Legislature(1993 - 1994)

1993-03-12 House Journal

Full Journal pdf

1993-03-12                     House Journal                      Page 0620
HB 226                                                                       
HOUSE BILL NO. 226 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to interest rates and calculation of interest under          
certain judgments and decrees and on refunds of certain taxes,                 
royalties, or net profit shares; and providing for an effective date."         
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
The following fiscal notes apply to HB 226:                                    
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/12/93                        
Zero fiscal note, Dept. of Revenue, 3/12/93                                    
Zero fiscal note, Dept. of Transportation & Public Facilities, 3/12/93         

1993-03-12                     House Journal                      Page 0621
HB 226                                                                       
The Governor's transmittal letter, dated March 12, 1993, appears               
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to statutory interest rates.  This bill would     
change the rate of prejudgment interest and interest paid on judgments         
and decrees, issued by Alaska courts, from 10.5 percent to the market          
rate for certain investments.  The bill would also lower the rate of           
interest payable by the state on overpayments of taxes under AS43              
and royalty and net profit shares under AS38.  Both changes should             
have substantial cost savings for the state.                                   
                                                                               
                                                                               
As to interest on court judgments and decrees, AS09.30.070 presently           
requires that the rate of interest is 10.5 percent a year, unless a            
different lawful rate was established by written contract between the          
parties.  Additionally, prejudgment interest is also paid at the 10.5          
percent rate.  Currently, these statutory rates substantially exceed the       
present market rate for investments.  The result is a bonanza for              
individuals who receive a favorable judgment.  Also, with the statutory        
interest rate being fixed, the rate does not automatically respond to          
market rate increases during periods of high inflation, exceeding the          
10.5 percentage rate.  The result is that the individual who prevails          
suffers an additional loss when a judgment or decree is not timely paid        
or is paid in installments.                                                    
                                                                               
                                                                               
Section 1 of the bill remedies these problems by requiring that interest       
rates on judgments and prejudgment interest be set at the market rate          
for the sale of federal treasury bills.  The bill would continue to allow      
individuals to establish a different interest rate on judgment by              
agreement, so long as the rate is not usurious, under state law.  Section      
1 of the bill also makes changes relating to the calculation of interest.      
                                                                               
                                                                               
Section 2 of the bill changes the interest rate payable by the state on        
refunds of overpaid taxes under AS43 and natural resources royalties           
and net profit shares under AS38.  The bill amends AS38.05.135(e)              
and AS43.05.280(a) by reducing the interest rate payable by the state          

1993-03-12                     House Journal                      Page 0622
HB 226                                                                       
on refunds of these overpaid taxes, royalties, and net profit shares from      
five points to two points over the quarterly Federal Reserve discount          
rate.  The present five percentage points over the Federal Reserve             
discount rate for both underpayment and overpayment was designed as            
an across-the-board interest rate increase to discourage underpayment          
of these sums by those obligated to make those payments.  While                
having that intended effect, it is also establishing the state as a            
favorable depository of investment funds yielding a much higher rate           
of interest than any other savings in banking institutions.  The payment       
of those  high yields is coming directly out of the state treasury and is      
not a prudent use of state resources in these years of declining               
available state revenue.                                                       
                                                                               
                                                                               
This bill would leave in place the provisions that discourage                  
underpayment to the state, while removing the incentive to achieve             
high yields by overpaying.  Also, the bill protects taxpayers in that if       
the overpayment was made in response to a correction made by the               
applicable department, the state would pay a higher interest rate, as          
already provided in statute.                                                   
                                                                               
                                                                               
I urge your prompt consideration and passage of this bill.                     
                                                                               
      Sincerely,                                                               
      /s/                                                                      
      Walter J. Hickel                                                         
      Governor"