Legislature(2005 - 2006)BUTROVICH 205

02/16/2006 03:30 PM Senate STATE AFFAIRS


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03:36:33 PM Start
03:37:17 PM SB297
04:31:20 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 297 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 16, 2006                                                                                        
                           3:36 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Gene Therriault, Chair                                                                                                  
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Charlie Huggins                                                                                                         
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bettye Davis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 297                                                                                                             
"An Act  relating to contributions from  permanent fund dividends                                                               
to certain  educational organizations  and to  certain charitable                                                               
organizations that provide a  positive youth development program,                                                               
workforce development,  aid to the  arts, or aid and  services to                                                               
the  elderly, low-income  individuals,  individuals in  emergency                                                               
situations,  disabled  individuals,  or individuals  with  mental                                                               
illness; and providing for an effective date."                                                                                  
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 297                                                                                                                  
SHORT TITLE: CONTRIBUTIONS FROM PERM. FUND DIVIDENDS                                                                            
SPONSOR(s): STATE AFFAIRS                                                                                                       
                                                                                                                                
02/14/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/06       (S)       STA, FIN                                                                                               
02/16/06       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Heather Brakes, Staff to Senator Therriault                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced SB 297                                                                                        
                                                                                                                                
Sharon Barton, Director                                                                                                         
Permanent Fund Dividend Division                                                                                                
Department of Revenue                                                                                                           
PO Box 110400                                                                                                                   
Juneau, AK  99811-0400                                                                                                          
POSITION STATEMENT:  Answered questions related to SB 297                                                                     
                                                                                                                                
Jeff Clarke, Chief Administrative Officer                                                                                       
Rasmuson Foundation                                                                                                             
301 West Northern Lights Blvd.                                                                                                  
Suite 400                                                                                                                       
Anchorage, AK 99503                                                                                                             
POSITION STATEMENT:  Answered questions related to SB 297                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR GENE  THERRIAULT called the  Senate State  Affairs Standing                                                             
Committee meeting to  order at 3:36:33 PM.  Present were Senators                                                             
Kim  Elton,  Thomas  Wagoner, Charlie  Huggins,  and  Chair  Gene                                                               
Therriault.                                                                                                                     
                                                                                                                                
         SB 297-CONTRIBUTIONS FROM PERM. FUND DIVIDENDS                                                                     
                                                                                                                                
CHAIR   GENE  THERRIAULT   announced  SB   297  to   be  up   for                                                               
consideration. He asked Ms. Brakes to introduce the bill.                                                                       
                                                                                                                                
3:37:17 PM                                                                                                                    
HEATHER BRAKES,  Staff to Senator Therriault,  explained that the                                                               
bill establishes  a streamlined mechanism for  Alaskans to donate                                                               
money to  charitable organizations.  The Permanent  Fund Division                                                               
of  the Department  of Revenue  would contract  with an  agent to                                                               
implement and  administer the program.  She described  the design                                                               
as  similar to  what  is  currently done  for  the University  of                                                               
Alaska  college  savings  account   through  the  Permanent  Fund                                                               
Dividend (PFD) application.                                                                                                     
                                                                                                                                
The  bill  only allows  applicants  who  file electronically  the                                                               
option of making  contribution(s) and the amount can  either be a                                                               
varying dollar amount or a percentage of the dividend.                                                                          
                                                                                                                                
The department  would contract with  an agent that would  pay the                                                               
implementation  and  administrative  costs for  the  first  three                                                               
years.  The   reason  for   that  is   so  that   the  qualifying                                                               
organizations would  receive 100 percent of  the donations. After                                                               
that  time  administrative  costs  would  be  deducted  from  the                                                               
donations  and applied  equitably  to all  recipients. The  agent                                                               
would also be  responsible for the due  diligence on applications                                                               
including   verifying   financial   audits,   sending   out   tax                                                               
information  to  donors,  and   paying  for  the  initial  system                                                               
upgrades  to design  the  application and  load  the system.  The                                                               
agent would also  be responsible for confirming  that groups that                                                               
applied  and  had been  accepted  to  the  program were  able  to                                                               
receive and administer funds to the recipients.                                                                                 
                                                                                                                                
Each of  the estimated 500  organizations that might  qualify for                                                               
inclusion must file an  application. Qualifying criteria includes                                                               
having  501(c)(3)   status  for  two  calendar   years  prior  to                                                               
application. The organization  must have an IRS 990  form on file                                                               
and  have  a local  advisory  board.  As currently  drafted,  the                                                               
organizations  would  receive  $100,000  or 5  percent  of  their                                                               
annual  receipts  from contributions.  If  the  annual budget  is                                                               
higher   than  $50,000   in  the   preceding   fiscal  year   the                                                               
organization must  provide the program agent  with an independent                                                               
financial  audit that  is conducted  by  a certified  accountant.                                                               
Grant  organizations and  contributors to  501(c)(4) or  (6) non-                                                               
profits would not be eligible.                                                                                                  
                                                                                                                                
As currently drafted,  the program sunsets in  three years unless                                                               
reauthorized  by the  Legislature.  The  Rasmuson Foundation  has                                                               
offered to  underwrite the  estimated $300,000  in administrative                                                               
and startup costs in the initial years.                                                                                         
                                                                                                                                
3:42:05 PM                                                                                                                    
CHAIR  THERRIAULT added  that eligibility  is structured  so that                                                               
contributions  are  restricted to  established  non-controversial                                                               
entities that already  have community support. You  cannot have a                                                               
501(c)(3)  that grants  money  to (c)(4)s  and  (c)(6)s that  can                                                               
engage  in lobbying  activities  or  political expenditures.  The                                                               
idea is  that the  money would  flow to  programs that  provide a                                                               
direct benefit in the public.                                                                                                   
                                                                                                                                
He  noted   that  the  title   indicates  the  wide   variety  of                                                               
organizations  that would  be eligible.  He asked  Ms. Brakes  to                                                               
explain  how they  determined that  there might  be 500  eligible                                                               
entities.                                                                                                                       
                                                                                                                                
MS.  BRAKES  explained  that:  3,000  non-profits  are  currently                                                               
registered  in Alaska;  2,000  have current  990  tax returns  on                                                               
file; 1,000  have audits; and 500  receive at least 5  percent of                                                               
their annual receipts from charitable giving.                                                                                   
                                                                                                                                
CHAIR  THERRIAULT   noted  that  Alaska  and   Hawaii  have  been                                                               
identified  as the  most generous  region according  to a  recent                                                               
Time Magazine  article. However,  local charities  have indicated                                                               
that  they  tend to  feel  the  brunt  when Alaskans  respond  to                                                               
disasters outside the state.                                                                                                    
                                                                                                                                
SB 297  is a streamlined  effort to  take advantage of  the offer                                                               
from  the Rasmuson  Foundation to  underwrite the  start-up costs                                                               
for a number of years.                                                                                                          
                                                                                                                                
3:47:09 PM                                                                                                                    
SENATOR WAGONER  asked whether  this would  require a  rewrite of                                                               
the Permanent Fund computer program.                                                                                            
                                                                                                                                
CHAIR THERRIAULT asked Ms. Barton to respond.                                                                                   
                                                                                                                                
SHARON  BARTON,  Director,   Permanent  Fund  Dividend  Division,                                                               
advised that  it would take  substantial changes to  the computer                                                               
system to recognize a request to  deduct a certain amount from an                                                               
individual  check.  The number  of  potential  amounts under  the                                                               
proposal  adds   further  complication.  The   initial  estimate,                                                               
including  the changes  to the  web  site, is  $200,000 if  paper                                                               
applications aren't  included. Including paper  applications will                                                               
increase the cost.                                                                                                              
                                                                                                                                
SENATOR WAGONER asked about the timing.                                                                                         
                                                                                                                                
MS. BARTON  responded optimistically  and said she  believes that                                                               
the division  could get a  contractor to complete the  project by                                                               
October 2007 as the bill envisions.                                                                                             
                                                                                                                                
SENATOR ELTON  asked for an interpretation  of line 25 on  page 3                                                               
to clarify whether  it means the payment made in  2007 or the PFD                                                               
for 2007.                                                                                                                       
                                                                                                                                
CHAIR THERRIAULT  stated that  the dividend  payment for  2007 is                                                               
determined  by residency  in 2006  so the  division would  have a                                                               
year  to prepare  for the  electronic application  that would  be                                                               
available to fill out on January 1, 2007.                                                                                       
                                                                                                                                
SENATOR ELTON noted that the bill  speaks to the PFD for 2007 and                                                               
he didn't  know if  that is  for residency in  2007 or  the check                                                               
that is issued in 2007.                                                                                                         
                                                                                                                                
CHAIR THERRIAULT answered it's the check that is issued in 2007.                                                                
                                                                                                                                
MS.  BARTON advised  that the  division interprets  the bill  the                                                               
same way. It refers to the  dividend that will be paid in October                                                               
as the  2006 dividend. She said  she interprets the bill  to mean                                                               
the dividend paid in 2007.                                                                                                      
                                                                                                                                
CHAIR  THERRIAULT said  he would  ask the  drafter if  adding the                                                               
word "issued" would clarify the point.                                                                                          
                                                                                                                                
SENATOR ELTON asked if a parent  could make a contribution from a                                                               
minor child's check.                                                                                                            
                                                                                                                                
CHAIR THERRIAULT replied  he envisions that they  could. He asked                                                               
Ms. Barton  if he could have  his son's check deposited  into his                                                               
checking account.                                                                                                               
                                                                                                                                
MS.  BARTON  said  yes  and  nothing  in  statute  prohibits  the                                                               
division  from honoring  a parent's  request to  make a  donation                                                               
from a child's PFD.                                                                                                             
                                                                                                                                
SENATOR ELTON asked  whether the state could  make a contribution                                                               
from a minor's dividend if that minor is in state custody                                                                       
                                                                                                                                
CHAIR THERRIAULT replied that isn't his intent.                                                                                 
                                                                                                                                
MS. BARTON added  there is nothing in statute that  would allow a                                                               
state agency to do that.                                                                                                        
                                                                                                                                
SENATOR ELTON  asked for elaboration  on the  administrative cost                                                               
and how those would be switched in several years.                                                                               
                                                                                                                                
3:55:48 PM                                                                                                                    
MS. BRAKES explained that the intent  is that the agent would pay                                                               
the  administrative  costs for  the  first  three years.  If  the                                                               
program is  reauthorized, the costs  thereafter would  be equally                                                               
distributed to the recipient organizations.                                                                                     
                                                                                                                                
CHAIR THERRIAULT  clarified there  would be  a formula  to spread                                                               
the costs among the entities that received the money.                                                                           
                                                                                                                                
SENATOR  HUGGINS suggested  that a  $10 contribution  floor might                                                               
not be practical.  He then referenced a proposal  to hold certain                                                               
PFD  checks  and  asked  whether those  would  be  available  for                                                               
donations.                                                                                                                      
                                                                                                                                
MS. BARTON  responded if that  bill were to pass,  the designated                                                               
donation would be held until the  PFD was paid to the individual.                                                               
Designated  donations   would  be  handled  the   same  way  that                                                               
garnishments are currently handled.                                                                                             
                                                                                                                                
CHAIR  THERRIAULT suggested  it might  be advisable  to make  the                                                               
policy call to disallow such  deductions. With regard to a floor,                                                               
he said he was open to suggestion from the committee.                                                                           
                                                                                                                                
JEFF CLARK, Chief Operating Officer  for the Rasmuson Foundation,                                                               
asserted   that  it's   individuals   who   power  the   nation's                                                               
philanthropy. To demonstrate that point  he reported that in 2003                                                               
non-profits  received  $241  billion,   and  83  percent  of  the                                                               
donations  came from  individuals.  On the  other hand,  Alaskans                                                               
typically give  30 percent  less of their  annual income  to non-                                                               
profits  than  the  nationwide   average.  The  benefit  of  this                                                               
legislation to Alaskans,  he said, is that  the selection process                                                               
would be easier  because the various entities would  be listed in                                                               
one place.                                                                                                                      
                                                                                                                                
4:03:11 PM                                                                                                                    
CHAIR THERRIAULT  asked Ms. Barton  to talk about  the additional                                                               
expense associated  with including  the paper application  in the                                                               
proposal  and about  the  success  the division  has  had in  its                                                               
effort to encourage applicants to file electronically.                                                                          
                                                                                                                                
MS. BARTON explained that including  paper applications would add                                                               
about  $40,000 in  programming costs.  Information about  the new                                                               
program  would  already be  in  the  application booklet  so  the                                                               
incremental cost would  be to include the check-off  space on the                                                               
application and in  the booklets that are  distributed around the                                                               
state. The real cost comes from  the fact that there is no unused                                                               
area on the  application form, which means an  additional page on                                                               
the application  would be necessary.  Last year the cost  for the                                                               
extra page  and additional forms  was between $4,000  and $5,000.                                                               
Ms.  Barton advised  that the  extra  page would  also place  the                                                               
booklet  into the  next  price  range for  postage  so she  would                                                               
estimate the overall additional  costs associated with adding the                                                               
option to paper applications would be about $50,000.                                                                            
                                                                                                                                
She reported that the effort  to encourage electronic application                                                               
was   overwhelmingly  successful.   282,000  people   applied  in                                                               
January,  which  is  an encouraging  increase  from  the  211,000                                                               
electronic  applications  filed  last  year.  February  has  been                                                               
typically slow, but 350,000  on-line applications are anticipated                                                               
before the end of the application  period. That would amount to a                                                               
little over half and more are anticipated next year.                                                                            
                                                                                                                                
CHAIR  THERRIAULT  said he  envisions  a  sorting mechanism  that                                                               
would  make  it easier  for  applicants  to find  local  entities                                                               
without having to sort through the statewide list.                                                                              
                                                                                                                                
SENATOR ELTON  announced that he  would have his staff  look into                                                               
the  potential consequences  this might  have in  terms of  local                                                               
contributions to  schools. A  second question  he had  related to                                                               
how the distribution  of donations would be  impacted since rural                                                               
areas  of  the   state  tend  to  use   paper  applications  more                                                               
frequently.                                                                                                                     
                                                                                                                                
CHAIR  THERRIAULT  responded he  didn't  think  the option  would                                                               
impact local  support in any  way and  it wouldn't factor  into a                                                               
community's responsibility to support education.                                                                                
                                                                                                                                
He asked  if members had comments  on the specific amount  of the                                                               
donation.                                                                                                                       
                                                                                                                                
SENATOR ELTON  acknowledged that it  would be more  difficult for                                                               
the division  to administer, but he  thought it would be  best to                                                               
leave the amount open and without a floor.                                                                                      
                                                                                                                                
SENATOR WAGONER  observed that  with electronic  applications the                                                               
computer wouldn't allow over contributions.                                                                                     
                                                                                                                                
SENATOR HUGGINS recalled that no  one took advantage of a similar                                                               
bill  that  Senator Green  sponsored.  He  argued that  donations                                                               
should be higher  than $10 and not exceed the  total value of the                                                               
dividend.                                                                                                                       
                                                                                                                                
MS. BARTON said simplicity is better.                                                                                           
                                                                                                                                
MS. BRAKES drew attention to page  2, line 2, which says: "If the                                                               
total  amount of  contributions elected  by an  applicant exceeds                                                               
the amount of  the permanent fund dividend that  the applicant is                                                               
entitled  to receive,  contributions shall  be deducted  from the                                                               
dividend in the order the  organizations elected by the applicant                                                               
appear  on  the  contribution  list..."  The  recipient  list  is                                                               
reordered annually so that, for  example, the ice skating club of                                                               
North  Pole isn't  always  the  last on  the  list and  therefore                                                               
likely to receive the least money.                                                                                              
                                                                                                                                
4:17:38 PM                                                                                                                    
MS. BARTON said  another option would be  to deduct contributions                                                               
in the order that the person lists them on the application.                                                                     
                                                                                                                                
CHAIR THERRIAULT  reviewed paragraph (8)  on page 3 and  said the                                                               
language wouldn't  preclude a smaller entity  from participating;                                                               
it's just  that a charity that  has an annual budget  larger than                                                               
$250,000 would have to fulfill the financial audit requirement.                                                                 
                                                                                                                                
MS. BRAKES agreed.                                                                                                              
                                                                                                                                
SENATOR  WAGONER mentioned  Senator Green's  bill and  questioned                                                               
spending the money  to establish this option  without knowing the                                                               
level of interest at the community level.                                                                                       
                                                                                                                                
CHAIR THERRIAULT related that the  other option set up an account                                                               
by which  people could make  donations whereas this  option would                                                               
be  part of  the electronic  application. He  suggested that  the                                                               
various charitable organizations  would probably encourage people                                                               
to make  donations and furthermore  this is a pilot  program. If,                                                               
at the  end of three year  trial, there has been  little response                                                               
the program would sunset.                                                                                                       
                                                                                                                                
4:21:32 PM                                                                                                                    
SENATOR WAGONER remarked  this could be an  expensive effort that                                                               
might not increase the level of giving.                                                                                         
                                                                                                                                
CHAIR THERRIAULT  surmised that the more  sophisticated charities                                                               
would say  that the easier it  is to give, the  more givers there                                                               
will be. The hope is that making  it easier to give will grow the                                                               
pool of givers.                                                                                                                 
                                                                                                                                
SENATOR ELTON  asked if the  audit requirement for  entities that                                                               
have  an  annual  budget  in excess  of  $250,000  was  arbitrary                                                               
because he believes that any  entity participating in the program                                                               
ought to  be subject to  an audit regardless  of the size  of its                                                               
budget.                                                                                                                         
                                                                                                                                
He suggested it'd  be worthwhile for members to  check with local                                                               
United Way campaigns because a  lot of fundraising is targeted on                                                               
that October  date and he suspects  that this new option  will be                                                               
competition for the same funds.                                                                                                 
                                                                                                                                
CHAIR THERRIAULT  asked Ms.  Brakes the  genesis of  the $250,000                                                               
threshold.                                                                                                                      
                                                                                                                                
MS BRAKES responded she wasn't  sure where the dollar amount came                                                               
from, but Mr. Clark might have an answer.                                                                                       
                                                                                                                                
CHAIR THERRIAULT asked Mr. Clark  if the $250,000 audit threshold                                                               
was a federal requirement.                                                                                                      
                                                                                                                                
MR. CLARK replied  his understanding is that it is  not a federal                                                               
requirement  and  he would  agree  that  the number  is  probably                                                               
arbitrary. Referencing  previous comments  he told  the committee                                                               
that if five  percent of the people who are  eligible for the PFD                                                               
were to  make an average donation  of $100, that would  amount to                                                               
an incremental  $3 million per year for  Alaska non-profits. This                                                               
is one avenue  to help non-profits be more  sustainable, he said,                                                               
and if this  bill passes, the Rasmuson Foundation  would be happy                                                               
to undertake a public awareness campaign.                                                                                       
                                                                                                                                
4:27:51 PM                                                                                                                    
CHAIR  THERRIAULT  asked  Ms.  Barton   if  she  had  demographic                                                               
information  on the  more  than  300,000 electronic  applications                                                               
that have been filed.                                                                                                           
                                                                                                                                
MS.  BARTON replied  2004 applications  were received  from every                                                               
zip code in the state, but  she hadn't broken down whether or not                                                               
there was  a higher percentage  of electronic filers  coming from                                                               
Anchorage  - for  example -  than rural  Alaska. That's  the next                                                               
step, she said.                                                                                                                 
                                                                                                                                
SENATOR  HUGGINS   asked  if  Friends   of  the   National  Rifle                                                               
Association (NRA) would fit the parameters.                                                                                     
                                                                                                                                
CHAIR THERRIAULT  said he didn't  believe so because  of lobbying                                                               
activities,  but  the process  begins  with  inquiring about  the                                                               
entity's specific status.  The next hurdle is that  if the entity                                                               
is a 501(c)(3) non-profit, it cannot  grant any of its money to a                                                               
501(c)(4) or a 501(c)(6).                                                                                                       
                                                                                                                                
CHAIR  THERRIAULT  encouraged  members  to  contact  their  local                                                               
United  Way campaigns  and  announced  he would  hold  SB 297  in                                                               
committee.                                                                                                                      
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Therriault adjourned the meeting at 4:31:20 PM                                                                          

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