Legislature(2013 - 2014)BARNES 124

04/05/2013 03:15 PM House LABOR & COMMERCE


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03:20:31 PM Start
03:21:13 PM Confirmation Hearings|| Regulatory Commission of Alaska|| Board of Marine Pilots|| Board of Pharmacy|| Alaska Workers' Compensation Board
03:35:37 PM HB32
03:46:35 PM HB150
04:08:27 PM SB52
04:21:03 PM HB121
04:36:18 PM HB152
05:00:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
- Board of Marine Pilots
- Board of Pharmacy
- Alaska Workers' Compensation Board
- Regulatory Commission of Alaska
<Above Item Rescheduled from 3/29/13>
+= HB 32 LINES OF BUSINESS ON BUSINESS LICENSE TELECONFERENCED
Moved CSHB 32(L&C) Out of Committee
*+ HB 150 TECHNICAL/VOCATIONAL EDUCATION PROGRAM TELECONFERENCED
Moved CSHB 150(L&C) Out of Committee
+ SB 52 PORTABLE ELECTRONICS INSURANCE TELECONFERENCED
Moved HCS CSSB 52(L&C) Out of Committee
*+ HB 169 RCA REGULATION OF TELEPHONE DIRECTORIES TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 121 COMMERCIAL FISHING & AGRICULTURE BANK TELECONFERENCED
Moved Out of Committee
*+ HB 152 PERS TERMINATION COSTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 121-COMMERCIAL FISHING & AGRICULTURE BANK                                                                      
                                                                                                                                
4:21:03 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  REINBOLD announced  that the  next order  of business                                                               
would  be   HOUSE  BILL  NO.   121,  "An  Act  relating   to  the                                                               
examinations, board,  loans, records,  and lobbying  contracts of                                                               
the  Alaska   Commercial  Fishing   and  Agriculture   Bank;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
4:21:08 PM                                                                                                                    
                                                                                                                                
MICHAEL PASCHALL, Staff, Representative  Eric Feige, Alaska State                                                               
Legislature,  speaking  on  behalf  of the  sponsor  of  HB  121,                                                               
Representative  Feige,  stated  that   HB  121  pertains  to  the                                                               
Commercial  Fishing   and  Agriculture  Bank  (CFAB),   which  he                                                               
characterized as  a great  success.  The  program was  started 21                                                               
years  ago with  an initial  investment of  $32 million  from the                                                               
state, with the provision that  the state would be reimbursed for                                                               
the money put  into the bank.  The statutes  initially created by                                                               
the enabling  legislation made  the CFAB  independent of  all the                                                               
other banking rules.   Thus a specific set  of statutes regulates                                                               
one bank,  which is a  private bank, operating as  a cooperative;                                                               
however,  the CFAB  does not  fall under  existing banking  laws.                                                               
The CFAB's board  desires to change the operation  slightly so it                                                               
can better serve its members and customers, he related.                                                                         
                                                                                                                                
4:22:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  said she  has a potential  conflict since                                                               
one of her family members is a fisherman.                                                                                       
                                                                                                                                
REPRESENTATIVE SADDLER objected.                                                                                                
                                                                                                                                
4:22:56 PM                                                                                                                    
                                                                                                                                
MR.  PASCHALL offered  to  provide a  sectional  analysis of  the                                                               
bill.   Section 1 would adjust  the lending power of  the bank by                                                               
eliminating the  borrowing limits on  certain types of  loans. It                                                               
also would remove the residency  requirement for certain types of                                                               
capital  loans if  the facility  is located  within the  state as                                                               
well  as  expand  the  types  of  loans  that  may  be  given  to                                                               
nonmembers.    Section 1  would  also  make loans  available  for                                                               
certain tourism  operations and for  operations dedicated  to the                                                               
development  or exploitation  of  natural resources.   Section  2                                                               
would  add  commercial  agriculture   to  the  current  provision                                                               
thereby allowing loans to nonmembers  for commercial fisheries in                                                               
certain areas.   Section 3 would change the  dollar limitation on                                                               
loans to  nonmembers from  $25,000 to $50,000.   Section  4 would                                                               
increase the debt to capital ratio  from 8 percent to 25 percent.                                                               
Section 5 is conforming language  pertaining to bank examinations                                                               
added in  Section 7,  and it also  would correct  a typographical                                                               
error  in  statue.   Section  6  would  allow  the bank  to  make                                                               
available  a list  of those  eligible to  serve on  the board  of                                                               
directors  of  the  loan  to  those  members  eligible  to  vote.                                                               
Section  7  would  provide  that   the  Department  of  Commerce,                                                               
Community, and Economic Development  (DCCED) shall audit the bank                                                               
at least  once every 36 months,  which is a standard  practice in                                                               
the  industry.   Section 8  would repeal  AS 44.81.020(f),  which                                                               
sets  director   compensation,  and  AS   44.99.030(a)(2),  which                                                               
prohibits lobbying by the bank.   Section 9 would delay the audit                                                               
established  in Section  7  until one  year  after the  effective                                                               
date.     Finally,  Section  10  would   establish  an  immediate                                                               
effective date.                                                                                                                 
                                                                                                                                
4:25:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON,  referring to pages  3 and 4,  he asked                                                               
whether the CFAB has $35 million in assets.                                                                                     
                                                                                                                                
MR. PASCHALL deferred  to the bank to answer.   He said there was                                                               
an initial  investment by  the state, which  was $32  million and                                                               
was repaid to the state by  the bank through its earnings through                                                               
the repurchase of stock in the bank.                                                                                            
                                                                                                                                
4:26:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  how  stiff  the competition  for                                                               
available funds is today, without HB 121.                                                                                       
                                                                                                                                
LELA  KLINGERT,  President/CEO,  Alaska  Commercial  Fishing  and                                                               
Agriculture Bank (CFAB), answered that  she was unsure whether he                                                               
was referring to competition in the industry for loans.                                                                         
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether the CFAB  issues a finite                                                               
amount of loans.                                                                                                                
                                                                                                                                
MS. KLINGERT  related that the  $35 million  previously mentioned                                                               
equals the  total loan  volume or  the amount  of loans  that are                                                               
outstanding.  She explained that  CFAB borrows from CoBank, which                                                               
is  a national  cooperative bank  headquartered in  Denver.   For                                                               
every loan CFAB  makes, CoBank will advance funds.   For example,                                                               
for every  $100 in loans  that CFAB issues, CoBank  would advance                                                               
$80, and the remainder would come from CFAB's capital.                                                                          
                                                                                                                                
4:28:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked how much  capital CFAB has that is                                                               
not outstanding.                                                                                                                
                                                                                                                                
MS. KLINGERT answered approximately $20 million.                                                                                
                                                                                                                                
4:28:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked how  much competition  exists for                                                               
the $20 million  in CFAB loans and  whether sufficient applicants                                                               
for the loans are simply not available.                                                                                         
                                                                                                                                
MS. KLINGERT answered  that the entire amount of  the $35 million                                                               
has been lent,  which represents CFAB's $20 million  plus the $15                                                               
million from  CoBank.  She  explained that through  that process,                                                               
CFAB  could lend  another  $70 million  using  CFAB's capital  as                                                               
leverage.    She  was  unsure  of  the  specific  competition  in                                                               
question and whether  he was referring to  competition with other                                                               
banks.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  JOSEPHSON offered  that  he is  curious why  CFAB                                                               
would extend  loans to corporations  and individuals who  are not                                                               
Alaskans.   If there  is not  much interest  in loans  in Alaska,                                                               
that would answer his question, he said.                                                                                        
                                                                                                                                
MS. KLINGERT  replied that the  demand is not in  extending loans                                                               
to nonresidents.   First, that portion of CFAB  loans is limited.                                                               
In fact,  loans would not be  opened to all nonresidents  for any                                                               
reason  since  loans  would  be  limited only  to  those  with  a                                                               
facility  located in  Alaska, such  as a  fishing lodge  or if  a                                                               
party wanted to acquire the  lodge structure.  She explained that                                                               
CFAB's  typical borrower  may be  one that  is not  attractive to                                                               
commercial  banks,   and  thus  CFAB  would   create  alternative                                                               
financing.                                                                                                                      
                                                                                                                                
4:30:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHENAULT  answered that CFAB  loans may not  be as                                                               
attractive as  ones from  regular commercial  lenders.   He asked                                                               
whether CFAB  lends at a higher  rate than a normal  lender or if                                                               
CFAB has options on setting interest rates on loans.                                                                            
                                                                                                                                
MS. KLINGERT answered that the  interest rates other banks charge                                                               
varies.    She  offered  her   belief  that  from  a  competitive                                                               
standpoint, if  CFAB contemplated a  loan that a  commercial bank                                                               
wanted to make,  the commercial bank would likely be  in a better                                                               
position to offer a lower rate than CFAB.                                                                                       
                                                                                                                                
REPRESENTATIVE CHENAULT  surmised that  is CFAB's  opportunity to                                                               
take  into consideration  the applicant's  credit worthiness  and                                                               
ability to repay the loan.                                                                                                      
                                                                                                                                
MS. KLINGERT stated her agreement.                                                                                              
                                                                                                                                
4:31:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  whether CFAB  has made  loans to                                                               
smaller   businesses,  fishing   enterprises   such  as   Trident                                                               
Seafoods, large mining companies, or larger corporations.                                                                       
                                                                                                                                
MS. KLINGERT answered  that CFAB is typically not a  place that a                                                               
large operation  such as Trident  Seafoods or a large  mine would                                                               
seek  financing, but  in theory  CFAB  could issue  that type  of                                                               
loan.   However,  CFAB's  size limits  its  dealings with  larger                                                               
companies, which would  tend to concentrate the risk  in one type                                                               
of loan and not be wise.                                                                                                        
                                                                                                                                
VICE CHAIR REINBOLD,  after first determining no  one else wished                                                               
to testify, closed public testimony on HB 121.                                                                                  
                                                                                                                                
4:33:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHENAULT moved  to report HB 121  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
note.   There being no  objection, HB  121 was reported  from the                                                               
House Labor and Commerce Standing Committee.                                                                                    

Document Name Date/Time Subjects
HB121 ver A.pdf HL&C 4/5/2013 3:15:00 PM
HB 121
HB121 Sponsor Statement.pdf HL&C 4/5/2013 3:15:00 PM
HB 121
HB121 Sectional Analysis.pdf HL&C 4/5/2013 3:15:00 PM
HB 121
HB121 Fiscal Note-DCCED-DBS-03-29-13.pdf HL&C 4/5/2013 3:15:00 PM
HB 121
HB121 Supporting Documents-Statutes CFAB AS 44.pdf HL&C 4/5/2013 3:15:00 PM
HB 121
SB52 ver C.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Sponsor Statement.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Sectional Analysis.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Fiscal Note-DCCED-DOI 03-19-13.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Draft Proposed CS ver O(L&C) .PDF HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Supporting Documents Article Colorado Springs Gazette 4-6-2012.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Supporting Documents Article Ezine Articles.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Supporting Documents Article The Street Personal Finance 2-13-2013.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Supporting Documents Legislation Summary.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Supporting Documents Letter ATT 2-22-2013.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
SB52 Supporting Documents States_with_Similar_Legislation.pdf HL&C 4/5/2013 3:15:00 PM
SB 52
HB150 ver U.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Sponsor Statement.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Fiscal Note-DOLWD-CO-3-29-13.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Fiscal Note-EED-TLS-4-2-13.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Fiscal Note-UA-SYSBRA-4-02-13.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Draft Proposed CS ver N.PDF HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Supporting Documents-Alaska Training Program Performance 2012.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Supporting Documents-Assorted Letters.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Supporting Documents-Distribution History.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Supporting Documents-Distribution History-CORRECTED 4-3-13.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Supporting Documents-DOLWD TVEP Helped Fund.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Supporting Documents-Fund Source Report.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB150 Supporting Documents-Unemployment Rates.pdf HL&C 4/5/2013 3:15:00 PM
HB 150
HB152 Fiscal Note-DOA-DRB-4-03-13.pdf HL&C 4/5/2013 3:15:00 PM
HL&C 3/10/2014 3:15:00 PM
HB 152
HB152 Ver C.pdf HL&C 4/5/2013 3:15:00 PM
HL&C 3/10/2014 3:15:00 PM
HB 152
HB152 Sponsor Statement ver. C.pdf HL&C 4/5/2013 3:15:00 PM
HL&C 3/10/2014 3:15:00 PM
HB 152
HB152 Sectional Analysis.pdf HL&C 4/5/2013 3:15:00 PM
HL&C 3/10/2014 3:15:00 PM
HB 152
HB152 Supporting Documents-PERS Employer Salaries FY08 vs. FY12.pdf HL&C 4/5/2013 3:15:00 PM
HL&C 3/10/2014 3:15:00 PM
HB 152