Legislature(2007 - 2008)HOUSE FINANCE 519

05/08/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 110 EXTEND REGULATORY COMMISSION OF ALASKA TELECONFERENCED
Moved CSHB 110(L&C) Out of Committee
+= SB 125 PERS /TRS CONTRIBUT'NS;UNFUNDED LIABILITY TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                        May 8, 2007                                                                                             
                         1:48 P.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House  Finance Committee meeting to                                                                   
order at 1:48:10 PM.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Richard Foster                                                                                                   
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Mary Nelson                                                                                                      
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative   Kurt  Olson;   Sally  Saddler,   Legislative                                                                   
Liaison, Department  of Community  and Economic  Development;                                                                   
Pat  Shier, Director,  Division of  Retirement and  Benefits,                                                                   
Department   of   Administration;    Kevin   Brooks,   Deputy                                                                   
Commissioner, Department of Administration;  Shawna Crondahl,                                                                   
Alaska Municipal League (AML), Juneau                                                                                           
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Paul Kendall, Self, Anchorage;  Larry Semmens, City of Kenai,                                                                   
Soldotna; Jerome Selby, Kodiak  Island Borough, Kodiak; Linda                                                                   
Freed, City of  Kodiak, Kodiak; Roy Eckert,  Borough Manager,                                                                   
Ketchikan Gateway Borough, Ketchikan;   John Stein, Municipal                                                                   
Administrator,  City &  Borough of Sitka,  Sitka; Pat  Piney,                                                                   
University  of  Alaska,  Fairbanks;   Dave  Telerico,  Denali                                                                   
Borough;  Tim  Bourcy, President,  Alaska  Municipal  League,                                                                   
Mayor,  Skagway; Shirley  Marqardt,  City  of Unalaska;  Jeff                                                                   
Jabusch, Finance  Director, City  of Wrangell, Wrangell;  Max                                                                   
Malavansky, City Administrator,  City of Saint George; Rhonda                                                                   
Jensen,  Assembly Member,  City of  Yakutat, Yakutat;  Shelby                                                                   
Boothe, Bristol Bay Borough; Cris  Burch, Anchorage Assembly;                                                                   
Tom Boedeker, Manager, City of Soldotna                                                                                         
                                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 110    An  Act  extending  the termination  date  for  the                                                                   
          Regulatory Commission  of Alaska; and providing for                                                                   
          an effective date.                                                                                                    
                                                                                                                                
          CS HB 110 (L&C) was reported out of Committee with                                                                    
          a "do  pass" recommendation  and with a  new fiscal                                                                   
          note  by the  Department of  Commerce, Community  &                                                                   
          Economic Development.                                                                                                 
                                                                                                                                
SB 125    An Act  relating to  the accounting and  payment of                                                                   
          contributions  under  the defined  benefit plan  of                                                                   
          the Public Employees'  Retirement System of Alaska,                                                                   
          to   calculations  of   contributions  under   that                                                                   
          defined benefit plan,  and to participation in, and                                                                   
          termination of and amendments  to participation in,                                                                   
          that  defined   benefit  plan;  making   conforming                                                                   
          amendments; and providing for an effective date.                                                                      
                                                                                                                                
          SB 125 was HEARD & HELD in Committee for further                                                                      
          consideration.                                                                                                        
                                                                                                                                
1:48:49 PM                                                                                                                    
HOUSE BILL NO. 110                                                                                                            
                                                                                                                                
     An Act extending the termination date for the                                                                              
     Regulatory Commission of Alaska; and providing for an                                                                      
     effective date.                                                                                                            
                                                                                                                                
REPRESENTATIVE KURT  OLSON, SPONSOR, noted that  HB 110 would                                                                   
                                                           th                                                                   
extend the  Regulatory Commission  of Alaska until  June 30,                                                                    
2011.   There would  be an  audit requirement  in two  years.                                                                   
The four  year extension  was supported  by the Governor;  he                                                                   
urged the support of the House Finance Committee (HFC).                                                                         
                                                                                                                                
1:49:59 PM                                                                                                                    
                                                                                                                                
SALLY SADDLER,  LEGISLATIVE LIAISON, DEPARTMENT  OF COMMUNITY                                                                   
AND ECONOMIC DEVELOPMENT, offered  to answer questions of the                                                                   
Committee.                                                                                                                      
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                       
                                                                                                                                
1:51:22 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  asked how  the four  year extension  had been                                                                   
determined.    Representative  Olson replied  he  would  have                                                                   
preferred two  years, however, working with the  Senate, they                                                                   
preferred  four years.   The  Governor  was comfortable  with                                                                   
either four to  six years and four was chosen,  a compromise.                                                                   
Representative   Gara  supported  either   a  4  or   6  year                                                                   
extension.                                                                                                                      
                                                                                                                                
Co-Chair Meyer  referenced the  new note from  the Regulatory                                                                   
Commission of Alaska and asked  if they employed 57 full time                                                                   
employees.  Representative Olson said yes.                                                                                      
                                                                                                                                
1:53:46 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  REPORT CS HB 110 (L&C) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB 110 (L&C) was reported out  of Committee with "do pass"                                                                   
recommendation   and  with  the   new  fiscal  note   by  the                                                                   
Department of Community & Economic Development.                                                                                 
                                                                                                                                
                                                                                                                                
1:54:12 PM                                                                                                                    
CS FOR SENATE BILL NO. 125(FIN)                                                                                               
                                                                                                                                
     An  Act  relating  to  the  accounting  and  payment  of                                                                   
     contributions under  the retirement plans  of the Public                                                                   
     Employees'   Retirement   System  of   Alaska  and   the                                                                   
     Teachers'   Retirement   System,  to   calculations   of                                                                   
     contributions  under  those  retirement  plans,  and  to                                                                   
     participation in,  and termination of and  amendments to                                                                   
     participation  in, the  defined benefit  plans of  those                                                                   
     systems;  relating  to  employer  contributions  to  the                                                                   
     health    reimbursement    arrangement   plan;    making                                                                   
     conforming  amendments; and  providing for an  effective                                                                   
     date.                                                                                                                      
                                                                                                                                
1:55:38 PM                                                                                                                    
                                                                                                                                
Representative Gara asked if the  gap issues for those people                                                                   
not covered by either retirement plan had been addressed.                                                                       
                                                                                                                                
KEVIN    BROOKS,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                   
ADMINISTRATION,  explained  that  the Department  is  in  the                                                                   
process of drafting an amendment  to the bill to address that                                                                   
concern.                                                                                                                        
                                                                                                                                
Representative Gara questioned  if it would cost more if done                                                                   
retroactively.   Co-Chair Meyer  understood it would  need to                                                                   
be made optional.   Mr. Brooks noted, there  are two members,                                                                   
one in the House and one in the  Senate and if opting in, the                                                                   
individual  would  have  to catch-up  on  their  contribution                                                                   
calculation.                                                                                                                    
                                                                                                                                
1:57:35 PM                                                                                                                    
                                                                                                                                
PAT  SHIER, DIRECTOR,  DIVISION OF  RETIREMENT AND  BENEFITS,                                                                   
DEPARTMENT  OF  ADMINISTRATION,  advised  that  the  Attorney                                                                   
General (AG) pointed  out under Section 15,  when an employee                                                                   
rejoins  the plan,  they may  only participate  as a  Defined                                                                   
Contribution (DC)  member.  Previously,  he said that  if the                                                                   
worker had been employed as a  Defined Benefit (DB) employee,                                                                   
they would  be able  to come back  as that  and that  was not                                                                   
correct information.                                                                                                            
                                                                                                                                
1:59:04 PM                                                                                                                    
                                                                                                                                
SHAWNA  CRONDAHL,  ALASKA  MUNICIPAL  LEAGUE  (AML),  JUNEAU,                                                                   
voiced appreciation  for the work done on the bill.   The AML                                                                   
offers full  support of CS SB  125 (FIN).  She  commented the                                                                   
problem  has  been  "huge"  for  some  municipalities.    The                                                                   
current versions  of SB 125 and  SB 72, passed by  the Senate                                                                   
Finance  Committee,  combines  to form  an  equitable  Public                                                                   
Employees  Retirement (PERS) relief  package for  communities                                                                   
statewide;  no  borough  or  municipality  objects  to  those                                                                   
pieces of legislation, including Anchorage & Fairbanks.                                                                         
                                                                                                                                
Ms.  Crondahl added,  many municipalities  had concerns  with                                                                   
the original  bill, which  were relieved  by changes  made in                                                                   
the  Senate.    CS  SB  125  (FIN)   now  addresses  original                                                                   
concerns.  Those concerns were:                                                                                                 
                                                                                                                                
   ·    How the determinations were made & costs calculated                                                                     
        if a PERS employer pulled out of the system;                                                                            
   ·    Removing the 90-day provision for the opting-out                                                                        
        classes of employees;                                                                                                   
   ·    Adding a provision outlining how an employer can                                                                        
        appeal the seizure of funds;                                                                                            
   ·    Establishing FY08 contribution rates below 22% for                                                                      
        PERS employers that made contributions in excess of                                                                     
        the their required contribution; and                                                                                    
   ·    Holding employers harmless for FY08 - FY12, who                                                                         
        would have had rates under 22% during that time, in                                                                     
       order to allow time to adjust to higher rates.                                                                           
                                                                                                                                
2:02:33 PM                                                                                                                    
                                                                                                                                
PAUL   KENDALL,   (TESTIFIED   VIA   TELECONFERENCE),   SELF,                                                                   
ANCHORAGE, commented  that there  are fundamental  flaws with                                                                   
the  school   infrastructure  given  through   the  Teacher's                                                                   
Retirement  System (TRS)  and that  the State  should not  be                                                                   
offering insurance.  He worried  about the lack of leadership                                                                   
and lack  of vision throughout  Alaska.  He ascertained  that                                                                   
it is  vision that determines  ones priorities.   He stressed                                                                   
that public opinion is where the wealth of the State rests.                                                                     
                                                                                                                                
2:08:13 PM                                                                                                                    
                                                                                                                                
LARRY  SEMMENS,   (TESTIFIED  VIA  TELECONFERENCE),   FINANCE                                                                   
DIRECTOR,   CITY   OF  KENAI,   MEMBER,   ALASKA   RETIREMENT                                                                   
MANAGEMENT  (ARM) BOARD,  SOLDOTNA,  testified regarding  the                                                                   
ARM Board.   Last year, the ARM Board established  the rates.                                                                   
He pointed  out that Governor  Palin included  $500.5 million                                                                   
dollars for  that budget.    The ARM  Board has  endorsed the                                                                   
concept  of reducing  the rate  the employers  pays with  the                                                                   
State paying  the balance, up  to the Board rate.   Employers                                                                   
support the  22% rate because  it is stable and  predictable.                                                                   
The  bill   helps  municipalities   now  experiencing   large                                                                   
increases; municipalities  are not  getting a "free  ride" in                                                                   
the  process.   He  submitted that  there  are many  "moving"                                                                   
parts of the bill.   He urged that CS SB 125  (FIN) be passed                                                                   
on.                                                                                                                             
                                                                                                                                
2:12:11 PM                                                                                                                    
                                                                                                                                
JEROME SELBY,  (TESTIFIED VIA TELECONFERENCE),  KODIAK ISLAND                                                                   
BOROUGH, KODIAK,  commended the  Committee on addressing  the                                                                   
three major issues facing Alaska:                                                                                               
                                                                                                                                
   ·    PERS/TRS                                                                                                                
   ·    Revenue sharing                                                                                                         
   ·    School funding                                                                                                          
                                                                                                                                
He applauded  the hard work from  the Legislature.   He urged                                                                   
that the Committee pass CS SB  125 (FIN) in its current form.                                                                   
The  municipalities will  be stepping  up at  the 22%  level.                                                                   
The bill is carefully crafted and well balanced.                                                                                
                                                                                                                                
2:14:10 PM                                                                                                                    
                                                                                                                                
LINDA FREED,  (TESTIFIED VIA  TELECONFERENCE), CITY  MANAGER,                                                                   
CITY OF  KODIAK, KODIAK, stated  that the PERS/TRS  issue has                                                                   
been significant for  the City of Kodiak.  She  added that CS                                                                   
SB 125 (FIN)  addresses all concerns with the  PERS/TRS.  The                                                                   
bill  creates a  stable  and predictable,  affordable  system                                                                   
into  the  future so  that  the  communities can  budget  for                                                                   
participating in  future costs.   The amount Kodiak  will pay                                                                   
when  it increases  to 22%  will be  over 10%  of the  City's                                                                   
general  fund  budget,  a  large   amount  of  money  but  an                                                                   
important part of the communities  work for public employees.                                                                   
She urged that CS SB 125 (FIN) move from Committee.                                                                             
                                                                                                                                
2:16:46 PM                                                                                                                    
                                                                                                                                
ROY ECKERT, (TESTIFIED VIA TELECONFERENCE),  BOROUGH MANAGER,                                                                   
KETCHIKAN GATEWAY  BOROUGH, KETCHIKAN, thanked  the Committee                                                                   
for addressing the  formula.  He urged that the  bill be kept                                                                   
as  it is.   The  boroughs are  facing a  fiscal crisis  with                                                                   
budgeting,  pointing out  the  already serious  increases  to                                                                   
property taxes.   He urged that the bill pass  from Committee                                                                   
unamended.                                                                                                                      
                                                                                                                                
2:19:13 PM                                                                                                                    
                                                                                                                                
JOHN   STEIN,  (TESTIFIED   VIA  TELECONFERENCE),   MUNICIPAL                                                                   
ADMINISTRATOR,  CITY &  BOROUGH OF SITKA,  SITKA, urged  that                                                                   
the  bill move  out of  Committee in  its current  form.   He                                                                   
reiterated  that   the  22%  was  a  reasonable   number  and                                                                   
something that  the municipalities  can handle.   He welcomed                                                                   
the predictability  and stability built into the  plan & that                                                                   
it be  maintained.   He added support  for the hold  harmless                                                                   
provision, especially for the smaller communities.                                                                              
                                                                                                                                
2:20:56 PM                                                                                                                    
                                                                                                                                
PAT  PINEY,  (TESTIFIED VIA  TELECONFERENCE),  UNIVERSITY  OF                                                                   
ALASKA,  FAIRBANKS, indicated  support for  the stability  of                                                                   
the  legislation.   The  University  supports  the  solution;                                                                   
however, she  noted that  funding had  been stripped  for the                                                                   
University's TRS  system, which leaves the University  with a                                                                   
$3.6  million  dollar  budget   shortfall.    The  University                                                                   
supports the  solution budget  implication.  She  pointed out                                                                   
that the FY07 rate  was 20.58%; currently, it is  set at 22%.                                                                   
All funding  increases were stripped  for the  PERS increase.                                                                   
She  hoped   that  there   would  be   a  solution   for  the                                                                   
University's   budget   situation.     Representative   Kelly                                                                   
commented that a fix was being considered.                                                                                      
                                                                                                                                
2:23:04 PM                                                                                                                    
                                                                                                                                
MAX   MALAVANSKY,   (TESTIFIED  VIA   TELECONFERENCE),   CITY                                                                   
ADMINISTRATOR,  CITY OF SAINT  GEORGE, voiced support  for CS                                                                   
SB 125  (FIN).   He urged continuation  of the  hold-harmless                                                                   
provision  and asked  that  the  bill not  be  included in  a                                                                   
differentiation between it & revenue sharing.                                                                                   
                                                                                                                                
2:24:14 PM                                                                                                                    
                                                                                                                                
DAVE   TELERICO,  (TESTIFIED   VIA  TELECONFERENCE),   DENALI                                                                   
BOROUGH, testified  in support of  CS SB 125 (FIN)  and urged                                                                   
that it be passed out of Committee unamended.                                                                                   
                                                                                                                                
2:24:57 PM                                                                                                                    
                                                                                                                                
TIM  BOURCY,   (TESTIFIED  VIA  TELECONFERENCE),   PRESIDENT,                                                                   
ALASKA MUNICIPAL  LEAGUE, MAYOR,  CITY OF SKAGWAY,  applauded                                                                   
the work done  on the bill to  date and requested that  it be                                                                   
passed out of Committee as soon as possible.                                                                                    
                                                                                                                                
2:25:52 PM                                                                                                                    
                                                                                                                                
SHIRLEY  MARQARDT,  (TESTIFIED  VIA  TELECONFERENCE),  MAYOR,                                                                   
CITY OF UNALASKA, spoke on behalf  of leaving CS SB 125 (FIN)                                                                   
as it came into Committee.  The  hold harmless clause is very                                                                   
important for the smaller communities.   She appreciated that                                                                   
the  PERS/TRS  issue  was  kept  separate  from  the  revenue                                                                   
sharing.   The  need for  revenue  sharing is  a stand  alone                                                                   
program and  is fully supported  by the AML membership.   She                                                                   
encouraged moving the bill from Committee.                                                                                      
                                                                                                                                
2:27:53 PM                                                                                                                    
                                                                                                                                
JEFF   JABUSCH,  (TESTIFIED   VIA  TELECONFERENCE),   FINANCE                                                                   
DIRECTOR,  CITY OF  WRANGELL,  encouraged  that the  proposed                                                                   
bill pass  from Committee in its  current form in  order that                                                                   
the  small  towns  in Alaska  can  continue  to  survive  the                                                                   
economical obstacles before them.                                                                                               
                                                                                                                                
2:30:27 PM                                                                                                                    
                                                                                                                                
RHONDA  JENSEN,  (TESTIFIED  VIA   TELECONFERENCE),  ASSEMBLY                                                                   
MEMBER, CITY  OF YAKUTAT, urged  that the Committee  leave CS                                                                   
SB 125  (FIN) without  changes, including  the hold  harmless                                                                   
clause  in  tact  and  move  it  out  of  the  House  Finance                                                                   
Committee.                                                                                                                      
                                                                                                                                
2:31:24 PM                                                                                                                    
                                                                                                                                
SHELBY BOOTHE,  (TESTIFIED VIA  TELECONFERENCE), BRISTOL  BAY                                                                   
BOROUGH, testified  in support of CS SB 125 (FIN)  and SB 72.                                                                   
The bills  provide needed  stability to  the personnel  costs                                                                   
and revenue streams.  With escalating  fuel, utility, freight                                                                   
and health  care costs, without  the support provided  by the                                                                   
legislation, services  will be reduced.  He  stressed that SB
125 should not be considered as a part of revenue sharing.                                                                    
                                                                                                                                
2:32:58 PM                                                                                                                    
                                                                                                                                
CRIS BURCH, (TESTIFIED VIA TELECONFERENCE),  CHAIR, ANCHORAGE                                                                   
ASSEMBLY  LEGISLATIVE COMMITTEE,  ANCHORAGE, echoed  concerns                                                                   
and support voiced  by previous testimony on CS  SB 125 (FIN)                                                                   
version of  the bill.   He noted that  the City  of Anchorage                                                                   
strongly  supports CS  SB  125 (FIN),  which  would hold  TRS                                                                   
rates at  12.5% of  total payroll  & PERS  rates at  22%, the                                                                   
State covering the remainder.                                                                                                   
                                                                                                                                
2:34:20 PM                                                                                                                    
                                                                                                                                
TOM BOEDEKER,  (TESTIFIED VIA TELECONFERENCE),  CITY MANAGER,                                                                   
CITY  OF  SOLDOTNA,  stressed  the  importance  of  the  hold                                                                   
harmless  provisions as  written into  CS SB  125 (FIN).   He                                                                   
urged that the bill be moved out of Committee unchanged.                                                                        
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                       
                                                                                                                                
2:36:04 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer asked about the  22% current rate and increase                                                                   
in five  years,  if it was  possible  to "bump"  it up.   Mr.                                                                   
Brooks responded  that the approach  taken in the bill  is to                                                                   
wait for  five years, to  allow for the individual  employers                                                                   
to  make  arrangements.   One  consideration  regarding  PERS                                                                   
moving to  a blended rate is no-set  rate.  He noted  that it                                                                   
is a complicated & complex issue but could be done.                                                                             
                                                                                                                                
Co-Chair Meyer commented  that at that rate,  those that have                                                                   
over paid  at the higher  rate should  be stepped down.   Mr.                                                                   
Brooks   explained  that   the  determination   has  been   a                                                                   
collaborative work in progress.                                                                                                 
                                                                                                                                
2:39:03 PM                                                                                                                    
                                                                                                                                
Representative   Gara   requested   to  make   a   conceptual                                                                   
amendment.     Representative  Hawker   wanted  to   see  any                                                                   
amendment in  writing in order  to avoid complications.   Co-                                                                   
Chair Meyer agreed.                                                                                                             
                                                                                                                                
2:39:51 PM                                                                                                                    
                                                                                                                                
SB 125 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 2:40 P.M.                                                                                          
                                                                                                                                
                                                                                                                                

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