Legislature(2021 - 2022)SENATE FINANCE 532

08/23/2021 03:00 PM Senate FINANCE

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03:02:39 PM Start
03:04:58 PM Constitutional Budget Reserve Sweep Overview
04:08:03 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Agenda Forthcoming TELECONFERENCED
Bills Previously Heard/Scheduled
                 SENATE FINANCE COMMITTEE                                                                                       
                   THIRD SPECIAL SESSION                                                                                        
                      August 23, 2021                                                                                           
                         3:02 p.m.                                                                                              
                                                                                                                                
3:02:39 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 3:02 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Co-Chair                                                                                                  
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson (via teleconference)                                                                                        
Senator Natasha von Imhof (via teleconference)                                                                                  
Senator Bill Wielechowski (via teleconference)                                                                                  
Senator David Wilson (via teleconference)                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Alexei Painter, Director, Legislative Finance Division;                                                                         
Senator Jesse Kiehl.                                                                                                            
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Megan Wallace, Director, Legislative Legal Services, Alaska                                                                     
State Legislature.                                                                                                              
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
^CONSTITUTIONAL BUDGET RESERVE SWEEP OVERVIEW                                                                                 
                                                                                                                                
3:04:58 PM                                                                                                                    
                                                                                                                                
ALEXEI  PAINTER,  DIRECTOR,  LEGISLATIVE  FINANCE  DIVISION,                                                                    
discussed,  "Constitutional Budget  Reserve Sweep  Overview"                                                                    
(copy  on   file).  He  looked   at  slide  2,   "CBR  Sweep                                                                    
Mechanism":                                                                                                                     
                                                                                                                                
    The CBR sweep provision was established in Article                                                                          
     IX, Section 17 of the Alaska Constitution:                                                                                 
                                                                                                                                
     (d)  Repayment requirement    "If  an appropriation  is                                                                    
     made  from the  budget reserve  fund, until  the amount                                                                    
     appropriated  is repaid,  the  amount of  money in  the                                                                    
     general fund available for appropriation  at the end of                                                                    
     each succeeding  fiscal year shall be  deposited in the                                                                    
     budget  reserve fund.  The legislature  shall implement                                                                    
     this subsection by law."                                                                                                   
                                                                                                                                
Mr. Painter  relayed that  he would  touch on  the important                                                                    
clauses  within  the  Constitutional  Budget  Reserve  (CBR)                                                                    
sweep  provision.  He  noted  that   the  state  had  a  CBR                                                                    
liability for  many years,  and then  in the  mid-2000's the                                                                    
state repaid  the liability.  Starting in  FY 15,  the state                                                                    
began  drawing from  the  CBR again,  and  currently had  an                                                                    
approximately   $11  billion   to   $12  billion   liability                                                                    
(depending upon the interpretation).                                                                                            
                                                                                                                                
Senator Hoffman  quoted the last  sentence of the  CBR sweep                                                                    
provision. He  asked what, if anything,  the legislature had                                                                    
done to  establish what was  swept. He noted that  the Power                                                                    
Cost  Equalization  (PCE) Program  had  never  been part  of                                                                    
legislation  establishing the  fund as  a "sweepable"  item,                                                                    
and  the matter  had  to  go to  court  to  be resolved.  He                                                                    
thought  the  broader question  pertained  to  the lists  of                                                                    
items that  were sweepable. He  asked how many of  the items                                                                    
had been determined to be sweepable by state law.                                                                               
                                                                                                                                
Mr.  Painter  thought  that his  next  slide  would  address                                                                    
Senator Hoffman's question.                                                                                                     
                                                                                                                                
Co-Chair  Bishop mentioned  the $10  billion to  $12 billion                                                                    
that was  owed to the CBR.  He thought the liability  to the                                                                    
CBR functioned as  a natural spending limit due  to the time                                                                    
it would take to repay the funds.                                                                                               
                                                                                                                                
3:08:23 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman asked  Mr. Painter to provide  a rough idea                                                                    
of the  amount owed to  the CBR,  as well as  interest rates                                                                    
and payment terms.                                                                                                              
                                                                                                                                
Mr. Painter  replied that the amount  owed was approximately                                                                    
$11 billion  to $12  billion, and that  there was  a dispute                                                                    
between the  administration and the Division  of Legislative                                                                    
Audit  regarding $1  billion  of the  amount.  There was  no                                                                    
interest on the debt, and  the terms considered the amount a                                                                    
debt until it was paid.  The section of the constitution set                                                                    
up  the mechanism,  which dictated  that at  the end  of the                                                                    
year  the General  Fund  (GF) would  be  deposited into  the                                                                    
reserve  fund.   The  exact   mechanics  of   the  repayment                                                                    
functioned was somewhat  in dispute. In the  years of budget                                                                    
surplus,  the Senate  had directly  deposited  funds to  the                                                                    
CBR, allowed funds to be swept  to the CBR, or a combination                                                                    
of both.                                                                                                                        
                                                                                                                                
Mr. Painter looked at slide 3, "Reverse Sweep":                                                                                 
                                                                                                                                
     ? The "reverse sweep" is  an appropriation from the CBR                                                                    
     that returns  swept funds back to  the original subfund                                                                    
     or  account. The  "reverse sweep"  is an  appropriation                                                                    
     under art. IX,  sec. 17(c), and requires a  3/4 vote to                                                                    
     pass.                                                                                                                      
                                                                                                                                
     ? The  sweep is effective at  the end of a  fiscal year                                                                    
     (June 30)  and the  reverse sweep  is effective  on the                                                                    
     first day of the following fiscal year (July 1).                                                                           
                                                                                                                                
Mr. Painter noted that in  appropriation language, often the                                                                    
legislature  would  reverse  the  sweep only  for  the  sub-                                                                    
accounts and  not for the  GF itself because the  GF balance                                                                    
was reset by the sweep back  to zero at the beginning of the                                                                    
year.                                                                                                                           
                                                                                                                                
Co-Chair  Bishop  commented  that  the  three-quarters  vote                                                                    
(required to access  the CBR) cost the  legislature time and                                                                    
money. He  believed there  should be  no monetary  policy in                                                                    
the constitution.                                                                                                               
                                                                                                                                
Mr.  Painter  highlighted  slide  4,  "Statute  Implementing                                                                    
Sweep Was Found Unconstitutional":                                                                                              
                                                                                                                                
    ? AS 37.10.420 was intended to implement the sweep.                                                                         
        The Supreme  Court in  Hickel v.  Cowper found  this                                                                    
     statute unconstitutional in 1994.                                                                                          
     ?  Since   then,  the  executive  branch   has  had  to                                                                    
     implement  the sweep  without  statutory guidance.  The                                                                    
     list  of  sweepable  funds has  been  driven  by  legal                                                                    
     interpretations of Hickel v. Cowper.                                                                                       
     ?  The  legislature  could  pass  a  new  statute  that                                                                    
     attempts  to  define  which funds  are  sweepable,  but                                                                    
     absent  this  or  a  court  case  the  administration's                                                                    
     interpretation is operative.                                                                                               
                                                                                                                                
3:12:36 PM                                                                                                                    
                                                                                                                                
Senator  von  Imhof  considered  slide 3  and  slide  4  and                                                                    
interpreted that  the sweep  was found  unconstitutional and                                                                    
then it had to be implemented "by hand."                                                                                        
                                                                                                                                
Mr. Painter  replied that the  statute that  had implemented                                                                    
the sweep and  determined what was sweepable  had been found                                                                    
unconstitutional   rather  than   the   sweep  itself.   The                                                                    
interpretation of  what was  subject to  the sweep  had been                                                                    
subject to  reading the  footnotes of  the Hickel  v. Cowper                                                                    
case in the absent of a statute.                                                                                                
                                                                                                                                
Mr. Painter addressed slide 5, "How the Sweep Works":                                                                           
                                                                                                                                
     ?  The  Department   of  Administration's  Division  of                                                                    
     Finance  (DOF) accountants  calculate  the sweep  while                                                                    
     preparing  the  Annual Comprehensive  Financial  Report                                                                    
     (ACFR). The  sweep represents  unreserved, undesignated                                                                    
     fund balances of the general fund subfunds.                                                                                
                                                                                                                                
     ? DOF  accountants calculate the sweep  in September as                                                                    
     the ACFR  is prepared  yet the amount  of the  sweep is                                                                    
     posted in  the financial records  as of the end  of the                                                                    
     fiscal year (June 30th).                                                                                                   
                                                                                                                                
     ? After the  ACFR is prepared (historically  by the end                                                                    
     of  October), the  ACFR is  audited by  the legislative                                                                    
    auditor. The sweep amount is adjusted as necessary.                                                                         
                                                                                                                                
Co-Chair  Stedman  recalled  that the  most  recent  account                                                                    
balances had not been available till February.                                                                                  
                                                                                                                                
Mr.  Painter affirmed  that previous  two years  numbers had                                                                    
been delayed.                                                                                                                   
                                                                                                                                
3:15:31 PM                                                                                                                    
                                                                                                                                
Mr. Painter  looked at slide  6, "Changes  in Interpretation                                                                    
for FY19 Sweep":                                                                                                                
                                                                                                                                
     ?  Starting with  the  FY19  sweep, the  administration                                                                    
     expanded the  scope of the sweep  to include additional                                                                    
     funds.                                                                                                                     
                                                                                                                                
     ?  Most  significantly,  the   sweep  was  expanded  to                                                                    
     include the Power Cost Equalization  (PCE) Fund and the                                                                    
     Higher Education Investment Fund.                                                                                          
                                                                                                                                
     ? While  this added  only a few  new funds,  it greatly                                                                    
     increased  the affected  balances: in  FY20, those  two                                                                    
     funds  accounted  for  $1.4 billion  out  of  the  $1.5                                                                    
     billion swept to the CBR.                                                                                                  
                                                                                                                                
Senator Hoffman discussed concerns  with participants in the                                                                    
PCE Program being  responsible for the cost  of higher rates                                                                    
due to  the lawsuit  regarding the sweep.  He asked  how the                                                                    
individuals would get reimbursed for  the months of July and                                                                    
August, since the lawsuit regarding  the sweep was proven to                                                                    
be null and void.                                                                                                               
                                                                                                                                
Mr.  Painter did  not know  the answer  and agreed  to check                                                                    
with  the Alaska  Energy Authority,  which administered  the                                                                    
program.                                                                                                                        
                                                                                                                                
Senator   Hoffman  asked   if   Mr.   Painter  thought   the                                                                    
individuals should be reimbursed.                                                                                               
                                                                                                                                
Mr.  Painter believed  that  the state  had  funded for  the                                                                    
entire year and that the entire amount should be paid out.                                                                      
                                                                                                                                
Co-Chair Stedman noted that funds  such as the PCE Fund were                                                                    
deemed unsweepable for years, until  there was a change from                                                                    
the  current administration  with a  legal opinion  from the                                                                    
Department of Law.                                                                                                              
                                                                                                                                
Co-Chair Bishop  commented that the legislature  should have                                                                    
engaged in a lawsuit at the time.                                                                                               
                                                                                                                                
3:19:26 PM                                                                                                                    
                                                                                                                                
Mr. Painter  highlighted slide 7,  "Impact of  Litigation on                                                                    
Sweep Interpretation":                                                                                                          
                                                                                                                                
     ? The  Alaska Federation  of Natives brought  a lawsuit                                                                    
     against    the     administration    challenging    the                                                                    
     sweepability of the PCE Fund.                                                                                              
                                                                                                                                
     ? On August 11, a Superior  Court ruled in favor of the                                                                    
     plaintiffs, finding  that PCE should not  be subject to                                                                    
     the  sweep  because,  although  it  was  available  for                                                                    
    appropriation, it was not part of the general fund.                                                                         
                                                                                                                                
     ?  The  Superior  Court decision  also  indicates  that                                                                    
     other  funds that  are statutorily  established outside                                                                    
     the general fund should not  be swept, although this is                                                                    
     not directly ordered.                                                                                                      
                                                                                                                                
     ?  LFD  is  reviewing   the  sweepable  funds  list  to                                                                    
     determine whether  other funds should  be reclassified,                                                                    
     although it  is up to the  administration to reclassify                                                                    
     them in the absence of further litigation.                                                                                 
                                                                                                                                
             Most  notably,  the  Statutory  Budget  Reserve                                                                    
          likely should  not be subject  to the  sweep under                                                                    
          this  ruling  based  on  statutory  language  that                                                                    
          places the fund  as a "separate fund  in the state                                                                    
          treasury"  rather than  in the  general fund  (see                                                                    
          footnote 77  of the decision). This  fund has long                                                                    
          been considered sweepable.                                                                                            
                                                                                                                                
             The Higher  Education Fund  was established  in                                                                    
          the  general fund  and would  not  be affected  by                                                                    
          this ruling.                                                                                                          
                                                                                                                                
Senator  Hoffman asked  about Mr.  Painter's opinion  on the                                                                    
chances of the  Higher Education Fund not  being a sweepable                                                                    
item, since  it was never  included previously in  the sweep                                                                    
by the legislature or governors (as was the PCE Fund).                                                                          
                                                                                                                                
3:21:53 PM                                                                                                                    
                                                                                                                                
MEGAN WALLACE, DIRECTOR,  LEGISLATIVE LEGAL SERVICES, ALASKA                                                                    
STATE  LEGISLATURE (via  teleconference),  replied that  she                                                                    
had not  seen a specific  legal opinion from  the Department                                                                    
of  Law regarding  classification  of  the Higher  Education                                                                    
Investment Fund.  She continued that the  difference between                                                                    
the Higher Education  Fund and the PCE Fund was  that it was                                                                    
specifically  created by  the legislature  in  the GF.  Even                                                                    
though it  was used as  an endowment fund, the  money rested                                                                    
in  the GF  by  statute.  She continued  that  based on  the                                                                    
analysis in Hickel v. Cowper as  well as the analysis of the                                                                    
court  in  the recent  Alaska  Federation  of Natives  (AFN)                                                                    
case, there did not appear  to be anything to indicated that                                                                    
the Higher Education Fund was  exempt from the sweep because                                                                    
it remained available for appropriation by the legislature.                                                                     
                                                                                                                                
Ms. Wallace  continued to reason  that the  legislature must                                                                    
appropriate out of  the Higher Education Fund,  and the fund                                                                    
could not  be automatically  utilized by  the administration                                                                    
absent  an appropriation.  She furthered  that the  fund was                                                                    
currently in the GF, and  it was the division's opinion that                                                                    
if  the matter  was litigated  the court  would likely  find                                                                    
that the fund was subject  to the sweep, although neither of                                                                    
the cases  that addressed  the issue had  specifically ruled                                                                    
on the fund.                                                                                                                    
                                                                                                                                
Senator  Hoffman referenced  slide 4,  in which  Mr. Painter                                                                    
pointed out  that the legislature  could pass a  new statute                                                                    
that attempted  to define  what was  sweepable. He  asked if                                                                    
the  Higher  Education  Fund  would   be  sweepable  if  the                                                                    
legislature passed legislation indicating it was not.                                                                           
                                                                                                                                
Ms. Wallace replied  that if the legislature were  to pass a                                                                    
new  statute  implementing  the  sweep  and  identified  the                                                                    
Higher Education Fund  as not able to be swept,  it could be                                                                    
subject to  challenge.. She referenced Hickel  v. Cowper, in                                                                    
which  the  Alaska  Supreme  Court  looked  at  Article  IV,                                                                    
Section   19,  and   specifically  noted   that  while   the                                                                    
legislature was  required to implement  the section  by law,                                                                    
it  must do  so  within  the terms  of  Section  17 and  the                                                                    
legislature would still follow  the court's guidance on what                                                                    
it meant  to be  "available for appropriation."  She thought                                                                    
the legislature  had other  methods of  looking at  what was                                                                    
established or how  the fund was to be managed  if it wanted                                                                    
to  reconsider whether  the fund  should be  subject to  the                                                                    
sweep.                                                                                                                          
                                                                                                                                
3:26:09 PM                                                                                                                    
                                                                                                                                
Senator  Hoffman   thought  it   was  meaningful   that  the                                                                    
legislature and prior governors  had never deemed the Higher                                                                    
Education  Fund as  sweepable. He  opined that  it was  only                                                                    
because the  current administration  had deemed the  fund to                                                                    
be sweepable that it had come  into play. He assumed that if                                                                    
all prior governors  and legislatures had felt  the item was                                                                    
not  sweepable, that  the fund  should be  looked at  in the                                                                    
course   of   a   statute  change   to   comply   with   the                                                                    
interpretation of all previous governors and legislatures.                                                                      
                                                                                                                                
Senator Wilson  asked about  a list of  funds that  might be                                                                    
swept.                                                                                                                          
                                                                                                                                
Mr. Painter  thought the Legislative Finance  Division (LFD)                                                                    
could produce  an analysis fairly quickly.  He presumed that                                                                    
the  administration was  conducting an  analysis of  whether                                                                    
there should be  changes to the sweepable fund  list. He was                                                                    
not sure of the timeline.                                                                                                       
                                                                                                                                
Co-Chair Stedman  asked Mr. Painter  to procure the  list as                                                                    
soon as was convenient.                                                                                                         
                                                                                                                                
Senator  Wielechowski asked  if the  legislature could  have                                                                    
the  other sweepable  funds put  into  the Statutory  Budget                                                                    
Reserve (SBR)  or PCE  Fund, and then  sweep the  funds back                                                                    
into  their respective  accounts at  12:01 a.m.  of the  new                                                                    
fiscal year.                                                                                                                    
                                                                                                                                
Ms. Wallace thought the legislature  likely had the power of                                                                    
appropriation  to make  whatever appropriation  decisions it                                                                    
wanted and could  move funds around in  the upcoming budget.                                                                    
She thought  there would be  risk to  go back in  time since                                                                    
the sweep  was a  constitutional mechanism that  happened at                                                                    
the  end of  the fiscal  year. She  thought the  legislature                                                                    
could make a policy choice for future fiscal years.                                                                             
                                                                                                                                
3:30:02 PM                                                                                                                    
                                                                                                                                
Senator Wielechowski thought  it was an open  question as to                                                                    
what was  swept and what  was not  with regard to  the funds                                                                    
being discussed. He asked, if  under the court decision, the                                                                    
legislature could  pass legislation to have  the funds swept                                                                    
back, which  would force the  governor to file a  lawsuit if                                                                    
he did not want to enact the movement of the funds.                                                                             
                                                                                                                                
Ms. Wallace reminded  that as Mr. Painter  mentioned, it was                                                                    
not certain  which funds  would or would  not be  swept. She                                                                    
did not have the  answer to Senator Wielechowski's question,                                                                    
and  reminded that  if  money  was swept  into  the CBR,  it                                                                    
required a three-quarters vote to  appropriate the money out                                                                    
of the CBR to anywhere else.  If the money was not swept, it                                                                    
would remain  in the accounts that  it was in at  the end of                                                                    
the  fiscal year,  as appropriated  by the  legislature. She                                                                    
reiterated that there would be  risk if the legislature went                                                                    
back in  time and  did any  kind of  appropriating mechanism                                                                    
that arguably subverted the constitutional sweep.                                                                               
                                                                                                                                
Mr.  Painter looked  at slide  8,  "Impact of  Sweep on  the                                                                    
Budget":                                                                                                                        
                                                                                                                                
     ?  Based on  the list  of funds  swept in  FY20 by  the                                                                    
     Division  of  Finance,  the  FY22  budget  uses  $367.4                                                                    
     million from sweepable funds.  Subtracting the PCE fund                                                                    
     would reduce that to $321.2 million.                                                                                       
                                                                                                                                
     ? Not all funds are impacted equally, however. LFD                                                                         
     breaks them into three categories:                                                                                         
                                                                                                                                
          1. Immediate Impact: No ongoing source of revenue                                                                     
          to support appropriations.                                                                                            
          2. Partial Impact: Ongoing source of revenue that                                                                     
          is insufficient to support appropriations.                                                                            
          3. Minimal/No Impact: Ongoing source of revenue                                                                       
          fully covers appropriations.                                                                                          
                                                                                                                                
Mr.  Painter used  the example  of  Designated General  Fund                                                                    
(DGF)  taxes  as an  example  of  the  second type  of  fund                                                                    
category listed on the slide.                                                                                                   
                                                                                                                                
3:33:58 PM                                                                                                                    
                                                                                                                                
Senator von Imhof asked about  programs covered by sweepable                                                                    
funds versus the total of the funds themselves.                                                                                 
                                                                                                                                
Mr.  Painter thought  an upcoming  slide  would make  things                                                                    
clearer. He  commented on the  use of the  SBR in the  FY 22                                                                    
budget,  which  was  not  the same  in  previous  years  and                                                                    
increased the amount of  appropriations from sweepable funds                                                                    
versus other years.                                                                                                             
                                                                                                                                
Senator  Hoffman   asked  how  much  financial   impact  was                                                                    
incurred in the accounting  program to accomplish the sweep.                                                                    
He  recalled  an expense  in  the  millions to  reverse  the                                                                    
sweep.                                                                                                                          
                                                                                                                                
Mr. Painter  asked if Senator  Hoffman was  referencing lost                                                                    
investment earnings or actual expense.                                                                                          
                                                                                                                                
Senator Hoffman stated "both."                                                                                                  
                                                                                                                                
Mr. Painter replied that the  Division of Finance would find                                                                    
the numbers for  the sweep as part of  the financial report,                                                                    
so there  was no financial  impact. He continued  that there                                                                    
was a potential  impact to investment earnings  if the sweep                                                                    
reversal did  not occur  right away.  He added  that because                                                                    
the CBR  was invested  conservatively, and other  funds were                                                                    
invested  more aggressively  (such as  the Higher  Education                                                                    
Fund),  there would  be a  cost.  He cited  that moving  the                                                                    
Higher  Education  Fund to  the  CBR  alone would  cost  $20                                                                    
million to $25  million in investment earnings  in one year.                                                                    
He  summarized   that  there  was  a   significant  cost  in                                                                    
investment  earnings   by  moving   the  funds  to   a  more                                                                    
conservatively invested account.                                                                                                
                                                                                                                                
Senator Hoffman  emphasized the significance of  the numbers                                                                    
quoted  by  Mr.  Painter  and   the  impact  to  the  Higher                                                                    
Education Fund.  He thought the  loss of the $25  million in                                                                    
investment earnings resulted in  denying higher education to                                                                    
people in Alaska.                                                                                                               
                                                                                                                                
3:38:15 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  thought that  the issue was  with politics                                                                    
rather than  finances. He recounted  that the  committee had                                                                    
never recommended not  reversing the sweep because  it was a                                                                    
costly financial  mistake. He reminded that  the legislature                                                                    
reviewed all  the accounts  at the  beginning of  the budget                                                                    
cycle, after  the administration  had reviewed  the accounts                                                                    
and  presented a  budget. He  emphasized  that the  accounts                                                                    
were  reviewed by  the administration  and legislature  each                                                                    
year  to ensure  there  was a  prudent  minimum balance.  He                                                                    
thought  the  lost  earnings   resulted  in  increasing  the                                                                    
state's deficit.  He thought some people  thought there were                                                                    
large account  balances with extra  funds, which was  not at                                                                    
all the case.                                                                                                                   
                                                                                                                                
Senator  Hoffman  emphasized  that  the money  lost  to  the                                                                    
students of Alaska through the  loss to the Higher Education                                                                    
Fund  was  another  strong reason  for  the  legislature  to                                                                    
introduce  legislation proposing  that  the fund  was not  a                                                                    
sweepable item.  He stressed that the  education of students                                                                    
would be in  jeopardy every year when the  funds were swept,                                                                    
and millions  were lost  because of the  way the  funds were                                                                    
invested.                                                                                                                       
                                                                                                                                
Senator Wilson  thought Mr. Painter  had mentioned  that the                                                                    
administration  might not  start  the sweep  right away.  He                                                                    
asked  if the  administration  had  started the  liquidation                                                                    
process since it  had been over a month since  the sweep had                                                                    
happened.                                                                                                                       
                                                                                                                                
Mr.  Painter   relayed  that  he   had  only   had  informal                                                                    
conversations with the administration  on the topic, and the                                                                    
committee might  need to ask  the administration  directly a                                                                    
about  its plans.  He thought  given the  timing, since  the                                                                    
audit was not complete, the  administration did not know how                                                                    
much money to move.                                                                                                             
                                                                                                                                
3:41:53 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  stated that the legislature  had asked the                                                                    
question before,  and had noted that  although the technical                                                                    
sweep  was  in  the  beginning   of  the  fiscal  year,  the                                                                    
mechanical  sweep  could  happen  as late  as  November  and                                                                    
December when account balances were  known. He reminded that                                                                    
there was a  time when the reverse sweep did  not take place                                                                    
during the regular legislative  session, and the legislature                                                                    
had stepped in the following  January because there had been                                                                    
an "accounting  quagmire." He commented on  the large amount                                                                    
of  lost revenue  that supporters  of  blocking the  reverse                                                                    
sweep were costing the state.                                                                                                   
                                                                                                                                
Mr.  Painter highlighted  slide  9, "Summary  of Impacts  by                                                                    
Category."  He  thought  there  was  a  fourth  category  of                                                                    
funding  type  which  was   the  "immediate  impact  pending                                                                    
interpretation,"  which  was  the  SBR  and  was  either  an                                                                    
immediate impact  or did  not belong  on the  list depending                                                                    
upon  how  the  administration  decided  to  handle  it.  He                                                                    
pointed  out the  first column  that showed  LFD's projected                                                                    
sweep balance in FY 21. The  next column was the amount used                                                                    
in  the  FY  22  budget.  The next  column  was  the  amount                                                                    
available after  the CBR sweep, which  signified the ongoing                                                                    
revenue  for the  funds. He  pointed out  that there  was no                                                                    
revenue  for the  funds that  showed  immediate impact.  The                                                                    
final  column showed  the shortfall  due to  the CBR  sweep.                                                                    
Collectively  there was  a shortfall  of about  $142 million                                                                    
due to the reverse  sweep. The appropriations were currently                                                                    
in the enacted budget but  were unfunded because of the lack                                                                    
of revenue.  The next few  slides would address  the details                                                                    
behind each category and the funds that were within.                                                                            
                                                                                                                                
Co-Chair Stedman  asked about the $142  million in shortfall                                                                    
and asked  if the amount factored  in that the PCE  Fund was                                                                    
not sweepable.                                                                                                                  
                                                                                                                                
Mr. Painter affirmed that the PCE Fund was not listed.                                                                          
                                                                                                                                
Co-Chair Stedman asked how the  SBR was accounted for on the                                                                    
slide.                                                                                                                          
                                                                                                                                
Mr. Painter  relayed that  the SBR was  shown as  the purple                                                                    
item  on the  slide and  was the  "immediate impact  pending                                                                    
interpretation." The  SBR was either  in the list or  if the                                                                    
administration chose  to reclassify the  fund it was  out of                                                                    
the list. The $80.7 million  from the SBR was counted within                                                                    
the $142 million.                                                                                                               
                                                                                                                                
Co-Chair Stedman thought  if the SBR was  not sweepable, one                                                                    
could subtract the $81 million from the $142 million.                                                                           
                                                                                                                                
Mr. Painter answered affirmatively.                                                                                             
                                                                                                                                
Co-Chair  Stedman   commented  on  the   significant  budget                                                                    
impact.                                                                                                                         
                                                                                                                                
Senator Hoffman asked  if Mr. Painter could  explain why the                                                                    
$80 million shortfall  was taking place, and  whether it was                                                                    
due to different investment philosophies.                                                                                       
                                                                                                                                
Mr.  Painter stated  that  he  did not  want  to comment  on                                                                    
politics but the shortfall, as  far as he could tell, seemed                                                                    
to be a political matter rather than a financial matter.                                                                        
                                                                                                                                
Co-Chair Stedman thought the shortfall  was a political mess                                                                    
that was  derived from a  matter of political  leverage that                                                                    
had gone awry.                                                                                                                  
                                                                                                                                
3:46:38 PM                                                                                                                    
                                                                                                                                
Mr. Painter  pointed to slide 10,  "Immediate Impact," which                                                                    
showed two tables. He highlighted  that the Higher Education                                                                    
Fund  was shown  by itself  at the  top, with  the projected                                                                    
sweep balance at  $416 million, and with  $21.8 million used                                                                    
in the current budget. There  was no revenue available after                                                                    
the sweep  because the  source of revenue  for the  fund was                                                                    
investment  earnings, which  were  not  available without  a                                                                    
fund  balance.  The  lower table  showed  the  SBR  (Pending                                                                    
Interpretation of  the AFN v.  State Decision), which  had a                                                                    
projected blance of $410.7 million  if subject to the sweep.                                                                    
The governor had vetoed $330  million of appropriations from                                                                    
the source,  so only  $80.7 million was  used in  the budget                                                                    
after  the vetoes.  There was  nothing  available after  the                                                                    
sweep, so  the $80.7  million was  a shortfall  assuming the                                                                    
sweep  was  not  reversed,  or   the  fund  was  not  deemed                                                                    
sweepable.                                                                                                                      
                                                                                                                                
Co-Chair  Stedman   shared  a   concern  about   the  Higher                                                                    
Education Fund,  which would be available  for spending with                                                                    
a  three-quarters  vote if  it  was  put  into the  CBR.  He                                                                    
discussed  the revenue  that would  be generated  to provide                                                                    
education  assistance in  perpetuity  if the  fund was  left                                                                    
protected rather  than being used to  meet a one-to-two-year                                                                    
budget  obligation. He  was worried  about  the funds  being                                                                    
liquidated.                                                                                                                     
                                                                                                                                
Mr.  Painter   addressed  slide   11,  "Items   Funded  with                                                                    
Statutory Budget Reserve in FY22 Budget":                                                                                       
                                                                                                                                
     ?  Governor  vetoed  $320.0 million  appropriation  for                                                                    
     Permanent  Fund  Dividends  from the  SBR,  along  with                                                                    
     $362.5 million from the general fund.                                                                                      
                                                                                                                                
       If  the SBR is swept,  this would have resulted  in a                                                                    
     PFD estimated to be $525. If  the SBR is not swept, the                                                                    
    vetoed PFD would have been estimated to be $1,025.                                                                          
                                                                                                                                
     ?  SBR  also  funds   $4.15  million  for  School  Debt                                                                    
     Reimbursement in FY22.                                                                                                     
     ?  SBR  was  used  to fund  $76.5  million  of  capital                                                                    
     projects, including:                                                                                                       
       $10 million for Mat-Su Borough Pavement Rehab                                                                            
       $9 million for Houston Middle School                                                                                     
       $8.5 million for West Susitna Access                                                                                     
        $36.5  million  of projects  in  the  Department  of                                                                    
     Natural Resources, including  $10 million for firebreak                                                                    
     construction                                                                                                               
       $6.3 million of projects in other agencies                                                                               
                                                                                                                                
3:50:26 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  asked if the  governor had not  vetoed the                                                                    
$525 PFD and the SBR was  not swept (which he thought highly                                                                    
likely), if the dividend in the fall would be $1025.                                                                            
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
Co-Chair  Stedman thoguht  the shortfall  from the  dividend                                                                    
passed  by the  legislature  would only  have  been $75  per                                                                    
person.                                                                                                                         
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
Co-Chair Stedman  thought the  PFD had  gone from  $1,025 to                                                                    
zero.                                                                                                                           
                                                                                                                                
Mr. Painter  mentioned that when  the governor had  done his                                                                    
vetoes there  had been no  way to  know that the  SBR status                                                                    
might change.                                                                                                                   
                                                                                                                                
Senator Hoffman asked  for Mr. Painter to provide  a list of                                                                    
schools that  were affected  by the  $4.1 million  in school                                                                    
debt reimbursement.  He thought  it would be  interesting to                                                                    
see  how the  funds  were  disbursed if  the  sweep was  not                                                                    
reversed.  He wondered  if the  cost would  be passed  on to                                                                    
local governments.                                                                                                              
                                                                                                                                
Co-Chair Stedman asked Mr. Painter  to include the financial                                                                    
impacts of budget vetoes  in Regional Educational Attendance                                                                    
Area (REAA) schools.  He thought there was  a discrepancy in                                                                    
how  schools were  treated inside  and outside  of organized                                                                    
boroughs.  He thought  the  following  winter the  committee                                                                    
would  be looking  at a  questionable allocation  of dollars                                                                    
between rural  and urban schools,  with less going  to rural                                                                    
schools.                                                                                                                        
                                                                                                                                
3:54:31 PM                                                                                                                    
                                                                                                                                
Mr.  Painter looked  at slide  12,  "Partial Impact,"  which                                                                    
showed a  table with a list  of funds for which  there was a                                                                    
partial impact  that had some  ongoing revenue but  that was                                                                    
insufficient  to  meet all  the  FY  22 amounts.  The  first                                                                    
column showed  the projected sweep  balance in FY  21, which                                                                    
collectively  $104.6   million.  In  FY  22,   there  was  a                                                                    
collective  $168.6  million  spent  out of  the  funds.  The                                                                    
ongoing revenue  to the  funds was  $129 million,  which was                                                                    
short by $39.5 million  versus the appropriations. The funds                                                                    
listed would  have some  impact without  a reverse  sweep to                                                                    
utilize the fund balance.                                                                                                       
                                                                                                                                
Mr. Painter highlighted some of  the funds listed, including                                                                    
the   Oil  and   Hazardous   Substance  Release   Prevention                                                                    
Mitigation Account (also known as  the SPAR Fund), which had                                                                    
a  projected $1.5  million shortfall.  He  noted that  OMB's                                                                    
numbers projected closer  to a $3 million  shortfall for the                                                                    
SPAR Fund,  and the  two offices  were working  to reconcile                                                                    
the  differences.   He  listed  several  funds   within  the                                                                    
Department  of Labor  and  Workforce  Development that  were                                                                    
accounted for  on the slide.  There were a few  funds listed                                                                    
from the Department of  Environmental Conservation. He noted                                                                    
that  the   deficit  to  the  Commercial   Passenger  Vessel                                                                    
Environmental  Compliance Fund  might be  smaller than  what                                                                    
was shown on  the slide due to an increase  in cruise ships.                                                                    
He  highlighted several  funds that  impacted Department  of                                                                    
Health and  Social Services programs. Without  access to the                                                                    
fund balance, there was a  substantial shortfall in both the                                                                    
Recidivism Reduction  Fund and  the Marijuana  Education and                                                                    
Treatment Fund.                                                                                                                 
                                                                                                                                
Co-Chair Stedman asked about the  Capital Income Fund, which                                                                    
was a "parking garage" for capital projects.                                                                                    
                                                                                                                                
Mr. Painter  replied that the fund  was currently designated                                                                    
for deferred  maintenance projects throughout the  state. He                                                                    
noted that  there was a  significant unspent balance  in the                                                                    
fund after the  FY 21 budget due to  high investment returns                                                                    
in FY 21.  A portion of the  balance was to be  spent in the                                                                    
FY  22 budget  for deferred  maintenance, and  there was  an                                                                    
$18.5  million  hole  between  the  appropriations  and  the                                                                    
expected revenue in FY 22.                                                                                                      
                                                                                                                                
3:58:25 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman asked  what kind  of protection  the state                                                                    
had within  its financial system to  prevent overdrawing the                                                                    
funds.  He considered  the  hypothetical  scenario that  the                                                                    
administration  returned with  a  supplemental budget  after                                                                    
there was  a shortfall  in the budget  after the  funds were                                                                    
spent.                                                                                                                          
                                                                                                                                
Mr. Painter  thought the administration was  restricting the                                                                    
funds  to  prevent  overspending. He  thought  the  scenario                                                                    
might  warrant sending  letters  to grantees  to say  grants                                                                    
would be prorated, or curtailing  activities. He thought the                                                                    
administration did  not generally  budget assuming  it would                                                                    
get supplementals,  so it might  restrict activities  in the                                                                    
meantime to ensure there was adequate funds.                                                                                    
                                                                                                                                
Co-Chair Stedman  thought the  administration had  done some                                                                    
vetoes  expecting  a  supplemental budget.  He  thought  the                                                                    
slide showed a $31 million negative budgetary impact.                                                                           
                                                                                                                                
Mr. Painter noted that the  hole for deferred maintenance in                                                                    
the Capital Income  Fund was $18.5 million,  and $31 million                                                                    
was the projected revenue in FY 22.                                                                                             
                                                                                                                                
Co-Chair Bishop thought  that some of the  projects had been                                                                    
vetoed. He  shared concern  about the  SPAR fund,  which was                                                                    
the state's  first responder for uninsured  hazardous spills                                                                    
and  cleanups  on land  and  water.  He thought  the  matter                                                                    
needed to be addressed. He  had concerns about the impact to                                                                    
many of the funds listed on the slide.                                                                                          
                                                                                                                                
Co-Chair   Stedman   commented   that   the   impacts   were                                                                    
considerable.                                                                                                                   
                                                                                                                                
4:01:35 PM                                                                                                                    
                                                                                                                                
Mr. Painter pointed to slide  13, "Minimal/No Impact," which                                                                    
showed a table  listing funds with minimal or  no impact. He                                                                    
noted that  many of the funds  had an amount listed  $0.0 in                                                                    
funds used  in FY  22. He  noted that  the funds  listed may                                                                    
have a  balance but  were not  being currently  utilized. He                                                                    
used the example  of the Vessel Replacement  Fund, which had                                                                    
been used  in previous years but  was not being used  in the                                                                    
FY 22 budget so there  was no immediate impact. He mentioned                                                                    
the  Railbelt Energy  Fund, which  had  not been  used in  a                                                                    
number of  years. He  noted that  some funds  had sufficient                                                                    
ongoing  revenue to  meet the  projected expenditures  in FY                                                                    
22,  such  as  the Technical  Vocational  Education  Program                                                                    
Account. He  noted that there  were not many swept  funds on                                                                    
the list.                                                                                                                       
                                                                                                                                
Co-Chair Stedman though that one  positive from the exercise                                                                    
was a  deeper knowledge of  the sweepable list  of accounts.                                                                    
He discussed cleanup and closing of accounts.                                                                                   
                                                                                                                                
4:03:26 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman commented  that  some political  officials                                                                    
were costing  the state millions  of dollars. He  thought it                                                                    
was unfortunate  the state needed  to go through  the costly                                                                    
exercise to educate state officials.  He thought the current                                                                    
situation accomplished very little  and hindered the ability                                                                    
to  fix  the  state's  financial  position.  He  anticipated                                                                    
working  with OMB  and  the state's  auditor  to review  the                                                                    
accounts. He  commented on the  additional work  created for                                                                    
the administration and the auditors  for no real benefit. He                                                                    
mentioned discrepancies  in the state's  audited statements,                                                                    
and  the Legislative  Budget and  Audit Committee's  work on                                                                    
the issue. He emphasized the  cost of the change in practice                                                                    
regarding the constitutional budget sweep.                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
4:08:03 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:08 p.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
082321 LFD SFIN CBR Sweep.pdf SFIN 8/23/2021 3:00:00 PM