Legislature(2015 - 2016)

2016-07-11 Senate Journal

Full Journal pdf

2016-07-11                     Senate Journal                      Page 3055
SB 5001                                                                                                                       
SENATE BILL NO. 5001 BY THE SENATE RULES COMMITTEE                                                                              
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
            "An Act relating to the Alaska Permanent Fund                                                                       
            Corporation, the earnings of the Alaska                                                                             
            permanent fund, and the earnings reserve                                                                            
            account; relating to management of the budget                                                                       
            reserve fund (art. IX, sec. 17, Constitution of the                                                                 
            State of Alaska) by the Alaska Permanent Fund                                                                       
            Corporation; relating to procurement by the                                                                         
            Alaska Permanent Fund Corporation; relating to                                                                      
            the mental health trust fund; relating to deposits                                                                  
            into the dividend fund; relating to the calculation                                                                 
            of permanent fund dividends; relating to                                                                            
            unrestricted state revenue available for                                                                            
            appropriation; and providing for an effective                                                                       
            date."                                                                                                              
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Administration                                                                          
 Fiscal Note No. 2, Department of Corrections                                                                                   
 Fiscal Note No. 3, Department of Revenue                                                                                       
 Fiscal Note No. 4, zero, Department of Revenue                                                                                 
 Fiscal Note No. 5, Department of Revenue                                                                                       
 Fiscal Note No. 6, Department of Revenue                                                                                       
                                                                                                                                
Governor's transmittal letter dated July 8:                                                                                     
                                                                                                                                
Dear President Meyer:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to the Alaska Permanent                                                         
Fund and the funding structure for State government.                                                                            
                                                                                                                                

2016-07-11                     Senate Journal                      Page 3056
This bill would establish a new financial model to enable sustainable                                                           
funding of State services and the protection of the Permanent Fund.                                                             
The bill would provide for an annual sustainable draw from the                                                                  
Permanent Fund earnings reserve account to the general fund to                                                                  
support State government services. Additionally, the bill would change                                                          
the manner in which Permanent Fund Dividends are calculated -                                                                   
basing the calculation on the value of the entire Permanent Fund and                                                            
the value of mineral royalties. Further, the bill includes measures to                                                          
ensure the value of the Permanent Fund is maintained by saving                                                                  
money into the earnings reserve and the corpus in high revenue years.                                                           
As a result of the changes in this bill, the Permanent Fund earnings                                                            
reserve account would generate a predictable and solid return of                                                                
revenues for State government, and the dividend would continue, but                                                             
on a more sustainable and predictable basis.                                                                                    
                                                                                                                                
In detail, the bill would make the following changes to allow for                                                               
sustainable withdrawals from the Permanent Fund to the general fund:                                                            
                                                                                                                                
     · Amend AS 37.13.145 to provide for an annual appropriation                                                                
          from the earnings reserve account to the general fund to pay                                                          
          for State government services, calculated based on five and                                                           
          one-quarter percent of the average market value of the                                                                
          Permanent Fund for the first five of the preceding six fiscal                                                         
          years (hereafter, "POMV draw").                                                                                       
                                                                                                                                
     · Add a new section, AS 37.13.146, to provide for the payment                                                              
          of dividends from the general fund based on an amount equal                                                           
          to 20 percent of the POMV draw and 20 percent of the                                                                  
          mineral royalties received by the State. For the next three                                                           
          years, the dividend would be set at $1,000. Thereafter, the                                                           
          new formula would go into effect, resulting in a dividend of                                                          
          approximately $1,000 into the future.                                                                                 
                                                                                                                                
     · Repeal the annual inflation-proofing transfer from the                                                                   
          Permanent Fund earnings reserve account to the principal in                                                           
          AS 37.13.145.                                                                                                         
                                                                                                                                
     · Add a new section requiring a transfer from the earnings                                                                 
          reserve account to the Permanent Fund principal if the balance                                                        
          of the earnings reserve account exceeds the annual draw                                                               
          amount multiplied by four.                                                                                            

2016-07-11                     Senate Journal                      Page 3057
     · Add a new section reducing the annual draw from the                                                                      
          earnings reserve account to the general fund if the State                                                             
          receives more than $1.2 billion in mineral royalties and oil                                                          
          and gas production taxes in a fiscal year.                                                                            
                                                                                                                                
The bill also proposes to amend AS 36.30 to exempt the Alaska                                                                   
Permanent Fund Corporation from the State procurement code. The                                                                 
corporation still would be required to adopt regulations to govern                                                              
procurement and comply with the five percent preference under the                                                               
code. Additionally, contracts for legal services would continue to                                                              
require the approval of the Attorney General. The bill also would                                                               
amend AS 37.10.430 to transfer the management and investment of                                                                 
assets of the constitutional budget reserve fund from the Department                                                            
of Revenue to the Alaska Permanent Fund Corporation and to modify                                                               
the investment directives for the budget reserve fund.                                                                          
                                                                                                                                
Finally, the bill seeks to amend the uncodified law to express the                                                              
intent of the Legislature that the Legislature reevaluate the use of                                                            
Permanent Fund earnings as provided for in this bill in three years.                                                            
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor