Legislature(2013 - 2014)

04/20/2014 04:37 PM Senate FIN


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CS FOR HOUSE BILL NO. 306(FIN)                                                                                                
                                                                                                                                
     "An Act  relating to the  review and  administration of                                                                    
     tax  credit  programs;   requiring  the  Department  of                                                                    
     Revenue  to report  indirect expenditures;  relating to                                                                    
     the   duties   of   state   agencies;   requiring   the                                                                    
     legislative   finance  division   to  analyze   certain                                                                    
     indirect  expenditures;  relating  to lapse  dates  for                                                                    
     appropriations  for  capital  projects;  repealing  the                                                                    
     insurance   tax  education   credit,  the   income  tax                                                                    
     education  credit, the  veteran employment  tax credit,                                                                    
     the oil or gas producer  education credit, the property                                                                    
     tax  education credit,  the  mining business  education                                                                    
     credit,  the fisheries  business education  credit, the                                                                    
     fisheries   business   tax   credit   for   scholarship                                                                    
     contributions,  the fisheries  business salmon  product                                                                    
     development tax  credit, the fisheries  business salmon                                                                    
     utilization tax credit,  the fisheries business landing                                                                    
     tax   credit   for   scholarship   contributions,   the                                                                    
     fisheries   resource  landing   tax   credit  for   the                                                                    
     fisheries  resource   harvested  under   the  community                                                                    
     development quota,  the fisheries resource  landing tax                                                                    
     education credit,  and the film production  tax credit;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
4:38:20 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  MOVEDMOVED  to  ADOPT  the  proposed                                                                    
committee  substitute for  HB  306,  Work Draft  28-LS1396\K                                                                    
(Nauman,  4/19/14)) as  a working  document. There  being NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
SUZANNE  ARMSTRONG,  STAFF,   SENATOR  KEVIN  MEYER,  walked                                                                    
through  the changes  in the  new version  of the  bill. She                                                                    
stated that there were two  different sets of changes in the                                                                    
document.  She   announced  that   she  would   discuss  the                                                                    
substantive  changes, and  Mr.  Anderson  would discuss  the                                                                    
sections pertaining  to the  transition language.  The first                                                                    
change  was  on Section  5,  which  was  a new  section.  It                                                                    
proposed to  delete language that pertained  to construction                                                                    
of a public facility under  AS 37.05.315(b). She stated that                                                                    
not all  grants to municipalities were  for the construction                                                                    
of a public facility, so  the section updated the statute to                                                                    
more   accurately  reflect   the  practice   of  grants   to                                                                    
municipalities, which  ranged from road  construction; water                                                                    
and  waste water  systems; public  buildings; and  equipment                                                                    
purchases. Another change was  in Section 6, which pertained                                                                    
to grants  to named recipients  AS 37.05.316, and was  a new                                                                    
section to  the bill.  It proposed to  add a  new subsection                                                                    
that  provided  that grants  to  named  recipients lapse  of                                                                    
substantial  ongoing  work  on  the project  had  not  begun                                                                    
within  five   years  after  the   effective  date   of  the                                                                    
appropriation or  allocation. It was the  same standard that                                                                    
was used under grants to  municipalities, so it was meant to                                                                    
draw  a parallel  between the  two standards.  She furthered                                                                    
that   Department  of   Commerce,  Community   and  Economic                                                                    
Development (DCCED) used the same  standard in practice when                                                                    
administering grants  to named  recipients, although  it was                                                                    
not codified in law. Another  changed occurred in Section 7,                                                                    
which was a new section to the legislation.                                                                                     
                                                                                                                                
4:44:40 PM                                                                                                                    
                                                                                                                                
Ms. Armstrong looked at Section  9, which proposed to delete                                                                    
a reference  that was  no longer  necessary in  statute. She                                                                    
announced  that  the CS  did  not  delete the  International                                                                    
Airports Construction  Fund. Section  10 was included  in HB
306, but there  were some proposed changes.  She stated that                                                                    
Section   10    pertained   to   unexpended    balances   of                                                                    
appropriations for capital projects.  Under AS 37.25.020, it                                                                    
stipulated that  an appropriation for a  capital project was                                                                    
valid  for  the life  of  the  project, and  the  unexpended                                                                    
balance  shall  be  carried  forward  to  subsequent  fiscal                                                                    
years.  The legislation  proposed  to amend  the statute  to                                                                    
include the  same language that if  substantial ongoing work                                                                    
on  the  project  had  begun within  five  years  after  the                                                                    
effective  date  of the  appropriation.  There  had been  an                                                                    
examination of  prior year capital appropriations,  and felt                                                                    
that she  could have  examined more appropriations  if given                                                                    
more  time. She  had identified  capital projects  that were                                                                    
complete,  but  had  not  been  closed  out,  and  estimated                                                                    
balances   remained.  She   was  able   to  work   with  the                                                                    
departments  to identify  the funds,  and reappropriate  the                                                                    
funds to FY  15 priorities. Under the  Executive Budget Act,                                                                    
it was loosely required that  the executive branch provide a                                                                    
capital  appropriation status  report  (CASR) annually.  The                                                                    
information in the CASR could  be helpful to the legislature                                                                    
when they considered capital programs for state agencies.                                                                       
                                                                                                                                
4:48:31 PM                                                                                                                    
                                                                                                                                
Ms.  Armstrong related  that the  next change  was found  on                                                                    
Section 17,  which proposed to  repeal four sections  of law                                                                    
that established capital projects  funds that were no longer                                                                    
utilized   for   accounting   purposed  by   Department   of                                                                    
Transportation  and  Public   Facilities  (DOT/PF)  and  the                                                                    
Office of Management and Budget (OMB).                                                                                          
                                                                                                                                
Co-Chair  Meyer  felt that  the  changes  in the  bill  were                                                                    
technical and for "clean up purposes."                                                                                          
                                                                                                                                
Senator  Dunleavy  asked  how  the  tax  credits  that  were                                                                    
outlined in  other legislation would  fit into the  bill. He                                                                    
wondered  if those  credits would  be  reviewed before  they                                                                    
were enacted. Co-Chair Meyer deferred to Mr. Anderson.                                                                          
                                                                                                                                
Vice-Chair Fairclough  wondered if  there was a  fiscal note                                                                    
to account  for the  additional reporting  requirements. Ms.                                                                    
Armstrong replied that there was  not an updated fiscal note                                                                    
from   the  two   departments   as  it   pertained  to   the                                                                    
administration  of  grants   to  the  municipalities,  named                                                                    
recipients,  and unincorporated  communities. She  explained                                                                    
that the  bill focused  on current processes  and procedures                                                                    
that DCCED, but  were not codified. She felt  that the other                                                                    
fiscal impact would be through  OMB in quickly preparing the                                                                    
CASR.                                                                                                                           
                                                                                                                                
Vice-Chair Fairclough  observed that the CASR  would already                                                                    
be used for best business practices.                                                                                            
                                                                                                                                
BRODIE  ANDERSON,  STAFF,   REPRESENTATIVE  STEVE  THOMPSON,                                                                    
stated that  there were some necessary  technical changes in                                                                    
the  CS,  in  order  to  ensure  that  the  legislation  was                                                                    
constitutional. He  looked at Session Law.  He remarked that                                                                    
some of  the effective dates  were not outlined  in statute,                                                                    
but  were  outlined  in  Session Law.  He  stated  that  the                                                                    
drafters  added some  sections of  the bill  to address  the                                                                    
Session Law. He  looked at Section 22, in  which Session Law                                                                    
that impacted the film tax credit.                                                                                              
                                                                                                                                
Vice-Chair Fairclough announced that  Section 22 was on page                                                                    
9. Mr.  Anderson agreed, and  stated that Section 22  was on                                                                    
page 9, line 18.                                                                                                                
                                                                                                                                
4:53:24 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:53:50 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Mr.  Anderson looked  at page  9, line  13, Section  22, and                                                                    
stated that  it related  to the film  tax credit.  He stated                                                                    
that Section 23 dealt with  the education tax credit session                                                                    
law.  He  explained that  Section  24  related to  both  the                                                                    
salmon  product  development  tax  credit,  and  the  salmon                                                                    
utilization  tax credit.  He  looked at  page  10, line  12,                                                                    
which was the session  law referencing the salmon production                                                                    
development  tax  credit  and  the  salmon  utilization  tax                                                                    
credit.                                                                                                                         
                                                                                                                                
Co-Chair  Meyer   inquired  what   line  Mr.   Anderson  was                                                                    
referencing. Mr.  Anderson responded that he  was looking at                                                                    
line 15.                                                                                                                        
                                                                                                                                
Mr.  Anderson continued  to  discuss  the technical  changes                                                                    
relating to Session Law.                                                                                                        
                                                                                                                                
4:58:14 PM                                                                                                                    
                                                                                                                                
Mr. Anderson stated  that there was a component  in the film                                                                    
tax credit which related to  a prequalified film tax credit.                                                                    
He  explained  that  Department   of  Revenue  (DOR)  needed                                                                    
clarification of at one point  the credits should be carried                                                                    
forward. It was the  intention that the prequalified credits                                                                    
be   issued,   so   the    language   clarified   that   the                                                                    
prequalification could be used to  claim the tax credit. The                                                                    
final change  was on page  11, lines 5  and 6, which  was an                                                                    
effective  immediate  date  for   the  report  sections.  He                                                                    
clarified that it  was in Section 30, line 10,  which was an                                                                    
effective  date  of July  1,  2014.  He explained  that  the                                                                    
capital budget  effective dates  were the  first day  of the                                                                    
fiscal  year. He  stated that  line 28,  Section 35  was the                                                                    
immediate  effective  date  for  the report  that  would  be                                                                    
created  for  both  DOR  and  Legislative  Finance  Division                                                                    
(LFD).                                                                                                                          
                                                                                                                                
Senator Dunleavy  remarked that there were  some tax credits                                                                    
included in  legislation that related to  the liquid natural                                                                    
gas  (LNG)  pipeline and  education.  He  wondered how  this                                                                    
legislation  would   impact  those  credits.   Mr.  Anderson                                                                    
responded  that the  education bill  held  tax credits  that                                                                    
impacted  corporate  income  tax;  fisheries  business  tax;                                                                    
fisheries resource landing tax;  the mining license tax; and                                                                    
the oil and gas property  and production tax. He stated that                                                                    
the  passing of  the education  bill and  HB 306  would roll                                                                    
into the 2018 sunset date for education tax credits.                                                                            
                                                                                                                                
5:02:24 PM                                                                                                                    
                                                                                                                                
Senator  Dunleavy  noted that  the  credits  would have  two                                                                    
years  of data  to  see  the outcomes  and  benefits of  the                                                                    
contributions. Mr. Anderson replied in the affirmative.                                                                         
                                                                                                                                
Senator Dunleavy  noted that there  were tax credits  in the                                                                    
gas bill  as well  and wondered  if the  amount of  time was                                                                    
sufficient.  Mr.  Anderson responded  that  HB  306 did  not                                                                    
address the oil and gas tax credits.                                                                                            
                                                                                                                                
Senator  Dunleavy remarked  that  he was  not following  the                                                                    
explanation.                                                                                                                    
                                                                                                                                
Co-Chair  Meyer   wondered  what  areas  were   exempt.  Mr.                                                                    
Anderson replied  that the tax  credits that  were addressed                                                                    
were  education tax  credits, film  production tax  credits,                                                                    
veteran's  employment  tax  credit, salmon  utilization  tax                                                                    
credit,   CDQ  tax   credit,  and   the  salmon   production                                                                    
development tax credit.                                                                                                         
                                                                                                                                
Senator Dunleavy  asked how the tax  credits were determined                                                                    
to  be included  in  the legislation.  Mr. Anderson  replied                                                                    
that in the  beginning of the bill's  formulation, there had                                                                    
been a bill that exempted any  tax credits that were part of                                                                    
Title  38.  They had  been  told  that  they could  not  use                                                                    
language  that  "tied  the  hands  of  future  legislators."                                                                    
Therefore,  they looked  at a  different way  to assign  tax                                                                    
credits.                                                                                                                        
                                                                                                                                
5:06:44 PM                                                                                                                    
                                                                                                                                
Senator Dunleavy  surmised that  there were recipients  of a                                                                    
donation  from  a  company  and   the  companies  that  were                                                                    
recipients of  a tax  credit from the  state. He  noted that                                                                    
the  LNG  bill  had  some   tax  credits  for  gas  and  oil                                                                    
companies,  but  there may  be  a  recipient that  would  be                                                                    
training  in  Fairbanks.  He  wondered  how  the  labor  and                                                                    
training tax  credits would be impacted  by the legislation.                                                                    
Mr.  Anderson  responded  that those  proposed  tax  credits                                                                    
would  be  listed  in  the  report  section,  and  could  be                                                                    
evaluated. He  stressed that the  bill did not  sunset those                                                                    
credits or evaluations.                                                                                                         
                                                                                                                                
Senator  Bishop surmised  that the  oil  and gas  production                                                                    
credits that applied to the  education and training would be                                                                    
immune from the legislation.  Mr. Anderson responded that he                                                                    
would have to examine the specific statute.                                                                                     
                                                                                                                                
Senator Bishop  surmised that  the legislature  would review                                                                    
the  credit report,  and he  wondered  if there  would be  a                                                                    
matrix to outline a proper  decision. Mr. Anderson responded                                                                    
that  DOR  must  create  a report,  and  there  were  strict                                                                    
guidelines about  the drafting of  the report. Then  LFD was                                                                    
then obligated  to answer the questions  within the statute,                                                                    
to  analyze the  ratios and  benefits of  the credits,  then                                                                    
provide a  recommendation. He stated  that LFD  was required                                                                    
to provide the methodology for the conclusion.                                                                                  
                                                                                                                                
Senator Dunleavy  wondered if the  bill prevented  other tax                                                                    
credits from being created by  statute. Mr. Anderson replied                                                                    
in the negative.                                                                                                                
                                                                                                                                
5:11:38 PM                                                                                                                    
                                                                                                                                
Senator  Dunleavy   wondered  what  determined  a   new  tax                                                                    
credit's sunset  for review. Mr.  Anderson replied  that the                                                                    
bill  that created  the tax  credit would  include a  sunset                                                                    
date, unless it was a  component of the listed education tax                                                                    
credit.                                                                                                                         
                                                                                                                                
Ms.  Armstrong furthered  that often  times the  legislature                                                                    
would  create credits,  deductions,  or monetary  incentives                                                                    
for  activity  without  any   comprehensive  review  of  the                                                                    
performance of the  credits. She stressed that  the focus of                                                                    
the   bill  was   on  bringing   the   evaluations  to   the                                                                    
legislature's  attention and  the cumulative  impact on  the                                                                    
treasury of the state.                                                                                                          
                                                                                                                                
Senator Bishop  surmised that  the bill  was a  cost benefit                                                                    
analysis  of  each  credit. Ms.  Armstrong  replied  in  the                                                                    
affirmative, with other capital budget items.                                                                                   
                                                                                                                                
Vice-Chair Fairclough directed  the committee's attention to                                                                    
the fiscal notes.                                                                                                               
                                                                                                                                
Vice-Chair Fairclough MOVED to  REPORT SCS CSHB 306(FIN) out                                                                    
of  committee   with  individual  recommendations   and  the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
SCS  CSHB  306(FIN)  was  REPORTED  out  of  committee  with                                                                    
"individual   recommendations"   and   with   a   previously                                                                    
published   zero  fiscal   note:   FN1(CED),  a   previously                                                                    
published zero fiscal note:  FN2(CED),  previously published                                                                    
indeterminate fiscal note:  FN3(LWD), a previously published                                                                    
zero   fiscal  note:   FN4(DNR),   a  previously   published                                                                    
indeterminate fiscal note:  FN5(CED), a previously published                                                                    
fiscal  impact note:  FN6(LEG), and  a previously  published                                                                    
fiscal impact note: FN7(REV).                                                                                                   
                                                                                                                                
5:17:50 PM                                                                                                                    
RECESSED                                                                                                                        
                                                                                                                                
7:31:34 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

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