Legislature(2001 - 2002)

04/25/2001 09:11 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 92                                                                                                         
     "An Act relating to removal of members of the board of                                                                     
     trustees of the Alaska Permanent Fund Corporation; and                                                                     
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
ROBERT   STORER,   Executive   Director,   Alaska   Permanent   Fund                                                            
Corporation,  Department of Revenue,  outlined the two commissioner                                                             
and four members  of the public, make-up of the board.  He noted the                                                            
public  members  serve  staggered  four-year  terms. He  stated  the                                                            
legislation  provides  removal for  just cause  language  consistent                                                            
with 19 other State of  Alaska boards and commissions, including the                                                            
Pensions and  Investment Board, which  is charged with managing  the                                                            
assets of the state's retirement system.                                                                                        
                                                                                                                                
Mr. Storer  told  the Committee  he has  been involved  in  managing                                                            
institution  funds for  over  20 years,  and has  seen how  managing                                                            
funds has  become increasingly  sophisticated,  thus requiring  time                                                            
for  board member's  to  "get up  to speed."  This  legislation,  he                                                            
stated,  would  ensure  continuity  in  fund  management  and  allow                                                            
institutional  memory   to be  passed  along   from  outgoing  board                                                            
members.                                                                                                                        
                                                                                                                                
Senator  Wilken recalled  that  the  legislature attempted  to  pass                                                            
similar legislation  approximately five years ago,  but the governor                                                            
vetoed  it. He asked  what was different  about  this bill that  the                                                            
governor would support.                                                                                                         
                                                                                                                                
Mr. Storer affirmed  Governor Knowles vetoed the same  language in a                                                            
different bill, early in  his administration. Mr. Storer stated that                                                            
the governor  has  indicated he  now supports  this provision  after                                                            
speaking to former trustees and giving the matter consideration.                                                                
                                                                                                                                
Senator  Ward requested  a copy of  governor's veto  message  on the                                                            
earlier bill.                                                                                                                   
                                                                                                                                
Co-Chair Donley  asked if the governor has issued  a position on the                                                            
current legislation.                                                                                                            
                                                                                                                                
Mr.   Storer   responded  that   before   introducing   this   bill,                                                            
representatives  of the  Corporation including  himself, spoke  with                                                            
the governor and were told he would support this legislation.                                                                   
                                                                                                                                
Co-Chair Donley suggested  that since this language had been vetoed,                                                            
a written statement  from governor in support of this  bill, with an                                                            
explanation of why his position changed, is appropriate.                                                                        
                                                                                                                                
Senator Green asked if "only for cause" is a legal term.                                                                        
                                                                                                                                
RON  LORENSON,  outside  counsel   for the  Alaska   Permanent  Fund                                                            
Corporation, responded  that there is "a large body  of law" dealing                                                            
with the subject  of "for cause". He stated rather  than providing a                                                            
definition,  these laws review  a specific  situation and the  court                                                            
determines  whether  there  is just  cause.  He referenced  a  legal                                                            
opinion  he  prepared   on  the  subject  of  just   cause  for  the                                                            
Corporation, which he offered to share with the Committee.                                                                      
                                                                                                                                
Senator Green requested a copy of the opinion.                                                                                  
                                                                                                                                
Mr.  Lorenson  said  he  would  provide   this.  He  summarized  his                                                            
findings, saying,  "fair-minded people  would know it when  they see                                                            
it" when taking into consideration  performance and conduct. He said                                                            
the opinion also  states that traditionally the legislature  has not                                                            
given specific definitions of "for cause".                                                                                      
                                                                                                                                
JOHN  KELSEY, former  trustee,  Alaska Permanent  Fund Corporation,                                                             
testified   via  teleconference  from   Anchorage  that   he  served                                                            
continuously on the Board  under three different governors from 1987                                                            
to 1995. He noted that  he served as chair three different times and                                                            
was in that position during  two occasions when all trustees, except                                                            
him, were replaced. He  stressed that during these times, he was the                                                            
only  trustee with  the  institutional  knowledge about  the  fund's                                                            
operation.                                                                                                                      
                                                                                                                                
Mr.  Kelsey  urged  the Committee  to  pass  SB  192. He  cited  his                                                            
experiences as giving him  "great cause" in supporting this bill. He                                                            
emphasized  he did  not wish to  denigrate new  trustees,  attesting                                                            
they are  excellent appointees.  However, he  stressed the  need for                                                            
experienced trustees  on the Board to help guide newer  trustees. He                                                            
asserted  the  replacement  of numerous  trustees  at  one time  is,                                                            
"unfair  to  new  trustees  and  it  is  certainly   unfair  to  the                                                            
stakeholders  of the fund  who own the assets."  He asserted  that a                                                            
new  board is  understandably  cautious and  usually  fails to  make                                                            
timely  actions.  He  offered  to  detail  specific  occurrences  if                                                            
requested.                                                                                                                      
                                                                                                                                
Mr. Kelsey  informed he  was twice forced  into the "uncomfortable"                                                             
situation  of training a  new board, which  he surmised was  not the                                                            
intent of the legislature that created the Corporation.                                                                         
                                                                                                                                
Mr. Kelsey  remarked that passage  of this legislation would  ensure                                                            
"historical experience  will be provided for all future boards, thus                                                            
assuring that which was  intended by the enabling legislation, which                                                            
provided for staggered terms for trustees."                                                                                     
                                                                                                                                
Co-Chair  Donley asked if  Mr. Kelsey knew  why the governor  vetoed                                                            
the earlier legislation.                                                                                                        
                                                                                                                                
Mr. Kelsey replied that he had no way of telling.                                                                               
                                                                                                                                
Co-Chair  Donley  reiterated   it  would  be  helpful  to  have  the                                                            
governor's  veto message related  to the  earlier legislation  and a                                                            
written statement regarding the current legislation.                                                                            
                                                                                                                                
Senator  Ward   noted  Mr.  Storer   said  he  would  provide   this                                                            
information.                                                                                                                    
                                                                                                                                
Co-Chair Donley  suggested holding this bill until  this information                                                            
was received.                                                                                                                   
                                                                                                                                
Senator Wilken  agreed this information was important  but suggested                                                            
moving the  bill at this time and  reviewing the information  before                                                            
the bill comes before the full Senate.                                                                                          
                                                                                                                                
Co-Chair  Donley stated he  wanted to hold  the bill until  the next                                                            
day.                                                                                                                            
                                                                                                                                
Senator Wilken  noted he just received the governor's  veto message.                                                            
                                                                                                                                
Co-Chair Donley ordered the bill HELD in Committee.                                                                             

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