Legislature(1997 - 1998)

02/25/1997 09:07 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                             MINUTES                                           
                    SENATE FINANCE COMMITTEE                                   
                        February 25, 1997                                      
                            9:07 A.M.                                          
                                                                               
                                                                               
  TAPES                                                                        
                                                                               
  SFC-97, # 44, Side 1 (000-489)                                               
                                                                               
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Senator  Bert  Sharp,  Cochair,  Senate  Finance  Committee,                 
  convened the meeting at approximately 9:07 A.M.                              
                                                                               
                                                                               
  PRESENT                                                                      
                                                                               
  In addition  to  COCHAIR  SHARP,  COCHAIR  PEARCE,  SENATORS                 
  DONLEY and ADAMS were present when the meeting was convened.                 
  SENATORS  PHILLIPS,  TORGERSON  and PARNELL  arrived  as the                 
  meeting was in progress.                                                     
                                                                               
  Also Attending:                                                              
  SENATOR ROBIN TAYLOR, Sponsor of SB 38; SENATOR GARY WILKEN,                 
  Sponsor  of SB 84; MARK JOHNSON, Chief, Community Health and                 
  Emergency Medical Services, Department of  Health and Social                 
  Services;  WENDY  REDMAN,  Vice  President  for   University                 
  Relations, University of  Alaska; BETTY MARTIN, Comptroller,                 
  Treasury  Division,  Department  of Revenue;  and  aides  to                 
  committee members.                                                           
                                                                               
  Also Attending Via Teleconference:                                           
  JIM LYNCH, University of Alaska; MERRITT MITCHELL, Chair, UA                 
  Alumni Legislative  Committee; JOEL  HARD, LT., Division  of                 
  Fish and Wildlife Protection, Department of Public Safety.                   
                                                                               
                                                                               
  SUMMARY INFORMATION                                                          
  SB 38     ANATOMICAL GIFTS, LIVING WILLS & DNR ORDER                         
                                                                               
       SENATOR TAYLOR,  Sponsor,  testified on  behalf of  the                 
       bill.  MARK JOHNSON, testified in  support of SB 38 and                 
       answered questions regarding the fiscal note.   SENATOR                 
       ADAMS    MOVED    for    passage     with    individual                 
       recommendations.   Without  objection, CSSSSB  38 (JUD)                 
       was   REPORTED   OUT  of   committee   with  individual                 
       recommendations,  a  previous  fiscal  note  from   the                 
       Department of Health  and Social  Services (2.0) and  a                 
       previous  zero fiscal  note from  Department of  Public                 
       Safety.                                                                 
                                                                               
                                                                               
  SB 84     ASSETS OF THE UNIVERSITY OF ALASKA                                 
                                                                               
       SENATOR  WILKEN, Sponsor,  testified  on behalf  of the                 
       bill.   WENDY  REDMAN answered  questions of  committee                 
       members.    JIM  LYNCH  was  available  for  questions.                 
       MERRITT MITCHELL spoke in  support of the bill.   BETTY                 
       MARTIN addressed questions posed by committee  members.                 
       COCHAIR  PEARCE  MOVED  for  passage   of  SB  84  with                 
       individual recommendations.   Without objection, SB  84                 
       was   REPORTED  OUT   of   committee  with   individual                 
       recommendations  and  previous  fiscal notes  from  the                 
       University  of Alaska  (1,000.0) and the  Department of                 
       Revenue (9.0).                                                          
                                                                               
  SB 7      HUNTING SPORT FISH TRAPPING FEES/LICENSES                          
                                                                               
       SENATOR  DONLEY  noted  a  new   draft  CS  before  the                 
       committee  and recapped  amendments  from the  previous                 
       hearing.  He also noted new fiscal  notes that applied.                 
       JOEL HARD was  available for questions.   SENATOR ADAMS                 
       MOVED for ADOPTION of the draft CS.  Without objection,                 
       CSSB 7(FIN)  was ADOPTED.   SENATOR  PARNELL MOVED  for                 
       passage    with    individual    recommendations    and                 
       accompanying fiscal  notes.  There being  no objection,                 
       CSSB  7(FIN)  was   REPORTED  OUT  of   committee  with                 
       individual recommendations, two zero  fiscal notes from                 
       the Department  of Public  Safety, and  two new  fiscal                 
       notes  from  the Department  of  Fish and  Game (<31.5>                 
       Wildlife Conservation, <790.5> Sport Fish Division).                    
                                                                               
  SENATE BILL NO. 38                                                           
  "An  Act relating to anatomical gifts,  living wills, and do                 
  not resuscitate orders."                                                     
                                                                               
  SENATOR  ROBIN  TAYLOR,  Sponsor, referred  to  the  Sponsor                 
  Statement  in  committee   files  (copy   on  file).     The                 
  legislation is  simple and attempts to clean  up and readily                 
  provide  for communication  and notification of  care givers                 
  and care responders  such as  ambulance personnel  regarding                 
  whether the person  being treated is an organ donor or has a                 
  living will.   He considered  it a first  step to  providing                 
  better notification.   The second step being worked  on, but                 
  not  yet developed  was a  future system  to  provide prompt                 
  response  via information  carried on  drivers' licenses  so                 
  that the  care giver knows the  person is an  organ donor or                 
  has a  living will. The legislation attempts  to improve the                 
  communication link.                                                          
                                                                               
  SENATOR PHILLIPS called  attention to the fiscal  note (2.0)                 
  to design a  symbol for  bracelets and asked  if the  design                 
  couldn't be  taken from  some other state.   SENATOR  TAYLOR                 
                                                                               
                                                                               
  couldn't speak fully  to that,  but indicated that  although                 
  they wanted to come up with some universal symbol, it seemed                 
  that each state had their own unique design.                                 
                                                                               
  MARK JOHNSON, Chief, Community  Health and Emergency Medical                 
  Services,   Department  of   Health  and   Social  Services;                 
  supported the intent of  the legislation.  In response  to a                 
  question from SENATOR PHILLIPS regarding the fiscal note, he                 
  believed it  was very  modest in  that it  does not  provide                 
  funds  to  educate  providers or  the  public  regarding the                 
  legislation.  The  money would be for  design, printing, and                 
  some public notices in the newspaper.   Regarding the design                 
  symbol,  he  recalled  previous  legislation which  required                 
  similar action for a 'Do Not Resuscitate' identification and                 
  protocol system.   It passed without implementation funding,                 
  so  they  did adopt  a standard  logo developed  in Montana.                 
  Unfortunately,  no  such logo  exists  for organ  and tissue                 
  donation in  the U.  S.   Additionally, they  would have  to                 
  print  cards and provide some  public notice, so there would                 
  be a  cost to the  division.  He  believed the $2000  fiscal                 
  note  was  extremely  modest compared  to  the  magnitude of                 
  effort entailed to inform 4,000 EMS providers, plus hospital                 
  workers and  others.   The division  has received  criticism                 
  regarding  lack  of education  and  training on  this issue,                 
  which they continue  to address.   For example, they sent  a                 
  letter to every physician in the state.                                      
                                                                               
  SENATOR PHILLIPS felt  MR. JOHNSON'S response didn't  answer                 
  his question, and  he assumed it  was impossible to come  up                 
  with  logos from other  states.  MR.  JOHNSON responded that                 
  based on their  research, there  was no existing  logo.   He                 
  reiterated that the $2000 included  more than just designing                 
  a logo.                                                                      
                                                                               
  COCHAIR SHARP inquired if there were any graphic  artists on                 
  staff at DHSS.  MR. JOHNSON did not have any in his division                 
  and was not aware of resources available on this.                            
                                                                               
  SENATOR   ADAMS   MOVED    for   passage   with   individual                 
  recommendations  and  accompanying  fiscal  notes.   Without                 
  objection, CSSSSB  38 (JUD)  was REPORTED  OUT of  committee                 
  with individual recommendations, a previous fiscal note from                 
  the Department of  Health and  Social Services  (2.0) and  a                 
  previous  zero  fiscal note  from  the Department  of Public                 
  Safety.                                                                      
                                                                               
  SENATE BILL NO. 84                                                           
  "An Act relating to fiscal management of endowment assets of                 
  the  University   of  Alaska;  amending  the  definition  of                 
  `university   receipts'   to   include   distribution   from                 
  university  endowments   and  the  total  return   from  the                 
  University  of  Alaska's  endowment  trust  fund  for   land                 
  obtained under the Act  of Congress of January 21,  1929, as                 
                                                                               
                                                                               
  amended, and transferring responsibility  for management and                 
  investment of those assets; and making  technical amendments                 
  to provisions relating to  federal grants and appropriations                 
  from federal land  grant college fund  sources that must  be                 
  paid to the state."                                                          
                                                                               
  SENATOR WILKEN, Sponsor, testified  on behalf of SB 84.   It                 
  was  not  the  same as  SB  250  which  the legislature  had                 
  wrestled  with the past few years, but it was a component of                 
  that  bill  and  has  to  do  with  the  management  of  the                 
  University of Alaska Trust.   It consolidates the management                 
  of  some of the  University's funds under  the oversight and                 
  direction  of the  regents.  The  Department of  Revenue has                 
  managed the  fund for  many years, but  it is  time for  the                 
  University to take another step  toward development of self-                 
  sufficiency.   Statutory restrictions  on management and use                 
  of  the  fund  insure  that  the  interest  of  the  public,                 
  fiduciary responsibilities and accountability of the regents                 
  are covered appropriately.   Some paperwork will be saved by                 
  moving the fund  reporting to the University  budget reports                 
  rather  than  maintaining  a separate  reporting  mechanism.                 
  Some administrative costs will be saved in the Department of                 
  Revenue.     Consolidation   with   other  University   fund                 
  management  duties  means   that  the  costs  will   not  be                 
  replicated in  their budget.   Other University  investments                 
  have shown  a higher rate of return than this fund under the                 
  Department  of Revenue's  management, the  differences being                 
  the philosophy of investment. Since  all parts of government                 
  are being urged to run  a tighter ship, SB 84 is  consistent                 
  because  fund management is  further consolidated, costs are                 
  cut, efficiencies are realized and effectiveness enhanced.                   
                                                                               
  SENATOR ADAMS  noted the  $1 million  investment income  and                 
  inquired how much was in that particular pool at this time.                  
                                                                               
  WENDY  REDMAN,  Vice  President  for  University  Relations,                 
  University of Alaska; responded that there was $36.6 million                 
  in cash and investments in the fund.                                         
                                                                               
  SENATOR ADAMS referred to  page 3, lines 3-6, and  asked for                 
  an   explanation   of  "net   income"   as  it   relates  to                 
  administration costs.  MS. REDMAN replied that net income is                 
  all of the  money generated from  the sale/lease/use of  the                 
  land minus the cost for the sale/lease or development of the                 
  land.  SENATOR ADAMS asked where the investment income would                 
  be covered  in the  University budget.   MS. REDMAN  replied                 
  that it would show up as Program Receipts.  Currently, it is                 
  reported separately  in the  annual report.   SENATOR  ADAMS                 
  suggested  that  what is  basically  being done  is allowing                 
  program receipts  to come into the University and reduce the                 
  state money  needed for  the University.   MS.  REDMAN hoped                 
  that  was  not exactly  the  case.   It  does take  away the                 
  incentive to make investments and raise private money if the                 
  intention is a dollar-for-dollar  decrease in general funds.                 
                                                                               
                                                                               
  Although, it was the purpose of  the original land bill that                 
  the investments  gained from  lands would  help support  the                 
  University and they would rely less on general funds.                        
                                                                               
  The presence of Senators Torgerson and Parnell was noted.                    
                                                                               
  SENATOR PHILLIPS inquired if the  statement "lease funds are                 
  adequately protected by  law" referred  to state law  rather                 
  than federal law.  MS. REDMAN informed him that the land was                 
  transferred with the direction that it be held in trust, the                 
  Board of  Regents statutes AS  14.40 directs that  they will                 
  handle all investments with prudent trust management, and SB
  84 reiterates that the  trust will be held in  perpetuity on                 
  page 3, line 10.  SENATOR PHILLIPS next asked about the land                 
  grant  investment   performance  under  the   Department  of                 
  Revenue.  He noted  the University had a  greater investment                 
  return.  MS. REDMAN responded that the Department of Revenue                 
  had  been  held on  the precipice  for  the last  four years                 
  regarding this provision in the land bill, so they have been                 
  more conservative  than normal  with these  funds.   SENATOR                 
  PHILLIPS' impression was  that the department wanted  to get                 
  on  with  the  transfer.    MS.  REDMAN  confirmed  that the                 
  department  didn't  want to  be  held responsible  for lower                 
  returns and  never opposed  the University  taking the  fund                 
  management back.                                                             
                                                                               
  COCHAIR SHARP  informed the  committee that  there were  two                 
  people on teleconference to testify.                                         
                                                                               
  JIM  LYNCH,  University  of Alaska;  did  not  have prepared                 
  testimony and stated he was available for questions.                         
                                                                               
  MERRITT  MITCHELL, Chair,  UA Alumni  Legislative Committee;                 
  briefly stated support for passage of  SB 84 and pointed out                 
  that the University had an excellent investment record.                      
                                                                               
  COCHAIR SHARP  called for  questions. There  being none,  he                 
  invited comments from others present at the meeting.                         
                                                                               
  BETTY MARTIN, Comptroller, Treasury  Division, Department of                 
  Revenue; appeared before the committee and was available for                 
  questions.                                                                   
                                                                               
  SENATOR ADAMS referred to a 1-23-97 letter from Ross Kinney,                 
  Deputy  Commissioner, (in  committee  files) that  expressed                 
  concern over  prolonging resolution  of this  issue and  its                 
  relation to  the earning  power of  the trust.   MS.  MARTIN                 
  explained that for  the last four  years the issue had  been                 
  open  regarding  whether   the  money  would  move   to  the                 
  University.   Accordingly,  the Department  of  Revenue felt                 
  they  had to  be more  conservative because  it didn't  make                 
  sense to expand the equity position of the fund and  have to                 
  turn around and sell it because of transaction costs and the                 
  possibility of losses.   So,  the concern was  not with  the                 
                                                                               
                                                                               
  University having  the trust,  but a  decision needed to  be                 
  made in order to properly invest  this as a long-term trust.                 
  SENATOR ADAMS asked  if there  would be a  reduction in  the                 
  Department of Revenue due to the transfer of the  investment                 
  power  to  the  University.    Ms.  Martin  replied  in  the                 
  negative.                                                                    
                                                                               
  COCHAIR SHARP pointed out the Department of Revenue's fiscal                 
  note,  particularly  the  $26,000 fixed  cost.    MS. MARTIN                 
  responded that the  department manages  many funds and  they                 
  allocate a certain percentage of personal services and their                 
  custody contract  to  those funds.   In  addition, they  pay                 
  their  direct  cost  of  investment  management fees.    The                 
  University's fund  is not large  enough that it  would allow                 
  for  reduction of  a  full position  or  affect the  custody                 
  contracts, so the cost would have  to be reallocated back to                 
  the general fund.                                                            
                                                                               
  COCHAIR SHARP clarified that it would result in a cost shift                 
  of  $26,000 to those that  do use the  services.  MS. MARTIN                 
  confirmed.  COCHAIR SHARP was  curious what the fiscal  note                 
  was when they took over the  services and whether they added                 
  $26,000 then to cover  the costs of management at  the time.                 
  He commented that, as Revenue  Budget Subcommittee chair, he                 
  would look at it.                                                            
                                                                               
  SENATOR ADAMS inquired of the sponsor whether money had been                 
  designated for use in the University system and suggested it                 
  could  be  used  to  help  solve the  collective  bargaining                 
  problem  existing with community  teachers.   SENATOR WILKEN                 
  did not know the use of the  money, but indicated there were                 
  people in the room that did.                                                 
                                                                               
  COCHAIR SHARP asked  the pleasure of the  committee. COCHAIR                 
  PEARCE  MOVED  for   passage  of   SB  84  with   individual                 
  recommendations and  two accompanying fiscal notes.  Without                 
  objection,  SB  84  was  REPORTED   OUT  of  committee  with                 
  individual recommendations  and previous  fiscal notes  from                 
  the University  of Alaska  (1,000.0) and  the Department  of                 
  Revenue (9.0).                                                               
                                                                               
  SENATE BILL NO. 7                                                            
  "An  Act reducing certain  resident sport  fishing, hunting,                 
  and  trapping license  fees, increasing  certain nonresident                 
  sport  fishing  license  and  tag   fees,  and  relating  to                 
  nonresident sport  fishing, hunting, and  trapping licenses;                 
  and providing for an effective date."                                        
                                                                               
  SENATOR  DONLEY,  Sponsor, called  attention  to a  draft CS                 
  before the committee which reflects three changes:                           
                                                                               
       1)  The  fee  for  combination  resident,  hunting  and                 
       trapping or resident hunting  and sport fishing changed                 
                                                                               
                                                                               
       from  $38 to $39, reflecting  the actual savings to the                 
       state.                                                                  
                                                                               
       2)  The  nonresident  annual  sport  fish  license  was                 
       reduced from $200 to $150 in Section 5, page 2.                         
                                                                               
       3) Another change  made in  Section 5  responded to  an                 
       earlier  concern   expressed  by  Senator   Adams  over                 
       narrowing licensure provisions for  commercial activity                 
       to those in  Alaska for the annual license.  One of the                 
       reasons for doing that was because of a proposal in the                 
       other  body  that would  require  an annual  sport fish                 
       license before getting a guiding  license, so it worked                 
       in conjunction with other possible legislation.                         
                                                                               
  SENATOR ADAMS asked  for an  explanation of  the new  fiscal                 
  notes accompanying  the proposed  CS.   SENATOR DONLEY  said                 
  that because  the  cost for  the  fourteen day  license  was                 
  adjusted down, as  was the  annual nonresident license  fee,                 
  the revenue estimate  declined to just above  $3 million per                 
  year instead of  the earlier  estimate of $6  million.   The                 
  reduction in  fees were supported by the  Department of Fish                 
  and Game.   The  models used  to predict  the revenues  were                 
  uncertain business but there was  strong indication that the                 
  legislation would be a revenue generator.                                    
                                                                               
  COCHAIR  SHARP clarifed  that the proposed  license schedule                 
  for nonresidents left no option for an annual license except                 
  for the one in Section 5.  SENATOR DONLEY confirmed that was                 
  correct.  One of the main reasons for eliminating the annual                 
  license for nonresidents was to get  at the problem of over-                 
  harvesting and using  the sport fish license  for commercial                 
  harvesting purposes.                                                         
                                                                               
  JOEL HARD, LT.,  Division of  Fish and Wildlife  Protection,                 
  Department  of Public Safety, was on teleconference.  He had                 
  no prepared testimony but was available for questions.                       
                                                                               
  SENATOR ADAMS MOVED for ADOPTION of the draft CS, version 0-                 
   LS131\K.   Without objection, CSSB 7(FIN) was  ADOPTED.  He                 
  asked  about the  repealer  in Section  9.   SENATOR  DONLEY                 
  confirmed  that  it was  the  annual nonresident  sport fish                 
  license that was repealed.                                                   
                                                                               
  SENATOR   PARNELL   MOVED   for  passage   with   individual                 
  recommendations and accompanying fiscal notes.  There  being                 
  no objection, CSSB 7(FIN) was REPORTED OUT of committee with                 
  individual recommendations, two  zero fiscal notes  from the                 
  Department of  Public Safety, and two new  fiscal notes from                 
  the   Department   of   Fish  and   Game   (<31.5>  Wildlife                 
  Conservation, <790.5> Sport Fish Division).                                  
                                                                               
  COCHAIR  SHARP  and  other  committee  members  made   brief                 
  announcements   regarding   upcoming   budget   subcommittee                 
                                                                               
                                                                               
  meetings.                                                                    
                                                                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting was adjourned at approximately 9:47 A.M.                         

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