Legislature(2003 - 2004)

02/17/2004 01:34 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
          SB 276-ALASKA INSURANCE GUARANTY ASSOCIATION                                                                      
                                                                                                                                
CHAIR CON BUNDE  announced SB 276 to be up  for consideration and                                                               
recapped that  a CS had  been discussed  at the last  meeting. An                                                               
additional amendment  had been proposed  that would  complete the                                                               
changes in the CS.                                                                                                              
                                                                                                                                
SENATOR RALPH SEEKINS  moved to adopt CSSB  276(L&C), version \H,                                                               
as the working document.                                                                                                        
                                                                                                                                
CHAIR  BUNDE  explained   that  the  CS  was   requested  by  the                                                               
Department  of  Community  and Economic  Development  (DCED)  and                                                               
reinserts (on  page 4, line  24) its  ability to seek  loans from                                                               
Alaska  Industrial  Development   and  Export  Authority  (AIDEA)                                                               
should the guaranty fund need to be filled, again, temporarily.                                                                 
                                                                                                                                
SENATOR HOLLIS  FRENCH maintained  his objection to  the adoption                                                               
of the CS  for the reasons he already stated  at the last meeting                                                               
[2/10/04].                                                                                                                      
                                                                                                                                
CHAIR BUNDE  asked for  the roll to  be taken.  Senators Seekins,                                                               
Stevens and  Bunde voted yea;  Senator French voted nay  and CSSB
276(L&C), version \H, was adopted.                                                                                              
                                                                                                                                
SENATOR SEEKINS moved to adopt amendment 1, version\H.1.                                                                        
                                                      23-GS2105\H.1                                                             
                                                           Bullock                                                              
                                                           1/13/05                                                              
                                                                                                                                
                                                                                                                                
                       A M E N D M E N T                                                                                    
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR BUNDE                                                                 
     TO:  CSSB 276(L&C), Draft Version "H"                                                                                      
                                                                                                                                
Page 5, following line 30:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 4.  AS 44.88.080 is  amended by adding a new paragraph                                                             
to read:                                                                                                                        
               (27) to guarantee loans made to the Alaska                                                                       
     Insurance  Guaranty Association  (AS 21.80.040), with  these                                                               
     guarantees   limited  to   loans  necessary   to  make   the                                                               
     association financially able  to meet cash flow  needs up to                                                               
     a  maximum  outstanding principal  balance  at  any time  of                                                               
     $30,000,000."                                                                                                              
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
MS. LINDA  HALL, Director, Division  of Insurance,  Department of                                                               
Community  &  Economic  Development  (DCED)  explained  that  the                                                               
amendment adds  the second piece  of the AIDEA loan  guarantee by                                                               
taking language  from the Alaska Insurance  Guarantee Association                                                               
(AIGA) statutes and puts it  in with the AIDEA statutes, enabling                                                               
it to provide the guarantee that is spoken to in the CS.                                                                        
                                                                                                                                
CHAIR  BUNDE  announced  that amendment  1  was  adopted  without                                                               
objection.                                                                                                                      
                                                                                                                                
SENATOR  FRENCH surmised  that the  bill  now goes  from being  a                                                               
series of  assessments on the  industry to what is  essentially a                                                               
funding mechanism  through the earnings reserve  of the Permanent                                                               
Fund.                                                                                                                           
                                                                                                                                
MS. HALL responded that was her understanding, as well.                                                                         
                                                                                                                                
SENATOR FRENCH  asked if  simply going  from a 2  percent to  a 4                                                               
percent assessment would be beneficial to the guaranty fund.                                                                    
                                                                                                                                
MS. HALL agreed  that the assessment increase  mechanism would be                                                               
simpler,  but objections  to  the  resulting increased  financial                                                               
obligations had been raised.                                                                                                    
                                                                                                                                
SENATOR FRENCH noted  that he heard objections  to the assessment                                                               
increase from  the self-insured groups  that had never  paid into                                                               
the fund  and couldn't ever get  a financial benefit from  it, an                                                               
obviously defensible position.                                                                                                  
                                                                                                                                
MS.  HALL  agreed  with  Senator  French  that  the  majority  of                                                               
objections  she  heard also  came  from  self-insureds and  joint                                                               
insurance  arrangements. She  admitted that  increased costs  are                                                               
probably   distasteful    for   the   employer    community   and                                                               
policyholders   at  large,   although  she   hadn't  received   a                                                               
significant number of complaints from them.                                                                                     
                                                                                                                                
SENATOR FRENCH noted that the original  bill also had a 2 percent                                                               
increase on  other lines of  insurance, but he hadn't  heard many                                                               
objections from  that group. He asked  if she had any  input from                                                               
them.                                                                                                                           
                                                                                                                                
MS. HALL replied that she  hadn't received a specific phone call,                                                               
but  had heard  a  couple of  general  complaints regarding  that                                                               
particular provision.                                                                                                           
                                                                                                                                
SENATOR FRENCH concluded  saying he appreciated the  work she had                                                               
put into creating SB 276. "If  there were compromises to be made,                                                               
it would  have been in  that final self-insured group,  the group                                                               
that would  derive no benefit  from paying into the  Workers Comp                                                               
fund, but that's behind us...."                                                                                                 
                                                                                                                                
SENATOR  SEEKINS asked  if self-insureds  could  argue that  they                                                               
didn't  receive   any  benefit   and  weren't  involved   in  the                                                               
bankruptcy  of  the companies  and  therefore  shouldn't be  held                                                               
responsible with an additional assessment.                                                                                      
                                                                                                                                
MS. HALL replied  that that argument could be raised,  but it was                                                               
an   oversimplification  to   think  that   Fremont's  [Insurance                                                               
Company]  insolvency was  caused  only by  reduced premiums.  She                                                               
sees  the issue  as a  public policy  call and  pointed out  that                                                               
other  states have  had  to  decide how  to  deal with  insolvent                                                               
insurers, as well.  The Fremont situation is an  extreme case and                                                               
Alaska  does  not have  the  ability  to  fund the  claims  under                                                               
current statutes.                                                                                                               
                                                                                                                                
SENATOR SEEKINS said:                                                                                                           
                                                                                                                                
     I  understand that.  I just  think that  some of  those                                                                    
     same  people who  weren't involved  in those  companies                                                                    
     [and] are  in the  fallout that  came have  exactly the                                                                    
     same argument as those people  who are self insured who                                                                    
     have no input ever into the fund....                                                                                       
                                                                                                                                
CHAIR BUNDE refrained:                                                                                                          
                                                                                                                                
     I think  my intent is to  put a little reverse  spin on                                                                    
     that and  say we're  all potential beneficiaries  so we                                                                    
     perhaps  all should  be part  of the  solution.... Just                                                                    
     for  the record,  I have  heard Pam  LaBolle testifying                                                                    
     that  Alaska's  businesses are  under  a  good deal  of                                                                    
     pressure   and  an   additional  assessment   would  be                                                                    
     difficult  for them  to absorb  - that  there would  be                                                                    
     some  negative  consequences  to businesses  in  Alaska                                                                    
     having  faced  in  the  recent   past  an  increase  in                                                                    
     assessment, so...                                                                                                          
                                                                                                                                
SENATOR SEEKINS noted that an  assessment on employers eventually                                                               
trickles  down to  being  an assessment  on  employees. "It  goes                                                               
right to  the pocketbooks of  the people  who are doing  the work                                                               
every day."                                                                                                                     
                                                                                                                                
CHAIR BUNDE  quipped, "Again,  oversimplifying, I'm  just cutting                                                               
out the middle man."                                                                                                            
                                                                                                                                
CHAIR BUNDE closed public testimony on SB 276.                                                                                  
                                                                                                                                
SENATOR SEEKINS  moved to  pass CSSB  276(L&C), version  \H, from                                                               
committee with  individual recommendations, attached  fiscal note                                                               
and letter of intent.                                                                                                           
                                                                                                                                
SENATOR  FRENCH  objected saying  he  understands  the point  the                                                               
chairman is  trying to make, but  it seems like the  committee is                                                               
adopting  a course  that will  lead to  non-passage of  the bill,                                                               
which is ultimately  a bad idea. It discredits the  work that Ms.                                                               
Hall did  in creating a  feasible funding mechanism  for covering                                                               
the shortfall  and raises the stakes  on this issue to  the point                                                               
where many people  will feel uncomfortable voting  for it because                                                               
of  the  fact  that  it  goes to  the  earnings  reserve  of  the                                                               
Permanent  Fund.  It  makes  the   argument  for  enshrining  the                                                               
dividend  in  the  constitution  stronger,  because  the  funding                                                               
mechanism in  SB 276 will be  characterized by many as  a raid on                                                               
the Permanent Fund.                                                                                                             
                                                                                                                                
CHAIR BUNDE defended his philosophical stand on policy saying:                                                                  
                                                                                                                                
     Just  for the  record, to  point  out that  we are  not                                                                    
     broaching  new   ground  here.  The  earnings   of  the                                                                    
     Permanent  Fund, and  we definitely  need to  point out                                                                    
     there is  a big difference  between the corpus  and the                                                                    
     earnings,  you understand.  The earnings  are currently                                                                    
     used  on several  levels.  They are  used  to fund  the                                                                    
     application process  at some  $5 million;  they're used                                                                    
     for the hold  harmless for tens of  millions of dollars                                                                    
     for people who  would lose their welfare  when they get                                                                    
     their dividend; they're used,  of course, for inflation                                                                    
     proofing; and,  of course, used  for the  dividend. So,                                                                    
     the  Legislature  currently  has  the  power  and  does                                                                    
     indeed  appropriate monies  from the  earnings. If  the                                                                    
     worst-case scenario  that you  ascribe to  occurs, well                                                                    
     there's always a  possibility of funding it  out of the                                                                    
     general fund.                                                                                                              
                                                                                                                                
SENATOR SEEKINS  said, having  been on the  Board of  Trustees of                                                               
the Permanent  Fund and understanding that  the Legislature spent                                                               
$35 million  last year  for a  hold harmless  [agreement], public                                                               
safety and  other issues, he  could equate the Permanent  Fund to                                                               
his  family  checkbook  and  would,   therefore,  not  choose  to                                                               
inflation proof  his savings account,  if his kids  were starving                                                               
to death.                                                                                                                       
                                                                                                                                
     When I  take a look at  the challenge we are  facing on                                                                    
     some  of  the issues  -  fully  funding education  -  I                                                                    
     support that;  the PERS and  TRS downfall - I  think we                                                                    
     need to  address that; these  kinds of  situations that                                                                    
     were  uncontrollable by  the state,  unforeseeable -  I                                                                    
     think these  are areas where if  it came down to  it, I                                                                    
     don't think it's competition for  the dividend. I don't                                                                    
     think that the  competition is for the  dividend at all                                                                    
     when I  look at we  might be  spending as much  as $575                                                                    
     million  this next  year to  inflation proof  a savings                                                                    
     account when we can't educate  our children. So, to me,                                                                    
     I  understand the  funds  are  available for  different                                                                    
     things  and  in   inflation  proofing,  we're  actually                                                                    
     inflation proofing appreciating  assets, which normally                                                                    
     is  not done.  So,  the wisdom  of  the Legislature,  I                                                                    
     think has  to take a look  at a portion of  this and it                                                                    
     does not  jeopardize the  dividend. I'm  concerned that                                                                    
     some     members     now     who     have     supported                                                                    
     constitutionalizing  the  dividend are  concerned  that                                                                    
     this might speed the process.                                                                                              
                                                                                                                                
SENATOR FRENCH refuted his argument saying:                                                                                     
                                                                                                                                
     The Permanent  Fund is not your  family checkbook. It's                                                                    
     the checkbook of the people  of the State of Alaska, if                                                                    
     you will, and  they have been pretty  adamant about the                                                                    
     methods  in which  they prefer  to see  it spent  and I                                                                    
     don't think this is one of them.                                                                                           
                                                                                                                                
CHAIR BUNDE  asked for the  roll to be called.  Senators Seekins,                                                               
Stevens and Bunde  voted yea; Senator French voted  nay; and CSSB
276(L&C), version H, passed from committee.                                                                                     

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