Legislature(1999 - 2000)

02/02/1999 03:32 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           SB  43-APPROP: EARNINGS RESERVE TO PERM FUND                                                                         
                                                                                                                                
MARK HODGINS, staff to Senator Ward, sponsor of SB 43, explained SB
43 will transfer an amount, equal to the unappropriated balance of                                                              
the Earnings Reserve Account on June 30, 1999, into the principal                                                               
of the Permanent Fund.                                                                                                          
                                                                                                                                
Number 162                                                                                                                      
                                                                                                                                
JIM KELLY, Director of Communications for the Alaska Permanent Fund                                                             
Corporation (APFC), made the following comments.  SB 43 would                                                                   
appropriate the funds in the Earnings Reserve, less the dividend                                                                
and inflation proofing costs, into the principal of the Permanent                                                               
Fund.  SB 43 is similar to past legislation except that the                                                                     
Government Accounting Standards Board (GASB) has adopted Rule 31                                                                
which changes the accounting standards applied to the Permanent                                                                 
Fund.  The 6/30/98 annual balance sheet for the Permanent Fund was                                                              
calculated using GASB Rule 31.  That rule requires both unrealized                                                              
and realized gains be considered as income.  By including the                                                                   
unrealized gains, the total Earnings Reserve amount is probably                                                                 
higher than the amount the Legislature expects to appropriate.  MR.                                                             
KELLY explained in the past the balance sheet total did not include                                                             
unrealized earnings, but GASB Rule 31 requires the APFC to mark its                                                             
funds to market.                                                                                                                
                                                                                                                                
VICE-CHAIR GREEN asked what the difference was under the previous                                                               
accounting system.                                                                                                              
                                                                                                                                
MR. KELLY replied if one looked at the regular projection sheet,                                                                
the Earnings Reserve for the year ending June 30, 1999, will be                                                                 
about $2.7 billion.  The dividends, based on the statutory formula,                                                             
will reduce that amount by $989 million.  Inflation proofing,                                                                   
calculated at 1.54 percent, will reduce it further by $287 million,                                                             
leaving $695 million in current year income to add to the Earnings                                                              
Reserve balance.  The 1998 cash balance in the Earnings Reserve was                                                             
about $1.4 billion; the $695 million will increase the cash balance                                                             
to $2.084 billion.  In addition, the Earnings Reserve contains an                                                               
unrealized cash balance of $3.8 billion.  It is unclear whether SB
43 would appropriate $2.084 billion or $5.8 billion according to                                                                
GASB Rule 31.  The APFC has contracted with a legal firm to review                                                              
the GASB ruling and Alaska statutes to provide an opinion on what                                                               
"earnings reserves" means.                                                                                                      
                                                                                                                                
Number 222                                                                                                                      
                                                                                                                                
SENATOR PHILLIPS noted that his staff contacted Mr. Kelly's office                                                              
in early January and was told the projected amount for 6/30/99 was                                                              
$1.9 billion, after inflation proofing and dividend costs were                                                                  
deducted.  He questioned why the projection is now over $2 billion.                                                             
                                                                                                                                
MR. KELLY replied his office was probably basing the earlier                                                                    
projection on the September quarterly report; the latest projection                                                             
was based on the December quarterly report which wasn't available                                                               
in early January.                                                                                                               
                                                                                                                                
SENATOR MACKIE asked Mr. Kelly if he thought SB 43, as written,                                                                 
will appropriate the entire $5.8 billion.                                                                                       
                                                                                                                                
MR. KELLY said SB 43 could be interpreted to do so.                                                                             
                                                                                                                                
SENATOR MACKIE asked what the projection for the excess interest                                                                
earnings is this year.                                                                                                          
                                                                                                                                
Number 253                                                                                                                      
                                                                                                                                
MR. KELLY replied $695 million will be left after dividend and                                                                  
inflation proofing costs are deducted.                                                                                          
                                                                                                                                
SENATOR ELTON pointed out SB 43 does not mention inflation proofing                                                             
and asked if that omission will cause a problem.                                                                                
                                                                                                                                
MR. KELLY answered that the same dollars would be put into the                                                                  
Permanent Fund, but not specifically into the inflation proofing                                                                
segment.  The effect, in terms of dollars, would be the same, but                                                               
the explanation will be more complicated.                                                                                       
                                                                                                                                
SENATOR ELTON suggested that the sponsor be informed.                                                                           
                                                                                                                                
 Number 267                                                                                                                     
                                                                                                                                
ROSS KINNEY, Deputy Commissioner of the Department of Revenue, gave                                                             
the following testimony.  He echoed Mr. Kelly's statement that GASB                                                             
promulgates regulations, and in order to get a "clean" opinion from                                                             
the auditing firm that audits the Permanent Fund records, GASB                                                                  
guidelines must be adhered to.  GASB Rule 31 is unclear, for                                                                    
accounting purposes, about how the Permanent Fund income is                                                                     
recognized.  A firm decision needs to be made as to whether the                                                                 
unrealized gains and losses should actually be added to the corpus                                                              
of the fund.                                                                                                                    
                                                                                                                                
MR. KINNEY stated that during the last few weeks, a tremendous                                                                  
amount of discussion has occurred about Governor Knowles' long                                                                  
range fiscal plan.  The plan proposes that approximately $4 billion                                                             
be transferred from the Earnings Reserve to the Constitutional                                                                  
Budget Reserve (CBR).  If SB 43 is enacted as written, that                                                                     
transfer could not occur.  Additionally, the Legislature could not                                                              
appropriate funds from the Earnings Reserve for any other purpose                                                               
it desires.  Once that appropriation is made it cannot be touched                                                               
because the principal of the Permanent Fund is constitutionally                                                                 
protected.  The principal of the Permanent Fund can be increased in                                                             
three ways: through dedicated oil revenues; through the                                                                         
appropriation of Earnings Reserve or general funds; and through                                                                 
inflation proofing, which has occurred on an annual basis.                                                                      
                                                                                                                                
MR. KINNEY cautioned that one risk the Legislature could incur, if                                                              
it appropriates the full amount of the Earnings Reserve to the                                                                  
corpus of the Permanent Fund, is that Alaska could find itself in                                                               
a position where it cannot pay out the total dividend entitlement                                                               
if it is calculated using the traditional 5 year average and 10+                                                                
percent.  The state might only be able to pay a dividend amount                                                                 
based on 50 percent of the amount in the Earnings Reserve.  That                                                                
situation could occur if a major market correction took place along                                                             
with high inflation.  The state has never come up against the                                                                   
Earnings Reserve limitation for dividend calculations, but it is                                                                
not out of the question.  Also, the Earnings Reserve limitation                                                                 
comes into play in years 2, 3, and 4, in the Governor's long range                                                              
plan.  At this point in time, the Administration does not support                                                               
SB 43, pending a thorough review of the Governor's long range plan.                                                             
                                                                                                                                
VICE-CHAIR GREEN asked for clarification of the GASB changes.                                                                   
                                                                                                                                
MR. KINNEY said the change was to a definition.  Alaska statutory                                                               
language related to the Permanent Fund defines income as interest,                                                              
dividends, and realized gains.  Up until 1997, GASB accepted that                                                               
definition.  However, as the result of the Orange County situation                                                              
and other factors, the term "mark to market" has come into play.                                                                
That term means that all financial statements require that the                                                                  
value of assets held have current market values placed upon them                                                                
based on current market conditions.  That changes the definition of                                                             
income to interest, dividends, realized gains, and unrealized gains                                                             
and losses.  That definition results in an income increase of $4                                                                
billion in the Earnings Reserve as compared to the statutory                                                                    
definition, which does not include unrealized gains.  The statutory                                                             
definition is used to calculate the dividend because APFC does not                                                              
want to pay a dividend based on unrealized gains.                                                                               
                                                                                                                                
VICE-CHAIR GREEN asked for an example of an unrealized gain.                                                                    
                                                                                                                                
MR. KINNEY explained that if a person bought Microsoft stock at $50                                                             
per share and that stock increased to $100 per share, the                                                                       
unrealized gain would amount to the $50 increase.  If the stock was                                                             
sold for $100 per share, you would realize a $50 gain.  For                                                                     
dividend calculations, that $50 gain is only recognized when the                                                                
stock is sold.  Under GASB's definition, the $50 unrealized paper                                                               
gain must be recognized as income even though the stock has not                                                                 
been sold.  He noted all income from the Permanent Fund goes into                                                               
the Earnings Reserve.  Mr. Kelly's financial statements now show a                                                              
fourth income component: unrealized gains and losses.  That is                                                                  
where the question comes into play.  APFC does not know what the                                                                
interpretation for the Earnings Reserve amount under SB 43 would                                                                
be.                                                                                                                             
                                                                                                                                
VICE-CHAIR GREEN asked if the bill could be crafted to exclude                                                                  
unrealized gains.                                                                                                               
                                                                                                                                
MR. KINNEY replied that is the question the APFC has posed to its                                                               
legal counsel.                                                                                                                  
                                                                                                                                
SENATOR MACKIE maintained an amendment could be offered during the                                                              
budget process to appropriate a specific amount of dollars to the                                                               
corpus.                                                                                                                         
                                                                                                                                
MR. KINNEY stated there is no difference as to whether the money is                                                             
in the Permanent Fund corpus or in the Earnings Reserve from a                                                                  
dividend calculation standpoint.  The only difference is that the                                                               
corpus of the Permanent Fund is not inflation proofed for the                                                                   
amount that sits in the Earnings Reserve but it is still added                                                                  
together when looking at the total assets of the Permanent Fund.                                                                
                                                                                                                                
SENATOR PHILLIPS asked how the $2 billion in the excess earnings                                                                
reserve is being invested.                                                                                                      
                                                                                                                                
MR. KELLY replied for investment purposes, all of the money is co-                                                              
mingled; he could not determine which investments were from the                                                                 
principal and which were from the Earnings Reserve.                                                                             
                                                                                                                                
SENATOR MACKIE asked if it is earning at the same rate as the                                                                   
Permanent Fund.                                                                                                                 
                                                                                                                                
MR. KELLY said that it is.                                                                                                      
                                                                                                                                
SENATOR PHILLIPS asked if the CBR is being invested using the same                                                              
principles as the Permanent Fund.                                                                                               
                                                                                                                                
MR. KELLY replied this year the Permanent Fund is earning about an                                                              
8.83 percent total rate of return, a little higher than the CBR.                                                                
                                                                                                                                
VICE-CHAIR announced SB 43 would be held in committee for                                                                       
consideration at a later date.                                                                                                  

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