Legislature(1999 - 2000)

02/02/1999 03:32 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            SENATE STATE AFFAIRS COMMITTEE                                                                                      
                   February 2, 1999                                                                                             
                      3:32 p.m.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Lyda Green, Vice Chair                                                                                                  
Senator Jerry Mackie                                                                                                            
Senator Randy Phillips                                                                                                          
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Jerry Ward, Chair                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE JOINT RESOLUTION NO. 4                                                                                                   
Relating to a national ballistic missile defense system.                                                                        
                                                                                                                                
          -MOVED CSSJR 4(STA) OUT OF COMMITTEE                                                                                  
SENATE BILL NO. 46                                                                                                              
"An Act naming the Alex Miller Building."                                                                                       
                                                                                                                                
          -SCHEDULED BUT NOT HEARD                                                                                              
                                                                                                                                
SENATE BILL NO. 43                                                                                                              
"An Act making a special appropriation from the earnings reserve                                                                
account to the principal of the permanent fund; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
         -HEARD AND HELD                                                                                                        
                                                                                                                                
SENATE BILL NO. 36                                                                                                              
"An Act relating to state procurement of certain computer-related                                                               
contracts."                                                                                                                     
                                                                                                                                
          -MOVED SB 36 OUT OF COMMITTEE                                                                                         
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SJR 4 - No previous Senate action.                                                                                              
                                                                                                                                
SB 43 - No previous Senate action.                                                                                              
                                                                                                                                
SB 36 - See State Affairs minutes dated 1/28/99.                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Senator Tim Kelly                                                                                                               
Alaska State Capitol                                                                                                            
Juneau, Alaska  99801-1182                                                                                                      
POSITION STATEMENT:  Sponsor of SJR 4                                                                                           
                                                                                                                                
Chris Nelson, Staff                                                                                                             
Joint Committee on Military Bases                                                                                               
Alaska State Capitol                                                                                                            
Juneau, Alaska  99801-1182                                                                                                      
POSITION STATEMENT:  Supports SJR 4                                                                                             
                                                                                                                                
Jim Kelly                                                                                                                       
Director of Communications                                                                                                      
Alaska Permanent Fund Corporation                                                                                               
PO Box 25500                                                                                                                    
Juneau, AK  99802-5500                                                                                                          
POSITION STATEMENT:  Commented on SB 43                                                                                         
                                                                                                                                
Ross A. Kinney                                                                                                                  
Deputy Commissioner                                                                                                             
Department of Revenue                                                                                                           
PO Box 110405                                                                                                                   
Juneau, AK  99811-0405                                                                                                          
POSITION STATEMENT:  Commented on SB 43                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-2, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
VICE-CHAIR GREEN called the Senate State Affairs Committee to order                                                             
at 3:32 p.m.  Present were Senators Phillips, Elton, and Vice-Chair                                                             
Green.  The first order of business to come before the committee                                                                
was SJR 4.                                                                                                                      
         SJR  4-NATIONAL BALLISTIC MISSILE DEFENSE SYSTEM                                                                       
                                                                                                                                
SENATOR TIM KELLY, sponsor of SJR 4, informed committee members                                                                 
that Secretary of Defense William Cohen announced that the United                                                               
States will proceed with the deployment of a national ballistic                                                                 
missile defense system and confirmed that Alaska and North Dakota                                                               
are under active consideration as potential sites.  SJR 4 states                                                                
the reasons why that system should be deployed in Alaska, primarily                                                             
because its strategic location makes it the only site in which all                                                              
50 states can be defended.  The North Dakota base cannot defend                                                                 
Alaska and Hawaii.  Alaskans have always supported a strong                                                                     
national defense system.  Brigadier General Willy Nance, Program                                                                
Manager for the National Ballistic Missile Defense Organization, is                                                             
making a special trip to Juneau on February 22 to brief the                                                                     
Legislature on the details of the program.  SENATOR KELLY urged                                                                 
bipartisan support of SJR 4 so that the resolution can be presented                                                             
to Brigadier General Nance upon his arrival.  He requested the                                                                  
committee amend SJR 4 to include Secretary of Defense William Cohen                                                             
as a recipient of the resolution.                                                                                               
                                                                                                                                
VICE-CHAIR GREEN noted that SJR 4 does not make any reference to                                                                
the fact that North Dakota's location does not have Alaska's                                                                    
strategic advantage.                                                                                                            
                                                                                                                                
SENATOR KELLY reiterated that the problem with a North Dakotan site                                                             
is that it cannot protect Alaska and Hawaii.  He added it is                                                                    
possible that missiles will be located in both Alaska and North                                                                 
Dakota.                                                                                                                         
                                                                                                                                
CHRIS NELSON, staff director for the Joint Committee on Military                                                                
Bases, gave the following testimony.  Five months ago North Korea                                                               
launched a multi-stage ballistic missile that landed in the North                                                               
Pacific.  The New York Times made the following comments in an                                                                  
editorial the next day.                                                                                                         
                                                                                                                                
     North Korea's test of a medium range missile, capable of                                                                   
     reaching targets in Japan and beyond, represents a                                                                         
     technological breakthrough.  Officials and arms experts said                                                               
     that the test suggested that North Korea had made real                                                                     
     progress in its efforts to build a longer range missile, the                                                               
     Tapo Dawn (ph) II, which is reportedly capable of traveling                                                                
     2400 to 3600 miles.  That would give North Korea the ability                                                               
     to strike targets throughout Asia and as far away as                                                                       
     Alaska....                                                                                                                 
                                                                                                                                
MR. NELSON stated military experts believe that North Korea intends                                                             
to put nuclear warheads on its intercontinental missiles or export                                                              
its missiles to someone who would.  North Korea's launch confirmed                                                              
the conclusion reached by a bipartisan commission headed by former                                                              
Defense Secretary Donald Rumsfelt: that the United States is now                                                                
vulnerable to ballistic missile attack and that our nation has no                                                               
means to defend itself.  He summarized by saying the rules of                                                                   
international relations and national defense changed when North                                                                 
Korean launched its missile.  Support for SJR 4 indicates Alaska's                                                              
traditional agreement and commitment to defending Alaska and fellow                                                             
Americans.                                                                                                                      
                                                                                                                                
SENATOR PHILLIPS moved to amend page 2, line 8, by adding "the                                                                  
Honorable William Cohen, Secretary of Defense," to the list.  There                                                             
being no objection, the motion carried.                                                                                         
                                                                                                                                
SENATOR MACKIE moved CSSJR 4(STA) out of committee with individual                                                              
recommendations.  There being no objection, the motion carried.                                                                 
VICE-CHAIR GREEN announced that SB 46 would not be heard during the                                                             
meeting.                                                                                                                        
           SB  43-APPROP: EARNINGS RESERVE TO PERM FUND                                                                         
                                                                                                                                
MARK HODGINS, staff to Senator Ward, sponsor of SB 43, explained SB
43 will transfer an amount, equal to the unappropriated balance of                                                              
the Earnings Reserve Account on June 30, 1999, into the principal                                                               
of the Permanent Fund.                                                                                                          
                                                                                                                                
Number 162                                                                                                                      
                                                                                                                                
JIM KELLY, Director of Communications for the Alaska Permanent Fund                                                             
Corporation (APFC), made the following comments.  SB 43 would                                                                   
appropriate the funds in the Earnings Reserve, less the dividend                                                                
and inflation proofing costs, into the principal of the Permanent                                                               
Fund.  SB 43 is similar to past legislation except that the                                                                     
Government Accounting Standards Board (GASB) has adopted Rule 31                                                                
which changes the accounting standards applied to the Permanent                                                                 
Fund.  The 6/30/98 annual balance sheet for the Permanent Fund was                                                              
calculated using GASB Rule 31.  That rule requires both unrealized                                                              
and realized gains be considered as income.  By including the                                                                   
unrealized gains, the total Earnings Reserve amount is probably                                                                 
higher than the amount the Legislature expects to appropriate.  MR.                                                             
KELLY explained in the past the balance sheet total did not include                                                             
unrealized earnings, but GASB Rule 31 requires the APFC to mark its                                                             
funds to market.                                                                                                                
                                                                                                                                
VICE-CHAIR GREEN asked what the difference was under the previous                                                               
accounting system.                                                                                                              
                                                                                                                                
MR. KELLY replied if one looked at the regular projection sheet,                                                                
the Earnings Reserve for the year ending June 30, 1999, will be                                                                 
about $2.7 billion.  The dividends, based on the statutory formula,                                                             
will reduce that amount by $989 million.  Inflation proofing,                                                                   
calculated at 1.54 percent, will reduce it further by $287 million,                                                             
leaving $695 million in current year income to add to the Earnings                                                              
Reserve balance.  The 1998 cash balance in the Earnings Reserve was                                                             
about $1.4 billion; the $695 million will increase the cash balance                                                             
to $2.084 billion.  In addition, the Earnings Reserve contains an                                                               
unrealized cash balance of $3.8 billion.  It is unclear whether SB
43 would appropriate $2.084 billion or $5.8 billion according to                                                                
GASB Rule 31.  The APFC has contracted with a legal firm to review                                                              
the GASB ruling and Alaska statutes to provide an opinion on what                                                               
"earnings reserves" means.                                                                                                      
                                                                                                                                
Number 222                                                                                                                      
                                                                                                                                
SENATOR PHILLIPS noted that his staff contacted Mr. Kelly's office                                                              
in early January and was told the projected amount for 6/30/99 was                                                              
$1.9 billion, after inflation proofing and dividend costs were                                                                  
deducted.  He questioned why the projection is now over $2 billion.                                                             
                                                                                                                                
MR. KELLY replied his office was probably basing the earlier                                                                    
projection on the September quarterly report; the latest projection                                                             
was based on the December quarterly report which wasn't available                                                               
in early January.                                                                                                               
                                                                                                                                
SENATOR MACKIE asked Mr. Kelly if he thought SB 43, as written,                                                                 
will appropriate the entire $5.8 billion.                                                                                       
                                                                                                                                
MR. KELLY said SB 43 could be interpreted to do so.                                                                             
                                                                                                                                
SENATOR MACKIE asked what the projection for the excess interest                                                                
earnings is this year.                                                                                                          
                                                                                                                                
Number 253                                                                                                                      
                                                                                                                                
MR. KELLY replied $695 million will be left after dividend and                                                                  
inflation proofing costs are deducted.                                                                                          
                                                                                                                                
SENATOR ELTON pointed out SB 43 does not mention inflation proofing                                                             
and asked if that omission will cause a problem.                                                                                
                                                                                                                                
MR. KELLY answered that the same dollars would be put into the                                                                  
Permanent Fund, but not specifically into the inflation proofing                                                                
segment.  The effect, in terms of dollars, would be the same, but                                                               
the explanation will be more complicated.                                                                                       
                                                                                                                                
SENATOR ELTON suggested that the sponsor be informed.                                                                           
                                                                                                                                
 Number 267                                                                                                                     
                                                                                                                                
ROSS KINNEY, Deputy Commissioner of the Department of Revenue, gave                                                             
the following testimony.  He echoed Mr. Kelly's statement that GASB                                                             
promulgates regulations, and in order to get a "clean" opinion from                                                             
the auditing firm that audits the Permanent Fund records, GASB                                                                  
guidelines must be adhered to.  GASB Rule 31 is unclear, for                                                                    
accounting purposes, about how the Permanent Fund income is                                                                     
recognized.  A firm decision needs to be made as to whether the                                                                 
unrealized gains and losses should actually be added to the corpus                                                              
of the fund.                                                                                                                    
                                                                                                                                
MR. KINNEY stated that during the last few weeks, a tremendous                                                                  
amount of discussion has occurred about Governor Knowles' long                                                                  
range fiscal plan.  The plan proposes that approximately $4 billion                                                             
be transferred from the Earnings Reserve to the Constitutional                                                                  
Budget Reserve (CBR).  If SB 43 is enacted as written, that                                                                     
transfer could not occur.  Additionally, the Legislature could not                                                              
appropriate funds from the Earnings Reserve for any other purpose                                                               
it desires.  Once that appropriation is made it cannot be touched                                                               
because the principal of the Permanent Fund is constitutionally                                                                 
protected.  The principal of the Permanent Fund can be increased in                                                             
three ways: through dedicated oil revenues; through the                                                                         
appropriation of Earnings Reserve or general funds; and through                                                                 
inflation proofing, which has occurred on an annual basis.                                                                      
                                                                                                                                
MR. KINNEY cautioned that one risk the Legislature could incur, if                                                              
it appropriates the full amount of the Earnings Reserve to the                                                                  
corpus of the Permanent Fund, is that Alaska could find itself in                                                               
a position where it cannot pay out the total dividend entitlement                                                               
if it is calculated using the traditional 5 year average and 10+                                                                
percent.  The state might only be able to pay a dividend amount                                                                 
based on 50 percent of the amount in the Earnings Reserve.  That                                                                
situation could occur if a major market correction took place along                                                             
with high inflation.  The state has never come up against the                                                                   
Earnings Reserve limitation for dividend calculations, but it is                                                                
not out of the question.  Also, the Earnings Reserve limitation                                                                 
comes into play in years 2, 3, and 4, in the Governor's long range                                                              
plan.  At this point in time, the Administration does not support                                                               
SB 43, pending a thorough review of the Governor's long range plan.                                                             
                                                                                                                                
VICE-CHAIR GREEN asked for clarification of the GASB changes.                                                                   
                                                                                                                                
MR. KINNEY said the change was to a definition.  Alaska statutory                                                               
language related to the Permanent Fund defines income as interest,                                                              
dividends, and realized gains.  Up until 1997, GASB accepted that                                                               
definition.  However, as the result of the Orange County situation                                                              
and other factors, the term "mark to market" has come into play.                                                                
That term means that all financial statements require that the                                                                  
value of assets held have current market values placed upon them                                                                
based on current market conditions.  That changes the definition of                                                             
income to interest, dividends, realized gains, and unrealized gains                                                             
and losses.  That definition results in an income increase of $4                                                                
billion in the Earnings Reserve as compared to the statutory                                                                    
definition, which does not include unrealized gains.  The statutory                                                             
definition is used to calculate the dividend because APFC does not                                                              
want to pay a dividend based on unrealized gains.                                                                               
                                                                                                                                
VICE-CHAIR GREEN asked for an example of an unrealized gain.                                                                    
                                                                                                                                
MR. KINNEY explained that if a person bought Microsoft stock at $50                                                             
per share and that stock increased to $100 per share, the                                                                       
unrealized gain would amount to the $50 increase.  If the stock was                                                             
sold for $100 per share, you would realize a $50 gain.  For                                                                     
dividend calculations, that $50 gain is only recognized when the                                                                
stock is sold.  Under GASB's definition, the $50 unrealized paper                                                               
gain must be recognized as income even though the stock has not                                                                 
been sold.  He noted all income from the Permanent Fund goes into                                                               
the Earnings Reserve.  Mr. Kelly's financial statements now show a                                                              
fourth income component: unrealized gains and losses.  That is                                                                  
where the question comes into play.  APFC does not know what the                                                                
interpretation for the Earnings Reserve amount under SB 43 would                                                                
be.                                                                                                                             
                                                                                                                                
VICE-CHAIR GREEN asked if the bill could be crafted to exclude                                                                  
unrealized gains.                                                                                                               
                                                                                                                                
MR. KINNEY replied that is the question the APFC has posed to its                                                               
legal counsel.                                                                                                                  
                                                                                                                                
SENATOR MACKIE maintained an amendment could be offered during the                                                              
budget process to appropriate a specific amount of dollars to the                                                               
corpus.                                                                                                                         
                                                                                                                                
MR. KINNEY stated there is no difference as to whether the money is                                                             
in the Permanent Fund corpus or in the Earnings Reserve from a                                                                  
dividend calculation standpoint.  The only difference is that the                                                               
corpus of the Permanent Fund is not inflation proofed for the                                                                   
amount that sits in the Earnings Reserve but it is still added                                                                  
together when looking at the total assets of the Permanent Fund.                                                                
                                                                                                                                
SENATOR PHILLIPS asked how the $2 billion in the excess earnings                                                                
reserve is being invested.                                                                                                      
                                                                                                                                
MR. KELLY replied for investment purposes, all of the money is co-                                                              
mingled; he could not determine which investments were from the                                                                 
principal and which were from the Earnings Reserve.                                                                             
                                                                                                                                
SENATOR MACKIE asked if it is earning at the same rate as the                                                                   
Permanent Fund.                                                                                                                 
                                                                                                                                
MR. KELLY said that it is.                                                                                                      
                                                                                                                                
SENATOR PHILLIPS asked if the CBR is being invested using the same                                                              
principles as the Permanent Fund.                                                                                               
                                                                                                                                
MR. KELLY replied this year the Permanent Fund is earning about an                                                              
8.83 percent total rate of return, a little higher than the CBR.                                                                
                                                                                                                                
VICE-CHAIR announced SB 43 would be held in committee for                                                                       
consideration at a later date.                                                                                                  
             SB  36-YEAR 2000 COMPLIANCE REQUIREMENT                                                                            
                                                                                                                                
VICE-CHAIR GREEN noted SB 36 was heard in committee during the                                                                  
previous week, but was held in order to get an opinion on a                                                                     
question posed by a committee member.                                                                                           
                                                                                                                                
MR. HODGINS explained SB 36 will require any new State of Alaska                                                                
government computer hardware or software purchases to be Y2K                                                                    
compatible.  He noted Senator Elton questioned whether the language                                                             
on page 1, line 11, could be interpreted to mean that a contractor,                                                             
who was hired to produce a brochure or publication, would have to                                                               
certify that he/she was Y2K compatible if his/her publisher was                                                                 
not.  According to the Division of Legal Services, if the state was                                                             
to become the owner of the software then it would have to be Y2K                                                                
compatible under SB 43, but if the product to be delivered was the                                                              
brochure, it would not.                                                                                                         
                                                                                                                                
SENATOR ELTON clarified that he was concerned that some                                                                         
professional service contracts require that the product be a disk                                                               
that contains an advertisement to be published in a newspaper.  He                                                              
questioned whether the contractor would have to prove his/her                                                                   
equipment was Y2K compatible.  The Division of Legal Services                                                                   
determined that the deliverable product is the published                                                                        
advertisement, therefore the contractor does not have to use Y2K                                                                
compatible equipment.  He stated he no longer had any concerns with                                                             
that language in the bill.                                                                                                      
                                                                                                                                
Number 418                                                                                                                      
                                                                                                                                
There being no further questions or testimony, SENATOR MACKIE moved                                                             
SB 36 out of committee with individual recommendations.  There                                                                  
being no objection, the motion carried.                                                                                         
There being no further business to come before the committee, VICE-                                                             
CHAIR GREEN adjourned the meeting at 4:01 p.m.                                                                                  

Document Name Date/Time Subjects