur at the Borough  and Municipal                                                            
levels of government.  One topic,  he stated would be the  amount of                                                            
the exemption.                                                                                                                  
                                                                                                                                
Co-Chair  Wilken   announced  the   amount  of  $50,000   should  be                                                            
referenced for discussion purposes.                                                                                             
                                                                                                                                
Senator  Taylor questioned  how the  Kenai Peninsula  Borough  could                                                            
resist  the  pressure  to reduce  taxes  $36  million.  He  surmised                                                            
residents would  vote for the full  exemption. He stated  that other                                                            
tax  increases  would  subsequently  be  necessary,  although  these                                                            
increases  would  not be  distributed  equally among  all  taxpayers                                                            
because of the $50,000 exemption.                                                                                               
                                                                                                                                
Senator  Wagoner  corrected the  actual  revenue reduction  for  the                                                            
Borough would be $3.8 million.                                                                                                  
                                                                                                                                
Co-Chair Wilken  stressed the need to better understand  this issue.                                                            
                                                                                                                                
Senator  Hoffman asked  what is  currently exempted  under  existing                                                            
law.                                                                                                                            
                                                                                                                                
Senator  Wagoner replied  that the  exemption is  available for  the                                                            
primary residences  of all property owners in the  Borough. He noted                                                            
an application  must  be submitted  annually to  participate in  the                                                            
exemption.                                                                                                                      
                                                                                                                                
Senator B.  Stevens referenced the  notation to the Kenai  Peninsula                                                            
Borough data on the spreadsheet  indicating, "Used Nikiski Mill Rate                                                            
minus the 2.3  mill levy for fire  service district" and  asked what                                                            
services are provided.                                                                                                          
                                                                                                                                
Senator Wagoner noted the  services vary by service area and that he                                                            
would provide further information.                                                                                              
                                                                                                                                
Senator B. Stevens noted  this would affect residents in the Borough                                                            
based upon the location of their property within the Borough.                                                                   
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 120                                                                                                        
     "An Act relating to  the state's sovereign immunity for certain                                                            
     actions regarding  injury, illness, or death  of state-employed                                                            
     seamen and to workers'  compensation coverage for those seamen;                                                            
     and providing for an effective date."                                                                                      
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken  pointed out this bill was introduced  by request of                                                            
the Governor and, "requires  the Alaska Marine Highway System (AMHS)                                                            
crew members work-related  injuries or illnesses to be covered under                                                            
the State  Workers'  Compensation  Act. Currently  this coverage  is                                                            
provided through the federal jurisdiction of the Jones Act."                                                                    
                                                                                                                                
SUSAN  COX,  Chief,  Assistant  Attorney  General,  Civil  Division,                                                            
Department  of Law  testified  this bill  would assert  the  State's                                                            
sovereign immunity in cased  involving injuries, illness or death of                                                            
employees  of the  State  who are  seamen.  She informed  that,  for                                                            
litigation   purposes  these  workers   are  currently  covered   by                                                            
traditional  maritime  remedies of  maintenance  and care,  unearned                                                            
wages as well as the Jones  Act. This legislation, she stated, would                                                            
instead  provide  workers'  compensation   coverage  to effectively                                                             
provide  a uniform  system of  remedy for  State  employees who  are                                                            
injured on the job.                                                                                                             
                                                                                                                                
Ms. Cox noted  this would be accomplished  by amending AS  09.52.50,                                                            
the statute  that waives the State's  sovereign immunity  to be sued                                                            
in court. She told of a  1990 Alaska Supreme Court decision on State                                                          
of Alaska  versus Robert  Brown involving  the Department of  Public                                                          
Safety, which determined  that the State's workers' compensation law                                                            
could not be applied as  the exclusive remedy for seamen because the                                                            
State had unconditionally  waived  it's immunity to be sued  and was                                                            
therefore  subject to federal  maritime remedies  in the Jones  Act.                                                            
However, she pointed out  this decision also ruled that if the State                                                            
desired to withdraw  its consent to sue, it could  do so and provide                                                            
workers' compensation  by amendment the aforementioned  statute. She                                                            
informed that this approach  was utilized by other states, including                                                            
Texas and  North Carolina,  and has  been addressed  at the  federal                                                            
level as well.                                                                                                                  
                                                                                                                                
Ms. Cox  pointed out  this legislation  would  not impact  privately                                                            
employed seamen, only those employed by the State.                                                                              
                                                                                                                                
Ms. Cox further  noted this legislation  would not only affect  AMHS                                                            
employees,  as the Department  of Public  Safety, the Department  of                                                            
Fish and  Game and other  departments also  employ some workers  who                                                            
qualify as  seamen.  However, she  stated that most seamen  employed                                                            
by the State work in the AMHS.                                                                                                  
                                                                                                                                
Ms. Cox stated that between  1983 and 1991, the AMHS ferry employees                                                            
were covered  by workers'  compensation  as a  result of  collective                                                            
bargaining   agreements  with   three  unions.   She  detailed   the                                                            
agreements,  which provided workers'  compensation coverage  in lieu                                                            
of traditional maritime  remedies and Jones Act litigation. In 1991,                                                            
she informed, the Alaska  Supreme Court ruled that arrangement, as a                                                            
result of collective  bargaining,  was not enforceable and  that the                                                            
unions  could  not waive  their  individual  members'  rights  under                                                            
federal law. She stated  that the only option to substitute workers'                                                            
compensation  for State-employed seamen  would therefore  be through                                                            
legislation.                                                                                                                    
                                                                                                                                
Ms. Cox expected  this change would  save the State money  reporting                                                            
that currently  seaman  injured or  ill on a  vessel, regardless  of                                                            
whether the  injury or illness  was caused  by work, is entitled  to                                                            
certain no-fault  remedies. She listed  these remedies as  including                                                            
payment  of  wages  until  the  conclusion  of  the  voyage  without                                                            
reduction to sick  leave accounts; payment of the  approximately $45                                                            
daily  stipend,   also  called  maintenance,   until  recovery   and                                                            
resumption of work; and  continued payment of maintenance to augment                                                            
sick leave  payments  until work is  resumed. She  compared this  to                                                            
workers'  compensation  practices  whereby  most illnesses  are  not                                                            
covered   unless  occupational   diseases,   concluding  that   this                                                            
legislation  would result in  the use of sick  leave for payment  of                                                            
wages during most illnesses incurred by seamen.                                                                                 
                                                                                                                                
Ms. Cox pointed  out that workers'  compensation would treat  seamen                                                            
with  injuries  "more  favorably"  in  that  workers  would  collect                                                            
workers'  compensation   insurance  rather  than  the  $45  per  day                                                            
maintenance payment. She  reported the insurance payments are closer                                                            
to the  amount of  the employee's  regular wages  and no  deductions                                                            
would be  taken from the  employee's leave  account. Therefore,  she                                                            
stated that  workers' compensation  is more  beneficial for  injured                                                            
employees who do not intend  to sue the State for damages than other                                                            
no fault remedies provided under maritime law.                                                                                  
                                                                                                                                
Ms. Cox qualified  that the range of possible damages  allowed under                                                            
the Jones Act  is greater for those  employees who do sue  the State                                                            
for damages  due  to work-related  injuries.  However, she  stressed                                                            
that the employee must  prove fault or negligence on the part of the                                                            
employer  and   are  subject  to   affirmative  defenses,   such  as                                                            
comparative  negligence. She furthered  that the employee  must hire                                                            
an attorney and  pay a contingent fee. She noted that  both sides in                                                            
a  litigation  matter  incur  expenses  and she  expected  that  the                                                            
absence of litigation provided  in the workers' compensation program                                                            
would also save the State money.                                                                                                
                                                                                                                                
Ms. Cox stated  that State-employed  seamen have benefits  that many                                                            
privately  employed  seamen do  not,  including sick  leave,  annual                                                            
leave, health insurance, disability benefits, etc.                                                                              
                                                                                                                                
Ms.  Cox concluded  that  the  effective  date of  this legislation                                                             
provides  that the changes  would affect  new injuries or  illnesses                                                            
occurring after  July 1, 2003. She  noted the three-year  statute of                                                            
limitations for bringing  claims or lawsuits under the Jones Act and                                                            
therefore, litigation would continue for a few years.                                                                           
                                                                                                                                
Senator Bunde asked the  amount of claims and the cost of litigation                                                            
of the current  system versus the anticipated financial  impact of a                                                            
change to workers' compensation coverage.                                                                                       
                                                                                                                                
BRAD THOMPSON, Director,  Division of Risk Management, Department of                                                            
Administration,  informed that  the Division  administers the  self-                                                            
insurance program  for the State agencies and operations,  including                                                            
workers' compensation  coverage for  State employees as well  as the                                                            
first  $1 million  coverage  for  claims  of  State-employed  seamen                                                            
covered under the federal maritime laws.                                                                                        
                                                                                                                                
Mr. Thompson directed attention  to the fiscal note, which indicates                                                            
significant  cost saving would  occur in  the future. He  emphasized                                                            
that  the savings  amount is  not specified  due to  the "method  of                                                            
funding the  risk management program."  He explained the  program is                                                            
funded on a "cash  flow basis…for the claims expected  to be paid in                                                            
the next  fiscal period,"  noting  that the  outstanding claims  are                                                            
"far greater  than the sums that we  put into the appropriation  for                                                            
that next fiscal period."  He stated that were the program funded in                                                            
the annual manner  in which private insurance operates,  the premium                                                            
rates would be reduced with enactment of this legislation.                                                                      
                                                                                                                                
Mr.  Thompson  referenced  a  collection  of  spreadsheets  with  an                                                            
accompanying  analysis  [copies  on  file.] He  stressed  this  data                                                            
reflects  only claims  resulting  in an  expense to  the State  from                                                            
illnesses and injuries. He detailed the analysis as follows.                                                                    
                                                                                                                                
     An  analysis  of  AMHS  crew claims  costs  compared  to  those                                                            
     provided  under  the Alaska  Workers  Comp Act  (AWCA) for  all                                                            
     other state employees.                                                                                                     
                                                                                                                                
     The enclosed Excel  workbook contains detailed breakouts of the                                                            
     actual  incurred loss (cost to  date plus anticipated  expense)                                                            
     by each individual  AMHS vessel for the past  six fiscal years.                                                            
                                                                                                                                
     To objectively  analyze the AMHS  employee's injury  experience                                                            
     to  the state's overall  employee injury  rate, both  frequency                                                            
     (number  of claims) and severity  (loss cost) are averaged  and                                                            
      compared on a per 100 FTE (full time equivalent) basis.                                                                   
                                                                                                                                
     Additional  analysis was  performed between  AMHS and  the five                                                            
     state  agencies  with the  highest workers'  compensation  loss                                                            
     experience  -  to  provide  comparison  to  similar  physically                                                            
     demanding jobs.                                                                                                            
                                                                                                                                
     AMHS shows  a five year average loss rate of  41 claims per 100                                                            
     FTE's  in comparison  the state overall  workers' compensation                                                             
     injury  rate  of 8,  with  the highest  five  agencies  showing                                                            
     average loss experience of 10 claims per 100 FTE's.                                                                        
                                                                                                                                
     On  a  cost   per  100  FTE's  analysis;  AMHS  actual   claims                                                            
     experience during  the last five years shows an average cost of                                                            
     $197,065 compared  to the top five state agencies averaged cost                                                            
     of $64,145 during the same period.                                                                                         
                                                                                                                                
     The  most significant  difference  is  the award  for the  non-                                                            
     economic  damages,  not  provided  under  workers compensation                                                             
     remedies  and that life illnesses that are alleged  to manifest                                                            
     during a voyage are covered under the Jones Act.                                                                           
                                                                                                                                
Mr.  Thompson reported  that  this legislation  would  result in  an                                                            
approximate savings of $850,000 in future years.                                                                                
                                                                                                                                
Senator  Bunde  asked whether  a  comparison  was made  against  the                                                            
period  of time  when  the employees  were  covered  under  workers'                                                            
compensation  insurance  in  accordance  with  the  bargaining  unit                                                            
agreements.                                                                                                                     
                                                                                                                                
Mr. Thompson  replied  that because  the information  is  co-mingled                                                            
with claims  submitted  by other  Department  of Transportation  and                                                            
Public  Facilities  employees,   such  a  comparison  has  not  been                                                            
undertaken.                                                                                                                     
                                                                                                                                
Senator  Hoffman  asked why  this change  to  workers' compensation                                                             
coverage  was  not  implemented  in the  past  given  the  predicted                                                            
significant savings.                                                                                                            
                                                                                                                                
Ms. Cox responded the matter  has been considered for several years,                                                            
although  it has been  "in need  of a sponsor".  She furthered  that                                                            
although  the 1990 Alaska  Supreme Court  decision "suggested"  this                                                            
change is allowable, uncertainty  over the federal constitutionality                                                            
was not settled until recently.                                                                                                 
                                                                                                                                
                                                                                                                                
SFC 03 # 44, Side B 09:49 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator  Taylor asked  what  information the  fiscal  note is  based                                                            
upon. He asked  whether evidence of  a savings exists and  when this                                                            
savings would be realized.                                                                                                      
                                                                                                                                
Mr.  Thompson  referenced  the  spreadsheets   showing  a  five-year                                                            
historical  average comparison  of the rate  of claims and  cost per                                                            
claims   of  MHS   employees  to   other  State   employees,   which                                                            
demonstrates.  He  qualified   that  the  duties  performed  by  MHS                                                            
employees is different  than other Department of Transportation  and                                                            
Public  Facilities employees  and the  employees  of the four  other                                                            
comparison  agencies, but pointed  out that Department of  Labor and                                                            
Workforce  Development   statistics  indicate  similar   numbers  of                                                            
Occupational  Safety  and Health  Administration  (OSHA) reports  of                                                            
non-fatal injuries.                                                                                                             
                                                                                                                                
Senator Taylor  asked if  State policy requires  MHS employees  file                                                            
notification of  injuries regardless of whether costs  are incurred.                                                            
                                                                                                                                
Mr. Thompson replied that  recently enacted regulations require such                                                            
reporting,   although   this  process   is   under  implementation.                                                             
Therefore,  he noted the  data does not reflect  the incidents  that                                                            
had no expense.                                                                                                                 
                                                                                                                                
Ms. Cox added that federal  and international law requires reporting                                                            
of all work-related  injuries, in  part, to accurately track  safety                                                            
issues. She noted the higher  incidences of claims for MHS employees                                                            
because  illnesses and  non-work related  injuries  are reported  as                                                            
well.                                                                                                                           
                                                                                                                                
Senator  Taylor understood  the difficulty  in  comparing apples  to                                                            
oranges.                                                                                                                        
                                                                                                                                
Ms. Cox agreed  and stated that many  incidences do not result  in a                                                            
claim.                                                                                                                          
                                                                                                                                
Senator Taylor  commented on the State workers' compensation  system                                                            
and opined  that it is inadequate  in protecting workers  injured on                                                            
the job.                                                                                                                        
                                                                                                                                
Co-Chair Wilken noted a response would come later.                                                                              
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Gary Wilken adjourned the meeting at 09:56 AM                                                                          

Document Name Date/Time Subjects