Legislature(2003 - 2004)

03/17/2004 09:06 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          March 17, 2004                                                                                      
                              9:06 AM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-04 # 44,  Side A                                                                                                            
SFC 04 # 44,  Side B                                                                                                            
SFC 04 # 45,  Side A                                                                                                            
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Gary Wilken convened the meeting at approximately 9:06 AM.                                                             
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Con Bunde, Vice Chair                                                                                                   
Senator Fred Dyson                                                                                                              
Senator Ben Stevens                                                                                                             
Senator Donny Olson                                                                                                             
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
Also Attending:  SENATOR HOLLIS FRENCH; SENATOR RALPH SEEKINS;                                                                
SENATOR BERT STEDMAN; SENATOR GARY STEVENS; SENATOR TOM WAGONER;                                                                
PHELAN STRAUBE, Staff to Senator B. Stevens                                                                                     
                                                                                                                                
Attending via Teleconference: There were no teleconference                                                                    
participants.                                                                                                                   
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
                                                                                                                                
Conference of Alaskans resolutions                                                                                              
Presentations Offered by Senators                                                                                               
                                                                                                                                
SENATOR HOLLIS FRENCH presented a discussion on oil taxes,                                                                      
specifically the economic limit factor (ELF). He referenced a                                                                   
presentation as follows.                                                                                                        
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
        · There are four main taxes paid by the oil industry:                                                                   
        · Royalty - 12.5%                                                                                                       
        · Property - 20 mills which equals 2%                                                                                   
        · Corporate income - 9.4%                                                                                               
        · Production - 15% before ELF                                                                                           
                                                                                                                                
Senator  French  noted  these  percentage   amounts  are  simplified                                                            
estimates.                                                                                                                      
                                                                                                                                
Senator  French  explained that  the  property tax  is  paid to  the                                                            
localities that  have the oil pipeline running through  them such as                                                            
the North  Slope  and the  Fairbanks North  Star  Borough. This  tax                                                            
provides revenue to the localities and the State.                                                                               
                                                                                                                                
Senator  French  noted the  production  tax,  or severance  tax,  is                                                            
typically 12.5  percent for the first five years of  a lease, and is                                                            
then raised to 15 percent.                                                                                                      
                                                                                                                                
     The 'ELF' in Alaska's Oil Taxes                                                                                            
        · The 15% production, or severance, tax varies because of                                                               
          the ELF, or economic limit factor.                                                                                    
        · At its simplest, the ELF is a number between zero and                                                                 
          one. Multiplying the production tax by a field's ELF                                                                  
          lowers that field's tax burden.                                                                                       
                                                                                                                                
Senator French  informed that because  the economic limit  factor is                                                            
always less than one, all  of the production taxes paid to the State                                                            
are less than 15 percent.                                                                                                       
                                                                                                                                
     The 'ELF' in Alaska's Oil Taxes                                                                                            
        · Kuparuk's ELF is about .2 now.                                                                                        
        · .2 times 15% equals 3%.                                                                                               
        · Thus, Kuparuk pays a 3% production tax.                                                                               
        · Prudhoe's ELF is .86.                                                                                                 
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
        · The formula is actually quite complex.                                                                                
     AS 43.55.013. Economic Limit Factor.                                                                                       
          (a) [Repealed, Sec. 18 ch. 116 SLA 1981].                                                                             
          (b) The economic limit factor for oil production of a                                                                 
          lease or property shall be computed according to the                                                                  
          following formula:                                                                                                    
                (1-[PEL/TP]) exp ([150,000/(TP/Days)] exp [(460 X                                                               
                WD)/PEL])                                                                                                       
          where:                                                                                                                
          PEL = the monthly production rate at the economic limit;                                                              
          TP = the total production during the month for which the                                                              
          tax is to be paid;                                                                                                    
          WD = the total number of well days in the month for which                                                             
          the tax is to be paid;                                                                                                
          Days = the number of days in the month for which the tax                                                              
          is to be paid; and                                                                                                    
          exp = exponent.                                                                                                       
                                                                                                                                
Senator French  explained that the last two factors  in this formula                                                            
are used as exponents,  creating a dramatic "drop-off" in the tax as                                                            
the oil field approaches  its economic limit factor. For example, if                                                            
approximately  300 barrels  a day were produced  per well in  an oil                                                            
field, the economic limit factor of that field would be zero.                                                                   
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
        · ELF was designed to encourage small field development.                                                                
        · There are twenty fields now producing on the North Slope.                                                             
        · Twelve pay no production tax at all.                                                                                  
                                                                                                                                
Senator  French  informed  that  twenty   separate  oil  fields  are                                                            
operating  on the North  Slope. Each  of these  fields is using  the                                                            
North Slope's infrastructure, yet twelve pay no production tax.                                                                 
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
        · The Tarn field made 951,221 bbls in January 2004.                                                                     
        · Tarn has a 0.08 WLF meaning it pays a 1.2 % production                                                                
          tax now                                                                                                               
        · Tarn's ELF will go to zero in 2007.                                                                                   
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
        · Tarn is produced via Kuparuk's facilities.                                                                            
          [Aerial photographs showing said facilities.]                                                                         
                                                                                                                                
Senator French  stated that he worked at the "enormous"  Kuparuk oil                                                            
production facility for  eight years. He highlighted the size of the                                                            
facility, and  various structures within the facility.  He explained                                                            
that each of the orange  "houses" shown in the photograph of Kuparuk                                                            
holds an oil well  or water or gas injection well.  Several years of                                                            
investment  was required  to establish  this major  North Slope  oil                                                            
field.                                                                                                                          
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
        · Tarn required only two drill sites and three ten mile                                                                 
          pipelines                                                                                                             
          [Photograph of section of Kuparuk facility.]                                                                          
                                                                                                                                
Senator French emphasized the simplicity of the Tarn facility.                                                                  
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
        · The Tabasco field, also produced through Kuparuk's                                                                    
          facilities, did not require even a drill site. It was                                                                 
          drilled in seven wells off an existing pad at Kuparuk.                                                                
        · Tabasco makes 2500 bbls of oil per day and pays no                                                                    
          production tax.                                                                                                       
        · This modest field will make the producers 1,000,000 bbls                                                              
          of oil this year.                                                                                                     
                                                                                                                                
Senator French indicated  a booklet from BP/Arco showing the overlay                                                            
of the reservoirs belonging to separate oil fields.                                                                             
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
        · As new fields come on to production, and pay no                                                                       
          production tax, the overall production tax rate declines.                                                             
        · The average production tax will fall from 13.5% in 1993                                                               
          to 4% in 2013.                                                                                                        
                                                                                                                                
Senator French stated that  the future of North Slope oil production                                                            
would be  small satellite  oil fields,  which would  have low  or no                                                            
production taxes due to the economic limit factor.                                                                              
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
     Oil Development in America's Arctic 1977                                                                                   
     [Map  of  area of  Northern  Alaska  bordered by  the  National                                                            
     Petroleum Reserve  - Alaska on the West and the Arctic National                                                            
     Wildlife  Refuge on  the East and  indicating pipelines,  pads,                                                            
     roads and gravel mines in existence at that time.]                                                                         
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
     Oil Development in America's Arctic 1989                                                                                   
     [Map  of  area of  Northern  Alaska  bordered by  the  National                                                            
     Petroleum Reserve  - Alaska on the West and the Arctic National                                                            
     Wildlife  Refuge on  the East and  indicating pipelines,  pads,                                                            
     roads and gravel mines in existence at that time.]                                                                         
                                                                                                                                
     The "ELF" in Alaska's Oil Taxes                                                                                            
     Oil Development in America's Arctic 1999                                                                                   
     [Map  of  area of  Northern  Alaska  bordered by  the  National                                                            
     Petroleum Reserve  - Alaska on the West and the Arctic National                                                            
     Wildlife  Refuge on  the East and  indicating pipelines,  pads,                                                            
     roads and gravel mines in existence at that time.]                                                                         
                                                                                                                                
Senator  French explained  that between  1977 and  1989 the  Kuparak                                                            
facility was expanded.  The economic limit factor  was last expanded                                                            
in  1989.  Between   1989  and  1999  a  "huge  expansion"   of  the                                                            
infrastructure  of the North Slope  occurred as multiple  oil fields                                                            
came to the North Slope.  The comparison between the oil development                                                            
on the North Slope between  1977, 1989 and 1999 is important because                                                            
it exhibits  that the future  of the North  Slope would not  include                                                            
huge infrastructure  developments,  but smaller fields built  off of                                                            
existing drill  sites, or new drill sites that utilize  the existing                                                            
infrastructure.  No reason  could be exhibited  to construct  a huge                                                            
oil  production  infrastructure  if  a ten-mile  pipeline  could  be                                                            
constructed that would utilize an existing facility.                                                                            
                                                                                                                                
Co-Chair  Wilken asked the  distance from the  edge of the  National                                                            
Petroleum Reserve - Alaska (NPRA) to pump station #1.                                                                           
                                                                                                                                
Senator French replied  that the distance is approximately 80 miles.                                                            
                                                                                                                                
Co-Chair Wilken asked if it is 80 road miles.                                                                                   
                                                                                                                                
Senator French affirmed.                                                                                                        
                                                                                                                                
Senator Bunde determined that the distance is 60 miles or more.                                                                 
                                                                                                                                
     How the bill works                                                                                                         
        · Two principal reforms:                                                                                                
        · The first simply establishes a minimum 5% production tax.                                                             
          All fields must pay the minimum 5%.                                                                                   
        · This provision alone would raise $75 million at $22 per                                                               
          bbl.                                                                                                                  
                                                                                                                                
Senator French noted that  if this proposal were implemented, as the                                                            
price of oil  increased, the production  tax would increase,  and as                                                            
the price of oil decreased, the production tax would decrease.                                                                  
                                                                                                                                
     How the bill works                                                                                                         
        · The second major reform bases the production tax on the                                                               
          price of a barrel of oil.                                                                                             
        · As the price rises, so does the tax. As the price of oil                                                              
          falls, so does the tax.                                                                                               
        · The till sets $16 to $20 oil as the norm.                                                                             
                                                                                                                                
Senator French  referenced an article taken from the  Petroleum News                                                            
dated December  30,2001 titled "Department  of Revenue suggests  oil                                                            
production  tax might  need to be  changed". He  informed that  this                                                            
article explains  the economic limit factor, and qualified  that the                                                            
ELF proposal he is suggesting was considered in 2001.                                                                           
                                                                                                                                
     How the bill works                                                                                                         
        · Above $20, the production tax would be multiplied by the                                                              
          price per barrel divided by 20.                                                                                       
        · Below $16, the production tax would be multiplied by the                                                              
          price per barrel divided by 16.                                                                                       
                                                                                                                                
Senator French explained that this proposal would establish $16                                                                 
through $20 per barrel as the normal price of oil.                                                                              
                                                                                                                                
Co-Chair Wilken asked if the prices of a barrel of oil being                                                                    
referenced are based on West Texas crude oil prices with the North                                                              
Slope adjustment.                                                                                                               
                                                                                                                                
Senator French clarified that the production tax is calculated                                                                  
using the oil wellhead value, excluding transportation costs.                                                                   
                                                                                                                                
     How the bill works                                                                                                         
        · Example: At $30 oil, the new formula would divide 30 by                                                               
          20 yielding 1.5.                                                                                                      
        · Thus, a field with 10% production tax would pay an                                                                    
          adjusted 15% production tax.                                                                                          
        · The production tax cannot exceed 25% under the bill.                                                                  
                                                                                                                                
Senator French clarified that if the price of a barrel of oil was                                                               
$75, the production tax would be held at 25 percent.                                                                            
                                                                                                                                
     How the bill works                                                                                                         
        · Example: At lower oil prices the production tax would be                                                              
          reduced. If oil goes to $12 per barrel, the formula would                                                             
          divide 12 by 16 to yield .75. Thus the production tax on                                                              
          an oil field would be reduced by 25%.                                                                                 
        · A 10% production tax would be reduced to 7.5%.                                                                        
                                                                                                                                
     How the bill works                                                                                                         
        · If oil prices fall below $10 per barrel, the bill would                                                               
          waive half the production tax and would defer the other                                                               
           half until prices rise above $16 per barrel.                                                                         
        · There is also an inflation adjustment, that would                                                                     
          gradually raise the $16 to $20 "norm". The idea is to                                                                 
          acknowledge that costs to industry rise over time.                                                                    
                                                                                                                                
     How the bill works                                                                                                         
        · Finally, the bill exempts "heavy oil" from any of its                                                                 
          measures. Heavy oil, like that contained in the West Sak                                                              
          reservoir, requires more expensive drilling and                                                                       
          production measures.                                                                                                  
                                                                                                                                
Senator French stated that the progress being achieved in producing                                                             
West Sak oil should not be hindered.                                                                                            
                                                                                                                                
     Production Tax Revenue                                                                                                     
        · In 2003, the State took in $599 million in production                                                                 
          taxes.                                                                                                                
         · The average price that year was $28 per barrel.                                                                      
        · The average ELF was .50, meaning the average production                                                               
          tax rate was 7.5%.                                                                                                    
                                                                                                                                
Senator French  qualified that the 2003 average price  per barrel of                                                            
oil was provided by the Department of Revenue.                                                                                  
                                                                                                                                
     Production Tax Revenue                                                                                                     
        · Looking forward, the Department of Revenue forecasts an                                                               
          average price of $22 per barrel.                                                                                      
        · By 2013, the average ELF will fall to .27, meaning the                                                                
          average production tax will fall to 4.05%.                                                                            
        · 2003: $599 million.                                                                                                   
        · 2013: $180 million.                                                                                                   
                                                                                                                                
Senator French  emphasized the difference in State  revenue that the                                                            
decreasing production tax would create.                                                                                         
                                                                                                                                
     Production Tax Revenue                                                                                                     
        · Under  this bill, the State  would gain:                                                                              
        · An  additional $110 million  at $22/bbl.                                                                              
        · An  additional $400 million  at $30/bbl.                                                                              
        · An  additional $500 million  at $32/bbl.                                                                              
                                                                                                                                
     Industry and Alaska's Benefit from NS Petroleum Against Oil                                                                
     Prices (1987-2003)                                                                                                         
     [Graph indicating the share of gross North Slope petroleum                                                                 
     Value each of the aforementioned years for State, Industry and                                                             
     NS Oil Wellhead Value.]                                                                                                    
                                                                                                                                
Senator  French explained  that  in 1989  the State's  share of  the                                                            
total value of oil produced  on the North Slope was approximately 40                                                            
percent, and the oil industry's  share was approximately 60 percent.                                                            
In 2003 the  State's share was below  30 percent and the  industry's                                                            
share had risen  above 70 percent. Over time the industry  is taking                                                            
more of the  gross value of the North  Slope oil, whereas  the State                                                            
is receiving less.                                                                                                              
                                                                                                                                
     Forecasted Decline in Severance Tax Revenue: Current Law                                                                   
     [Graph indicating revenue in millions for the years 2005                                                                   
     through 2020 utilizing statistics provided by the Department                                                               
     of Revenue.]                                                                                                               
                                                                                                                                
Senator  French pointed  out that  the State  would receive  between                                                            
$400 million to  $450 million from oil production  taxes in 2005. In                                                            
2020 the State revenue  from oil production taxes would be less than                                                            
$100 million.                                                                                                                   
                                                                                                                                
Senator  B. Stevens referenced  the "Industry  and Alaska's  Benefit                                                            
from NS Petroleum  Against Oil Prices  (1987-2003)" chart  and asked                                                            
if  the data  on  the chart  is  based on  Department  of  Revenue's                                                            
forecasts and known oil production levels.                                                                                      
                                                                                                                                
Senator French affirmed.                                                                                                        
                                                                                                                                
Senator B.  Stevens commented that  the chart resembles the  revenue                                                            
forecast chart.                                                                                                                 
                                                                                                                                
     Comparison Between Oil Company Profits and State Revenue:                                                                  
     Current Law                                                                                                                
     [Bar graph indicating the comparison in billions based on the                                                              
     price of oil and current law utilizing statistics provided by                                                              
     the Department of Revenue.]                                                                                                
                                                                                                                                
Senator  French  noted  when  oil  prices are  $22  per  barrel  the                                                            
industry's share  of revenue is $1.7 billion, and  the State's share                                                            
is  approximately   $1.5  billion.   As  oil  prices  increase   the                                                            
difference  between  the  industry's  share and  the  State's  share                                                            
grows.  For  example,  when  oil  prices  are  $30  per  barrel  the                                                            
industry's  share is  $3.4 billion,  and the State's  share is  $2.1                                                            
billion.  The State's oil  production share  includes all oil  taxes                                                            
and oil-related  revenue: corporate income, royalty,  property taxes                                                            
and production taxes.                                                                                                           
                                                                                                                                
Co-Chair  Wilken asked  how  the oil  industry's  revenue share  was                                                            
determined.                                                                                                                     
                                                                                                                                
Senator French  responded  that the amounts  were calculated  by the                                                            
Department of Revenue.                                                                                                          
                                                                                                                                
     Projected Severance Tax Revenue Under Current Law and Fair                                                                 
     Share Bill at Forecasted Prices                                                                                            
     [Graph indicating revenue in millions from the current law and                                                             
     the proposed method for the years 2005 through 2013 utilizing                                                              
     statistics provided by the Department of Revenue.]                                                                         
                                                                                                                                
Senator French  emphasized that this  proposal would not  attempt to                                                            
reverse the  decrease in  production tax  revenue, but rather  would                                                            
lessen the decline.                                                                                                             
                                                                                                                                
Senator B.  Stevens referenced the  "Comparison Between Oil  Company                                                            
Profits and  State Revenue:  Current Law"  chart, and asserted  that                                                            
the investments  of the oil industry  are not being represented.  He                                                            
disagreed with the assumption  that the State deserves the same rate                                                            
of return as the oil industry  given that the State has not invested                                                            
in oil production. He asked if his assumption was fair.                                                                         
                                                                                                                                
Senator French  replied that he understood  how Senator B.  Steven's                                                            
assumption  could be  reached.  Senator French  added  that he  also                                                            
resists that assumption,  which is why he has not suggested that the                                                            
State's oil  revenue share be equal  to the industry's share.  It is                                                            
coincidence  that when  oil prices  are $22 barrel  both shares  are                                                            
similar, and  that when oil prices  are $30 a barrel the  shares are                                                            
widely  different. He  clarified that  the industry  should  benefit                                                            
from higher  oil prices as  a result of the  investment risk  it has                                                            
taken.                                                                                                                          
                                                                                                                                
Senator B. Stevens wanted  to know the industry's revenue share when                                                            
the price of oil is $12 per barrel.                                                                                             
                                                                                                                                
Senator  French explained  that this  proposal would  offer the  oil                                                            
industry tax relief when the price of oil is low.                                                                               
                                                                                                                                
Senator  B. Stevens  mentioned that  he was concerned  with the  tax                                                            
level  when the  price of  oil is  at status  quo. He  asked if  the                                                            
"Comparison Between  Oil Company Profits and State  Revenue: Current                                                            
Law" chart represents the status quo.                                                                                           
                                                                                                                                
Senator French affirmed that this chart assumes current law.                                                                    
                                                                                                                                
Co-Chair Green  asked the amount of the oil revenue  shares received                                                            
by the industry  and the State when the price of oil  is $12 and $16                                                            
per barrel.                                                                                                                     
                                                                                                                                
Senator French would attempt to obtain that information.                                                                        
                                                                                                                                
Senator Olson  asserted that the investment  of the oil industry  is                                                            
not of  importance because  the level of  their investment  does not                                                            
determine the price of oil.                                                                                                     
                                                                                                                                
Senator B.  Stevens clarified that  the State has not invested  "one                                                            
dollar"  in  the  oil   production  facilities  discussed   in  this                                                            
presentation.  It is unfair to expect that the State  should receive                                                            
a rate  of return equal  to that  of the oil  industry when  the oil                                                            
industry has been  investing in the production of  oil and the State                                                            
has not. The State's  rate of return is based on the  tax structure.                                                            
Every business  in the State would leave if similar  revenue sharing                                                            
were required in all industries.                                                                                                
                                                                                                                                
Senator B. Stevens acknowledged  that this proposal does not suggest                                                            
an equal sharing of revenue  between the industry and the State, but                                                            
emphasized  its  failure to  recognize  the  investment  of the  oil                                                            
companies, or  the competition between oil development  in the State                                                            
and the rest of the world.                                                                                                      
                                                                                                                                
Co-Chair Wilken  established that Senator B. Stevens  is questioning                                                            
the return of investment.                                                                                                       
                                                                                                                                
Senator B. Stevens affirmed.                                                                                                    
                                                                                                                                
     Ratio of Industry Take to State Revenues from ANS Production                                                               
     [Graph indicating the ratios for the years 1978 through 2003.]                                                             
                                                                                                                                
Senator French  stated that  in 1989 the  economic limit factor  was                                                            
established  and the State's  oil revenue  share and the  industry's                                                            
share were similar; in  1987 the shares were the same. Over time the                                                            
industry's  share has  increased, and  in 2003 their  share is  more                                                            
than two  and one-half times  that of the  State. The shares  should                                                            
not be  equal; however, it  is obvious that  the State is  receiving                                                            
less and less of the oil revenue.                                                                                               
                                                                                                                                
     Conclusion                                                                                                                 
        · It is better to address this issue now, when there is no                                                              
          immediate crisis.                                                                                                     
        · It is better to take an incremental approach, rather than                                                             
          a wholesale "shelf the ELF" approach.                                                                                 
        · It is better to give the oil industry certainty during                                                                
          the planning and design phase of the gas pipeline.                                                                    
                                                                                                                                
Senator French emphasized  that a measured approach to this proposal                                                            
would be better than a hurried approach.                                                                                        
                                                                                                                                
Senator French  stated that  oil taxes were  last adjusted  in 1989,                                                            
and they would inevitably  be adjusted again. The oil industry would                                                            
be best  served if  a tax adjustment  were made  now before  the gas                                                            
pipeline project begins.                                                                                                        
                                                                                                                                
     [Photograph of the Kuparak facility]                                                                                       
                                                                                                                                
Senator  French   detailed  that  he  worked  at  the   Kuparak  oil                                                            
production  facility for eight  years, and  worked on an oilrig  for                                                            
four years.  He explained that he  is "an oil person" and  "a friend                                                            
of the  [oil] industry".  This proposal  would not  cripple the  oil                                                            
industry, nor drive the  industry out of the State. This proposal is                                                            
a measured  approach suggesting an  adjustment and not "a  wholesale                                                            
revision" to a fifteen-year-old tax structure.                                                                                  
                                                                                                                                
Senator Hoffman  referenced  the article in  the Petroleum  News and                                                            
asked why  the Prudhoe Bay  oil field, as  the largest oil  field in                                                            
the State, should be exempt from the economic limit factor.                                                                     
                                                                                                                                
Senator French  replied that  the economic  limit factor of  Prudhoe                                                            
Bay  is 0.86,  and  would drop  to 0.75  in  2010. The  Prudhoe  Bay                                                            
reservoir is the  largest oil reservoir in North America,  producing                                                            
approximately  12  million  barrels of  oil  in January  2004.  This                                                            
proposal  would not eliminate  Prudhoe Bay's  ELF factor, but  would                                                            
impose  the ELF  on all  of oil  fields  utilizing  the Prudhoe  Bay                                                            
facilities.                                                                                                                     
                                                                                                                                
Senator Hoffman asked what  the increase of oil revenue to the State                                                            
would be if the  ELF was not adjusted, and did not  apply to Prudhoe                                                            
Bay.                                                                                                                            
                                                                                                                                
Senator French  answered that  he was unsure,  but he would  find an                                                            
answer.                                                                                                                         
                                                                                                                                
Senator Dyson  commented that this presentation is  "excellent", and                                                            
well  thought  out.   He  asked  how  this  proposal   would  impact                                                            
independent  oil  producers  wanting  to  route  their  oil  through                                                            
Prudhoe Bay's facilities.                                                                                                       
                                                                                                                                
Senator  French   replied  that  this  proposal  would   inform  the                                                            
independent  oil  producers  of the  production  tax that  would  be                                                            
expected. From  the present and into the future, nearly  every field                                                            
developed  on  the  North Slope  would  have  "zero  production  tax                                                            
status"  if this  proposal  is  not adopted.  If  implemented,  this                                                            
proposal  would increase  the independent  oil  producers' costs  by                                                            
five-percent.                                                                                                                   
                                                                                                                                
Senator Dyson anticipated  this proposal would encounter objections.                                                            
He asked if historical  data could be obtained that  would determine                                                            
the "economic signals" this proposal would send.                                                                                
                                                                                                                                
Senator French  understood that the  oil industry would not  support                                                            
this proposal. The oil  industry would minimize their investments as                                                            
a result  of the implementation  of this  proposal, thus they  would                                                            
consider  it  a  signal  that  there  is  currently   too  much  oil                                                            
investment. He  explained that the oil industry would  never support                                                            
a proposal that  would raise their taxes unless their  support would                                                            
prevent a more damaging proposal from being implemented.                                                                        
                                                                                                                                
Co-Chair Green asked if inflation rates affect the price of oil.                                                                
                                                                                                                                
Senator  French responded  that  this  proposal assumes  the  normal                                                            
price of  oil to be  $16 to $20.  Over time  that normal rate  would                                                            
increase considering  that costs relating  to the production  of oil                                                            
would rise with inflation.                                                                                                      
                                                                                                                                
Co-Chair Green  wanted more information on the relationship  between                                                            
inflation rates and the price of oil.                                                                                           
                                                                                                                                
Senator French thanked Senator Green for her question.                                                                          
                                                                                                                                
Senator Dyson  outlined an instance when Prudhoe Bay  formed a legal                                                            
case based on the uncertainty  that existed in developing technology                                                            
in  a hostile  environment  where  oil drilling  had  not  occurred.                                                            
Prudhoe Bay  won the legal case. Any  development organization  that                                                            
would risk  such a significant  investment  in "the world's  largest                                                            
poker game"  wants assurance  that the rules  do not change  as they                                                            
continue to  invest. The oil industry  would argue that in  order to                                                            
continue to attract  oil production and development,  the State must                                                            
not change the rules by raising taxes.                                                                                          
                                                                                                                                
Senator French  replied, "Things  change over  time." He added  that                                                            
rules affecting the oil industry were changed in 1989.                                                                          
                                                                                                                                
Senator B.  Stevens questioned whether  Senator French was  familiar                                                            
with the Wood-Mackenzie benchmark study.                                                                                        
                                                                                                                                
Senator French answered that he has not reviewed it recently.                                                                   
                                                                                                                                
Senator B. Stevens informed  that this study ranks Alaska against 61                                                            
other oil-producing areas.                                                                                                      
                                                                                                                                
Senator French responded that he has heard those statistics.                                                                    
                                                                                                                                
Senator B. Stevens continued  that Alaska ranks "the most expensive"                                                            
on weighted average costs  of the 60 oil fields that are comparable.                                                            
In addition,  the State ranks  55 out of 61  on the average  rate of                                                            
return.                                                                                                                         
                                                                                                                                
                                                                                                                                
SFC 04 # 44, Side B 09:53 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator  B. Stevens  related these  statistics to  his concern  that                                                            
this proposal  could deter future  oil exploration, thus  negatively                                                            
impacting  the  State's  revenue   from  oil  royalties.  The  State                                                            
benefits from the oil industries'  production of oil, even though it                                                            
has not invested  in the production, by receiving  one-eighth of the                                                            
oil  revenue.  If  the  State  takes  any  measures  to  impede  oil                                                            
companies from  investing in Alaska, the oil companies  would invest                                                            
in  an   area  where  their   rate  of  return   would  be   higher.                                                            
Subsequently,  the State would lose  revenue from oil royalties  and                                                            
production taxes.                                                                                                               
                                                                                                                                
Senator French  explained that the Tabasco oil field  is a small oil                                                            
field, which produces 2,500  barrels of oil per day, and one million                                                            
barrels annually.  Their revenue  from oil  is $35 million.  Senator                                                            
French  asked the Committee  what they  would be  willing to  pay to                                                            
have access  to that  amount of  oil and the  resulting revenue.  If                                                            
this proposal  were  implemented the  oil producers  would  consider                                                            
that their  costs were raised,  but also that  they could have  been                                                            
raised  more. The  oil producers  benefit  from the  State's  stable                                                            
political  environment, an  infrastructure,  and a large  production                                                            
facility that  could be utilized. Given these benefits  and the high                                                            
revenues,  the oil producers  should  be willing  to accept a  five-                                                            
percent cost increase to continue producing oil in Alaska.                                                                      
                                                                                                                                
Senator Hoffman stated  that in 1989 the economic limit factor was a                                                            
very contentious  issue. Certain  arguments  that are being  used to                                                            
argue against  this proposal are the  same arguments that  were used                                                            
in 1989  to argue  against  the economic  limit  factor. The  Alaska                                                            
benchmark  study was  used to  fuel opposition  of the  ELF and  the                                                            
threat  that  new  fields  would   not  be  developed  if  ELF  were                                                            
implemented. A vast number  of oil fields have been developed on the                                                            
North Slope  since the implementation  of the economic limit  factor                                                            
in 1989 as is exhibited  by "The 'ELF' in Alaska's Oil Taxes" charts                                                            
showing the growth in oil development between 1989 and 1999.                                                                    
                                                                                                                                
Senator Hoffman continued  that the oil industry emphasized the risk                                                            
of  oil development  in  Alaska  when opposing  the  economic  limit                                                            
factor. Now  the oil industry  would be opposed  to eliminating  the                                                            
ELF because it ensures stability in the market.                                                                                 
                                                                                                                                
Senator Hoffman  pointed out that Alaska's economy  has changed, and                                                            
it is time to  "take a second look" at the economic  limit factor in                                                            
an attempt  to find  solutions to  balance the  State's deficit.  He                                                            
restated  his consideration  of whether Prudhoe  Bay should  benefit                                                            
from the economic limit factor.                                                                                                 
                                                                                                                                
Senator  Olson asked  what impact  this proposal  would have  on the                                                            
large oil fields.                                                                                                               
                                                                                                                                
Senator  French responded  that the  basic formula  of the  economic                                                            
limit factor  would not change:  a larger  field would pay  a larger                                                            
production  tax. This proposal  would set  a minimum production  tax                                                            
for the smaller oil fields.                                                                                                     
                                                                                                                                
Senator  Bunde asserted  that  "profit" is  not a  "dirty word."  He                                                            
continued,  "Fifty-percent  of  something  is  way better  than  one                                                            
hundred-percent of nothing."                                                                                                    
                                                                                                                                
Senator  Bunde stated  that the  economic  limit factor  may not  be                                                            
appropriate  for  Prudhoe  Bay,  but  suggested  that  it  might  be                                                            
appropriate for  Bristol Bay. Investment might be  encouraged in the                                                            
relatively  new Bristol Bay oil field  if the economic limit  factor                                                            
were applied. The cost  of bringing Alaskan oil to market is $12.50,                                                            
whereas  it costs  only  two  or three  dollars  to bring  oil  from                                                            
certain other  areas to market.  The State  must compete with  these                                                            
other areas for  oil development. An oil producer  might not want to                                                            
accept an additional  increase to the high cost of  producing oil in                                                            
Alaska. He  predicted that  there would be  disagreement about  this                                                            
proposal.                                                                                                                       
                                                                                                                                
Presentation by Senator Ralph Seekins                                                                                           
Percent of Market Value                                                                                                         
                                                                                                                                
SENATOR RALPH  SEEKINS informed that the Senate Judiciary  Committee                                                            
held hearings  across the  State on SJR 18  and SJR 19 beginning  in                                                            
the summer of 2003 and  throughout this legislative session. Most of                                                            
the discussion  centered on  SJR 18, which  involves the percent  of                                                            
market value (POMV) program  for the Permanent Fund. Many people did                                                            
not  initially  understand  the  POMV  program.  As  they  began  to                                                            
understand the program, they started to support it.                                                                             
                                                                                                                                
Co-Chair Wilken  clarified that SJR  18 contains the POMV  proposal,                                                            
and does not specify  how the earnings of the Permanent  Fund should                                                            
be spent.                                                                                                                       
                                                                                                                                
Senator Seekins  stated that  SJR 18 proposes  a new discipline  for                                                            
managing the Permanent  Fund. Senator Seekins explained  that he was                                                            
appointed  to the Permanent  Fund  Board of Trustees  in 1991.  This                                                            
experience  was educational  because  the Board  considered how  the                                                            
Fund was invested,  and how the Fund's  returns could be  maximized.                                                            
After approximately  30 days of acting  as a Trustee, he  understood                                                            
that  the Board  of Trustees  could "play  god"  with the  Permanent                                                            
Fund, and the size of the Permanent Fund Dividend.                                                                              
                                                                                                                                
Senator Seekins  referenced a chart  provided by the Permanent  Fund                                                            
Corporation  titled  "Realized  income  v. market  value"  [copy  on                                                            
file]. He explained that  in 1996 the Board of Trustees rationalized                                                            
that the  current generation  had not been  receiving enough  return                                                            
from the  Permanent  Fund so the  Dividend should  be increased.  It                                                            
proceeded  to sell  stock to  produce realized  gains  and a  larger                                                            
Dividend.  The mission  of the Board  of Trustees  is to invest  the                                                            
Fund to maximize  returns within the  boundaries established  by the                                                            
legislature.  The  volatility   of the  marketplace   and  political                                                            
volatility, which has been  exemplified by past abuse of the Fund by                                                            
the  Trustees,   should   be  considered   when  contemplating   the                                                            
management  of the Fund.  Under the current  investment program  six                                                            
individuals  could  decide  the  size of  the  contribution  of  the                                                            
Permanent Fund to the State  of Alaska and the size of the Dividend.                                                            
The POMV program  would not allow this political volatility  because                                                            
it involves a fixed formula.  The implementation of the POMV program                                                            
would ensure  that the  mission of  the Board  of Trustees would  be                                                            
fulfilled.                                                                                                                      
                                                                                                                                
Senator  Seekins continued  that he  was removed  from the Board  of                                                            
Trustees after four years.  The governor at that time, Governor Tony                                                            
Knowles, sent Senator Seekins  a letter stating, "I am replacing you                                                            
because  I cannot  feel  confident  that you  will invest  the  Fund                                                            
according to my political  philosophy." Senator Seekins assumed that                                                            
the individuals  that  Governor Knowles  appointed  to the Board  of                                                            
Trustees shared  the Governor's political philosophy.  The Permanent                                                            
Fund  should not  be invested  for any  purpose other  than that  of                                                            
maximizing  the Fund's returns for  the citizens of Alaska.  Senator                                                            
Seekins  stated that  the POMV plan  would "insulate  the Fund  from                                                            
political interference and political volatility."                                                                               
                                                                                                                                
Senator Seekins suggested  that a constitutional amendment is needed                                                            
to change  the management  of the Permanent  Fund. The POMV  program                                                            
would intrinsically  inflation proof  the Fund, minimize  the impact                                                            
of  market  volatility,  and  eliminate  political   volatility.  He                                                            
expressed his  unequivocal support of a constitutional  amendment to                                                            
implement the POMV management plan.                                                                                             
                                                                                                                                
Senator Seekins  commented  that the question  of how the  Permanent                                                            
Fund should be spent is  constantly raised whenever the POMV plan is                                                            
discussed,  which  causes  the issue  to  become "a  political  land                                                            
mine".                                                                                                                          
                                                                                                                                
Senator  Seekins   informed  that  many  people  question   why  the                                                            
management of  the Permanent Fund needs to be changed  if it remains                                                            
functional. Senator Seekins  explained that Ford Model T cars are no                                                            
longer sold  at car dealerships because  they are antiques  that are                                                            
exposed to liability and  do not meet the needs of drivers. The same                                                            
reasons explain  why the  current management  of the Permanent  Fund                                                            
needs to be changed.                                                                                                            
                                                                                                                                
Senator  Seekins  referenced  a document  published  by  the  Alaska                                                            
Legislative Affairs  Agency titled "The Citizen's  Guide to Alaska's                                                            
Constitution"  and highlighted the insight it provides.  He used the                                                            
document to reference  the section discussing Article  2 of Alaska's                                                            
Constitution,  which focuses  on the Convention  Delegates.  He read                                                            
the following.                                                                                                                  
                                                                                                                                
     Convention  Delegates  created a  strong legislature  with  the                                                            
     power  and resources  to  act decisively  and  effectively.  In                                                            
     doing  so,  the  Delegates  trusted   the  legislature  to  act                                                            
     responsibly.  While many state  constitutions reflect  profound                                                            
     suspicion  of the legislature,  Alaska's Constitution  declares                                                            
     confidence  in  the legislative  body:  it is  small, it  meets                                                            
     annually,  its members  are paid a salary,  and it may  arrange                                                            
     for  its  own   supporting  services.  Most  importantly,   the                                                            
     legislature  has broad  discretion  to fashion  the details  of                                                            
     government   structure   and  operation,   details  which   are                                                            
     specified in the constitutions of many other states.                                                                       
                                                                                                                                
Senator   Seekins  submitted   that   the  legislature   has   acted                                                            
responsibly  in the use and management  of the Permanent  Fund. Two-                                                            
thirds of  the corpus of  the Permanent Fund  has been deposited  in                                                            
the Fund through  appropriations from  the earnings reserve  account                                                            
and through inflation proofing,  including the inflation proofing of                                                            
appreciating assets.  The Fund's current balance of  $28 billion can                                                            
be attributed  to the responsible  actions  of the legislature.  The                                                            
objective of the  current legislature is to enact  the will of their                                                            
constituents, not to plunder the Permanent Fund.                                                                                
                                                                                                                                
Senator Seekins  pointed out  that when he  served on the  Permanent                                                            
Fund Board of Trustees,  the only question he was ever asked was the                                                            
amount of the  Permanent Fund Dividend.  The amount of the  Dividend                                                            
affects the  quality of life of many  of Alaska's citizens,  yet for                                                            
other citizens the Dividend  is simply a bonus. He expressed concern                                                            
in eliminating  the legislature's  flexibility to determine  the use                                                            
of  the earnings  of  the  Permanent  Fund. If  the  Permanent  Fund                                                            
Dividend were placed in  statute the public would be given assurance                                                            
of their Dividend,  and the legislature could continue  to determine                                                            
the use of  the remainder of the Permanent  Fund's earnings.  All of                                                            
the  funds the  legislature  appropriates  are spent  on  government                                                            
services that directly serve Alaska's citizens.                                                                                 
                                                                                                                                
Senator Seekins  referenced  a handout dated  March 17, 2004,  which                                                            
roughly outlines his proposal.  In this proposal a new formula would                                                            
be placed in statute that  would determine the amount to be annually                                                            
appropriated  from  the  Permanent   Fund,  and  the  amount  to  be                                                            
appropriated  for Dividends  and for  education.  Under the  current                                                            
version of SJR  18 only five-percent of the Permanent  Fund could be                                                            
appropriated  to the general  fund. A reasonable  dividend  would be                                                            
required under  this proposal similar to the current  method used to                                                            
determine  the Dividend,  and  the remainder  of  the appropriation                                                             
would  be earmarked  for the education  budget,  which affects  more                                                            
people in  the State than  any other program.  Any additional  funds                                                            
would be used to replenish  the Constitutional Budget Reserve (CBR).                                                            
                                                                                                                                
Senator Seekins  informed that the  principal of the Permanent  Fund                                                            
is composed  of royalty  deposits,  special deposits  and  inflation                                                            
proofing. As  of June 30, 2003 the  principal of the Fund  was $22.5                                                            
billion.  Beginning with the  June 30, 2003  balance and adding  the                                                            
royalty  deposits and  an amount equal  to the  average increase  in                                                            
Consumer Price Index (CPI)  for all urban consumers in the Anchorage                                                            
metropolitan  area the new balance  of the Fund would be  estimated.                                                            
To address  concerns that the principal  of the Fund would  diminish                                                            
if this proposal  was enacted, no  appropriation could be  made that                                                            
would cause the  balance of the principal of the fund  to go beneath                                                            
the  new  balance  estimate.  The  estimates   would  be  calculated                                                            
annually.                                                                                                                       
                                                                                                                                
Senator  Seekins  stated  that  the  current  market  value  of  the                                                            
Permanent  Fund  is  approximately  $28  billion,  and  the  current                                                            
principal is approximately  $23 billion. It would  take two or three                                                            
"disastrous years" for  the Fund to be reduced to the principal, and                                                            
many warnings  would be received notifying of the  loss of earnings.                                                            
                                                                                                                                
Senator Seekins  referenced another  document that outlines  how the                                                            
legislative proctors  would incorporate the Permanent  Fund Dividend                                                            
into State  statute. He voiced concern  in enshrining any  endowment                                                            
in the State  Constitution, and expressed  the need for competition                                                             
between funds  on an annual basis. He emphasized the  ability of his                                                            
proposal  to instill the  POMV plan, and address  the intent  of the                                                            
legislature  regarding  Dividends and  other State  funding  through                                                            
statute, rather than through the constitution.                                                                                  
                                                                                                                                
Senator Seekins  distributed a work  draft, CS SJR 18, 23-ls1856\A.                                                             
                                                                                                                                
Co-Chair Green  asked if this proposal  is dependent on the  passage                                                            
of a POMV plan  and whether this proposal avoids the  disposition of                                                            
the earnings of the Permanent Fund.                                                                                             
                                                                                                                                
Senator Seekins affirmed.                                                                                                       
                                                                                                                                
Co-Chair  Green questioned  whether  the funds  available after  the                                                            
Dividend appropriation  would be allocated at the  discretion of the                                                            
legislature. She  asked if the remaining funds must  be allocated to                                                            
the education budget.                                                                                                           
                                                                                                                                
Senator Seekins  responded that this  proposal would simply  replace                                                            
the existing  statutes  regarding  the management  of the  Permanent                                                            
Fund and the  Dividend appropriation.  The statues could  be changed                                                            
by the  legislature in times  of an emergency.  The legislature  has                                                            
the responsibility of changing or maintaining statutes.                                                                         
                                                                                                                                
Senator  Bunde  referred   to  Senator  Seekins'  emphasis   on  the                                                            
importance of  allowing the legislature the flexibility  to react to                                                            
current conditions when  appropriating the earnings of the Permanent                                                            
Fund. Senator  Bunde questioned how  flexibility is maintained  when                                                            
funds  would be committed  to education  programs  if this  proposal                                                            
were passed.                                                                                                                    
                                                                                                                                
Senator Seekins  understood Senator  Bunde's inference. He  stressed                                                            
the proposal's  focus on intent, and vocalized his  attempt to avoid                                                            
a "new constitutional clash".                                                                                                   
                                                                                                                                
Senator  Bunde remembered  that the legislature  has abstained  from                                                            
appropriating  the Permanent  Fund earnings  available in the  past,                                                            
partially due to public  watchfulness. The legislature has been able                                                            
to change statute, and  would continue to have the ability to change                                                            
it. The legislature's  past diligence should eliminate  criticism of                                                            
this method of enshrining the Dividend and the POMV plan.                                                                       
                                                                                                                                
Senator Olson  asked why  the POMV plan must  be passed before  this                                                            
proposal could be implemented.                                                                                                  
                                                                                                                                
Senator Seekins  responded that this  proposal would not  work until                                                            
the POMV plan was implemented.                                                                                                  
                                                                                                                                
Senator  Olson questioned  whether the  POMV plan  would enable  the                                                            
legislature to access the principal of the Permanent Fund.                                                                      
                                                                                                                                
Senator  Seekins  replied  that the  principal  would  be  protected                                                            
because the annually  estimated balance of the Permanent  Fund would                                                            
have to be maintained.  The legislature could not  appropriate funds                                                            
that would threaten that balance.                                                                                               
                                                                                                                                
Senator Bunde  observed that  without the  POMV plan Permanent  Fund                                                            
earnings  could not  be used  for  government programs  because  the                                                            
funding availability fluctuates from year to year.                                                                              
                                                                                                                                
Senator   Seekins  concluded   that  the   current  Permanent   Fund                                                            
management system does  allow the principal to be threatened through                                                            
the discriminatory selling of equities.                                                                                         
                                                                                                                                
Senator  Bunde   asked  if  this   proposed  legislation   would  be                                                            
introduced.                                                                                                                     
                                                                                                                                
Senator Seekins  answered  that he would  attempt to introduce  this                                                            
legislation.                                                                                                                    
                                                                                                                                
Presentation by Senator Ben Stevens                                                                                             
Statewide Sales Tax                                                                                                             
                                                                                                                                
Senator B. Stevens  distributed work draft legislation,  SB 366, 23-                                                            
LS1051\S,  which he  indicated  would be  introduced  in the  Senate                                                            
during the next floor session.                                                                                                  
                                                                                                                                
Senator B. Stevens  stated that the proposed legislation  is "an act                                                            
relating to the  levy and collection of sales and  use taxes, to the                                                            
levy  and collection  of  municipal  sales  and  use taxes,  and  to                                                            
municipal sales and use  taxes on alcoholic beverages; and providing                                                            
for  an  effective  date."  This proposal   is being  offered  as  a                                                            
possible  source  of  revenue  for the  State.  Senator  B.  Stevens                                                            
explained that he is introducing  this proposal because although the                                                            
Senate  has considered  this concept  in the past,  it had not  been                                                            
discussed recently.                                                                                                             
                                                                                                                                
Senator B. Stevens  highlighted this proposed legislation  beginning                                                            
with  Section 9  on  page 3,  which would  allow  municipalities  to                                                            
implement this tax without  a vote. He also referenced page 4, lines                                                            
15 - 17, which outline the taxes this bill would implement.                                                                     
                                                                                                                                
                    Chapter 44. Sales and Use Tax.                                                                              
          Sec. 43.44.010. Levy of sales and use tax; tax rate. (a)                                                              
     A sales tax is levied on the sale, lease of rental of tangible                                                             
     personal property and on the sale of services.                                                                             
                                                                                                                                
Senator B. Stevens  continued that this legislation  would institute                                                            
a  four-percent  statewide  sales  tax,  which  would  be  added  to                                                            
existing municipal sales taxes. For example, Juneau has a five-                                                                 
percent municipal  tax. This bill would add a four-percent  tax, for                                                            
a total tax of nine-percent.  However, the State would reimburse the                                                            
municipality  for the local  tax and one-percent  of the State  tax,                                                            
thus,  the   Juneau  municipality   would   receive  a  six-percent                                                             
reimbursement. Under this  proposal the State would always collect a                                                            
minimum  tax  of  three-percent.  This  bill  encourages  the  local                                                            
implementation  of a municipal sales tax. Those communities  without                                                            
a municipal sales  tax, such as Anchorage, would not  receive a one-                                                            
percent reimbursement.                                                                                                          
                                                                                                                                
Senator B. Stevens commented  that this bill is broad and inclusive.                                                            
The exemptions  from the statewide  sales tax are listed  on page 4,                                                            
beginning  on line 23. Any  exemptions under  State and federal  law                                                            
would  also be  exempted  in  this legislation.  He  listed  certain                                                            
exemptions.                                                                                                                     
                                                                                                                                
Co-Chair Wilken  noted that this legislation could  not be scheduled                                                            
for a formal  hearing until  the following  week, but the  Committee                                                            
could discuss the proposal before then.                                                                                         
                                                                                                                                
Senator  Bunde asked  for the reason  why municipalities  without  a                                                            
sales tax would not receive a one-percent reimbursement.                                                                        
                                                                                                                                
Senator  B.   Stevens  responded   that  the  sales  tax   issue  is                                                            
contentious to  those municipalities that rely on  the sales tax for                                                            
revenue. These  municipalities typically have a high  sales tax rate                                                            
and  a low  mil rate,  or no  mil  rate. A  statewide  sales tax  in                                                            
addition  to  a  high  municipal  sales   tax  could  cause  certain                                                            
communities to  become less competitive regarding  the sale of goods                                                            
and  services. The  statewide  sales  tax would  entice communities                                                             
without  an existing  tax  to  create a  municipal  tax  to be  less                                                            
financially reliant on State appropriations.                                                                                    
                                                                                                                                
Senator Bunde commented  that this reimbursement does not change the                                                            
relative difference  between those municipalities  with a sales tax,                                                            
and those without. The  National Conference of State Legislatures is                                                            
discussing  a fair tax act  that would require  citizens to  pay the                                                            
sales tax of  their home state when  purchasing out-of-state  goods.                                                            
                                                                                                                                
Senator B. Stevens responded  that he was aware of the fair tax act.                                                            
He added  that a  statewide sales  tax brings  forth a multitude  of                                                            
questions and uncertainties.                                                                                                    
                                                                                                                                
                                                                                                                                
SFC 04 # 45, Side A 10:41 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator B. Stevens  continued that 45 states have  a statewide sales                                                            
tax, and  these states  generate  approximately  one-third of  their                                                            
total budget  through the revenue  from the sales tax. These  states                                                            
have managed  to balance other taxes,  such as county and  municipal                                                            
taxes, and the statewide sales tax.                                                                                             
                                                                                                                                
Senator Hoffman  commented that certain  states exempt out  of state                                                            
visitors from the state  sales tax. He asked if this sales tax would                                                            
apply  to those  out  of state  visitors.  He  also asked  how  much                                                            
revenue this tax would generate.                                                                                                
                                                                                                                                
Senator  B. Stevens  replied that  this sales tax  would not  exempt                                                            
anyone because it would be a consumption tax.                                                                                   
                                                                                                                                
Senator B.  Stevens stated  that he was unsure  the amount  this tax                                                            
would  generate  because  the  Department  of Revenue  has  not  yet                                                            
reviewed this  bill. Using last year's figures, a  three-percent tax                                                            
would have  raised $330 million,  but that  amount does not  include                                                            
the one-percent reimbursement to the municipalities.                                                                            
                                                                                                                                
SENATOR TOM  WAGONER informed that  the City of Kenai and  the Kenai                                                            
Peninsula  Borough each  have  a sales  tax. He  asked which  entity                                                            
would  receive the  one-percent  reimbursement  if this legislation                                                             
were implemented.                                                                                                               
                                                                                                                                
Senator  B.  Stevens  replied  that  the  reimbursement   should  be                                                            
distributed based on the percentages of each sales tax.                                                                         
                                                                                                                                
Senator  Wagoner clarified  that  the area  of the  Kenai  Peninsula                                                            
Borough outside  of the City  of Kenai would  receive the full  one-                                                            
percent reimbursement.                                                                                                          
                                                                                                                                
Senator B. Stevens affirmed.                                                                                                    
                                                                                                                                
Senator Seekins  asked if the sales  tax levy would be limited  to a                                                            
certain amount of each sale.                                                                                                    
                                                                                                                                
Senator  B. Stevens  responded that  the current  proposal does  not                                                            
contain a limit  because of time constraints  in drafting  the bill.                                                            
He suggested a limit at $60 per purchase.                                                                                       
                                                                                                                                
Senator  Seekins asked  how the  sales  tax would  affect items  for                                                            
resale.                                                                                                                         
                                                                                                                                
Senator B. Stevens was  unsure. A provision needs to be developed to                                                            
eliminate resale purchases from the sales tax.                                                                                  
                                                                                                                                
Senator Seekins  clarified that Senator B. Steven's  intention is to                                                            
tax the final retail transaction.                                                                                               
                                                                                                                                
Senator B. Stevens affirmed.                                                                                                    
                                                                                                                                
Senator Hoffman questioned  whether the $60 limit would be per item,                                                            
or per invoice.                                                                                                                 
                                                                                                                                
Senator B.  Stevens answered  that the tax  would be limited  to $60                                                            
per transaction.  For example, if a $10,000 item were  purchased the                                                            
state tax would be $60.                                                                                                         
                                                                                                                                
Co-Chair Green  referenced a book,  which detailed that many  states                                                            
have a defective  sales tax structure  in place because it  is based                                                            
on data from the 1930's. She read.                                                                                              
                                                                                                                                
     In 1960 41% of U.S.  consumption dollars were spent on services                                                            
     provided   by   attorneys,   accountants,   landscapers,   pool                                                            
     cleaners,  etc. By 2000 that  percentage had risen to  58%, and                                                            
      yet most of those states are not taxing those services.                                                                   
                                                                                                                                
As a result of this tax  structure, the sales tax on consumables and                                                            
tangibles continues  to rise. The  book suggested the validity  of a                                                            
tax that equally  applies to many items rather than  a high tax on a                                                            
few items.                                                                                                                      
                                                                                                                                
PHELAN STRAUBE,  Staff to  Senator B. Stevens,  commented that  this                                                            
legislation is  based on the streamline sales tax  model, which is a                                                            
national  model that  has eliminated  the faults  of past sales  tax                                                            
structures. Services would be taxed under this legislation.                                                                     
                                                                                                                                
SENATOR GARY  STEVENS asked if this  tax would be enforced  by local                                                            
municipalities or by State bureaucracy.                                                                                         
                                                                                                                                
Senator  B.  Stevens   responded  that  if  this  legislation   were                                                            
implemented the State would  assume the responsibility of collection                                                            
for the municipal  sales taxes. The municipalities  would inform the                                                            
Department  of  Revenue  of  their  sales  tax  structure,  and  the                                                            
Department  would collect  the municipal  and  statewide taxes.  The                                                            
municipal sales tax and  the one-percent reimbursement would then be                                                            
distributed to the municipalities.                                                                                              
                                                                                                                                
Senator  B.  Stevens stated  that  this  legislation  would  relieve                                                            
municipalities  of  the  efforts   and costs   associated  with  the                                                            
collection and enforcement of their sales tax.                                                                                  
                                                                                                                                
Senator  G. Stevens  was unsure why  the local  structures that  are                                                            
already in place to collect  and enforce municipal sales taxes would                                                            
need  to be  replaced  by a  new  State structure.  He  agreed  that                                                            
municipalities  would benefit from  not having the expenses  related                                                            
to collecting their taxes.                                                                                                      
                                                                                                                                
Senator B. Stevens replied  that this legislation was designed using                                                            
suggestions from a national model.                                                                                              
                                                                                                                                
Mr. Straube  explained that the national  model was used  because in                                                            
other states where  municipalities maintained the  responsibility of                                                            
the collection and enforcement  of local taxes, it was difficult for                                                            
businesses to interact  with jurisdictions each with different rules                                                            
and enforcement policies.                                                                                                       
                                                                                                                                
Senator Hoffman noted that  natural gas, the primary heating fuel in                                                            
many areas, would be exempted  from this bill; however, diesel fuel,                                                            
the primary  heating fuel  in rural Alaska,  would not. He  asked if                                                            
the intention  of this  bill was  to tax rural  Alaskan's for  their                                                            
heating fuel, and not urban Alaskans.                                                                                           
                                                                                                                                
Senator  B.  Stevens  replied  that  there  is  no  intent  in  this                                                            
legislation  to  unfairly  tax basic  human  needs. The  absence  of                                                            
heating fuel as an exemption is an oversight.                                                                                   
                                                                                                                                
Senator Wilken clarified that heating fuel is used in Fairbanks.                                                                
                                                                                                                                
SENATOR BERT  STEDMAN asked  the sponsor  to explain the  conceptual                                                            
aspects of  this legislation. Currently  the State's income  and tax                                                            
structure  is separate  from the  municipalities.  This distinction                                                             
allows the  municipalities  and boroughs flexibility  to respond  to                                                            
their State appropriated  budget through adjustments to property and                                                            
sales taxes. He  suggested that this flexibility would  be minimized                                                            
with  the   implementation  of  a   State  sales  tax  because   the                                                            
municipalities  with  a high  sales  tax would  be forced  to  raise                                                            
property taxes in response  to a budget shortfall. He noted that one                                                            
of the communities  in his district has an eight-percent  sales tax.                                                            
                                                                                                                                
Senator  B.  Stevens responded  that  the  municipalities  have  the                                                            
ability  to implement  and  raise both  a sales  tax  and mil  rate.                                                            
Typically municipalities  with a high sales tax rate  have a low mil                                                            
rate, and those  with a high mil rate have a low sales  tax rate, or                                                            
no sales tax. This legislation  would benefit municipalities without                                                            
an existing sales  tax because with the adoption of  a sales tax the                                                            
local mil rate  could be reduced.  This legislation is not  intended                                                            
to  lessen  the  discretion  of  the  boroughs  and  municipalities                                                             
relating to local revenue.                                                                                                      
                                                                                                                                
Senator Stedman  informed that the  Southeastern Alaska district  he                                                            
represents  has experienced  a substantial  decline in the  industry                                                            
base of  timber and fishing.  The mil rates  have increased,  and in                                                            
some areas the assessments  have declined. As a result, the boroughs                                                            
and cities have lost their  ability to maneuver within their revenue                                                            
streams, forcing  them to consider  tax increases. This legislation                                                             
would not only  affect the State, but also cities  and boroughs with                                                            
declining economies.                                                                                                            
                                                                                                                                
Senator  Bunde  questioned  whether  this  legislation  could  allow                                                            
different  exemptions  to  be implemented  on  the State  and  local                                                            
levels.                                                                                                                         
                                                                                                                                
Senator  B. Stevens  answered that  different  exemptions would  not                                                            
allowed. This legislation  would eliminate exemption variances among                                                            
the municipalities, and create one statewide set of exemptions.                                                                 
                                                                                                                                
Senator Bunde commented  that in Juneau and other areas of the State                                                            
there is a sales  tax exemption for senior citizens.  He warned that                                                            
eliminating those exemptions could create a "landmine".                                                                         
                                                                                                                                
Senator B.  Stevens realized that  this legislation would  be highly                                                            
criticized, but he was  willing to hear those criticisms. The senior                                                            
citizen exemption  may already  be included  in State law,  in which                                                            
case it  would be included  in this legislation.  He referenced  the                                                            
book that Co-Chair Green discussed, and emphasized the importance                                                               
of not making too many exemptions.                                                                                              
                                                                                                                                
Co-Chair Wilken suggested that the Committee members compile their                                                              
concerns, and this bill would be brought before the Committee                                                                   
formally in the near future.                                                                                                    
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Gary Wilken adjourned the meeting at 11:01 AM                                                                          

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