Legislature(2021 - 2022)SENATE FINANCE 532

09/10/2021 09:00 AM Senate FINANCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
09:08:18 AM Start
09:10:23 AM SB53
10:09:45 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 53 PERM FUND; ADVISORY VOTE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB3003 APPROP: OPERATING; PERM FUND; EDUCATION TELECONFERENCED
Scheduled but Not Heard
Bills Previously Heard/Scheduled
                 SENATE FINANCE COMMITTEE                                                                                       
                   THIRD SPECIAL SESSION                                                                                        
                    September 10, 2021                                                                                          
                         9:08 a.m.                                                                                              
                                                                                                                                
9:08:18 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Bishop called the Senate Finance Committee meeting                                                                     
to order at 9:08 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Co-Chair                                                                                                  
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson (via teleconference)                                                                                        
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Natasha von Imhof                                                                                                       
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator Gary Stevens.                                                                                                           
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Brian Fechter, Deputy Commissioner, Department of Revenue;                                                                      
Bill Milks, Assistant Attorney General, Department of Law.                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 53     PERM FUND; ADVISORY VOTE                                                                                              
                                                                                                                                
          SB 53 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
CSHB 3003(FIN) am (brf sup maj fld)                                                                                             
          APPROP: OPERATING; PERM FUND; EDUCATION                                                                               
                                                                                                                                
          CSHB 3003(FIN) am (brf sup maj fld) was SCHEDULED                                                                     
          but not HEARD.                                                                                                        
                                                                                                                                
SENATE BILL NO. 53                                                                                                            
                                                                                                                                
     "An  Act  relating  to  use of  income  of  the  Alaska                                                                    
     permanent  fund;   relating  to   the  amount   of  the                                                                    
     permanent fund dividend; relating  to the duties of the                                                                    
     commissioner of  revenue; relating to an  advisory vote                                                                    
     on the permanent fund; providing  for an effective date                                                                    
     by repealing the effective date  of sec. 8, ch. 16, SLA                                                                    
     2018; and providing for an effective date."                                                                                
                                                                                                                                
9:10:23 AM                                                                                                                    
                                                                                                                                
BRIAN  FECHTER, DEPUTY  COMMISSIONER, DEPARTMENT  OF REVENUE                                                                    
(via    teleconference),    discussed   the    presentation,                                                                    
"Permanent Fund Statutory Changes  CS SB53 (JUD); Department                                                                    
of  Revenue;  Brian  Fechter,  Deputy  Commissioner;  Senate                                                                    
Finance Committee;  September 10,  2021" (copy on  file). He                                                                    
addressed slide 2, "Agenda":                                                                                                    
                                                                                                                                
     1. Basic Elements of the Bill                                                                                              
     2. Senate Judiciary Intent Language                                                                                        
     3. SB 53 Mechanics                                                                                                         
     4. Sectional Analysis                                                                                                      
                                                                                                                                
Mr.  Fechter  looked at  slide  3,  "Basic Elements  of  the                                                                    
Bill":                                                                                                                          
                                                                                                                                
     ? Provides an equitable  PFD distribution for Alaskans:                                                                    
     50 percent of the POMV Draw                                                                                                
     ? Provides  for a  structured approach to  drawing from                                                                    
     the  Permanent  Fund  in the  constitution   Transition                                                                    
     period with one-time  fiscal measure (2-year structured                                                                    
     draw)                                                                                                                      
     ? Makes  the PFD  change conditioned  on constitutional                                                                    
     protection of the Permanent Fund.                                                                                          
                                                                                                                                
Mr. Fechter  thought the  core of the  bill asked  one major                                                                    
policy  question:   whether  permanent  protection   of  the                                                                    
Permanent Fund  was worth the  price of entry of  a one-time                                                                    
additional draw from the Permanent  Fund. He offered context                                                                    
that  the  fund had  earned  a  9.1 percent  average  annual                                                                    
return since inception, while at  the same time from 1982 to                                                                    
2018 (when the  percent of market value  (POMV) draw began),                                                                    
the state had only taken  draws for dividends. The draws had                                                                    
averaged 2.8  percent. He liked  to consider the  proposal a                                                                    
one-time additional draw that had  been followed by 40 years                                                                    
of much more conservative draws.                                                                                                
                                                                                                                                
Mr. Fechter  pointed to slide  4, "Legislative  Intent Added                                                                    
By Senate Judiciary":                                                                                                           
                                                                                                                                
     (1)   implement  the   recommendations   of  the   2021                                                                    
     Comprehensive Fiscal Plan Working Group;                                                                                   
     (2)  Address the  conflict between  POMV and  Statutory                                                                    
     PFD calculations                                                                                                           
     (3) One-time  fiscal measure,  leveraging unprecedented                                                                    
     earnings currently available in the ERA                                                                                    
     (4)  Revert back  to  current  law in  the  event of  a                                                                    
     failure of a Comprehensive Fiscal Plan.                                                                                    
                                                                                                                                
Mr. Fechter noted  that the POMV had  produced $3.06 billion                                                                    
in  the current  year,  while the  statutory Permanent  Fund                                                                    
Dividend (PFD) would  be $2.5 billion. He  thought there was                                                                    
an inherent  conflict in  which there  was not  enough funds                                                                    
between the PFD  and government services. He  cited that the                                                                    
Permanent Fund had added $18.6  billion in value in the last                                                                    
fiscal year, and the proposed  one-time measure would amount                                                                    
to about  10 percent of  the gains  seen in the  past fiscal                                                                    
year.                                                                                                                           
                                                                                                                                
9:13:52 AM                                                                                                                    
                                                                                                                                
Mr. Fechter addressed slide 5, "Mechanics of CSSB 53(JUD)":                                                                     
                                                                                                                                
     ? Each  year the  legislature may appropriate  at least                                                                    
     50 percent of the 5 percent POMV for PFDs                                                                                  
     ? Each  year the legislature  may appropriate up  to 50                                                                    
     percent of the 5 percent POMV for Government                                                                               
     ? The  above transfers shall  not exceed the  5 percent                                                                    
     POMV amount                                                                                                                
          ?Except For FY2022 and FY2023 the POMV will be                                                                        
          6.5 percent                                                                                                           
                                                                                                                                
Mr. Fechter  specified that the  committee put in  the words                                                                    
"up  to" 50  percent of  the POMV  (as shown  on the  second                                                                    
bullet),  in  order  to  plan  for  any  sort  of  financial                                                                    
windfall, such  as the $1 billion  Federal Energy Regulatory                                                                    
Commission (FERC)  settlement the  state had  received years                                                                    
previously, or the contingency that  the price of oil return                                                                    
to $100 per barrel or more.  He pointed out the table on the                                                                    
middle  of  the  slide,  which  showed  the  impact  of  the                                                                    
additional  1.5 percent  draw for  FY  22 and  FY 23  before                                                                    
returning  to   the  5  percent.  He   thought  many  people                                                                    
misunderstood the 5  POMV percent draw, which  was 5 percent                                                                    
of  a  lagged  5-year  average.  He  shared  that  the  true                                                                    
effective draw rate  of the 5-year POMV was  3.8 percent. He                                                                    
asserted that if  the rate was moved to a  6.5 percent POMV,                                                                    
it would be closer to a true 5 percent draw.                                                                                    
                                                                                                                                
Mr. Fechter continued that the  bill would add an additional                                                                    
$920 million to  state revenues in FY 22,  and an additional                                                                    
$1 billion in FY 23. He liked  to think that the state had a                                                                    
cash  flow problem,  because the  Permanent  Fund had  grown                                                                    
significantly  and  consequently  the  POMV  had  grown.  He                                                                    
thought many policymakers considered  the low balance of the                                                                    
Constitutional   Budget  Reserve   (CBR)  and   the  ongoing                                                                    
deficits  and future  revenues. He  thought a  "patchwork of                                                                    
solutions"  was needed  to get  for the  state to  get to  a                                                                    
point  where only  modest revenues  and reductions  would be                                                                    
required to pay a 50/50  PFD, and that the solution proposed                                                                    
in  the bill  was the  additional 1.5  percent draw  for the                                                                    
following two years.                                                                                                            
                                                                                                                                
Co-Chair  Bishop asked  if Mr.  Fechter  had calculated  the                                                                    
lost  opportunity  cost  of   the  proposed  additional  1.5                                                                    
percent draw for over a 20-year period.                                                                                         
                                                                                                                                
Mr. Fechter  agreed to provide  specific numbers at  a later                                                                    
time but  suggested that  in general  a $1.9  billion excess                                                                    
draw would be something close  to $80 million to $90 million                                                                    
in recurring revenue.                                                                                                           
                                                                                                                                
Co-Chair  Bishop  relayed that  the  committee  had heard  a                                                                    
recent presentation  that indicated  a $2.7  billion deposit                                                                    
had made over  $21 billion over the 30-plus  year history of                                                                    
the fund. He  reiterated the request for  numbers related to                                                                    
the lost opportunity cost.                                                                                                      
                                                                                                                                
Mr. Fechter agreed to provide that information.                                                                                 
                                                                                                                                
9:17:34 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  was confused  about the mix  of arithmetic                                                                    
and geometric returns as shown  on the slide. He thought the                                                                    
slide was a little misleading  when looking at the effective                                                                    
rate  for  the  draw  and taking  a  five-year  average.  He                                                                    
thought  the   argument  was  misleading.  He   asked  about                                                                    
concerns expressed by the  Alaska Permanent Fund Corporation                                                                    
(APFC)  in doing  an  ad hoc  draw and  if  it affected  the                                                                    
fund's management style.                                                                                                        
                                                                                                                                
Mr. Fechter replied  that in any endowment there  was a "tug                                                                    
of war" between  the conservatives of the  endowment and the                                                                    
beneficiaries of  the endowment.  He cited that  people were                                                                    
behind  on expenses  because of  the  pandemic and  asserted                                                                    
there was  a natural conflict between  wanting more spending                                                                    
and conserving for  the future. He thought  the state needed                                                                    
to find a balance between the two.                                                                                              
                                                                                                                                
Co-Chair Stedman  felt that Mr.  Fechter's response  was not                                                                    
adequate. He restated the  question regarding the management                                                                    
impact of an ad hoc draw  on the Permanent Fund, and to what                                                                    
magnitude  did   the  proposed  ad  hoc   draws  affect  the                                                                    
Permanent   Fund.  He   wanted   to   know  the   managerial                                                                    
expectations without a political twist.                                                                                         
                                                                                                                                
Mr.  Fechter replied  that there  was always  an opportunity                                                                    
cost  of a  dollar spent  today that  would not  gain future                                                                    
interest  and  asserted  that  the same  was  true  for  the                                                                    
current 5  percent POMV. He  opined that the bottom  line of                                                                    
the legislation was  that the one additional  draw was meant                                                                    
to   buy  constitutional   protection  forever   for  future                                                                    
generations of Alaskans. He thought  a number of people were                                                                    
concerned about  what might happen  if the CBR  was depleted                                                                    
and  the state  was  forced  to take  ad  hoc  draws on  the                                                                    
Earnings Reserve Account  (ERA), which he thought  be a much                                                                    
worse situation  than taking a one-time  planned overdraw in                                                                    
a year of record earnings.                                                                                                      
                                                                                                                                
Co-Chair Stedman  thought there would be  a more informative                                                                    
answer from  APFC about the  impact the proposed  draw would                                                                    
have.                                                                                                                           
                                                                                                                                
9:21:38 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:22:08 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Stedman  requested  that there  be  representation                                                                    
from the  APFC to speak to  the impact of any  actions taken                                                                    
at the table.                                                                                                                   
                                                                                                                                
Co-Chair Bishop made note of  Co-Chair Stedman's request and                                                                    
stated that it would be forthcoming.                                                                                            
                                                                                                                                
Mr. Fechter looked at slide 6, "Mechanics of CS SB53(JUD)":                                                                     
                                                                                                                                
     ?With a 2-year measure  the budget comes close to                                                                          
     being balanced.                                                                                                            
     ?Withdrawn amendment would have reduced the POMV for a                                                                     
     period of 5 years to "pay-back" the fund                                                                                   
                                                                                                                                
Mr. Fechter  addressed the  table on  slide 6,  which showed                                                                    
the state's  fiscal picture  with a  50/50 PFD.  He directed                                                                    
attention  to  the bottom  line  that  showed a  $1  billion                                                                    
deficit  with a  50/50 PFD  and the  enacted budget.  If the                                                                    
additional revenues from SB 53  were added in, the state was                                                                    
within $70 million  of being balanced. He cited  that he had                                                                    
added in  an oil price  update that included  an approximate                                                                    
$300 million surplus under the scenario.                                                                                        
                                                                                                                                
He  referenced   a  discussion   in  the   Senate  Judiciary                                                                    
Committee  regarding  an  amendment  (which  was  ultimately                                                                    
withdrawn)  that proposed  to reduce  the POMV  draw to  4.5                                                                    
percent for  the next  five years,  to effectively  pay back                                                                    
the  proposed  one-time  draw.   He  thought  the  amendment                                                                    
proposed  a  clever  solution to  hold  the  Permanent  Fund                                                                    
harmless  throughout the  state's cash  flow issues,  and he                                                                    
thought the committee might want to consider the idea.                                                                          
                                                                                                                                
9:24:02 AM                                                                                                                    
                                                                                                                                
Co-Chair   Stedman   reminded   that   the   committee   had                                                                    
discussions on the 5 percent  draw rate with projects in the                                                                    
financial markets,  and it had  appeared that the  5 percent                                                                    
was  too  high.  He  relayed that  the  discussion  revolved                                                                    
around whether to consider lowering  the rate because of the                                                                    
forecast returns in the financial  market in the next decade                                                                    
and taking into account inflationary impacts.                                                                                   
                                                                                                                                
Co-Chair  Bishop thought  the committee  had considered  the                                                                    
ten-year forecast  when Callan  was testifying  in committee                                                                    
the previous  February and suggested  checking with  APFC to                                                                    
see if the forecast was still accurate.                                                                                         
                                                                                                                                
Senator Wilson  noted that the  slide only considered  up to                                                                    
FY 22  and not beyond.  He asked about the  building funding                                                                    
gap.                                                                                                                            
                                                                                                                                
Mr. Fechter replied  that because the POMV was  based upon a                                                                    
five-year  lagging  average,  the  state  only  received  20                                                                    
percent of the  benefit of the earnings of  the current year                                                                    
in each  year. For FY  23, there  was about $300  million in                                                                    
additional POMV  revenue coming to  the state, and  the POMV                                                                    
average  would continue  to  build and  add  revenue to  the                                                                    
state.  He  noted  that  there were  other  impacts  to  the                                                                    
budget,  including  a  number of  budget  items  that  would                                                                    
cease. He explained that if  the state continued to make oil                                                                    
and gas tax  credit payments, the balance would  be paid off                                                                    
by FY 27. There were a  number of school debt issuances that                                                                    
were scheduled  to be paid  off in the following  two years.                                                                    
He thought retirement payments were  expected to be reduced.                                                                    
He summarized that the deficit  was expected to close in the                                                                    
out years.                                                                                                                      
                                                                                                                                
Co-Chair Bishop wanted to point  out that there were members                                                                    
that had zeroed  out the school construction  list one year,                                                                    
and next year it had come  back. He noted there were ongoing                                                                    
school and construction costs.                                                                                                  
                                                                                                                                
Mr.  Fechter addressed  slide  7, "Mechanics  of  CS for  SB
53(JUD) - Conditional Effects":                                                                                                 
                                                                                                                                
     ?  The  bill  is  designed  to run  in  tandem  with  a                                                                    
     constitutionally protecting the  Permanent Fund and the                                                                    
     PFD                                                                                                                        
     ? This  50/50 PFD change  only effective if  the voters                                                                    
     approve a Constitutional  fix at the ballot  box AND at                                                                    
     least $160 million in revenue  measures is enacted into                                                                    
     law by the 32nd legislature.                                                                                               
     ? The intent  of the conditional effective  dates is to                                                                    
     ensure  a  complete  fiscal plan  is  enacted  per  the                                                                    
     fiscal working group recommendations                                                                                       
                                                                                                                                
9:28:00 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  wondered about  the proposed  $160 million                                                                    
in   revenue  and   had  not   seen  submissions   from  the                                                                    
legislature.                                                                                                                    
                                                                                                                                
Mr.  Fechter relayed  that  the bill  put  forward from  the                                                                    
Senate  Judiciary Committee  had been  silent upon  what the                                                                    
$160   million   measures   could  be.   He   referenced   a                                                                    
presentation  the department  gave with  the House  Ways and                                                                    
Means Committee that he could share.                                                                                            
                                                                                                                                
Co-Chair Stedman wanted to  see the administration's revenue                                                                    
or   tax   bills   submitted    to   the   legislature   for                                                                    
consideration. He did not want  to hear a concept but wanted                                                                    
to have something to work on.                                                                                                   
                                                                                                                                
Senator Wilson  recalled that Mr. Fechter  had asserted that                                                                    
doing a 6.5  percent draw would bring forth  new revenue. He                                                                    
asked   if    the   administration   would    consider   the                                                                    
aforementioned $160  million in  revenue to  be part  of the                                                                    
1.5 percent increase on the POMV draw.                                                                                          
                                                                                                                                
Mr. Fechter asked for a restatement of the question.                                                                            
                                                                                                                                
Senator  Wilson referenced  the  second bullet  on slide  7,                                                                    
which  mentioned  $160  million   in  new  revenue  measures                                                                    
enacted  by  law. He  thought  slide  5 indicated  that  the                                                                    
administration considered  the proposed 6.5 percent  draw to                                                                    
be  new additional  revenue.  He asked  if  the new  revenue                                                                    
would be  considered a part  of the $160 million  in revenue                                                                    
mentioned on slide 7.                                                                                                           
                                                                                                                                
Mr. Fechter replied that he  could only speculate the intent                                                                    
of the  amendment, but assumed  that the intent was  to have                                                                    
additional  revenues  above  and  beyond the  two  years  of                                                                    
higher POMV draw.                                                                                                               
                                                                                                                                
Senator Wilson  asked if the  department would  consider the                                                                    
$160  million above  and beyond  the additional  1.5 percent                                                                    
draw.                                                                                                                           
                                                                                                                                
Mr.   Fechter   could   not  speak   specifically   to   the                                                                    
interpretation. He  thought someone  from the  Department of                                                                    
Law could address the question.                                                                                                 
                                                                                                                                
9:32:20 AM                                                                                                                    
                                                                                                                                
BILL MILKS,  ASSISTANT ATTORNEY  GENERAL, DEPARTMENT  OF LAW                                                                    
(via  teleconference),  stated  he   would  be  providing  a                                                                    
Sectional Analysis shortly.                                                                                                     
                                                                                                                                
Senator  Wilson  agreed  to  hold  his  question  until  the                                                                    
relevant bill section was addressed by Mr. Milks.                                                                               
                                                                                                                                
Mr.  Fechter  discussed  slide   8,  "Mechanics  of  CS  for                                                                    
SB53(JUD) - 1.5 percent Additional Temporary Draw":                                                                             
                                                                                                                                
     ? A one time draw from the Permanent fund to ensure                                                                        
     the Fund is permanently protected in the Constitution.                                                                     
     ? Permanent Fund Earnings ~$18.6 billion                                                                                   
    ? Buys valuable time for measures to be implemented                                                                         
     ?  Dr. Malan  Rietveld, Sovereign  Wealth Fund  Expert:                                                                    
     Author of Trustee Paper 9                                                                                                  
          ? Ensuring the long-term sustainability of an                                                                         
          endowment is far more important than an over-draw                                                                     
          in any one particular year                                                                                            
     ? Other  endowments are considering  one-time increases                                                                    
     in   draws   to   capitalize  on   exceptional   market                                                                    
     performance:                                                                                                               
     ?  Harvard's $42  billion  endowment  increased from  5                                                                    
     percent to 7.5 percent on one-time basis                                                                                   
                                                                                                                                
Co-Chair  Stedman   pointed  out  that  the   committee  had                                                                    
discussions   about   the   difference   between   Harvard's                                                                    
endowment  fund  and  the Permanent  Fund  and  thought  the                                                                    
comparison  should be  taken with  a grain  of salt.  He was                                                                    
concerned about the  lack of "a full package"  and the small                                                                    
amount proposed for additional revenue without a guarantee.                                                                     
                                                                                                                                
Mr. Fechter addressed slide 9, "Dr. Malan Rietveld":                                                                            
                                                                                                                                
     ?Big reforms  have been made:  income-and stabilization                                                                    
     functions established                                                                                                      
     ?Time  to  invest  in  infrastructure,  mechanisms  and                                                                    
     institutions  that  ensure  this transition   which  is                                                                    
     permanent enjoys Constitutional certainty                                                                                  
     ?The  ERA created  unnecessary political  and financial                                                                    
     risks under POMV                                                                                                           
     ?No compelling  reasons to  have the  ERA, if  one move                                                                    
     away from earnings-based spending rule                                                                                     
     ?Ensure unanticipated  future revenue  windfalls aren't                                                                    
     immediately spent, but rather  grow the PF or replenish                                                                    
     other fiscal buffers                                                                                                       
     ?For   example,  spending   caps,  oil-price   trigger,                                                                    
     supplementary windfall savings rule                                                                                        
     ?A bridge period  is needed as Alaska  transitions to a                                                                    
     system  with  Constitutionally  protected  savings  and                                                                    
     spending                                                                                                                   
     ?The   bridge  should   be   comprehensive,  with   all                                                                    
     available options on the table                                                                                             
     ?One-time  higher  draws do  happen,  Key  is having  a                                                                    
     credible  commitment  mechanism to  sustainability  and                                                                    
     rule-based constraint                                                                                                      
                                                                                                                                
9:37:20 AM                                                                                                                    
                                                                                                                                
Mr. Fechter  looked at slide  10, "Permanent  Fund Dividend:                                                                    
Certainty":                                                                                                                     
                                                                                                                                
     ?Alaskans and  Businesses deserve  certainty concerning                                                                    
     annual PFD payment.                                                                                                        
     ?State   needs  PFD   consistency   to  attain   budget                                                                    
     stability and sustainability.                                                                                              
     ?Absent   certainty,   determining  future   achievable                                                                    
     revenues/reductions  are difficult  and  may result  in                                                                    
     over/under collecting/taxing.                                                                                              
     ?50 percent POMV dividend  is an equitable distribution                                                                    
     of   Alaska's   wealth   between   its   citizens   and                                                                    
     government.                                                                                                                
     ?Resolving  the PFD  allows  a  discussion of  required                                                                    
     revenues/reductions to close the remaining budget gap.                                                                     
     ?Redirects  the  legislative  conversation  to  growing                                                                    
     Alaska vs. debating PFD.                                                                                                   
                                                                                                                                
Co-Chair Bishop  asked if the administration  recognized and                                                                    
supported new taxes.                                                                                                            
                                                                                                                                
Mr. Fechter  stated that as  "part of a grand  bargain," the                                                                    
administration would be agnostic  to additional taxes should                                                                    
it be part  of a plan that  would include no less  than a 50                                                                    
percent  PFD, no  income tax,  and a  mechanism to  restrain                                                                    
future spending growth.                                                                                                         
                                                                                                                                
Co-Chair Stedman  asked what considerations were  given when                                                                    
the administration proposed a  PFD calculation at 50 percent                                                                    
of the  POMV draw.  He referenced  a recent  presentation in                                                                    
committee that  showed if the  legislature had  followed the                                                                    
statute since the  creation of the Permanent  Fund, the fund                                                                    
would be about  $30 billion and the dividend  would be about                                                                    
$1,100.  He  asked  if  the  administration  had  considered                                                                    
looking at the dividend  spin-off following the constitution                                                                    
and statutes.                                                                                                                   
                                                                                                                                
Mr. Fechter  shared that  50 percent had  "felt fair,"  as a                                                                    
split  between people  and government  services. He  thought                                                                    
the public would support a 50 percent split.                                                                                    
                                                                                                                                
Co-Chair  Stedman reiterated  that  his  question was  about                                                                    
what  consideration  the  administration had  given  to  the                                                                    
state investing it's part of the POMV draw over 40 years.                                                                       
                                                                                                                                
9:41:53 AM                                                                                                                    
                                                                                                                                
Senator Hoffman  noted that he  supported a 50/50  split but                                                                    
had  concerns   about  the   proposed  bridge   funding.  He                                                                    
commented on  the diminished  balance of  the CBR  and noted                                                                    
the  high  standard  of  the  three-quarters  vote.  He  was                                                                    
concerned  about  establishing  an  overdraw.  He  supported                                                                    
stair-stepping as  an alternative,  starting with  an $1,100                                                                    
dividend.  He   noted  that  an   $1,100  PFD  was   in  the                                                                    
appropriation bill  passed over  by the House.  He mentioned                                                                    
the question  of putting  the POMV  and Permanent  Fund into                                                                    
the constitution  were distinct  and separate  questions. He                                                                    
thought the rewrite of the  formula had raised many concerns                                                                    
because  it  was a  law  the  legislature could  ignore.  He                                                                    
pointed out that  current statute had been  followed by over                                                                    
40  years.  He thought  the  legislature  wanted to  address                                                                    
statutory changes to  the PFD formula, and  believed a star-                                                                    
stepped  approach   was  a   better  solution.   He  thought                                                                    
addressing  putting the  fund into  the  constitution was  a                                                                    
resolution both bodies could address.                                                                                           
                                                                                                                                
9:45:51 AM                                                                                                                    
                                                                                                                                
Mr. Milks discussed the Sectional Analysis (copy on file):                                                                      
                                                                                                                                
     This  bill would  establish a  new statutory  framework                                                                    
     for  spending of  permanent fund  income. Additionally,                                                                    
     this  bill  includes  a  conditional  effect  provision                                                                    
     (sec.  19) which  would effectively  limit a  number of                                                                    
     its provisions if by November  30, 2022 the voters have                                                                    
     not approved  a constitutional amendment  regarding the                                                                    
     permanent  fund  according  to certain  terms  and  the                                                                    
     legislature has not enacted certain new revenue laws.                                                                      
                                                                                                                                
     Section  1:  This  section  sets  out  the  legislative                                                                    
     intent of the bill  which is described as accomplishing                                                                    
     four objectives:                                                                                                           
                                                                                                                                
          (1)to  implement the  recommendations of  the 2021                                                                    
         Comprehensive Fiscal Plan Working Group;                                                                               
          (2)harmonize   the  calculation   of  net   income                                                                    
          available  for  distribution under  AS37.13.140(a)                                                                    
          and net  income available for  appropriation under                                                                    
          AS 37.13.140(b);                                                                                                      
          (3)temporarily change the  mechanism to draw money                                                                    
          from   the  earnings   reserve  account   to  take                                                                    
          advantage of  earnings available  while permitting                                                                    
          the  consideration and  implementation of  revenue                                                                    
          measures and cost reductions for the long-term                                                                        
          stability of the state; and                                                                                           
          (4)reverse the changes made in this bill if the                                                                       
          Comprehensive    Fiscal    Plan   Working    Group                                                                    
          recommendations are not adopted.                                                                                      
                                                                                                                                
     Section 2: This section  would delete language from the                                                                    
     current  AS 37.13.140(a)  that describes  a formula  to                                                                    
     determine  the amount  of income  of the  fund that  is                                                                    
     available  for  distribution.   Section  2  would  also                                                                    
     provide  that the  amount  available for  appropriation                                                                    
     from the earnings  reserve account is 5  percent of the                                                                    
     average market value of the  fund for the first five of                                                                    
     the  preceding six  fiscal years  including the  fiscal                                                                    
     year  just ended.  Finally, Section  2  would amend  AS                                                                    
     37.13.140(b) to  clarify that the amount  available for                                                                    
     appropriation  from the  earnings  reserve account  may                                                                    
     not  exceed   the  balance  in  the   earnings  reserve                                                                    
     account.                                                                                                                   
                                                                                                                                
     Section 3.  This section would  amend sec.2  and return                                                                    
     to the existing statutory  language for AS 37.13.140(a)                                                                    
     and (b).  This is  the first  of several  provisions in                                                                    
     the bill  that would reverse  changes made in  the bill                                                                    
     if conditions specified in sec. 19 take effect.                                                                            
                                                                                                                                
     Section 3  would become effective  under sec. 19  if by                                                                    
     November  30,  2022  the  voters   did  not  approve  a                                                                    
     constitutional  amendment that  specifies a  percent of                                                                    
     market  value draw  from the  permanent  fund in  which                                                                    
     half  of the  draw  would be  used  for permanent  fund                                                                    
     dividends  and  require  a   deposit  of  the  earnings                                                                    
     reserve account into the permanent  fund principal   or                                                                    
       revenue  laws that  anticipate at  least $160,000,000                                                                    
     of new revenues  each year have not been  passed by the                                                                    
     Thirty-Second Legislature and enacted into law.                                                                            
                                                                                                                                
     Section 4: This section  would amend AS 37.13.145(b) to                                                                    
     provide that of the  amount appropriated each year from                                                                    
    the earnings reserve account under AS 37.13.140(b):                                                                         
                                                                                                                                
          ? 50 percent may be appropriated to the dividend                                                                      
          fund for dividends and                                                                                                
          ? 50 percent may be appropriated to the general                                                                       
          fund.                                                                                                                 
          Section 5: This section would amend sec. 4 and                                                                        
          return to the existing statutory language. for AS                                                                     
          37.13.145(b).                                                                                                         
                                                                                                                                
     Section  5 would  become  effective  if the  conditions                                                                    
    described above and set out in sec. 19 take effect.                                                                         
                                                                                                                                
     Section  6:  This  section amends  AS  37.13.145(c)  to                                                                    
     authorize an appropriation,  after the appropriation to                                                                    
     the  dividend  fund  and  the   general  fund,  to  the                                                                    
     principal   of  the   permanent   fund  for   inflation                                                                    
     proofing.                                                                                                                  
                                                                                                                                
     Section  7:  This  section   amends  sec.  6  regarding                                                                    
     inflation proofing  to largely  return to  the existing                                                                    
     statutory language for AS 37.13.145(c).                                                                                    
                                                                                                                                
     Section  7 would  become  effective  if the  conditions                                                                    
    described above and set out in sec. 19 take effect.                                                                         
                                                                                                                                
     Section  8:  This   section  regarding  permanent  fund                                                                    
     income earned as a result  of the State v. Amerada Hess                                                                    
     case  clarifies that  such money  is not  available for                                                                    
     appropriation  to the  dividend fund  or the  principal                                                                    
     and that it shall be  deposited into the capital income                                                                    
     fund.                                                                                                                      
                                                                                                                                
     Section  9: This  section amends  sec. 8  regarding the                                                                    
     State v.  Amerada Hess  case to  largely return  to the                                                                    
     existing statutory language in AS 37.13.145(d).                                                                            
                                                                                                                                
     Section  9 would  become  effective  if the  conditions                                                                    
    described above and set out in sec. 19 take effect.                                                                         
                                                                                                                                
                                                                                                                                
9:51:15 AM                                                                                                                    
                                                                                                                                
Mr. Milks continued with the Sectional Analysis:                                                                                
                                                                                                                                
     Section  10: This  section amends  AS 37.13.145  to add                                                                    
     subsection (g)  providing that the legislature  may not                                                                    
     appropriate from  the earnings  reserve account  to the                                                                    
     general  fund   an  amount  that  exceeds   the  amount                                                                    
     available for appropriation under  AS 37.13.140(b) in a                                                                    
     fiscal year, and to add  subsection (h) to provide that                                                                    
     the  total  transfer  under (b)  and  an  appropriation                                                                    
     under (g)  of this  section may  not exceed  the amount                                                                    
    available for appropriation under AS 37.13.140(b).                                                                          
     Section  10 would  become effective  if the  conditions                                                                    
    described above and set out in sec. 19 take effect.                                                                         
                                                                                                                                
     Section 11:  This section clarifies that  net income of                                                                    
     the mental  health trust  fund is  not included  in the                                                                    
     computation of  the amount available  for appropriation                                                                    
     from the permanent fund  earnings reserve account under                                                                    
     AS 37.13.140(b) as described in section 2 of the bill.                                                                     
                                                                                                                                
     Section 12: This section amends  sec. 11 of the bill to                                                                    
     return  to  the  existing   statutory  language  in  AS                                                                    
     37.13.300(c).                                                                                                              
                                                                                                                                
     Section  12 would  become effective  if the  conditions                                                                    
    described above and set out in sec. 19 take effect.                                                                         
                                                                                                                                
     Section  13:  This  section  amending  AS  37.14.031(c)                                                                    
     clarifies  that the  Alaska Permanent  Fund Corporation                                                                    
     shall  calculate annually  the net  income of  the fund                                                                    
     according to  generally accepted  accounting principles                                                                    
     and excluding any unrealized gains or losses.                                                                              
                                                                                                                                
     Section 14: This section amends  sec. 13 of the bill to                                                                    
     return  to  the  existing   statutory  language  in  AS                                                                    
     37.14.031(c).                                                                                                              
                                                                                                                                
     Section  14 would  become effective  if the  conditions                                                                    
    described above and set out in sec. 19 take effect.                                                                         
                                                                                                                                
9:56:33 AM                                                                                                                    
                                                                                                                                
Mr. Milks continued with the Sectional Analysis:                                                                                
                                                                                                                                
     Section  15: This  section  amends  AS 43.23.025(a)  to                                                                    
     state  that   the  legislature  places  money   in  the                                                                    
     dividend fund by appropriation.                                                                                            
                                                                                                                                
     Section 16:  This section amends  sec. 15 to  return to                                                                    
    the existing statutory language in AS 43.23.025(a).                                                                         
                                                                                                                                
     Section  16 would  become effective  if the  conditions                                                                    
    described above and set out in sec. 19 take effect.                                                                         
                                                                                                                                
     Section 17:  This section  repeals AS  37.13.145(e) and                                                                    
     37.13.145(f) which relate  to total appropriations from                                                                    
     the earnings reserve.                                                                                                      
                                                                                                                                
     Section  18:   This  section   is  an   uncodified  law                                                                    
     provision that  provides for the fiscal  years 2022 and                                                                    
     2023  the legislature  may, in  addition to  the amount                                                                    
     calculated  under   AS  37.13.140(b),   appropriate  an                                                                    
     additional 1.5  percent of the average  market value of                                                                    
     the permanent fund.                                                                                                        
                                                                                                                                
     Section  19: This  section  is  the conditional  effect                                                                    
     provision described above.                                                                                                 
                                                                                                                                
     Section  20:   This  section   provides  that   if  the                                                                    
     conditional  effect  provision   under  sec.  19  takes                                                                    
     effect, secs.  3, 5, 7,  9, 10, 12,  14, and 16  of the                                                                    
     bill take effect July 1, 2023.                                                                                             
                                                                                                                                
     Section  21:  This  section provides  that  except  for                                                                    
     section  20, this  bill would  take effect  immediately                                                                    
     under AS 01.10.070(c).                                                                                                     
                                                                                                                                
Mr. Milks summarized  that the bill was longer  than when it                                                                    
was originally  drafted. He  discussed the  major provisions                                                                    
of the  bill and  noted that the  prior committee  had added                                                                    
the proposed conditional effect provision.                                                                                      
                                                                                                                                
Senator Wilson  thought Mr. Fechter had  stated that Section                                                                    
18 of the  bill would make it a  revenue-generating bill. He                                                                    
asked if  passage of SB 53  as it stood would  count in part                                                                    
to satisfy Section 19 (part 2) of the bill.                                                                                     
                                                                                                                                
10:00:06 AM                                                                                                                   
                                                                                                                                
Mr.  Milks  replied  that  SB  53 set  out  a  framework  to                                                                    
determine  how to  spend Permanent  Fund  income, which  was                                                                    
subject  to constitutional  limits when  the Alaska  Supreme                                                                    
Court provided  that the spending  of Permanent  Fund income                                                                    
was  subject to  appropriation. The  bill had  a conditional                                                                    
effect  provision, and  he did  not know  the intent  of the                                                                    
drafters  behind the  changes proposed  to the  bill in  the                                                                    
Senate Judiciary Committee. He  thought that it was standard                                                                    
practice  to  take  a  "reasonable  interpretation"  of  the                                                                    
language  in bills  and statutes.  He thought  that the  two                                                                    
conditions of  the bill seemed  as though they would  be two                                                                    
separate pieces of legislation.                                                                                                 
                                                                                                                                
Senator Wilson  thought Mr. Fechter  had indicated  that the                                                                    
provisions in  Section 18 would  count as generation  of new                                                                    
revenue. He asked if Mr.  Milks had an interpretation of the                                                                    
bill that  passage of  SB 53  would be  new revenue  for the                                                                    
state that would meet the requirement in Section 19.                                                                            
                                                                                                                                
Mr.  Milks  did not  hear  precisely  what Mr.  Fechter  had                                                                    
stated. He  explained that there  was revenue  loss separate                                                                    
from  SB 53.  He  contended that  SB 53  was  setting out  a                                                                    
framework  for spending  the Permanent  Fund but  was not  a                                                                    
bill setting a tax.                                                                                                             
                                                                                                                                
Senator  Hoffman had  questions about  Section 4,  where the                                                                    
formula  was changed  to a  50/50 split.  He asked  when the                                                                    
split  would  take  place. He  referenced  Senator  Wilson's                                                                    
question   about  Section   18,  which   would  require   an                                                                    
additional draw of 1.5 percent of  the value of the fund. He                                                                    
asked in which piece  of appropriation legislation would the                                                                    
draw occur and how would it  affect when the 50/50 split was                                                                    
enacted.                                                                                                                        
                                                                                                                                
Mr.  Milks  interpreted that  the  bill,  which had  changed                                                                    
dramatically with the Senate  Judiciary version, proposed to                                                                    
be  effective immediately.  He noted  that the  provision in                                                                    
Section  4 referenced  a 50/50  split each  fiscal year.  He                                                                    
thought  it was  reasonable to  conclude that  the provision                                                                    
would apply  in the year  in which  the bill was  passed. He                                                                    
noted  that  legally  the provisions  were  frameworks,  and                                                                    
unless the  constitutional amendment  was passed,  the funds                                                                    
were all subject to appropriation.                                                                                              
                                                                                                                                
10:05:28 AM                                                                                                                   
                                                                                                                                
Senator  Hoffman  thought  there  was  a  problem  with  the                                                                    
contingency provisions in that there  would not be a rewrite                                                                    
of the bill.  He thought people could not  assume they would                                                                    
get  a  50/50  dividend because  constitutional  votes  were                                                                    
required  and would  not  take place  until  farther in  the                                                                    
future. He expressed  that the provisions gave  him pause in                                                                    
supporting  the bill.  He mentioned  HB 3003,  which was  an                                                                    
appropriation  bill also  before the  committee. He  thought                                                                    
Section  18  and  the  additional 1.5  percent  draw  was  a                                                                    
"substantial crack of the egg."                                                                                                 
                                                                                                                                
Senator Wilson  thought Mr. Fechter  and Mr. Milks  had both                                                                    
expressed  that the  bill was  substantially different  than                                                                    
the  bill originally  drafted. He  asked  if the  testifiers                                                                    
supported  the  current  bill  or   if  they  would  support                                                                    
amendments submitted to the committee.                                                                                          
                                                                                                                                
Mr.  Milks  deferred  the  question  to  the  Department  of                                                                    
Revenue. He  asserted that he  had tried to describe  to the                                                                    
committee that  the amended bill  became a fair  amount more                                                                    
complicated.                                                                                                                    
                                                                                                                                
Mr. Fechter  wondered if the  question was whether  he would                                                                    
be supportive of additional changes to the bill.                                                                                
                                                                                                                                
Senator  Wilson  explained that  the  bill  had become  more                                                                    
complicated  with the  changes that  occurred in  the Senate                                                                    
Judiciary  Committee.  He  recalled  that  Mr.  Fechter  had                                                                    
commented on the  significant changes to the  bill. He asked                                                                    
if the  administration still supported the  current bill, or                                                                    
if it  would submit additional  changes to the  committee to                                                                    
amend the bill.                                                                                                                 
                                                                                                                                
Mr. Fechter replied  that he felt that the  current bill met                                                                    
the governor's intent to provide  Alaskans with a 50/50 PFD,                                                                    
and  the   bill  contained  a   similar  mechanism   to  the                                                                    
governor's  proposed  bridge  funding. He  stated  that  the                                                                    
administration supported the bill in its current form.                                                                          
                                                                                                                                
SB  53  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:09:45 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:09 a.m.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 53 01.1921 Permanent Fund; Income; Dividend TL - Senate.pdf SFIN 9/10/2021 9:00:00 AM
SB 53
SB 53 SectionalVers I- 9-9-21_.pdf SFIN 9/10/2021 9:00:00 AM
SB 53
SB 53 DOR Senate Finance 9.10.2021.pdf SFIN 9/10/2021 9:00:00 AM
SB 53