Legislature(2003 - 2004)

05/01/2003 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
        SJR 18-CONST. AM: PF APPROPS/INFLATION-PROOFING                                                                     
                                                                                                                                
CHAIR GARY STEVENS  announced his intention was  to introduce the                                                               
bill and take initial testimony.                                                                                                
                                                                                                                                
LAURA ACHEE, aide  to the Legislative Budget  and Audit Committee                                                               
and Representative Ralph Samuels, introduced Mr. Bartholomew.                                                                   
                                                                                                                                
BOB  BARTHOLOMEW,   Chief  Operating   Officer  for   the  Alaska                                                               
Permanent Fund  Corporation, highlighted  why the  board believes                                                               
this is  a good public  policy issue to be  brought to a  vote of                                                               
the people in November 2004.                                                                                                    
        · For 23 of the last 27 years the board's number                                                                        
           one objective has been to manage the Permanent                                                                       
           Fund so that it is protected against inflation.                                                                      
        · The second objective is to ensure there is an                                                                         
           annual dividend distribution.                                                                                        
        · The board believes the proposal to change the                                                                         
           statute would better protect the Permanent Fund                                                                      
           against inflation.                                                                                                   
        · The proposal changes how to determine what is                                                                         
           available from the Permanent Fund by going to a                                                                      
           payout based on market value (POMV).                                                                                 
        · POMV provides a limit on what can be spent from                                                                       
           the Permanent Fund.                                                                                                  
        · In good years POMV stops overspending and in down                                                                     
           years it makes an annual distribution available.                                                                     
        · Currently, the annual distribution could go to                                                                        
           zero.                                                                                                                
                                                                                                                                
SENATOR JOHN COWDERY understood  the proposal didn't include                                                                    
the previous year  and he asked why not  simply average from                                                                    
the last five years.                                                                                                            
                                                                                                                                
MR.  BARTHOLOMEW  explained  the  amendment  recommends  not                                                                    
counting  the   current  fiscal  year  so   in  January  the                                                                    
Legislature would  know how much  money would  be available.                                                                    
For  example,   to  determine  how  much   money  should  be                                                                    
available  for FY04,  which is  the budget  currently before                                                                    
the  Legislature, you  would take  a five-year  average that                                                                    
ends June 30, 2002.                                                                                                             
                                                                                                                                
SENATOR COWDERY asked how much would be available.                                                                              
                                                                                                                                
MR.  BARTHOLOMEW replied  $1.2  billion  would be  available                                                                    
under a five percent limit.                                                                                                     
                                                                                                                                
SENATOR COWDERY  asked if the  entire $1.2 billion  would be                                                                    
distributed as dividends.                                                                                                       
                                                                                                                                
MR.  BARTHOLOMEW   said  it   would  not.   Current  statute                                                                    
determines that  one-half of what  is available goes  to the                                                                    
dividend then inflation proofing is  paid. It is silent with                                                                    
regard to the balance  and, historically, the balance hasn't                                                                    
been  appropriated other  than out  of the  earnings reserve                                                                    
into principal.                                                                                                                 
                                                                                                                                
SENATOR  COWDERY asked  if the  one-half would  result in  a                                                                    
$1,000 dividend check.                                                                                                          
                                                                                                                                
MR. BARTHOLOMEW  replied that if the  financial markets were                                                                    
to stay flat between now and  June 30, the dividend would be                                                                    
approximately  $1,100.  However,  if  the  markets  were  to                                                                    
correct downward, it could be lower due to the limitations.                                                                     
                                                                                                                                
SENATOR  COWDERY  commented there  is  a  chance of  a  zero                                                                    
dividend this year or next  without the amendments, but with                                                                    
the amendments there would be a $1,000 dividend.                                                                                
                                                                                                                                
MR. BARTHOLOMEW agreed provided the formula remained                                                                            
unchanged.                                                                                                                      
                                                                                                                                
CHAIR GARY STEVENS announced he would like to hear from Ms.                                                                     
Griswold at the Homer LIO before adjourning the hearing.                                                                        
                                                                                                                                
MARY GRISWOLD from Homer testified in support of the bill.                                                                      
                                                                                                                                
     SJR  18  constitutionally   inflation  proofs  the                                                                         
     entire Permanent  Fund. It  sets a  spending limit                                                                         
     to prohibit  excess appropriations in  flush years                                                                         
     while  making  distributions   available  in  lean                                                                         
     years.                                                                                                                     
                                                                                                                                
     POMV   is  compatible   with  the   fund's  diversified                                                                    
     portfolio  that is  managed  for  long-term value  over                                                                    
     short-term  gains.  A  five POMV  payout  protects  the                                                                    
     value  of   the  fund  and   provides  a   limited  and                                                                    
     predictable and  sustainable revenue stream. This  is a                                                                    
     management tool  and not a  distribution plan,  but the                                                                    
     two  are  inherently  linked.  The   use  of  a  payout                                                                    
     shouldn't be  set in the  constitution because  it's an                                                                    
     appropriation issue.                                                                                                       
                                                                                                                                
     AS  37.13.140   and  AS   37.13.145  relating   to  the                                                                    
     Permanent Fund  income and income distribution  must be                                                                    
     amended to conform  to five POMV because  they would no                                                                    
     longer  apply  as  written. Establishing  a  comparable                                                                    
     dividend  formula  when  the statutes  are  changed  is                                                                    
     advisable because  five POMV  is too valuable  an asset                                                                    
     to risk  voter rejection by threatening  their dividend                                                                    
     checks.                                                                                                                    
                                                                                                                                
     For the  purposes of a  model, assume an  eight percent                                                                    
     total  return,  three  percent  inflation  and  a  five                                                                    
     percent  real   return.  Under  existing   statute,  50                                                                    
     percent of  the income available for  distribution goes                                                                    
     to the dividend program.  Inflation proofing then takes                                                                    
     three   percent,   leaving   one  percent   for   other                                                                    
     legislative  appropriations,   which  has   never  been                                                                    
     touched. For  this distribution to work  under POMV, 80                                                                    
     percent of  the five  percent payout must  be allocated                                                                    
     to the dividend program  to provide a comparable amount                                                                    
     of  money.  Inflation  proofing of  three  percent  has                                                                    
     already  been  accounted  for by  establishing  a  five                                                                    
     percent payout limit, leaving 20  percent of the payout                                                                    
     for  other  legislative  appropriations, which  is  the                                                                    
     same  as the  one percent  under existing  distribution                                                                    
     statutes.  Fifty percent  of  the  money available  for                                                                    
     distribution  before   inflation  proofing   equals  80                                                                    
     percent of  the money available for  distribution after                                                                    
     inflation proofing.  Fifty percent of  eight translates                                                                    
     to 80 percent of five.                                                                                                     
                                                                                                                                
     This constitutional  amendment, combined with  a change                                                                    
     to  the statutes,  securing 80  percent  of the  annual                                                                    
     payout for  dividends is a  critical step and  a three-                                                                    
     way win.  The Permanent  Fund gets a  better management                                                                    
     framework, the  Legislature gets a  predictable revenue                                                                    
     stream, and the people keep their dividend formula.                                                                        
                                                                                                                                
CHAIR  GARY  STEVENS  remarked  this   isn't  an  easy  issue  to                                                               
comprehend  or  explain.  He  asked what  kind  of  response  she                                                               
receives as she explains this to her friends and neighbors.                                                                     
                                                                                                                                
MS  GRISWOLD told  him most  people don't  understand POMV;  they                                                               
just want  to know how it  would affect their dividend.  When she                                                               
explains that  if the payout  is allocated 80/20,  their dividend                                                               
check  won't be  affected and  they're pleased.  It's interesting                                                               
that they don't understand the rest  and her main concern is "the                                                               
rest  of it."  A 50/50  split  would require  voter approval  and                                                               
she's sure it would be defeated.                                                                                                
                                                                                                                                
SENATOR  DYSON  asked  if  she  believes  that  funds  should  be                                                               
allocated to educate voters.                                                                                                    
                                                                                                                                
MS. GRISWOLD said voter education is very important.                                                                            
                                                                                                                                
SENATOR  DYSON noted  that if  care  isn't taken,  this could  be                                                               
interpreted as  jeopardizing the  status quo, which  is perceived                                                               
to be a golden goose.                                                                                                           
                                                                                                                                
MS.  GRISWOLD  said  she  believes   the  Alaska  Permanent  Fund                                                               
Corporation  has  hired  a  communication  specialist  who  could                                                               
provide educational services.                                                                                                   
                                                                                                                                
SENATOR DYSON  wasn't sure  it was legal  for the  corporation to                                                               
use money from the earnings to lobby the public.                                                                                
                                                                                                                                
SENATOR COWDERY  commented the Legislature could  appropriate the                                                               
earnings to educate the public.                                                                                                 
                                                                                                                                
MR. BARTHOLOMEW advised he would  return for the next hearing and                                                               
concluded his comments by restating the board's two objectives:                                                                 
    · Inflation proof the Permanent Fund constitutionally rather                                                                
       than with an annual statutory appropriation                                                                              
    · Remove the word "principal" from the constitution so it                                                                   
       assures an annual distribution and that protection is                                                                    
       provided through the spending limit                                                                                      
                                                                                                                                
CHAIR  GARY  STEVENS  stated  this is  an  important  issue  that                                                               
everyone should  understand and feel  comfortable with  before it                                                               
moves. With that, he announced he  would hold SJR 18 in committee                                                               
for further discussion.                                                                                                         

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