Legislature(2021 - 2022)GRUENBERG 120

02/24/2022 03:00 PM House STATE AFFAIRS

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Audio Topic
03:05:49 PM Start
03:07:24 PM HB37
03:25:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 37 INCOME TAX; PERMANENT FUND; EARNINGS RES. TELECONFERENCED
Moved CSHB 37(STA) Out of Committee
**Streamed live on AKL.tv**
        HB 37-INCOME TAX; PERMANENT FUND; EARNINGS RES.                                                                     
                                                                                                                                
3:07:24 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the only order  of business                                                               
would be  HOUSE BILL NO.  37, "An  Act relating to  deposits into                                                               
the dividend fund; relating to  income of and appropriations from                                                               
the earnings reserve account; relating  to the taxation of income                                                               
of  individuals,   partners,  shareholders  in   S  corporations,                                                               
trusts,  and   estates;  relating   to  a  payment   against  the                                                               
individual   income  tax   from  the   permanent  fund   dividend                                                               
disbursement; repealing  tax credits  applied against the  tax on                                                               
individuals under  the Alaska Net  Income Tax Act;  and providing                                                               
for  an  effective  date."     [Before  the  committee  was  CSHB
37(W&M).]                                                                                                                       
                                                                                                                                
3:08:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ADAM   WOOL,  Alaska  State   Legislature,  prime                                                               
sponsor, provided brief introductory remarks.                                                                                   
                                                                                                                                
CHAIR KREISS-TOMKINS moved to adopt  Amendment 1 to CSHB 37(W&M),                                                               
labeled 32-LS0275\B.3, Nauman, 2/10/22, which read as follows:                                                                  
                                                                                                                                
     Page 2, lines 20 - 31:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
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          Delete ", as amended by sec. 2, ch. 16, SLA                                                                         
     2018,"                                                                                                                     
                                                                                                                                
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          Delete "2020"                                                                                                         
          Insert "2022"                                                                                                         
                                                                                                                                
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          Delete "2021"                                                                                                         
          Insert "2022"                                                                                                         
                                                                                                                                
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          Delete "2022"                                                                                                         
          Insert "2024"                                                                                                         
                                                                                                                                
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          Delete "sec. 10"                                                                                                      
          Insert "sec. 9"                                                                                                       
                                                                                                                                
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          Delete "sec. 10"                                                                                                      
          Insert "sec. 9"                                                                                                       
                                                                                                                                
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          Delete "Section 18"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
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          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 31, line 6:                                                                                                           
          Delete "1 - 8, 11 - 13, 15, and 17"                                                                                   
          Insert "1 - 7, 10 - 12, 14, and 16"                                                                                   
          Delete "2021"                                                                                                         
          Insert "2022"                                                                                                         
                                                                                                                                
     Page 31, line 7:                                                                                                           
          Delete "secs. 20 - 22"                                                                                                
          Insert "secs. 19 and 20"                                                                                              
                                                                                                                                
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          Delete "2022"                                                                                                         
          Insert "2024"                                                                                                         
                                                                                                                                
REPRESENTATIVE CLAMAN objected for the purpose of discussion.                                                                   
                                                                                                                                
3:08:45 PM                                                                                                                    
                                                                                                                                
KEN ALPER, Staff, Representative Adam Wool, Alaska State                                                                        
Legislature, on behalf of Representative Wool, prime sponsor,                                                                   
explained Amendment 1, which proposed an effective date change.                                                                 
                                                                                                                                
CHAIR KREISS-TOMKINS invited questions from committee members.                                                                  
                                                                                                                                
3:10:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN removed his objection.  There being no                                                                    
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
3:10:42 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS moved to adopt Amendment 2 to CSHB 37(W&M),                                                                
as amended, labeled 32-LS0275\B.4, Nauman, 2/11/22, which read                                                                  
as follows:                                                                                                                     
                                                                                                                                
     Page 10, line 13:                                                                                                          
          Delete "The"                                                                                                          
          Insert "Subject to adjustment under (d) of this                                                                       
     section, the"                                                                                                              
                                                                                                                                
     Page 10, line 15:                                                                                                          
          Delete "$12,550"                                                                                                      
          Insert "$12,950"                                                                                                      
                                                                                                                                
     Page 10, line 17:                                                                                                          
          Delete "$18,800"                                                                                                      
          Insert "$19,400"                                                                                                      
                                                                                                                                
     Page 10, line 18:                                                                                                          
          Delete "$25,100"                                                                                                      
          Insert "$25,900"                                                                                                      
                                                                                                                                
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          Delete "$12,550"                                                                                                      
          Insert "$12,950"                                                                                                      
                                                                                                                                
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          Delete "$12,550"                                                                                                      
          Insert "$12,950"                                                                                                      
                                                                                                                                
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          Delete "$18,800"                                                                                                      
          Insert "$19,400"                                                                                                      
                                                                                                                                
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          Delete "$18,800"                                                                                                      
          Insert "$19,400"                                                                                                      
                                                                                                                                
     Page 11, line 2:                                                                                                           
          Delete "$25,100"                                                                                                      
          Insert "$25,900"                                                                                                      
                                                                                                                                
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          Delete "$25,100"                                                                                                      
          Insert "$25,900"                                                                                                      
                                                                                                                                
     Page 11, following line 11:                                                                                                
          Insert a new subsection to read:                                                                                      
          "(d)  Each year, the department shall adjust the                                                                      
     amounts  of the  standard deduction  under (b)  of this                                                                    
     section for inflation. The  adjustment for inflation is                                                                    
     equal to  the adjustment  for inflation  calculated for                                                                    
     the standard  deduction against the federal  income tax                                                                    
     as set out in 26 U.S.C. 63."                                                                                               
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
REPRESENTATIVE CLAMAN objected for the purpose of discussion.                                                                   
                                                                                                                                
3:10:58 PM                                                                                                                    
                                                                                                                                
MR. ALPER  explained that Amendment  2 would adjust  the standard                                                               
deduction  to  maintain  consistency with  current  federal  law,                                                               
which updates each year.                                                                                                        
                                                                                                                                
3:12:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN, referencing  the legal memorandum, titled                                                               
"HB  37  Amendment B.4  (standard  deduction)"  [included in  the                                                               
committee  packet],  wondered  whether  other  options  had  been                                                               
considered.                                                                                                                     
                                                                                                                                
MR.  ALPER indicated  that Legislative  Legal Services  wanted to                                                               
avoid tying state  law to federal code.   Nonetheless, he pointed                                                               
out  that there  were  "dozens" of  instances  in Alaska  Statute                                                               
where that occurred.   He believed that giving  Alaskans the same                                                               
benefit of nontaxable  income as the federal  government would be                                                               
the easiest path forward.                                                                                                       
                                                                                                                                
3:14:12 PM                                                                                                                    
                                                                                                                                
MR.   ALPER,   in  response   to   a   follow-up  question   from                                                               
Representative  Eastman, said  adding  "not  less than"  language                                                               
would mean that someone at  the Department of Revenue (DOR) would                                                               
need to assign a standard deduction  each year, which would be an                                                               
unconstitutional   delegation  of   legislative   power  to   the                                                               
executive branch.                                                                                                               
                                                                                                                                
3:14:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY asked for the  bill sponsor's opinion on the                                                               
legal memorandum.                                                                                                               
                                                                                                                                
REPRESENTATIVE WOOL  believed it  was wise  to link  the standard                                                               
deduction to  the federal  amount, as it  would change  over time                                                               
with inflation.   In agreement with Mr. Alper,  he reiterated his                                                               
lack of concern  with the legal memorandum, as  "dozens" of state                                                               
laws were linked to federal code.                                                                                               
                                                                                                                                
REPRESENTATIVE CLAMAN shared his  understanding that with respect                                                               
to the  topic of indexing  for inflation and tying  certain state                                                               
statutes to  the national standard,  the legal  memorandum should                                                               
be perceived as a warning.   He believed that Amendment 2 offered                                                               
a reasonable approach.                                                                                                          
                                                                                                                                
3:17:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew his objection.                                                                                  
                                                                                                                                
REPRESENTATIVE  CLAMAN withdrew  his objection.   There  being no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
CHAIR KREISS-TOMKINS invited closing  comments pertaining to CSHB
37(W&M), as amended.                                                                                                            
                                                                                                                                
3:18:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR said she would  not object to moving the bill                                                               
from committee today;  however, she did not  support the proposal                                                               
in its  entirety.  Specifically, she  expressed concern regarding                                                               
the dividend provision and the proposed PFD amount.                                                                             
                                                                                                                                
3:19:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN characterized  the proposed legislation as                                                               
a "different  approach" to  the state's  financial problems.   He                                                               
indicated that he disagreed with  the argument that Alaskans were                                                               
taxed the lowest in  the nation.   He opined  that the bill would                                                               
solve the state's problem at the expense of the people.                                                                         
                                                                                                                                
3:20:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  appreciated the  hard  work  put into  the                                                               
bill, opining  that Alaska needed  certainty about  its financial                                                               
future.  She believed that the  lack of a fiscal plan was costing                                                               
the  state  investment revenue  and  talented  individuals.   She                                                               
expressed her support for the proposed legislation.                                                                             
                                                                                                                                
REPRESENTATIVE  CLAMAN  echoed  Representative  Tarr's  comments,                                                               
explaining that  he was undecided on  his stance on the  bill but                                                               
happy to move it from committee today.                                                                                          
                                                                                                                                
REPRESENTATIVE VANCE said she would  be opposing the bill to stay                                                               
consistent with her word and her constituents.                                                                                  
                                                                                                                                
3:22:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  moved to report CSHB  37(W&M), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
3:23:07 PM                                                                                                                    
                                                                                                                                
A  roll  call  vote  was taken.    Representatives  Tarr,  Story,                                                               
Claman,  and  Kreiss-Tomkins  voted   in  favor  of  moving  CSHB
37(W&M), as  amended, from committee.   Representatives Vance and                                                               
Eastman voted against  it.  Therefore, CSHB  37(STA) was reported                                                               
out of  the House State Affairs  Standing Committee by a  vote of                                                               
4-2.                                                                                                                            

Document Name Date/Time Subjects
HB 37 Amendment B.3 (effective date) -- Kreiss-Tomkins.pdf HSTA 2/24/2022 3:00:00 PM
HB 37
HB 37 Amendment B.4 (standard deduction) -- Kreiss-Tomkins.pdf HSTA 2/24/2022 3:00:00 PM
HB 37
HB 37 Legal Memo re Amendment B.4 (standard deduction)_22-061mjt.pdf HSTA 2/24/2022 3:00:00 PM
HB 37
Revised HB 37 Fiscal Note PF-PFD-1-24-22.pdf HSTA 2/24/2022 3:00:00 PM
HB 37
HB 37 Amendments with vote tally_H STA_02.24.22.pdf HSTA 2/24/2022 3:00:00 PM
HB 37