Legislature(1995 - 1996)

03/22/1995 02:10 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                         MARCH 22, 1995                                        
                            2:10 P.M.                                          
                                                                               
  TAPE HFC 95 - 59, Side 1, #000 - end.                                        
  TAPE HFC 95 - 59, Side 2, #000 - end.                                        
  TAPE HFC 95 - 60, Side 1, #000 - #247.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair  Mark  Hanley called  the  House Finance  Committee                 
  meeting to order at 2:10 P.M.                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Kohring                         
  Co-Chair Foster               Representative Martin                          
  Representative Mulder         Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
  Representative Kelly                                                         
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative Joe Green;  Jeff Logan, Staff, Representative                 
  Green;  Brooke  Miles, Juneau  Branch  Administrator, Alaska                 
  Public   Officers   Commission;    Deborah   Vogt,    Deputy                 
  Commissioner,  Department  of  Revenue;  Paul  Dick,  Juneau                 
  Operations, Income  & Excise  Audit Division,  Department of                 
  Revenue;   John   Walsh,   Staff,   Representative   Foster;                 
  Representative  Al Vezey;  Joe  Ryan, Staff,  Representative                 
  Vezey;  Neil  MacKinnon, Alaska  Miners  Commission, Juneau;                 
  Jules Tileston, Division  of Mining,  Department of  Natural                 
  Resources; Steve  Borell, Executive Director,  Alaska Mining                 
  Association, Anchorage.                                                      
                                                                               
  SUMMARY                                                                      
                                                                               
  HB 13     An Act  requiring persons  authorized  to make  or                 
            incur  political   campaign  expenditures   before                 
            filing for  nomination to office and groups acting                 
            on  behalf  of  them  to  file   certain  election                 
            campaign finance disclosure reports.                               
                                                                               
            CS HB 13 (STA) was  reported out of Committee with                 
            a "do pass" recommendation and  with a zero fiscal                 
            note  by  the Department  of  Administration dated                 
            3/09/95.                                                           
                                                                               
  HB 197    An Act providing for exploration incentive credits                 
                                                                               
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            for  activities  involving locatable  and leasable                 
            minerals and coal deposits on  certain land in the                 
            state; and providing for an effective date.                        
                                                                               
            CS HB 197 (RES) was reported out of Committee with                 
            a  "do pass" recommendation with a House Resources                 
            Letter  of  Intent   with  fiscal  notes  by   the                 
            Department  of  Revenue  dated  3/22/95  and   the                 
            Department of Natural Resources dated 3/22/95.                     
  HOUSE BILL 13                                                                
                                                                               
       "An Act requiring  persons authorized to make  or incur                 
       political  campaign  expenditures  before   filing  for                 
       nomination to  office and  groups acting  on behalf  of                 
       them  to   file  certain   election  campaign   finance                 
       disclosure reports."                                                    
                                                                               
  JEFF LOGAN, STAFF, REPRESENTATIVE JOE  GREEN, stated that HB
  13  would make  it  easier for  the  public to  know  who is                 
  contributing  money  to  non-party  candidates  running  for                 
  statewide and legislative office.                                            
                                                                               
  He  explained  that the  current  problem is  that non-party                 
  candidates for legislative  office, who  gain access to  the                 
  general election  ballot by  going through  the petition  or                 
  write-in process, are not required  to file campaign finance                 
  disclosure  reports  during  the   primary  election  cycle.                 
  Alaska Public  Office Commission Policy  decision 15.13-82-2                 
  has established requirements for candidates.                                 
                                                                               
  Mr. Logan  explained that  HB 13  would require  prospective                 
  non-party candidates  for legislative office to  disclose to                 
  the public, during the primary election reporting cycle, who                 
  is making campaign contributions to them.                                    
                                                                               
  BROOKE  MILES,  JUNEAU BRANCH  ADMINISTRATOR,  ALASKA PUBLIC                 
  OFFICE COMMISSION  (APOC), responded to  Committee questions                 
  on the  included fiscal  notes.   She pointed  out that  the                 
  discrepancy on the two notes arose from the first version of                 
  the legislation  which was  printed in  error.   It did  not                 
  specify  that only  State candidates  would need  to have  a                 
  letter of intent on file, and that those candidates would be                 
  required to  file  the primary  series  campaign  disclosure                 
  reports.  She concluded that the  correct fiscal note on the                 
  legislation would be a zero fiscal note.                                     
                                                                               
  Representative  Brown  asked who  would  be included  in the                 
  bills coverage that  had not previously  been covered.   Mr.                 
  Logan replied  those affected  by the  legislation would  be                 
  candidates who  are seeking election,  non-party candidates,                 
  who are filing  with a letter of  intent and will not  be on                 
                                                                               
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  the ballot until the election.                                               
                                                                               
  Representative Martin MOVED to report CS  HB 13 (STA) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was so ordered.                                                              
                                                                               
  CS  HB 13  (STA) was reported  out of  Committee with  a "do                 
  pass"  recommendation  and   with  a  fiscal  note   by  the                 
  Department of Administration dated 3/09/95.                                  
  HOUSE BILL 197                                                               
                                                                               
       "An Act providing for exploration incentive credits for                 
       activities  involving  locatable and  leasable minerals                 
       and coal deposits  on certain  land in  the state;  and                 
       providing for an effective date."                                       
                                                                               
  JOHN WALSH, STAFF, REPRESENTATIVE  RICHARD FOSTER, explained                 
  that Alaska's  economic future  is  dependent upon  resource                 
  development.  Alaska is rich in  mineral resources.  Many of                 
  the  communities  owe their  existence  to the  rich mineral                 
  deposits beneath or  near municipal  boundaries.  He  added,                 
  future deposits have yet to be  discovered and could only be                 
  developed following extensive exploration efforts.                           
                                                                               
  Mr. Walsh  noted that  HB 197  would offer  an incentive  to                 
  industry.    Under  the   legislation,  exploration  dollars                 
  invested  in  development  of  a  producing  mine  would  be                 
  eligible  for  credit  against  taxes  due  as a  result  of                 
  production revenues.  If the prospect never advances to  the                 
  production phase, no credits would be released.                              
                                                                               
  He added,  without  tax  incentives,  current  trends  would                 
  continue.    In  the  past   decade,  available  exploration                 
  investments  have  poured  out  of   the  country  and  into                 
  lucrative  third world  countries.   HB 197  proposes  a tax                 
  credit  which would  send a  strong message  to the  mineral                 
  industry  that  Alaska is  open  for business.   Exploration                 
  dollars would then stay in the State.                                        
                                                                               
  NEIL MACKINNON, ALASKA MINERAL COMMISSION, JUNEAU, testified                 
  in  support of  HB 197.    He pointed  out  that two  mining                 
  companies  doing business in Alaska have  left the State and                 
  gone  to   South  America  where  the   governments  welcome                 
  investments with limited regulation, minimal taxes, and  low                 
  cost production expenses.  He stressed that Chile, Columbia,                 
  Mexico, Indonesia  and Canada  have all  benefited from  the                 
  outflow of U.S. and Alaskan capital.  Mr. MacKinnon  advised                 
  that  this exit  is detrimental  to our long  range economic                 
  future,   and  threatens  to   doom  future  generations  to                 
  continued   government   dependence  for   cost   of  living                 
                                                                               
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  subsidies.    He appealed  to  the  Committee  to  pass  the                 
  legislation.                                                                 
                                                                               
  Representative Martin confessed concerns  with "giving away"                 
  the State's resources.   Mr. MacKinnon pointed out that  the                 
  State would generate money through  the mining claims rental                 
  costs.  He countered that the State would be generating more                 
  capital  than   at   present,   through   encouragement   of                 
  exploration, claims taking, and investing.                                   
                                                                               
  Representative  Brown   asked  if  exploration   costs  were                 
  currently deductible.  Mr. MacKinnon  replied that the costs                 
  would be although they did not represent a double deduction.                 
                                                                               
                                                                               
  Representative  Grussendorf  recommended adding  an expanded                 
  "window  of  time"  opportunity  for  the  investors.    Mr.                 
  MacKinnon suggested that if a window  of time was added that                 
  window should be extended for more than four years.                          
                                                                               
  Representative Mulder remarked that the  market is driven by                 
  taxation  and  royalties.     He  felt  that   the  proposed                 
  legislation  could  enhance  that  market.    Mr.  MacKinnon                 
  advised that the  legislation is property specific  and that                 
  the credit is  tied to the  property and the exploration  of                 
  that specific place.                                                         
                                                                               
  Representative  Martin  thought  that   elimination  of  the                 
  environmental  laws would  enhance  the  legislation.    Mr.                 
  MacKinnon agreed that shortening the permit process would be                 
  beneficial.                                                                  
                                                                               
  JOE  RYAN,  STAFF,  REPRESENTATIVE   AL  VEZEY,  provided  a                 
  philosophical  overview of the legislation pointing out that                 
  there  are  many  places  in   the  world  enticing  mineral                 
  development markets.    He added  that Alaska also has  that                 
  resource  capability and that those  markets need to be made                 
  "marketable".                                                                
                                                                               
  DEBORAH VOGT,  DEPUTY COMMISSIONER,  DEPARTMENT OF  REVENUE,                 
  advised that the Knowles Administration  does not support HB
  197 or  the other tax  credit bills before  the Legislature.                 
  The Department is  not in  favor of  additional tax  credits                 
  unless it can be shown that  the State will benefit from the                 
  transaction.                                                                 
                                                                               
  She  added,  HB  197  does not  provide  an  examination  of                 
  particular projects.    She added  that  there would  be  no                 
  balancing  of  the   attributes  of   the  project  and   no                 
  recognition of a  particular projects ability to  pay taxes.                 
  Currently, there is  little collected from mineral  taxes in                 
  the State.                                                                   
                                                                               
                                4                                              
                                                                               
                                                                               
  Ms. Vogt pointed  out that the legislation  would affect the                 
  Department of Revenue.  The credits should  be calculated to                 
  guarantee that they do not exceed 50% of the combined amount                 
  payable under  the two taxes  established in statute.   That                 
  limit would be calculated  at each site.  The  credits could                 
  be applied against any or all of the taxable payments.                       
                                                                               
  Deputy  Commissioner  Vogt  provided  the  Committee with  a                 
  handout  illustrating  the  "Separate  Accounting  Methods".                 
  [Attachment #2].                                                             
                                                                               
  (Tape Change, HFC 95-59, Side 2).                                            
                                                                               
  Ms. Vogt continued discussion of the handout.  She concluded                 
  that the apportionment method of  calculating the net income                 
  tax would not fit with the  tax incentives established in HB
  197.  The tax incentives are site specific.  A corporate tax                 
  would be United  States or worldwide  specific.  She  added,                 
  from a practical perspective, the  corporate income tax site                 
  specific credit would not fit  with world wide apportionment                 
  or  the   "waters  edge"  nation-wide  apportionment.    The                 
  legislation would credit the license tax.                                    
                                                                               
  Co-Chair Foster and Ms. Vogt  discussed the complications of                 
  licensing within the  mining sites  and the complexities  of                 
  the  taxation concern.  Ms. Vogt reiterated that the primary                 
  reason that Administration  opposed the legislation is  that                 
  it  would provide a  tax credit, while at  the same time the                 
  current Administration does not see any potential revenue to                 
  be earned by the State.                                                      
                                                                               
  Co-Chair   Foster   voiced    strong   opposition   to   the                 
  Administration's  position,  noting  that legislation  would                 
  place resources into  Western Alaska and work  possibilities                 
  into  an area with  high unemployment.   Ms. Vogt understood                 
  the intent of the legislation  although indicated that there                 
  would need to be proof that it would accomplish that intent.                 
  She pointed  out that  currently, the  mining industry  pays                 
  little tax; she questioned how the current regulations acted                 
  as a disincentive.                                                           
                                                                               
  Ms.  Vogt   explained  that   there  has   been  an   effort                 
  internationally to encourage states to appeal  the worldwide                 
  unitary tax.  The Alaska State Legislature repealed that tax                 
  in 1990 except  for oil companies.   Currently, the  "waters                 
  edge" apportionment system is used in Alaska.                                
                                                                               
  Representative Brown asked if the  Department of Revenue was                 
  involved  in the  corporate income  tax expense audit.   Ms.                 
  Vogt understood that obligation would be under the direction                 
  of the Commissioner  in the Department of  Natural Resources                 
                                                                               
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  and would determine  the amount of  the credit.  She  added,                 
  the definition of "site" specific would need to be clarified                 
  within the legislation.                                                      
                                                                               
  Representative  Kelly questioned  if  the legislation  posed                 
  accounting problems for the Department.   Ms. Vogt responded                 
  that   there   would  be   significant  problems   with  the                 
  legislation as currently drafted.                                            
                                                                               
  Representative Grussendorf asked  specific incentives  which                 
  the State could offer.   Ms. Vogt noted royalties,  rent and                 
  mining license tax.                                                          
                                                                               
  PAUL  DICK,  JUNEAU   OPERATIONS,  INCOME  &  EXCISE   AUDIT                 
  DIVISION, DEPARTMENT OF REVENUE, added,  there is a 3.5 year                 
  exemption for the  mining license in  statute at this  time.                 
  Representative Martin asked if  the Department had authority                 
  on  privately owned  lands.   Ms.  Vogt replied  that taxing                 
  authority  spreads  throughout  the  State  and that  it  is                 
  irrelevant who owns the property.                                            
                                                                               
  STEVE BORELL, EXECUTIVE DIRECTOR, ALASKA MINING ASSOCIATION,                 
  ANCHORAGE, explained  that the focus of the bill would bring                 
  new mining  exploration into Alaska.   The credit  would not                 
  occur until and unless a mine  begins operating at a profit.                 
  The  legislation   would  encourage   both  the   individual                 
  prospector  and the larger international mining companies to                 
  invest in Alaska.                                                            
                                                                               
  Mr.  Borell emphasized that  the legislation has  come at an                 
  important time.   As a result  of uncertainty over  possible                 
  changes  to  the  federal  mining   law  and  an  oppressive                 
  regulatory  climate,  there  continues to  be  an  exodus of                 
  exploration funds  away from  federal  lands throughout  the                 
  western U.S.   Alaska cannot  correct all  aspects of  these                 
  problems but Alaska can adopt the proposed legislation as an                 
  incentive to encourage investment.   He added, the financial                 
  incentives of  the legislation would  not make or  break the                 
  project.  They would act  as an encouragement for  companies                 
  to invest in Alaska and show the world that Alaska has a new                 
  attitude toward mineral investments.                                         
                                                                               
  Mr.  Borell  pointed  out  that  the bill  contains  several                 
  important aspects that would encourage investment and at the                 
  same time mesh  into and follow the existing  mining license                 
  tax system.   This would require a minimum of administrative                 
  effort  and if  successful would  result in  new mines  that                 
  would pay royalties to the State.                                            
                                                                               
  More  specifically, the  legislation would  apply  to direct                 
  exploration costs only,  and could be credited  against only                 
  one half  of the  taxes or  royalties payable  in any  given                 
                                                                               
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  year.   Credits would  be made  against new royalties  which                 
  currently don't  exist.   There would  be no  affect on  the                 
  existing royalties, applying to all classes of lands.                        
                                                                               
  Mr. Borell  provided to the  Committee and then  discussed a                 
  handout from the Alaska Miners Association, Inc., addressing                 
  the   Airborne   Geophysical  Mapping   dated   March  1995.                 
  [Attachment #1].  Mr. Borell advised that mineral taxes have                 
  paid the  Department  approximately $2  million dollars  per                 
  year.  Representative Brown pointed  out that the Department                 
  of  Mining  and License  estimated  that they  received $162                 
  thousand dollars per year.  Mr. Borell  interjected that the                 
  remainder paid to the State  originated from coal royalties.                 
                                                                               
                                                                               
  (Tape Change, HFC 95-60, Side 1).                                            
                                                                               
  Representative  Martin   asked  if  each   type  of  mineral                 
  exploration was taxed at a variable  rate.  Mr. Borell noted                 
  that the  legislation  categorizes  the  existence  and  the                 
  location, and that depth, extent  and quality are important.                 
  He concluded, the  reason Alaska receives little  revenue to                 
  the  state  coffers through  rents,  royalties and  taxes is                 
  because there is  little mining  currently occurring in  the                 
  State.                                                                       
                                                                               
  Representative Brown expressed  concern that the  bill would                 
  allow  miners to  take credits  for additional  sites.   Mr.                 
  Borell referenced Page 2,  Line 4, "....a credit may  not be                 
  granted under (a)  of this section for  exploration activity                 
  described  in  that subsection  that  occurs after  the mine                 
  construction  commencement date."    The following  language                 
  outlines  occurrences   that  would   be  included   in  new                 
  exploration work  that would  not  qualify.   Representative                 
  Brown asked  for  a  description  of "sites".    Mr.  Borell                 
  replied a site was a mine project which began as a prospect.                 
                                                                               
                                                                               
  Co-Chair  Foster  MOVED to  report CS  HB  197 (RES)  out of                 
  Committee  with  individual recommendations,  the  Letter of                 
  Intent  and the  accompanying fiscal notes.   Representative                 
  Brown noted her concern regarding the proposed legislation's                 
  effect  on  the  corporate  income  tax.    There  being  NO                 
  OBJECTIONS, it was so ordered.                                               
                                                                               
  CS HB  197 (RES) was  reported out of  Committee with  a "do                 
  pass"  recommendation, with  the House  Resources Letter  of                 
  Intent  and  fiscal  notes  by  the  Department  of  Natural                 
  Resources dated 3/22/95 and the  Department of Revenue dated                 
  3/22/95.                                                                     
  ADJOURNMENT                                                                  
                                                                               
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  The meeting adjourned at 3:45 P.M.                                           

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