Legislature(1993 - 1994)

01/29/1993 09:20 AM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                 SENATE STATE AFFAIRS COMMITTEE                                
                        January 29, 1993                                       
                            9:20 A.M.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Loren Leman, Chairman                                                
  Senator Robin Taylor                                                         
  Senator Johnny Ellis                                                         
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Senator Jim Duncan                                                           
  Senator Mike Miller                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SENATE BILL NO. 49                                                           
  "An Act relating to reelection  reports; closing the two-day                 
  reporting gap in those reports; setting the date of February                 
  15  for  filing  year-end  campaign   finance  reports;  and                 
  requiring of zero year-end reports.                                          
                                                                               
  SENATE BILL NO. 29                                                           
  "An Act making a  special appropriation to the  principal of                 
  the Alaska permanent  fund; and  providing for an  effective                 
  date."                                                                       
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 49 - No previous action to record.                                        
                                                                               
  SB 29 - No previous action to record.                                        
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Josh Fink, Aide                                                              
  Senator Tim Kelly                                                            
  State Capitol                                                                
  Juneau, Alaska  99801-1182                                                   
  POSITION STATEMENT: Testified in support of SB 49.                           
                                                                               
  Brooke Miles                                                                 
  Alaska Public Office Commission                                              
  P. O. Box 110222                                                             
  Juneau, Alaska  99811                                                        
  POSITION STATEMENT:  Testified in support of SB 49.                          
                                                                               
  Senator Bert Sharp                                                           
  State Capitol                                                                
  Juneau, Alaska  99801-1182                                                   
  POSITION STATEMENT:  Sponsor of SB 29.                                       
                                                                               
  Jim Kelly                                                                    
                                                                               
                                                                               
  Alaska Permanent Fund Corporation                                            
  P. O. Box 25500                                                              
  Juneau, Alaska  99802-5500                                                   
  POSITION STATEMENT:  Testified on SB 29.                                     
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-6, SIDE A                                                            
  Number 001                                                                   
                                                                               
  Chairman  Leman called  the Senate  State Affairs  Committee                 
  meeting to order at 9:20 a.m.                                                
                                                                               
  SENATOR  LEMAN  brought  SB  49  (YEAR-END CAMPAIGN  FINANCE                 
  REPORTS)  before  the  committee  as   the  first  order  of                 
  business.                                                                    
                                                                               
  JOSH  FINK, representing SENATOR KELLY'S office testified in                 
  support of SB 49.  He  explained this legislation makes some                 
  long needed adjustments to the  campaign reporting laws, the                 
  major feature of which is closing the two-day reporting gap.                 
                                                                               
  Number 035                                                                   
                                                                               
  Since  the inception  of Alaska's current  finance reporting                 
  laws  in 1974,  there has  been an  inadvertent  two-day gap                 
  which occurs between  the seven day pre-election  report and                 
  the 24-hour reports. The reporting period for the 7-day pre-                 
  election report  ends three  days  prior to  the report  due                 
  date.  The  24-hour reports  for contributions which  exceed                 
  $250 do not begin until 7 days prior to the election.  Thus,                 
  contributions exceeding $250  received the 9th and  8th days                 
  before  the election are not reported  until the 10-day post                 
  election report.    This has  the  effect of  obscuring  the                 
  public's right to know.                                                      
                                                                               
  In addition SB49 would change the deadline  for filing year-                 
  end campaign reports from December 31 to February 15th, thus                 
  allowing  candidates  and groups  the  use of  December bank                 
  statements, and  provide a longer  time period to  prepare a                 
  year-end report.                                                             
                                                                               
  This legislation was introduced in the 17th Legislature and,                 
  after passage in  the House, passed the Senate Ethics Reform                 
  and  Judiciary  Committees,  but died  in  the  Senate Rules                 
  Committee. During  the committee  process  last session  the                 
  Alaska Public Office Commission requested  amendments to the                 
  bill; new language  clarifies scope of year-end  report; and                 
  the filing of zero reports are made mandatory.                               
                                                                               
  SENATOR  ELLIS   asked  if  SENATOR   KELLY  had   discussed                 
  introduction of this bill with SENATOR  DONLEY and if he was                 
                                                                               
                                                                               
  in  agreement  with  the  amendments  contained  within  the                 
  legislation.   JOSH FINK,  answered that  SENATOR KELLY  had                 
  talked with SENATOR DONLEY and that SENATOR DONLEY was first                 
  co-sponsor.                                                                  
                                                                               
  Number 100                                                                   
                                                                               
  BROOKE  MILES,   representing  the   Alaska  Public   Office                 
  Commission, testified that SB49 was  identical to House Bill                 
  86  from the  17th Legislature  and that  the  Alaska Public                 
  Office Commission was in favor of it.                                        
                                                                               
  SENATOR LEMAN asked if  the February 15th date was  to allow                 
  time for  bank statements to  clear.  BROOKE  MILES, replied                 
  that  the  January 15th  date was  a  concern, and  that the                 
  commission supported the date change to  February 15th.  She                 
  mentioned that  the commission  currently did  not have  the                 
  statutory authority for moving forward  that date to January                 
  15.                                                                          
                                                                               
  A final concern with respect to its January 15 date is that,                 
  except  for  the  year  following  gubernatorial  elections,                 
  January 15 always falls on the first week of the legislative                 
  session, which makes it difficult for some elected officials                 
  who haven't filed their report before they come to Juneau to                 
  file it timely.                                                              
                                                                               
  Number 130                                                                   
                                                                               
  SENATOR TAYLOR  moved  to pass  SB  49 from  committee  with                 
  individual recommendations.   Hearing no objections,  it was                 
  so ordered.                                                                  
                                                                               
  SENATOR LEMAN introduced  SB 29 (APPROP: EARNING  RESERVE TO                 
  PF PRINCIPAL) and  invited the  prime sponsor, SENATOR  BERT                 
  SHARP, to join the committee at the table.                                   
                                                                               
  SENATOR SHARP explained  SB 29 proposes to  appropriate $600                 
  million dollars from the Permanent Fund Earnings Reserve for                 
  deposit into the Permanent Fund's Principal Account.                         
                                                                               
  The last  special appropriation  into the  principal of  the                 
  fund occurred in 1987 when $1,264,000,000 was moved from the                 
  Permanent Fund Earnings Reserve by  the legislature into the                 
  Permanent Fund Principal Account.                                            
                                                                               
  SB  29's  proposal  to  move   $600,000,000  will  leave  an                 
  estimated balance  of $235,000,000  in the Earnings  Reserve                 
  Account.                                                                     
                                                                               
  This  balance should prove more than  adequate to meet other                 
  needs  and be a cushion for assuring that inflation proofing                 
                                                                               
                                                                               
  obligations are met through the 1990's.                                      
                                                                               
   Number 175                                                                  
                                                                               
  SENATOR  SHARP explained  that  the  $835 million  projected                 
  balance   got  a  lot  of  legislators,  administrators  and                 
  advocates of various programs eyeballing  it pretty strongly                 
  for their various projects.  He suggested that appropriating                 
  some funds into the principal balance portion of the reserve                 
  may be a way  that the public perception would  accept using                 
  some of the other funds for education or whatever.                           
                                                                               
  He said that the  projections assume that there would  be no                 
  other withdrawals from the  earnings reserve and that was  a                 
  very optimistic assumption  for the next five,  six or seven                 
  years.                                                                       
                                                                               
  JIM  KELLY,  representing  the Permanent  Fund  Corporation,                 
  testified their job  is to manage  the money, keep it  safe,                 
  earn as  much income  as they  can and  leave the  decisions                 
  about what  to do  with the use  of the  earnings up  to the                 
  legislature.    The  only time  the  Corporation's  board of                 
  trustees would  take a position  is if the  legislature were                 
  proposing some kind of a change  that was going to adversely                 
  affect the corporation's ability to do it's job.                             
                                                                               
  The  analysis  that  has  been   provided  is  strictly  the                 
  corporation's best estimate about what the impacts are going                 
  to be on  growth principal  in the future,  what's going  to                 
  happen to income if  something like this is done,  what will                 
  be  the impact on the statutory uses that exist for it right                 
  now.                                                                         
                                                                               
  Mr. Kelly said,  right now $835  million is the amount  that                 
  will be  in the fund  at yearend.   However, that  amount is                 
  subject to change with still five months to go.                              
                                                                               
  Number 250                                                                   
                                                                               
  JIM KELLY said the board meets once a  year to discuss asset                 
  allocation.   Those  decisions are  based on what  the board                 
  thinks the different markets are going to earn over the next                 
  five-year period.                                                            
                                                                               
  JIM  KELLY  distributed  a   packet  that  included  various                 
  reports,  charts  and   miscellaneous  information  on   the                 
  permanent fund.                                                              
                                                                               
  SENATOR LEMAN asked how the Alaska Permanent Fund ranked  in                 
  terms of funds,  such as pension  funds, etc. When the  fund                 
  moves assets  around, does it  have a significant  impact on                 
  the market?  JIM  KELLY answered that although the  fund was                 
  one of the 50  largest funds in the world,  when assets were                 
  moved, it did not have a significant impact on the market.                   
                                                                               
                                                                               
  SENATOR  LEMAN  said,  if  $600  million  is  put  into  the                 
  principal, that will affect inflation proofing because there                 
  is a larger principal to inflation proof and there is a time                 
  coming soon where we  are going to have trouble  meeting our                 
  inflation proofing.  I assume that shifts the date somewhat,                 
  if  so, when does  it shift  and how  will if  affect future                 
  inflation proofing.                                                          
                                                                               
  Number 375                                                                   
                                                                               
  JIM  KELLY  explained  that  based  on  the  capital  market                 
  assumptions, and one he did not mention was what the rate of                 
  inflation would be, the rate of inflation was going to be  4                 
  percent  on  the  average over  the  next  four  years.   If                 
  inflation is at 4 percent and the fund is able to earn 8 1/2                 
  percent, we should be able to make enough money each year to                 
  do both, even with the  $600 million going to principal.  If                 
  inflation  jumps up dramatically or  our earning go down, we                 
  will have to start drawing down that earnings reserve.                       
                                                                               
  SENATOR  SHARP said  he neglected to  mention that  there is                 
  some  confusion currently where  the permanent  fund earning                 
  reserve  comes   into  play.     Classification   under  the                 
  constitutional budget  reserve statute says  all other funds                 
  have to be exhausted before  getting into the constitutional                 
  reserve,  and  according  to legislative  legal  there  is a                 
  possibility that the permanent fund  earnings are labeled as                 
  other funds.   Unless clarified by statute,  which he thinks                 
  no matter  what we  do,  we might  want to  see that  that's                 
  clarified depending on the will of the body.                                 
                                                                               
  If that's the  case he  felt that its  more imperative  than                 
  ever to protect some of the reserves.                                        
  Due to the loss of a quorum, the Chairman announced the bill                 
  would be moved out of committee at the next meeting.                         
                                                                               
  There  being  no   further  business  to  come   before  the                 
  committee, the meeting was adjourned at 9:50 a.m.                            

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