Legislature(2013 - 2014)BUTROVICH 205

04/02/2013 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 11 COMMEM. ANNIVERSARY OF REAGAN SDI SPEECH TELECONFERENCED
Moved CSHJR 11(MLV) Out of Committee
Bills Previously Heard/Scheduled
= SB 48 PERS CONTRIBUTIONS BY MUNICIPALITIES
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 2, 2013                                                                                          
                           9:06 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Cathy Giessel, Vice Chair                                                                                               
Senator John Coghill                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bert Stedman                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 11(MLV)                                                                                       
Commemorating the  30th anniversary of President  Ronald Reagan's                                                               
address   to  the   nation  concerning   the  Strategic   Defense                                                               
Initiative,  recognizing the  strategic importance  of Alaska  in                                                               
the  missile interceptor  defense system,  and urging  the United                                                               
States  to   deploy  the  number  of   ground-based  interceptors                                                               
originally intended at Fort Greely.                                                                                             
                                                                                                                                
     - MOVED CSHJR 11(MLV) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 48                                                                                                              
"An  Act  requiring  each municipality  with  a  population  that                                                               
decreased  by more  than 25  percent between  2000 and  2010 that                                                               
participates  in   the  defined   benefit  plan  of   the  Public                                                               
Employees'  Retirement  System of  Alaska  to  contribute to  the                                                               
system an amount  calculated by applying a rate of  22 percent of                                                               
the  total of  all  base  salaries paid  by  the municipality  to                                                               
employees  of the  municipality  who are  active  members of  the                                                               
system during  a payroll  period; reducing  the rate  of interest                                                               
payable by  a municipality  with a  population that  decreased by                                                               
more than 25 percent between 2000  and 2010 that is delinquent in                                                               
transmitting employee  and employer contributions to  the defined                                                               
benefit  plan  of  the Public  Employees'  Retirement  System  of                                                               
Alaska;   giving   retrospective   effect  to   the   substantive                                                               
provisions of the Act; and providing for an effective date."                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR 11                                                                                                                  
SHORT TITLE: COMMEM. ANNIVERSARY OF REAGAN SDI SPEECH                                                                           
SPONSOR(s): REPRESENTATIVE(s) SADDLER                                                                                           
                                                                                                                                
03/13/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/13/13       (H)       MLV                                                                                                    
03/19/13       (H)       MLV AT 1:00 PM CAPITOL 120                                                                             
03/19/13       (H)       Moved CSHJR 11(MLV) Out of Committee                                                                   
03/19/13       (H)       MINUTE(MLV)                                                                                            
03/20/13       (H)       MLV RPT CS(MLV) 6DP                                                                                    
03/20/13       (H)       DP:    HUGHES,   GRUENBERG,    REINBOLD,                                                               
                         SADDLER, LEDOUX, FOSTER                                                                                
03/22/13       (H)       TRANSMITTED TO (S)                                                                                     
03/22/13       (H)       VERSION: CSHJR 11(MLV)                                                                                 
03/25/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/25/13       (S)       STA                                                                                                    
04/02/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  48                                                                                                                  
SHORT TITLE: PERS CONTRIBUTIONS BY MUNICIPALITIES                                                                               
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
02/11/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/11/13       (S)       STA, FIN                                                                                               
03/12/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/12/13       (S)       Heard & Held                                                                                           
03/12/13       (S)       MINUTE(STA)                                                                                            
04/02/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE DAN SADDLER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HJR 11.                                                                                        
                                                                                                                                
DAVID SCOTT, Staff                                                                                                              
Senator Donny Olson                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SB 48 on behalf of the sponsor.                                                                 
                                                                                                                                
MIKE BARNHILL, Deputy Commissioner                                                                                              
Office of the Commissioner                                                                                                      
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information related to SB 48.                                                                    
                                                                                                                                
GREG MOYER, City Manager                                                                                                        
Galena, Alaska                                                                                                                  
POSITION STATEMENT: Testified on SB 48.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:06:23 AM                                                                                                                    
CHAIR  FRED  DYSON  called  the  Senate  State  Affairs  Standing                                                             
Committee meeting  to order at 9:06  a.m. Present at the  call to                                                               
order  were Senators  Wielechowski,  Coghill,  Giessel and  Chair                                                               
Dyson.                                                                                                                          
                                                                                                                                
        HJR 11-COMMEM. ANNIVERSARY OF REAGAN SDI SPEECH                                                                     
                                                                                                                                
CHAIR DYSON announced that the first order of business would be                                                                 
HJR 11.                                                                                                                         
                                                                                                                                
REPRESENTATIVE DAN SADDLER, sponsor of HJR 11, reviewed the                                                                     
contents of the bill. He read from the following sponsor                                                                        
statement:                                                                                                                      
                                                                                                                                
     HJR 11 commemorates the 30th Anniversary of President                                                                      
     Ronald Regan's "Strategic Defense Initiative"                                                                              
     addressed to the nation on March 23, 1983. President                                                                       
     Reagan believed that we should achieve "peace through                                                                      
     strength," and called for the nation to develop the                                                                        
     ability to intercept and destroy strategic nuclear                                                                         
     missiles before they could reach the United States.                                                                        
     Though his idea was initially mocked as a "Star Wars"                                                                      
     fantasy, Reagan's vision was eventually realized.                                                                          
     Americans developed what became better known, and                                                                          
     better respected, as the "Strategic Defense                                                                                
     Initiative."                                                                                                               
                                                                                                                                
     HJR 11 commemorates the 30th anniversary of President                                                                      
     Reagan's speech to the nation calling for the creation                                                                     
     of the "Star Wars" defense system, and credits Reagan                                                                      
     for his vision. HJR 11 also honors the Alaskans who                                                                        
     play a critical role in this system: The Alaska                                                                            
     National Guard's 49th Missile Defense Battalion mans                                                                       
     the nation's primary installation of the Ground-Based,                                                                     
     Mid-course Defense System and interceptor missiles, at                                                                     
     Fort Greely, in Interior Alaska.                                                                                           
     But while we have 26 missiles and silos at Fort                                                                            
     Greely, the plans had originally called for 40. In                                                                         
     2009 President Obama stopped short of finishing                                                                            
     deployment of the last 14 interceptors planned for                                                                         
     deployment. This incomplete system left the nation                                                                         
     vulnerable to the threat of increasingly sophisticated                                                                     
     and capable missiles: from Iran, from China, and from                                                                      
     North Korea. In recent weeks, the threat has gotten                                                                        
     even more real, North Korea has made clear and                                                                             
     credible threats to launch nuclear attacks on the                                                                          
     United States.                                                                                                             
                                                                                                                                
     HJR 11, therefore, also calls on the current President                                                                     
     to deploy the full number of ground-based missiles                                                                         
     originally intended to be installed at Fort Greely.                                                                        
     But just as this resolution was being drafted,                                                                             
     Secretary of Defense Hagel announced his decision to                                                                       
     deploy an additional 14 interceptors to Fort Greely,                                                                       
     Alaska by 2017 - bringing the total to 44 (40 in                                                                           
     Alaska, 4 at Vandenberg AFB in California)                                                                                 
                                                                                                                                
     It's clear that President Reagan was right about Star                                                                      
     Wars; that our nation needed and someday would be very                                                                     
     glad to have, a defense against the threat of ICBMs.                                                                       
                                                                                                                                
REPRESENTATIVE SADDLER concluded that HBJ 11 recognizes                                                                         
President Reagan's "Star Wars" vision, honors his commitment to                                                                 
ensure our nation maintains peace through strength, expresses                                                                   
appreciation of the brave Alaskans manning the defenses at the                                                                  
frontiers of space, and validates Defense Secretary Hegel's                                                                     
timely decision to complete the installation of the full                                                                        
complement of missiles at Fort Greely.                                                                                          
                                                                                                                                
CHAIR DYSON voiced appreciation for Representative Saddler's                                                                    
efforts.                                                                                                                        
                                                                                                                                
9:10:38 AM                                                                                                                    
SENATOR GIESSEL moved to report CSHJR 11(MLV) from committee                                                                    
with individual recommendations and attached zero fiscal note.                                                                  
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
9:11:10 AM                                                                                                                    
At ease                                                                                                                         
           SB 48-PERS CONTRIBUTIONS BY MUNICIPALITIES                                                                       
                                                                                                                                
9:12:10 AM                                                                                                                    
CHAIR DYSON announced  that the final order of  business would be                                                               
SB 48.                                                                                                                          
                                                                                                                                
DAVID  SCOTT,  Staff, Senator  Donny  Olson,  sponsor of  SB  48,                                                               
introduced  the bill.  He stated  that version  A was  before the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR  DYSON  noted  that  the   committee  has  heard  the  bill                                                               
previously. He  recalled that some  communities are  in financial                                                               
trouble and have no way to  fulfill their commitment to pay their                                                               
PERS/TRS retirement costs.  In 2008, SB 125 was  intended to keep                                                               
those  communities  from  "gaming  the  system".  The  unintended                                                               
result  of that  legislation  is that  communities decreasing  in                                                               
population  are  no  longer  able  to pay  their  share  and  are                                                               
trapped, so Senator Olson came up with a solution - SB 48.                                                                      
                                                                                                                                
MR.  SCOTT agreed  with Chair  Dyson. He  added that  SB 48  is a                                                               
solution to  a problem,  which if left  unsolved, will  result in                                                               
the state's seeing  no money from these communities.  He said the                                                               
bill is  still in process and  the other body has  a similar bill                                                               
in the works.  The sponsor wishes to help communities  get out of                                                               
debt.                                                                                                                           
                                                                                                                                
9:15:09 AM                                                                                                                    
CHAIR DYSON referred to a legal summary in members' packets.                                                                    
                                                                                                                                
SENATOR COGHILL requested an explanation  of the House version of                                                               
the bill.                                                                                                                       
                                                                                                                                
MR.  SCOTT  said   the  other  body  is  going   to  provide  for                                                               
communities  that have  lost 25  percent of  their population  by                                                               
using  the floor  created  by  HB 125  in  2008  and forgiving  a                                                               
certain amount of  debt. He noted there  is ongoing communication                                                               
between  the  other body  and  sponsor,  the state,  and  Senator                                                               
Olson's office.                                                                                                                 
                                                                                                                                
CHAIR DYSON said he does not  like the idea of continuing to deal                                                               
with this  issue on  an ad hoc  basis. A better  way might  be to                                                               
deal with it  by appropriation for a couple sessions.  He said he                                                               
was  inclined  to  pass  the   bill  on  to  the  Senate  Finance                                                               
Committee. Nothing has  been done since 2008, so there  has to be                                                               
some pressure for a solution.                                                                                                   
                                                                                                                                
SENATOR GIESSEL requested an opinion from Mr. Barnhill.                                                                         
                                                                                                                                
9:18:35 AM                                                                                                                    
MIKE BARNHILL,  Deputy Commissioner, Office of  the Commissioner,                                                               
Department of Administration, provided  information related to SB
48. He related that his office  has been involved in a discussion                                                               
since  last  fall  with  the Alaska  Municipal  League  and  both                                                               
sponsors. He  agreed that  there is  a problem  and a  variety of                                                               
solutions.  He  said  SB  48   is  a  workable  solution,  as  is                                                               
"advancing the  floor to  2012." Another solution  is to  have an                                                               
appropriation through  the Municipal  Grants Program  every year.                                                               
He  said  the  administration  leans toward  the  latter  ad  hoc                                                               
solution  and not  toward changing  the statute,  which would  be                                                               
permanent  and  problematic  if the  population  returns  to  the                                                               
community. There  is also a  fairness issue if the  community has                                                               
the ability to pay some time in the future.                                                                                     
                                                                                                                                
9:21:00 AM                                                                                                                    
CHAIR DYSON asked  how much an appropriation would be  if it were                                                               
made in this budget.                                                                                                            
                                                                                                                                
MR. BARNHILL replied  that about 23 municipalities  fall into the                                                               
delinquent  category with  the total  amount of  delinquency just                                                               
over  $6  million and,  of  that,  $4  million is  penalties  and                                                               
interest. The principal  amount owed is between $1  million to $2                                                               
million.                                                                                                                        
                                                                                                                                
CHAIR DYSON asked  how to determine which  communities deserve to                                                               
get bailed out by the state.                                                                                                    
                                                                                                                                
MR. BARNHILL  suggested paying  off the  largest bills  first. He                                                               
suggested it would be better  to earmark it through the Municipal                                                               
Grants Program.                                                                                                                 
                                                                                                                                
CHAIR  DYSON asked  if the  administration could  determine which                                                               
communities are absolutely without options.                                                                                     
                                                                                                                                
MR. BARNHILL suggested the standards set  forth in SB 48 could be                                                               
used.  He used  Galena  as an  example of  a  community that  has                                                               
communicated its needs.                                                                                                         
                                                                                                                                
9:23:48 AM                                                                                                                    
CHAIR DYSON commented  that the Institute of  Social and Economic                                                               
Research (ISER) did a study on  what makes a viable community, as                                                               
did the Denali Commission.                                                                                                      
                                                                                                                                
GREG  MOYER,  Galena  City  Manager,   testified  on  SB  48.  He                                                               
emphasized  that Galena  would  face the  same  inability to  pay                                                               
every year  because its base  salary is half  of what was  set by                                                               
law. He  suggested that  there be  a permanent  fix. He  said his                                                               
goal is to build up the city and increase the population.                                                                       
                                                                                                                                
9:26:22 AM                                                                                                                    
CHAIR DYSON asked what harm delaying this legislation would do.                                                                 
                                                                                                                                
MR. BARNHILL  explained that  the amount  owed continues  to grow                                                               
and  has persisted  for several  years. The  interest rate  of 12                                                               
percent is high. He said there  is currently not much harm to the                                                               
retirement system. He  voiced concern about the  number of cities                                                               
in noncompliance. He shared the  option of a statutory intercept,                                                               
an  abrupt  and  disruptive  option,   which  the  department  is                                                               
reluctant to  do but may  be necessary if  non-compliance becomes                                                               
more widespread.                                                                                                                
                                                                                                                                
9:28:19 AM                                                                                                                    
SENATOR WIELECHOWSKI asked what the administration recommends.                                                                  
                                                                                                                                
MR.  BARNHILL said  the preference  is  to deal  with it  through                                                               
appropriation. The administration has no position on the bill.                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if the  Governor is  willing to  put                                                               
money into future budgets for this.                                                                                             
                                                                                                                                
MR. BARNHILL  said the Municipal  Grant Program is always  in the                                                               
capital budget. He said he could not speak for the Governor.                                                                    
                                                                                                                                
9:29:40 AM                                                                                                                    
CHAIR DYSON addressed Mr. Moyer. He  said he suspects that as the                                                               
penalties  and interest  grow, Galena's  credit will  be affected                                                               
and their credit rating is weakened.                                                                                            
                                                                                                                                
MR. MOYER agreed it does have  a detrimental effect on Galena. He                                                               
believed  strongly  in  a  legislative fix,  due  to  the  yearly                                                               
liability. He stressed that Galena needs help now.                                                                              
                                                                                                                                
MR.  SCOTT said  a  single appropriation  would  still mean  that                                                               
Galena's bill would continue.                                                                                                   
                                                                                                                                
9:32:37 AM                                                                                                                    
CHAIR DYSON concluded that the state  is going to end up assuming                                                               
the communities' responsibilities due  to the arbitrary floor. He                                                               
suggested  the  penalties and  interest  should  be forgiven.  He                                                               
asked  if  the  sponsor   thought  of  retroactively  eliminating                                                               
penalties via statute.                                                                                                          
                                                                                                                                
MR. SCOTT said it was discussed, but not included in the bill.                                                                  
                                                                                                                                
9:34:03 AM                                                                                                                    
CHAIR DYSON suggested not penalizing  the communities, yet having                                                               
an  objective  evaluation of  who  should  be relieved  of  those                                                               
penalties.                                                                                                                      
                                                                                                                                
SENATOR COGHILL suggested passing the  bill on to Senate Finance.                                                               
He said  the benefit of a  statutory fix is that  the legislature                                                               
has  to deal  with it.  He  noted with  an annual  appropriation,                                                               
municipal  grant  criteria  must  be  considered.  He  questioned                                                               
whether moving the  date is the best fix, because  later it could                                                               
be amended  and cause  problems. He  liked the  idea of  a budget                                                               
amendment  which has  to be  debated each  year. He  suggested it                                                               
should be done at an appropriation  level now. The bill sets up a                                                               
structure that might not work in the future.                                                                                    
                                                                                                                                
CHAIR DYSON said there could be unintended consequences again.                                                                  
                                                                                                                                
SENATOR COGHILL  thought HB 125  might have to be  re-written due                                                               
to the economy in Alaska.                                                                                                       
                                                                                                                                
CHAIR  DYSON asked  Mr.  Barnhill  about the  cost  of making  an                                                               
appropriation.                                                                                                                  
                                                                                                                                
MR.  BARNHILL  said   between  $1  million  and   $2  million  of                                                               
principle.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI pointed  out there is still  over $4 million                                                               
owed accumulating at 12 percent interest.                                                                                       
                                                                                                                                
MR. BARNHILL  agreed. He suggested  if an appropriation  is going                                                               
to be made the entire amount should be paid.                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI   asked  about  lowering  the   12  percent                                                               
interest rate.                                                                                                                  
                                                                                                                                
MR. BARNHILL said interest rates  are to compensate the state for                                                               
the time value of money,  which is currently zero. Also, interest                                                               
rate can be punitive designed  to illicit compliance. The statute                                                               
has a  fixed rate  of 8  percent, plus  an additional  50 percent                                                               
rate. He suggested the committee  keep in mind the two components                                                               
of interest rates as they proceed.                                                                                              
                                                                                                                                
9:40:58 AM                                                                                                                    
CHAIR  DYSON asked  if  there  is $3  million  to  $4 million  in                                                               
interest and penalties.                                                                                                         
                                                                                                                                
MR. BARNHILL said yes.                                                                                                          
                                                                                                                                
SENATOR  COGHILL  pointed out  that  the  state would  be  paying                                                               
itself the  interest under an  appropriation. If  the legislature                                                               
passes the bill, it requires part of  the debt to be paid back at                                                               
a lower  interest rate and  that would draw the  communities into                                                               
the payment  method. He disliked  that an appropriation  would be                                                               
the state paying itself the interest.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked where the interest goes.                                                                             
                                                                                                                                
MR.  BARNHILL  said  that  "the  state is  paying  itself"  is  a                                                               
misnomer  because  the money  goes  into  a  trust fund  for  the                                                               
benefit of the members of the retirement system.                                                                                
                                                                                                                                
CHAIR DYSON said that is an important distinction.                                                                              
                                                                                                                                
MR. BARNHILL  emphasized that the  interest going into  the trust                                                               
fund does  not make a  meaningful difference toward  repaying the                                                               
unfunded liability.                                                                                                             
                                                                                                                                
CHAIR  DYSON  inquired  whether   a  municipality  can  file  for                                                               
bankruptcy in Alaska.                                                                                                           
                                                                                                                                
9:43:43 AM                                                                                                                    
MR. BARNHILL did not know.                                                                                                      
                                                                                                                                
CHAIR  DYSON commented  on bankruptcy.  He  said it  would be  an                                                               
interesting discussion.                                                                                                         
                                                                                                                                
CHAIR  DYSON  suggested  holding  the  bill  until  Thursday  and                                                               
compiling a  letter of intent  to the administration  regarding a                                                               
long-term solution.                                                                                                             
                                                                                                                                
SENATOR   WIELECHOWSKI   agreed.   He    said   he   thinks   the                                                               
administration knows  what's best. He  did not like  the Band-Aid                                                               
approach.                                                                                                                       
                                                                                                                                
CHAIR DYSON asked if the Department  of Law has someone who could                                                               
work on the issue.                                                                                                              
                                                                                                                                
9:46:03 AM                                                                                                                    
MR. BARNHILL said yes.                                                                                                          
                                                                                                                                
CHAIR DYSON requested information on  the status of bankruptcy in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. SCOTT suggested contacting Scott Ruby from the Department of                                                                
Commerce, Community and Economic Development.                                                                                   
                                                                                                                                
CHAIR DYSON he suggested a deadline of noon tomorrow.                                                                           
                                                                                                                                
SENATOR COGHILL asked for a "kick out provision" regarding the                                                                  
population threshold.                                                                                                           
                                                                                                                                
MR. SCOTT said he thought the sponsor would agree with that.                                                                    
                                                                                                                                
[SB 48 was held in committee.]                                                                                                  
                                                                                                                                
9:48:15 AM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Dyson adjourned the Senate State Affairs Standing                                                                         
Committee at 9:48 a.m.                                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
HJR 11 Sponsor Statement.pdf SSTA 4/2/2013 9:00:00 AM
HJR 11
HJR 11B.pdf SSTA 4/2/2013 9:00:00 AM
HJR 11
SB 48 - Sponsor Statement.pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 Version A.pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 Fiscal Note DOA-DRB-3-08-13.pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 STA Questions To & Answers From DOA.pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 E-mail on Municipal Bankruptcies in Alaska.pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 Copy of Copy of PERS Employer census 2000-2010 (3).pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 City of Pelican Statement.pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 - Legislative Research Municipal Bankruptcies in Alaska.pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 - Employers impacted by salary floor.pdf SSTA 4/2/2013 9:00:00 AM
SB 48
SB 48 - effected employers.pdf SSTA 4/2/2013 9:00:00 AM
SB 48