Legislature(1999 - 2000)

04/28/2000 09:10 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
     HOUSE BILL NO. 281                                                                                                         
     "An  Act   providing  for   the  issuance   of  general                                                                    
     obligation bonds in the amount  of $665,000,000 for the                                                                    
     purposes of  paying the  cost of  design, construction,                                                                    
     and  renovation  of  public  elementary  and  secondary                                                                    
     schools,   renovation  of   state  buildings,   capital                                                                    
     improvements at  the University of Alaska,  and capital                                                                    
     improvements  to state  harbors; and  providing for  an                                                                    
     effective date."                                                                                                           
                                                                                                                                
     HOUSE BILL NO. 287                                                                                                         
     "An Act making and amending capital appropriations and                                                                     
     reappropriations and capitalizing funds; and providing                                                                     
     for an effective date."                                                                                                    
                                                                                                                                
Co-Chair  Torgerson   commented  that  separating   the  two                                                                    
proposed bills  would be difficult  given the  continuity of                                                                    
the  subject  matter.   He  noted  that testimony  would  be                                                                    
received on  both bills at  the same time,  reiterating that                                                                    
the  issues  were  closely   related.    Co-Chair  Torgerson                                                                    
pointed  out that  legal opinions  received from  two former                                                                    
Attorney Generals,  Avrum Gross and Charlie  Cole, regarding                                                                    
the use of  monies generated from the sale  of tobacco, have                                                                    
indicated that  would not be  in violation of  the dedicated                                                                    
fund.                                                                                                                           
                                                                                                                                
REPRESENTATIVE ELDON MULDER agreed  that the two issues were                                                                    
inter-related.  He  noted that HB 281  was the authorization                                                                    
for the  project and  that HB  287 was  the request  for the                                                                    
actual  appropriation.    HB 281  proposes  a  structure  be                                                                    
created to  administer the tobacco securitization  acting as                                                                    
an insurance policy.                                                                                                            
                                                                                                                                
Representative   Mulder   pointed   out  that   the   Master                                                                    
Settlement  Agreement  (MSA)  with Phillip  Morris  and  the                                                                    
other  tobacco  companies  was   driven  by  consumption  of                                                                    
tobacco.  He used an  example of three plaintiffs in Florida                                                                    
who  were awarded  $5.9 million  dollars for  actual damages                                                                    
not  including the  punitive repercussions.   Representative                                                                    
Mulder  stated that  those types  of cases  could force  the                                                                    
price of  tobacco to  rise and  consumption to  decline over                                                                    
time.    He  believed  that  the  trends  could  affect  the                                                                    
settlement agreements.  For the  State of Alaska, that would                                                                    
mean declining return on the Master Settlement Agreement.                                                                       
                                                                                                                                
Securitization  is based  on  selling an  asset  to a  third                                                                    
party,  in  this  case Alaska  Housing  Finance  Corporation                                                                    
(AHFC) and  then in  exchange, receive  a present  day value                                                                    
for that asset.  In turn,  bonds would be sold in the market                                                                    
place  based on  revenue projections  related to  the Master                                                                    
Settlement  Agreement.     The  Bond  Council   advised  the                                                                    
Legislature that  there are a relatively  "finite" number of                                                                    
bonds, which  can be sold  in that  fashion.  They  could be                                                                    
volatile.    Currently,  there exists  $14  million  dollars                                                                    
worth of bonds in the market place.                                                                                             
                                                                                                                                
Representative  Mulder asserted  that  the  State of  Alaska                                                                    
would  be available  to experience  all of  the upside  from                                                                    
such  a bond  sale.   He affirmed  that the  bonds would  be                                                                    
discounted  and  were projected  to  be  paid off  within  a                                                                    
thirty-year  period.   Co-Chair  Mulder  added  that if  the                                                                    
resulting revenue  stream remains constant, the  bonds would                                                                    
be paid  off in a  shorter period, possibly twenty  years or                                                                    
less. If that happens, Alaska would receive revenue back.                                                                       
                                                                                                                                
Co-Chair   Mulder  informed   members   that  the   proposed                                                                    
mechanism would  be an insurance  policy to assure  that the                                                                    
revenue  stream  is maintained  as  outlined  in the  Master                                                                    
Settlement  Agreement.    He cited  that  bondholders  would                                                                    
assume risk for a reduced revenue stream.                                                                                       
                                                                                                                                
Co-Chair Mulder  referenced a list of  proposals from around                                                                    
the State  as outlined in  HB 281, including  the University                                                                    
of  Alaska-Southeast campus,  Pedro  Bay  School and  Norvic                                                                    
High  School.   He  clarified that  there are  approximately                                                                    
$185  million dollars  worth of  major maintenance  projects                                                                    
related to  schools around the  State and  new construction,                                                                    
$80  million for  University upgrades  and new  construction                                                                    
projects, and  approximately $36 million dollars  related to                                                                    
ports  and  harbors,  for  a   total  package  $350  million                                                                    
dollars.                                                                                                                        
                                                                                                                                
Co-Chair Parnell  addressed the probable criticism  that the                                                                    
Legislature's  approach could  expect to  receive in  taking                                                                    
the  tobacco  settlement  revenue stream  used  through  the                                                                    
State's general  fund, pulling those funds  from the State's                                                                    
use.   He  requested that  Representative Mulder  respond to                                                                    
that assessment.                                                                                                                
                                                                                                                                
Representative  Mulder  agreed  that the  Smoking  Cessation                                                                    
Program has  been a  controversial subject.   He  noted that                                                                    
following the  Master Settlement Agreement (MSA),  the State                                                                    
did  include $1.4  million for  tobacco cessation  programs.                                                                    
He noted that as long as  the MSA funds have been generated,                                                                    
the State has  established benchmarks for that  program.  He                                                                    
referenced  language  in HB  281,  Page  3, which  indicates                                                                    
segregating $1.4 million dollars  of the revenue stream from                                                                    
the funds  for deposit into  the general fund  earmarked for                                                                    
cessation programs.                                                                                                             
                                                                                                                                
Co-Chair Parnell stated that he  was more concerned with the                                                                    
$22 million dollar hole in  general fund revenue which would                                                                    
traditionally  be  applied  to   Medicaid  for  the  tobacco                                                                    
cessation programs.   He advised that  the Legislature would                                                                    
be selling  the right to  that asset  and then moving  it to                                                                    
AHFC.                                                                                                                           
                                                                                                                                
Representative Mulder  countered that the bonding  system is                                                                    
based on  revenue in  and payments  out. If  the Legislature                                                                    
chooses  this  approach,  the  Master  Settlement  Agreement                                                                    
monies  would continue  to be  paid to  the State  while the                                                                    
bonds  were  being paid  off,  thus,  providing present  day                                                                    
cash.   Using a  General Obligation (GO)  bonding mechanism,                                                                    
it would go  into the general fund and the  State would then                                                                    
pay  for  those  Medicaid  programs.    Using  that  bonding                                                                    
method,  the current  revenue stream  would be  received and                                                                    
then making the same payment out.                                                                                               
                                                                                                                                
Co-Chair  Parnell pointed  out  that it  would  be the  same                                                                    
general fund money.                                                                                                             
                                                                                                                                
Senator Wilken  pointed out that  to date, no state  had yet                                                                    
undertaken bonding.   He  referred to  Page 8,  the "Tobacco                                                                    
Settlement Payment Securitization, March  2000,."   [Copy on                                                                    
File].                                                                                                                          
                                                                                                                                
Senator Wilken  added figures from various  lines indicating                                                                    
the  revenue stream  for a  total amount  of $762.5  million                                                                    
dollars.    He  then  referred  to Page  13,  the  Net  Bond                                                                    
Proceeds column  for a  total of $268  million dollars.   He                                                                    
inquired  if   that  indicated  that  the   State  would  be                                                                    
surrendering  their  rights  to  a revenue  stream  of  $762                                                                    
million.                                                                                                                        
                                                                                                                                
DANIEL   FAUSKE,  (Testified   via  Teleconference),   Chief                                                                    
Executive   Officer/Executive   Director,   Alaska   Housing                                                                    
Finance   Corporation   (AHFC),   Department   of   Revenue,                                                                    
Anchorage,  explained  that  the  discount  rates  used  are                                                                    
located in the middle of Page  13, 6.29%, 6.88% and that 5.4                                                                    
and 5.8 were factored into the spread and out to 2008.                                                                          
                                                                                                                                
Senator Wilken referenced  Table 13, and asked  if the State                                                                    
would  normally pay  5.236% interest  for  the capital  bond                                                                    
projects.   He stated  that in the  proposed case,  the cost                                                                    
would be  6.299%.  Essentially,  the State will be  paying a                                                                    
1% premium of the cost  of the capital given the uncertainty                                                                    
of the  revenue stream.  He questioned if  that was  a valid                                                                    
assessment.                                                                                                                     
                                                                                                                                
Mr.  Fauske responded  that was  only partially  correct, as                                                                    
that scenario allows for a  shorter maturity on the one side                                                                    
having the interest  rate difference of 5.6%  versus a 12.7%                                                                    
average life on  the bonds.  He referred to  the second line                                                                    
of  the "Sample  Bond  Issue," chart,  which identifies  the                                                                    
more specific Planned Principal  Average Life. He noted that                                                                    
there  would be  a discount  to allow  for additional  costs                                                                    
given the  nature of  the revenue  streams related  to these                                                                    
bonds.                                                                                                                          
                                                                                                                                
Senator Wilken  questioned what the actual  premium would be                                                                    
on the  payment for the  uncertainty of the  tobacco revenue                                                                    
stream to the bondholder.                                                                                                       
                                                                                                                                
Mr.  Fauske  replied  it would  be  approximately  40  basis                                                                    
points in the current market.                                                                                                   
                                                                                                                                
Senator Wilken translated  that to ½ percent,  plus or minus                                                                    
10 points.                                                                                                                      
                                                                                                                                
Mr. Fauske replied that was a fair assessment.                                                                                  
                                                                                                                                
Senator  Wilken asked  the probability  of  the $15  billion                                                                    
dollars being "eaten up".                                                                                                       
                                                                                                                                
Representative Mulder replied that  there had been testimony                                                                    
from  Solomon,  Smith,  and  Barney  regarding  that  issue.                                                                    
Under their testimony, advice was provided.                                                                                     
                                                                                                                                
DALE ANDERSON,  Staff, Representative Eldon  Mulder, pointed                                                                    
out   that   within   member's    packets   some   of   that                                                                    
correspondence had been included.                                                                                               
                                                                                                                                
Senator Wilken  asked if  there were  other comments  on the                                                                    
possibility  of the  pool  "drying up"  without  a "rush  to                                                                    
judgement".                                                                                                                     
                                                                                                                                
STEVE  CANTOR,  (Testified  via  Teleconference),  Financial                                                                    
Advisor,   Alaska   Housing  Finance   Corporation   (AHFC),                                                                    
Department of  Revenue, Anchorage,  responded that  would be                                                                    
an issue  in moving forward in  the "tobacco world".   It is                                                                    
difficult  to predict  an  outcome.   Most  of the  industry                                                                    
experts believe that  the tobacco companies will  be able to                                                                    
honor their  obligations regardless  of what  happens during                                                                    
litigation.                                                                                                                     
                                                                                                                                
Senator Wilken  asked if Mr. Cantor  had a sense if  the $15                                                                    
billion  dollars  could  possibly  dry up  within  the  next                                                                    
twelve months.                                                                                                                  
                                                                                                                                
Mr.  Cantor replied  that  those  were different  securities                                                                    
than what  the State or AHFC  is accustomed to selling.   It                                                                    
would be a different security  and transaction.  He stressed                                                                    
that  there  is  a  limited marketplace  for  that  type  of                                                                    
security.    It is  difficult  to  predict the  marketplace,                                                                    
however,  he noted  that there  was an  advantage to  moving                                                                    
quickly and taking advantage of the current market.                                                                             
                                                                                                                                
Senator Wilken  asked about the corporate  structure and how                                                                    
the  tobacco  companies  would  establish  subsidiaries  and                                                                    
relinquish their obligation to the MSA.                                                                                         
                                                                                                                                
Mr. Cantor stated that most  tobacco companies would be able                                                                    
to  handle  their obligation.    The  manner, in  which  the                                                                    
transaction is  structured, the revenues to  all the parties                                                                    
to the  agreement are  on the basis  of how  many cigarettes                                                                    
are shipped  domestically across  the country.   As  long as                                                                    
the  companies are  still producing,  they  will be  liable.                                                                    
There  are various  designations  of how  much each  company                                                                    
will pay.  Bond Council  has issued extensive opinions as to                                                                    
what  happens when  anyone of  those manufacturers  declares                                                                    
bankruptcy.   By and large,  most analysts have  agreed that                                                                    
the where-with-all exists  to pay the agreement,  and in the                                                                    
condition  of  bankruptcy,  the agreement  remains  a  vital                                                                    
obligation.                                                                                                                     
                                                                                                                                
Senator   Wilken  voiced   concern   with  the   charts-base                                                                    
payments.   He  suggested that  given the  structure of  the                                                                    
MSA, the cost of the flat line could be inflated.                                                                               
                                                                                                                                
Representative Mulder  referenced the  document -  "Types of                                                                    
Debt Instruments" which outlines the  true cost of doing the                                                                    
issuance of the programs.                                                                                                       
                                                                                                                                
DEVEN   MITCHELL,  (Testified   via  Teleconference),   Debt                                                                    
Manager, Treasury  Division, Department of  Revenue, Seward,                                                                    
explained  that  the   contemplated  structure  required  to                                                                    
achieve  the target  issuance amount  which  would net  $269                                                                    
million dollars  is called  "turbo".  The  way, in  which it                                                                    
works,  the  nominal debt  service  schedule,  would have  a                                                                    
minimum annual amount, required by  the bond and would reach                                                                    
out  forty years.   That  will provide  a projected  revenue                                                                    
stream  which  would  be  obligated   to  extend  the  funds                                                                    
received  over   the  nominal  debt   service  up   to  that                                                                    
particular project  line, and then applying  that sum toward                                                                    
debt  retainment.    That number  would  provide  additional                                                                    
security to the  bondholders, as they would  be more assured                                                                    
of being  repaid.   The proposed  mechanism would  allow the                                                                    
interest rate to decrease somewhat.                                                                                             
                                                                                                                                
Representative Mulder  advised that graph was  not accurate.                                                                    
The graph indicates base payments  in paying back the bonds,                                                                    
while the full structure  anticipates receiving the revenues                                                                    
and applying  them against the  base payments.   He believed                                                                    
that  would  provide  an advantage  in  receiving  the  full                                                                    
amount of  money, however, the  issuance would not  be based                                                                    
off that participation.                                                                                                         
                                                                                                                                
Co-Chair Torgerson  asked Mr.  Mitchell if  he had  seen the                                                                    
graph provided by J.P. Morgan.                                                                                                  
                                                                                                                                
Mr. Mitchell stated he had not.   He noted that depending on                                                                    
to whom  one spoke,  the response  would vary  regarding the                                                                    
revenue stream.  There are  perimeters within which it lies.                                                                    
How elastic  the smoking  demand will be  is not  yet known.                                                                    
The  base-line   structure  bond  issuance  could   be  more                                                                    
comparable to  the deals which  have already come  to market                                                                    
with the City of New York.   The Department had checked that                                                                    
structure early on in the  process and decided that it would                                                                    
provide  less  security  to  investors  and  that  it  would                                                                    
ultimately yield a  lower issuance amount.   That option was                                                                    
discarded.                                                                                                                      
                                                                                                                                
Mr. Fauske advised that Mr. Mitchell  look at Page 13 of the                                                                    
handout.     He  pointed  out   that  under   the  strategic                                                                    
contributions, the capital appreciation bond was listed.                                                                        
                                                                                                                                
Mr.  Mitchell  interjected  what   the  bond  structure  had                                                                    
captured.    He  pointed  out  the  present  value  of  that                                                                    
increase  was included  in  the $269  million  dollars.   He                                                                    
added that those  were bonds in which interest  was paid, so                                                                    
that at  maturity, both the  principal and  accrued interest                                                                    
would be  paid off.   He noted  that was the  structure used                                                                    
from the income stream ranging from 2008 - 2017.                                                                                
                                                                                                                                
Senator Wilken explained that he  wanted to fully grasp what                                                                    
was  being proposed.   He  understood that  there are  three                                                                    
costs which need considering at this time.                                                                                      
                                                                                                                                
     ·         The first would be the future costs of the                                                                       
               general fund hole which would need filling                                                                       
               during future legislatures.                                                                                      
     ·         The second cost would be that the State                                                                          
               would need to pay a premium for the revenue                                                                      
              flow, established at ½ percent.                                                                                   
     ·         The third cost would be giving up the right                                                                      
               to an increased revenue flow.                                                                                    
                                                                                                                                
Senator Leman asked how the right  would be given up for the                                                                    
increased revenue flow.                                                                                                         
                                                                                                                                
Representative Mulder countered that  the State would not be                                                                  
giving  up  the opportunity  to  get  the increased  revenue                                                                    
stream.  If the revenue  stream remains the way it currently                                                                    
is with the  MSA, it will become a  fully applied structure.                                                                    
It is  anticipated that  the bonds  will be  paid off  in an                                                                    
expedited fashion.   He reminded members  that all projected                                                                    
costs are  assuming that  the State  of Alaska  will receive                                                                    
the  projected  revenue  stream.   If  the  State  does  not                                                                    
receive that  amount, it will then  be based on a  flat fee.                                                                    
He  advised  that  was  the reason  it  was  a  conservative                                                                    
issuance.                                                                                                                       
                                                                                                                                
Senator Leman asked if it could become a future obligation.                                                                     
                                                                                                                                
Representative Mulder stated that it would not.                                                                                 
                                                                                                                                
Senator  Leman  inquired  the  differences  in  the  numbers                                                                    
originally submitted by the Senate.                                                                                             
                                                                                                                                
Representative  Mulder emphasized  that  it  will cost  more                                                                    
than  anticipated.    The  current   list  includes  a  more                                                                    
accurate reflection of anticipated costs.                                                                                       
                                                                                                                                
Senator  P. Kelly  asked the  benefit  to the  State if  the                                                                    
bonds were paid off early.                                                                                                      
                                                                                                                                
Representative Mulder  replied that the State  would get the                                                                    
MSA funds back.                                                                                                                 
                                                                                                                                
Senator  Wilken questioned  the spread  which amounts  to an                                                                    
additional payment.   He noted  that if they were  paid back                                                                    
by the projected  date of 2018, the revenue  stream shown on                                                                    
Page 8 would come back to the State of Alaska.                                                                                  
                                                                                                                                
Representative Mulder agreed.                                                                                                   
                                                                                                                                
Senator  P. Kelly  asked the  reason to  adopt the  proposed                                                                    
plan.                                                                                                                           
                                                                                                                                
Representative  Mulder advised  that  the graph  illustrates                                                                    
how the  State could get  the money  back.  However,  on the                                                                    
other hand,  if it  does not pay  off, then  the bondholders                                                                    
would take the  risk.  For that insurance  policy, the State                                                                    
pays ½ percent.                                                                                                                 
                                                                                                                                
Senator P.  Kelly mentioned that  one of the  plans proposed                                                                    
by the  Senate would be to  invest the money into  a Capital                                                                    
Budget  Reserve (CBR)  account so  as to  produce a  revenue                                                                    
stream.     He  believed   that  plan  would   have  similar                                                                    
advantages to the plan proposed by Representative Mulder.                                                                       
                                                                                                                                
SCOTT JANKE,  (Testified via Teleconference),  City Manager,                                                                    
Seward, noted  that he had  been listening with  interest to                                                                    
the discussion.                                                                                                                 
                                                                                                                                
                                                                                                                                
Tape: SFC - 00 #106, Side B  9:57 A.M.                                                                                          
                                                                                                                                
                                                                                                                                
Mr. Janke  stated that he was  in favor of the  revenue bond                                                                    
from a  practical standpoint as a  City.  In a  revenue bond                                                                    
scenario, the  dollars would be  available earlier.   In the                                                                    
case of  Seward, the  identified project  would be  the East                                                                    
Harbor expansion and would generate  U.S. Army Corp matching                                                                    
money.                                                                                                                          
                                                                                                                                
Mr. Fauske  indicated that the  goal of AHFC was  to provide                                                                    
the best professional service possible.   He emphasized that                                                                    
the proposed legislation  was a good idea and  a prudent way                                                                    
for   the  State   to  capture   revenue  that   bears  some                                                                    
uncertainty.    He mentioned  a  concern  of AHFC  is  their                                                                    
ability to have representative  projects within the scope of                                                                    
the overall bond portfolio.                                                                                                     
                                                                                                                                
Co-Chair Torgerson asked the price  tag associated with that                                                                    
idea.                                                                                                                           
                                                                                                                                
Mr.  Fauske replied  it  would amount  to  about $5  million                                                                    
dollars,  which   represents  1%  of  the   overall  bonding                                                                    
package.  He stressed that it  would be a small price to pay                                                                    
for AHFC maintaining their own facilities.                                                                                      
                                                                                                                                
Co-Chair Torgerson agreed that appeared fair.                                                                                   
                                                                                                                                
Mr. Cantor recognized  that it was a  difficult decision for                                                                    
the  Legislature  to  determine  how to  spend  the  tobacco                                                                    
revenues.    Each state  is facing the same  position across                                                                    
the  country.   He commented  that the  proposed legislation                                                                    
set forth by  Representative Mulder was good  for the State.                                                                    
Mr. Cantor  added that AHFC  should be the  financing entity                                                                    
to  maintain  all the  projects  and  requested that  AHFC's                                                                    
capital needs be included in the bill.                                                                                          
                                                                                                                                
Co-Chair Torgerson noted  that HB 281 and HB  287 would HELD                                                                    
in Committee for further consideration.                                                                                         

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