Legislature(2025 - 2026)SENATE FINANCE 532

03/06/2025 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 80 EXTEND BOARDS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 109 PERMANENT FUND DIVIDEND; POMV SPLIT TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SB 73 MARIJUANA: TAX/REGISTRATION; INCOME TAX TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 113 APPORTION TAXABLE INCOME;DIGITAL BUSINESS TELECONFERENCED
<Bill Hearing Rescheduled to 03/10/25>
-- Invited & Public Testimony --
Bills Previously Heard/Scheduled
**Streamed live on AKL.tv**
                  SENATE FINANCE COMMITTEE                                                                                      
                        March 6, 2025                                                                                           
                           9:01 a.m.                                                                                            
                                                                                                                                
9:01:51 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Stedman   called  the  Senate   Finance  Committee                                                                    
meeting to order at 9:01 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Mike Cronk                                                                                                              
Senator James Kaufman                                                                                                           
Senator Jesse Kiehl                                                                                                             
Senator Kelly Merrick                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Donny Olson, Co-Chair                                                                                                   
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator  Jesse   Bjorkman,  Sponsor;  Liz   Harpold,  Staff,                                                                    
Senator  Donny Olson;  Pete  Ecklund,  Staff, Senator  Lyman                                                                    
Hoffman; Senator  Matt Claman, Sponsor; Carly  Dennis, Staff                                                                    
to Senator Claman.                                                                                                              
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Cabot    Pitts,   Chair,    Alaska   Professional    Hunters                                                                    
Association,  Wasilla; Lacy  Wilcox, Vice  President, Alaska                                                                    
Marijuana  Industry  Association,   Juneau;  Megan  Wallace,                                                                    
Chief Counsel,  Legislative Legal Services;  Brandon Spanos,                                                                    
Acting Tax  Director, Department  of Revenue;  Jana Weltzin,                                                                    
Co-Chair,  Governor's  Advisory  Task  Force  on  Marijuana;                                                                    
Jessica Rostad,  Co-Owner and  Chief Executive  Officer, Big                                                                    
Rays,  Anchorage; Bailey  Stuart,  Chair, Marijuana  Control                                                                    
Board,   Wasilla;  Lacy   Wilcox,  Vice   President,  Alaska                                                                    
Marijuana  Industry  Association,  Juneau;  Lloyd  Stiassny,                                                                    
Owner, Egan Management Group, Anchorage.                                                                                        
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 73     MARIJUANA: TAX/REGISTRATION; INCOME TAX                                                                               
                                                                                                                                
          SB 73 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 80     EXTEND BOARDS                                                                                                         
                                                                                                                                
          SB 80 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 109    PERMANENT FUND DIVIDEND; POMV SPLIT                                                                                   
                                                                                                                                
          SB 109 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
SB 113    APPORTION TAXABLE INCOME;DIGITAL BUSINESS                                                                             
                                                                                                                                
          SB 113 was SCHEDULED but not HEARD.                                                                                   
                                                                                                                                
Co-Chair  Stedman discussed  the agenda.  He noted  that the                                                                    
committee   would   address  SB   80,   and   some  of   the                                                                    
consideration would be related to "clean-up." //                                                                                
                                                                                                                                
SENATE BILL NO. 80                                                                                                            
                                                                                                                                
     "An Act extending the termination  date of the Big Game                                                                    
     Commercial  Services Board;  extending the  termination                                                                    
     date of the Board  of Massage Therapists; extending the                                                                    
     termination date  of the  Marijuana Control  Board; and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:04:24 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman relayed  that it was the  first hearing for                                                                    
SB 80.  The committee would  hear the bill  sponsor, invited                                                                    
testimony, and public testimony.                                                                                                
                                                                                                                                
9:05:02 AM                                                                                                                    
                                                                                                                                
SENATOR  JESSE   BJORKMAN,  SPONSOR,  relayed  that   SB  80                                                                    
extended  the sunset  dates of  three boards:  The Board  of                                                                    
Massage Therapists, The Big  Game Commercial Services Board,                                                                    
and  The Marijuana  Control Board.  The  bill backdates  the                                                                    
board  extensions  from  SB  189,  passed  in  the  previous                                                                    
session, and provided for an immediate effective date.                                                                          
                                                                                                                                
Co-Chair  Stedman asked  for  more detail  on  the Big  Game                                                                    
Commercial Services Board.                                                                                                      
                                                                                                                                
Senator  Bjorkman explained  that  the  Big Game  Commercial                                                                    
Services Board  was composed of  9 members who  prepared and                                                                    
issued  guide licenses,  adopted  regulations, and  assisted                                                                    
the  Department  of  Public Safety  and  the  Department  of                                                                    
Commerce   and    Community   Development   in    big   game                                                                    
investigations.  The board  provided  guides with  guidance,                                                                    
and a voice, in regulating their profession.                                                                                    
                                                                                                                                
Co-Chair Stedman opened invited and public testimony.                                                                           
                                                                                                                                
9:07:29 AM                                                                                                                    
                                                                                                                                
CABOT    PITTS,   CHAIR,    ALASKA   PROFESSIONAL    HUNTERS                                                                    
ASSOCIATION,  WASILLA  (via  teleconference),  testified  in                                                                    
support of the  legislation. He asserted that  the board was                                                                    
necessary for  the long-term health of  the guiding industry                                                                    
in Alaska. He  believed that it was in the  best interest of                                                                    
the  state and  the public  to have  well qualified  hunting                                                                    
guides  and the  board  maintained that  integrity. He  said                                                                    
that if the board were to  sunset, oral testing would not be                                                                    
possible  and licensing  standards would  suffer. He  stated                                                                    
that  the  apprenticeship  process of  guide  licensing  was                                                                    
particularly  attractive to  those in  rural areas,  and the                                                                    
method  of training  guides  through  culminated in  written                                                                    
testing and oral  boards, which were only  possible with the                                                                    
licensing  board. He  spoke to  the  board's previous  debt,                                                                    
which was  zeroed out by licensing  fees and was now  in the                                                                    
black.                                                                                                                          
                                                                                                                                
9:09:32 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:09:49 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:11:32 AM                                                                                                                    
                                                                                                                                
LACY  WILCOX,  VICE  PRESIDENT,  ALASKA  MARIJUANA  INDUSTRY                                                                    
ASSOCIATION, JUNEAU (via teleconference),                                                                                       
                                                                                                                                
9:11:10 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman CLOSED public testimony.                                                                                       
                                                                                                                                
9:12:00 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:12:30 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Senator   Merrick   MOVED   to  ADOPT   proposed   committee                                                                    
substitute  for  SB  80,  Work  Draft  34-LS0416\N  (Nauman,                                                                    
2/17/25). There being NO OBJECTION, it was so ordered.                                                                          
                                                                                                                                
9:13:05 AM                                                                                                                    
                                                                                                                                
LIZ  HARPOLD,  STAFF,  SENATOR DONNY  OLSON,  addressed  the                                                                    
Committee Substitute  (CS). She  explained that  the changes                                                                    
from Version A to Version N:                                                                                                    
                                                                                                                                
     Title: Adds the Alaska Commission on Aging                                                                               
                                                                                                                                
     Sections 5 and 6: Extends the termination date for the                                                                   
     Alaska Commission on Aging from 2024 to 2032                                                                               
                                                                                                                                
     Sections 7 - 11: Previous sections 5 - 9, renumbered                                                                     
                                                                                                                                
Co-Chair Stedman announced that  amendments to the bill were                                                                    
due the following day.                                                                                                          
                                                                                                                                
SB  80  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
SENATE BILL NO. 109                                                                                                           
                                                                                                                                
     "An  Act   relating  to  the  Alaska   permanent  fund;                                                                    
     relating  to  income  of  the  Alaska  permanent  fund;                                                                    
     relating to the amount  available for appropriation and                                                                    
     appropriations  from  the   earnings  reserve  account;                                                                    
     relating to the permanent  fund dividend; and providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
9:14:24 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  relayed that it  was the first  hearing on                                                                    
SB 109.                                                                                                                         
                                                                                                                                
9:14:59 AM                                                                                                                    
                                                                                                                                
PETE ECKLUND, STAFF, SENATOR LYMAN HOFFMAN, addressed SB
109 and read from the Sponsor Statement (copy on file):                                                                         
                                                                                                                                
     Senate  Bill 109  continues the  discussion of  a long-                                                                    
     term  sustainable  fiscal  solution for  the  State  of                                                                    
     Alaska,  and how  the annual  Percent  of Market  Value                                                                    
     (POMV)  from the  Permanent Fund  plays a  role in  the                                                                    
     State's fiscal stability.                                                                                                  
                                                                                                                                
     SB 109  establishes a split  for the annual  POMV draw,                                                                    
     with 75% of the draw  remaining in the general fund and                                                                    
     25%  appropriated  to   pay  Permanent  Fund  Dividends                                                                    
     (PFDs).                                                                                                                    
                                                                                                                                
     The Permanent  Fund was established  by voters  in 1976                                                                    
     to set  aside a portion  of annual oil royalties  for a                                                                    
     time  when  yearly  oil  revenue  would  no  longer  be                                                                    
     sufficient to cover the State's needs.                                                                                     
                                                                                                                                
     In  2018,  the  legislature and  governor  acknowledged                                                                    
     that  time had  come, and  Senate Bill  26 became  law,                                                                    
     establishing the POMV formula  for using Permanent Fund                                                                    
     earnings for State expenses, including the PFD.                                                                            
                                                                                                                                
     However,  Senate  Bill  26 did  not  update  the  1980s                                                                    
     dividend formula. As  we have seen for  many years, the                                                                    
     1980s PFD formula has not been fiscally attainable.                                                                        
                                                                                                                                
     Since  passage of  SB 26,  the dividend  has fluctuated                                                                    
     from between 22%  to 50% of the POMV  payout. Often the                                                                    
     amount of the  PFD is not determined until  late in the                                                                    
     legislative   session.   The  uncertainty   surrounding                                                                    
     dividends  has   further  complicated   overall  budget                                                                    
     decisions and left many in the public frustrated.                                                                          
                                                                                                                                
     SB  26 was  passed  in part  to  stabilize the  State's                                                                    
     revenue  and  budgeting.  Having an  outdated  dividend                                                                    
     statute in place that is  fiscally unattainable has the                                                                    
     opposite affect  and contributes  to fiscal  and public                                                                    
     confusion.                                                                                                                 
                                                                                                                                
     SB 109  proposes a  dividend based  on a  percentage of                                                                    
     the POMV  payout, potentially adding stability  to both                                                                    
     the budget process and the dividend.                                                                                       
                                                                                                                                
     To fully realize fiscal stability, decisions regarding                                                                     
     the level of State services and revenue also need to                                                                       
     be considered.                                                                                                             
                                                                                                                                
9:17:28 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  asked Ms. Wallace  to guide  the committee                                                                    
through  the difference  between   may  and   shall  in  the                                                                    
bill.                                                                                                                           
                                                                                                                                
9:17:50 AM                                                                                                                    
                                                                                                                                
MEGAN  WALLACE, CHIEF  COUNSEL,  LEGISLATIVE LEGAL  SERVICES                                                                    
(via    teleconference),   addressed    Co-Chair   Stedman's                                                                    
question. She addressed the wordage  on page 2, line 14. The                                                                    
Alaska  Supreme Court  held in  Wielechowski  v. State  that                                                                    
despite  the  seemingly  mandatory   statutory language  (AS                                                                    
37.05.145(b), the  use of the  permanent fund income  in the                                                                    
earnings   reserve    account   was   subject    to   normal                                                                    
appropriation  and  veto  budgetary procedures.  This  meant                                                                    
that the legislature retained the  power to appropriate from                                                                    
the earnings  reserve, each year,  the amount  it determined                                                                    
appropriate  for public  purposes.  She said  that that  the                                                                    
legislature  could  decide  the  appropriate  amount  on  an                                                                    
annual basis.                                                                                                                   
                                                                                                                                
9:19:53 AM                                                                                                                    
                                                                                                                                
Senator  Kiehl  asked  about  the   difference  in  how  the                                                                    
permanent fund was invested 40  years ago versus the current                                                                    
investment process.                                                                                                             
                                                                                                                                
Mr.  Ecklund  relayed  that  in   the  early  years  of  the                                                                    
Permanent  Fund, the  investments were  limited to  low-risk                                                                    
investments. He  said that  as time  had passed  the statute                                                                    
had  been modified  to allow  for investing  in an  array of                                                                    
investments and risk types.                                                                                                     
                                                                                                                                
Senator Kiehl understood that  the current practice involved                                                                    
the fund  buying into  ownership of a  company or  huge real                                                                    
estate parcel, and  only seeing a return  on investment once                                                                    
the  company or  property  sold. asked  whether the  current                                                                    
practice had led to spikes or drops in the dividend.                                                                            
                                                                                                                                
Mr.  Ecklund   thought  Senator   Kiehl  was   referring  to                                                                    
statutory net  income and acknowledged  that there  had been                                                                    
spikes  due  to  the  timing  of  going  into,  or  out  of,                                                                    
investments that had affected  the statutory net income that                                                                    
went into the calculation of the current dividend statute.                                                                      
                                                                                                                                
Senator Kiehl expressed concern  with the practice. He noted                                                                    
that currently  APFC was able  to make the  best investments                                                                    
for  the   state.  He  thought  that   the  practice  skewed                                                                    
investment choices. He asked if  the change in formula would                                                                    
affect the way the corporation invested the fund.                                                                               
                                                                                                                                
Mr.  Ecklund relayed  that the  POMV split  proposed in  the                                                                    
bill  would  not have  an  impact  on the  dividend  formula                                                                    
contemplated in the legislation.                                                                                                
                                                                                                                                
Senator Kiehl appreciated that element of the legislation.                                                                      
                                                                                                                                
9:23:27 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  commented that there was  another piece to                                                                    
the bill.  Over the  previous few  years, the  trustees have                                                                    
considered  an  endowment  concept  to  address  the  issues                                                                    
raised by Senator Kiehl.                                                                                                        
                                                                                                                                
9:23:43 AM                                                                                                                    
                                                                                                                                
Senator Cronk appreciated the legal  opinion and believed it                                                                    
added clarity for the public.                                                                                                   
                                                                                                                                
Mr.  Ecklund recounted  that the  first  dividend checks  in                                                                    
1982 were  transferred according to statute,  however at the                                                                    
time there had been an  attorney general opinion that stated                                                                    
that  the dividend  should be  appropriated  like all  other                                                                    
appropriations.                                                                                                                 
                                                                                                                                
Co-Chair  Stedman  relayed  that  the  legislature  did  not                                                                    
"steal"  but rather  it was  the  appropriating body,  which                                                                    
followed statutes  and the constitution.  He noted  that the                                                                    
state  constitution trumped  state statutes.  He added  that                                                                    
the  operating  budget  has a  one-year  lifetime  and  that                                                                    
during that  time, statutes were sometimes  modified to keep                                                                    
in line with the constitution.                                                                                                  
                                                                                                                                
9:25:54 AM                                                                                                                    
                                                                                                                                
Senator Cronk  thought hopefully  the bill would  include an                                                                    
education  process  for Alaskans  to  learn  more about  the                                                                    
process.                                                                                                                        
                                                                                                                                
Co-Chair Stedman added that there were times in which one                                                                       
statute collided with another. He used the example of the                                                                       
statutory dividend versus the 5 percent payout.                                                                                 
                                                                                                                                
SB 109 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
SENATE BILL NO. 73                                                                                                            
                                                                                                                                
     "An  Act  relating  to the  registration  of  marijuana                                                                    
     establishments;  relating   to  a  tax   exemption  for                                                                    
     qualified  small  businesses;   relating  to  marijuana                                                                    
     taxes; and providing for an effective date."                                                                               
                                                                                                                                
9:27:40 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman relayed that it was the first hearing on                                                                       
SB 73.                                                                                                                          
                                                                                                                                
9:28:17 AM                                                                                                                    
                                                                                                                                
SENATOR MATT CLAMAN, SPONSOR,                                                                                                   
                                                                                                                                
     Senate Bill  73 will bring Alaska's  marijuana taxes in                                                                    
     line with  the rest of  the country and  provide relief                                                                    
     to a struggling industry.                                                                                                  
                                                                                                                                
     The  current  marijuana  excise  tax  places  an  undue                                                                    
     burden on an industry  that is overwhelmingly comprised                                                                    
     of small, Alaskan-owned  businesses. Alaska's marijuana                                                                    
     industry is  currently taxed  at $50  per ounce  at the                                                                    
     wholesale level. This  represents the highest effective                                                                    
     tax on marijuana in the  country. In 2022, the Governor                                                                    
     convened  the  Advisory   Task  Force  on  Recreational                                                                    
     Marijuana.  The  first  recommendation  from  the  task                                                                    
     force   was  an   adjustment  to   the  marijuana   tax                                                                    
     structure.                                                                                                                 
                                                                                                                                
     Currently,  the  $50  tax  rate  applies  only  to  the                                                                    
     highest-grade product. The  statute applies lower rates                                                                    
     to lower grades of the  plant: immature or abnormal bud                                                                    
     is taxed at $25, and all  other parts are taxed at $15.                                                                    
     There   is  currently   no  enforcement   mechanism  to                                                                    
     determine which tax rate applies  to different parts of                                                                    
     the plant.  As a  result, marijuana tax  revenue peaked                                                                    
     at nearly $30  million in 2022, but  has declined since                                                                    
     then.                                                                                                                      
                                                                                                                                
     Senate  Bill  73  eliminates   the  multiple  tiers  of                                                                    
     taxation and establishes  a single tax rate  at $12 per                                                                    
     ounce.  This bill  closes a  loophole and  ensures that                                                                    
     all  product  is  taxed equally  and  fairly.  It  also                                                                    
     amends marijuana registration  from annual to biennial,                                                                    
     aligning the  marijuana industry with the  standard for                                                                    
     other business.                                                                                                            
                                                                                                                                
     Finally,  Senate  Bill  73  re-establishes  the  Alaska                                                                    
     Small Business C-Corporation  Income Tax Exemption that                                                                    
     expired  in 2023.  This tax  exemption  applies to  all                                                                    
     small businesses  with less than  $50 million  in gross                                                                    
     assets.                                                                                                                    
                                                                                                                                
9:31:05 AM                                                                                                                    
                                                                                                                                
Senator  Kaufman asked  whether the  proposed tax  reduction                                                                    
would help to move some of  the market from the black market                                                                    
into the legitimate market.                                                                                                     
                                                                                                                                
Senator Claman  answered affirmatively. He thought  that the                                                                    
black  market for  marijuana was  still strong.  He did  not                                                                    
think there was meaningful research  on the actual size, but                                                                    
the  statistics showed  declining legitimate  sales possibly                                                                    
due to the black market.                                                                                                        
                                                                                                                                
9:32:11 AM                                                                                                                    
                                                                                                                                
Senator Kaufman  observed that illegal drugs  were sometimes                                                                    
contaminated  with fentanyl.  He thought  there was  a side-                                                                    
benefit  to  legally sold  marijuana  would  be that  it  is                                                                    
regulated for safety.                                                                                                           
                                                                                                                                
Senator  Claman   largely  agreed  with   Senator  Kaufman's                                                                    
thoughts.                                                                                                                       
                                                                                                                                
9:33:09 AM                                                                                                                    
                                                                                                                                
Senator  Kiehl  recalled that  there  was  an industry  task                                                                    
force that  recommended to  move away  from the  excise tax,                                                                    
which tended to distort markets.  He asked whether there was                                                                    
a reason the task force recommendation was not in the bill.                                                                     
                                                                                                                                
Senator  Claman noted  that during  the previous  session of                                                                    
the legislature there  had been efforts to  include the task                                                                    
force recommendations  in the legislation.  Part of  what he                                                                    
had  done   was  to   incorporate  the   recommendations  of                                                                    
industry. He said that the  industry no longer supported the                                                                    
sales tax and thought that it hindered industry growth.                                                                         
                                                                                                                                
Senator Kiehl recalled that the  task force had contemplated                                                                    
that at some  point interstate sales would  become legal. He                                                                    
asked whether the state would  collect excise tax on product                                                                    
brought into the state.                                                                                                         
                                                                                                                                
Senator  Claman did  not believe  so. He  believed that  the                                                                    
change  would require  federal legislation.  He felt  such a                                                                    
significant   change   in   the  landscape   would   warrant                                                                    
legislative action.                                                                                                             
                                                                                                                                
Senator  Kiehl  suggested  considering taxation  in  advance                                                                    
would be prudent. He pondered  the risk of the tax remaining                                                                    
as  an excise  tax only,  and as  interstate sales  became a                                                                    
reality, Alaskan businesses could be disenfranchised.                                                                           
                                                                                                                                
9:37:01 AM                                                                                                                    
                                                                                                                                
CARLY  DENNIS,  STAFF  TO  SENATOR  CLAMAN,  read  from  the                                                                    
Sectional Analysis (copy on file):                                                                                              
                                                                                                                                
     Sections 1-6                                                                                                               
     AS 17.38.200(d),  AS 17.38.210(e), AS  17.38.210(f), AS                                                                    
     17.38.210(h), AS  17.38.210(j), AS  17.38.320; Biennial                                                                    
     licensing.                                                                                                                 
     Amends   registration  requirements   from  annual   to                                                                    
     biennial renewals.                                                                                                         
                                                                                                                                
     Section 7                                                                                                                  
     AS 43.20.012(a); Alaska small business tax exemption.                                                                      
     Exempts  qualified   small  businesses  who   meet  the                                                                    
     requirements of  26 U.S.C 1202(e)  from the  Alaska Net                                                                    
     Income Tax Act.                                                                                                            
                                                                                                                                
     Section 8                                                                                                                  
    AS 43.20.012; Alaska small business tax exemption.                                                                          
     Defines   "Alaska    corporation,"   "parent-subsidiary                                                                    
     controlled  group,"  "qualified  small  business,"  and                                                                    
     establishes that  a corporation shall be  determined as                                                                    
     a  small business  on  the first  day  of the  calendar                                                                    
     year.                                                                                                                      
                                                                                                                                
     Section 9                                                                                                                  
     AS 43.61.010(a); Marijuana excise tax.                                                                                     
     Lowers  the  marijuana excise  tax  rate  from $50  per                                                                    
     ounce to $12 per ounce.                                                                                                    
                                                                                                                                
     Section 10                                                                                                                 
     AS 43.61.010(b); Marijuana excise tax.                                                                                     
     Removes the  ability of the  department to  establish a                                                                    
     lower  tax  rate for  certain  parts  of the  marijuana                                                                    
     plant.                                                                                                                     
                                                                                                                                
Section 11                                                                                                                      
AS 43.61.010; Marijuana excise tax.                                                                                             
Clarifies that the tax is owed by all sales and transfers                                                                       
of marijuana, regardless of the status of their                                                                                 
registration.                                                                                                                   
                                                                                                                                
     Section 12                                                                                                                 
AS 43.61.020(b); Marijuana excise tax.                                                                                          
Conforming change to reflect a single tax rate.                                                                                 
                                                                                                                                
     Section 13                                                                                                                 
     AS 43.61.030(a); Marijuana excise tax.                                                                                     
     Clarifies  that  a  person who  is  delinquent  in  the                                                                    
     payment of the tax is  subject to civil penalties under                                                                    
     AS 43.05.220                                                                                                               
                                                                                                                                
     Section  14 Applicability.  Clarifies  that sections  7                                                                    
     and 8 apply to the  tax year of a corporation beginning                                                                    
     on or after the effective date of this act.                                                                                
                                                                                                                                
     Section 15  Effective Date This  Act takes  effect July                                                                    
     1, 2025.                                                                                                                   
                                                                                                                                
9:39:00 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman referenced page 4, line 15, and asked why                                                                      
$12 had been chosen over another figure.                                                                                        
                                                                                                                                
Ms. Dennis noted that the initial recommendation from the                                                                       
task force advisory committee had been $12.50.                                                                                  
                                                                                                                                
9:40:07 AM                                                                                                                    
                                                                                                                                
BRANDON SPANOS,  ACTING TAX DIRECTOR, DEPARTMENT  OF REVENUE                                                                    
(via  teleconference), discussed  the fiscal  notes for  the                                                                    
bill.  He   addressed  FN6,   Department  of   Revenue,  OMB                                                                    
component 2476. Under current statutes,  Alaska levies a tax                                                                    
on   marijuana  sold   or  transferred   from  a   marijuana                                                                    
cultivation  facility   to  a  retail  marijuana   store  or                                                                    
marijuana product  manufacturing facility.  The tax  rate is                                                                    
$50 per  ounce for bud/flower.  The tax was  created through                                                                    
voter initiative  in 2014. The voter  initiative granted the                                                                    
Department of  Revenue (Department) authority to  set a rate                                                                    
lower  than  $50  per  ounce   for  "certain  parts  of  the                                                                    
marijuana plant."  The Department adopted a  regulation that                                                                    
set the tax  as $50 per ounce for bud/flower,  $25 per ounce                                                                    
for  immature, seedy,  or failed  bud/flower, $15  per ounce                                                                    
for trim, and  $1 per plant for clones. As  mentioned in (3)                                                                    
above, this  bill would tax  all parts  of the plant  at the                                                                    
new rate of $12 per ounce.                                                                                                      
                                                                                                                                
Mr. Spanos  explained that the  tax division was  looking at                                                                    
ways to crack down on tax evasion in the industry.                                                                              
                                                                                                                                
Mr. Spanos  reference page 3  of the bill, which  broke down                                                                    
the three funds  that the taxes were  applied to: Recidivism                                                                    
Fund  (50   percent),  Marijuana  Education   and  Treatment                                                                    
Fund(25  percent),  and  the  Unrestricted  General  Fund(25                                                                    
percent).  The  table  on  page  3 of  the  note  offered  a                                                                    
breakdown of changes in revenue for each fund.                                                                                  
                                                                                                                                
9:44:06 AM                                                                                                                    
                                                                                                                                
Mr.  Spanos  noted  that  after  the  spring  forecast,  the                                                                    
department would be updating all  the fiscal noted connected                                                                    
to the legislation.                                                                                                             
                                                                                                                                
9:44:39 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   asked  whether  the  department   had  a                                                                    
position on the decrease in the tax.                                                                                            
                                                                                                                                
Mr.  Spanos relayed  that  the tax  division  rarely had  an                                                                    
opinion  on  what  a  tax should  be  and  would  administer                                                                    
whatever  the legislature  deemed appropriate.   He  relayed                                                                    
that from  a tax administration perspective,  it was simpler                                                                    
to have one tax rate on  all parts of the plant, rather than                                                                    
individual parts.                                                                                                               
                                                                                                                                
9:45:24 AM                                                                                                                    
                                                                                                                                
Senator  Kiehl  was  note familiar  with  the  C-corporation                                                                    
provision. He asked about an expired provision.                                                                                 
                                                                                                                                
Mr.  Spanos said  that the  small corporation  exemption was                                                                    
created in 2012 as an  endeavor to incentivize investment in                                                                    
the businesses. The  only new industry to  take advantage of                                                                    
the  exception  had  been the  marijuana  industry.  If  one                                                                    
incorporated as an S-Corporation,  they would not owe income                                                                    
tax. The tax  on the C-Corporation tax at  the federal level                                                                    
was 20  percent, which some  businesses had  taken advantage                                                                    
of. He  spoke of exemptions  for cultivators and  noted that                                                                    
farming was not considered a small-time corporation.                                                                            
                                                                                                                                
9:48:56 AM                                                                                                                    
                                                                                                                                
Senator  Kiehl  said  he  would  continue  to  research  the                                                                    
matter.                                                                                                                         
                                                                                                                                
9:49:15 AM                                                                                                                    
                                                                                                                                
JANA WELTZIN,  CO-CHAIR, GOVERNOR'S  ADVISORY TASK  FORCE ON                                                                    
MARIJUANA  (via teleconference),  spoke  in  support of  the                                                                    
legislation.   She   addressed  Senator   Kiehl's   question                                                                    
regarding  C-corporations. She  stated  that many  marijuana                                                                    
businesses elected  to be  C-Corporations, not  only because                                                                    
of the  21 percent tax,  but because  of the IRS  Code 280E.                                                                    
She shared  that 280E  was an IRS  section code  that stated                                                                    
that  those engaged  in  the distribution  of  a Schedule  1                                                                    
illegal substance could not deduct  for any business expense                                                                    
except for the drug itself.  She relayed that many marijuana                                                                    
retailers  had  elected to  be  a  C-Corporation to  protect                                                                    
their shareholders assets from federal government audits.                                                                       
                                                                                                                                
9:52:54 AM                                                                                                                    
                                                                                                                                
Ms. Weltzin continued that marijuana  retailers did not have                                                                    
access to  traditional financing  from banks and  used their                                                                    
homes and  retirement to start  their businesses.  She noted                                                                    
that retail  product was  tested for  safety. She  said that                                                                    
the market  share was  shrinking and could  be aided  by tax                                                                    
relief.                                                                                                                         
                                                                                                                                
9:53:00 AM                                                                                                                    
                                                                                                                                
Ms. Weltzin  spoke of the  sales tax  versus the $12  tax in                                                                    
the bill.                                                                                                                       
                                                                                                                                
9:53:07 AM                                                                                                                    
                                                                                                                                
Ms. Weltzin said that the  industry should mirror the liquor                                                                    
model and use distributors  licensing. She stressed that the                                                                    
issue at hand was to  stop the illicit and intoxicating hemp                                                                    
markets, which was unregulated,  untaxed, and sold to people                                                                    
under 21 years of age.                                                                                                          
                                                                                                                                
9:54:38 AM                                                                                                                    
                                                                                                                                
JESSICA ROSTAD,  CO-OWNER AND  CHIEF EXECUTIVE  OFFICER, BIG                                                                    
RAYS, ANCHORAGE  (via teleconference), testified  in support                                                                    
of  the legislation.  She said  that her  business had  been                                                                    
operating   as  a   C-Corporation.  She   shared  that   the                                                                    
expiration  of   the  small   business  tax   exemption  had                                                                    
negatively  affected   her  business.  She  said   that  the                                                                    
exemption had  allowed her to  put over $2 million  into her                                                                    
business.                                                                                                                       
                                                                                                                                
9:56:51 AM                                                                                                                    
                                                                                                                                
BAILEY STUART, CHAIR, MARIJUANA  CONTROL BOARD, WASILLA (via                                                                    
teleconference), read from written testimony.                                                                                   
                                                                                                                                
Good morning, and  thank you, Chair Stedman,  and members of                                                                    
the Senate Finance Committee.                                                                                                   
For the  record, my name  is Bailey  Stuart, I serve  as the                                                                    
Chair  of  the Marijuana  Control  Board,  appointed to  the                                                                    
industry seat.                                                                                                                  
I was among the first  to open a licensed marijuana business                                                                    
in Alaska.  Having witnessed  the industry's  inception, its                                                                    
development,  and  its  current   challenges,  I  can  speak                                                                    
firsthand to the realities of this market.                                                                                      
At our  February meeting, the Marijuana  Control Board voted                                                                    
in support  of Senate Bill  73. This bill  provides critical                                                                    
tax  relief  for  both  the   industry  and  the  regulatory                                                                    
division,   particularly    regarding   business   renewals.                                                                    
Additionally, it  extends the much-needed  C-corporation tax                                                                    
exemption, offering  financial relief not only  to marijuana                                                                    
businesses  struggling to  remain  viable but  also to  many                                                                    
other small businesses across Alaska.                                                                                           
During  that same  meeting, the  Board  heard extensive  and                                                                    
compelling public testimony on  the severe challenges facing                                                                    
this   industrymost   notably,   the  burden   of  excessive                                                                    
taxation.  While the  Board is  actively working  to address                                                                    
these  concerns,  immediate  tax   relief  is  essential  to                                                                    
restoring stability.                                                                                                            
A  well-regulated, sustainable  industry ensures  consistent                                                                    
revenue for the  state. In 2021, the  legal marijuana market                                                                    
contributed over $30  million in tax revenue.  With time and                                                                    
targeted policy  changes, we have  the potential  to surpass                                                                    
that  figureprovided    we  take  the  necessary   steps  to                                                                    
eliminate the  illicit and gray  markets that  undermine the                                                                    
regulated  industry. Without  tax  reform, legal  businesses                                                                    
are being  forced into a  race to the bottom,  struggling to                                                                    
compete   against  unregulated,   untaxed  actors   who  are                                                                    
steadily eroding the integrity of this market.                                                                                  
The   Board  issues   four   types   of  licenses:   retail,                                                                    
manufacturing,  testing,   and  cultivation.   Among  these,                                                                    
cultivators   bear  the   greatest  burden,   as  they   are                                                                    
responsible  for collecting  and  remitting  the excise  tax                                                                    
when product is  sold. This tax is due  monthly, and because                                                                    
most  cultivators do  not have  access to  banking services,                                                                    
they  must often  pay this  tax in  cash. However,  there is                                                                    
only one cash collection box  in the entire state of Alaska,                                                                    
located in Anchorage.                                                                                                           
This  means that  cultivators in  Juneau, Kodiak,  Nome, and                                                                    
other remote  locations must  incur additional  costs simply                                                                    
to comply with tax regulations.  This is just one example of                                                                    
the  financial and  logistical challenges  that these  legal                                                                    
businesses face under the current tax structure.                                                                                
The Alaska marijuana industry is  contracting at an alarming                                                                    
rate, with businesses closing year  after year. In 2023, the                                                                    
industry lost  25 licenses, followed  by 26 in 2024.  So far                                                                    
in  2025, the  Alcohol and  Marijuana Control  Office (AMCO)                                                                    
reports having  lost 8 licenses, reflecting  an accelerating                                                                    
decline.  At the  start of  the current  fiscal year,  there                                                                    
were  480 active  licenses statewide,  but  that number  has                                                                    
already  dropped  to  471and    continues  to  shrink.  This                                                                    
decline  is occurring  even as  the Marijuana  Control Board                                                                    
continues  to  issue  new   licenses  throughout  the  year,                                                                    
highlighting  the  unsustainable conditions  businesses  are                                                                    
facing in the current market.                                                                                                   
A  particularly  concerning   indicator  of  the  industry's                                                                    
decline  is that,  for the  first time  in its  history, the                                                                    
most  recent Board  meeting had  zero  new applications  for                                                                    
cultivation licenses.  Cultivation is the foundation  of the                                                                    
regulated  supply  chainwithout  cultivators,  the  industry                                                                    
cannot  function. The  absence of  new applicants  signals a                                                                    
sector in crisis, where existing  businesses are in survival                                                                    
mode,  struggling to  stay afloat.  This not  only threatens                                                                    
the  stability of  the industry  but also  eliminates a  key                                                                    
source of  new revenue-generating  businesses for  the state                                                                    
of Alaska.                                                                                                                      
While  legal marijuana  businesses  continue  to close,  the                                                                    
illicit  market  is thriving.  In  2024,  the Department  of                                                                    
Public  Safety seized  316 pounds  of  illegal marijuana,  a                                                                    
significant  increase from  the 186  pounds seized  in 2023.                                                                    
These   figures  are   particularly  alarming   because  the                                                                    
department  does  not   actively  investigate  or  prosecute                                                                    
marijuana-related    offensesthese      seizures    occurred                                                                    
incidentally, not through targeted  enforcement. We have not                                                                    
seen  illicit market  activity at  this  level since  before                                                                    
legalization,  underscoring the  urgent need  for regulatory                                                                    
and tax reforms  to support the legal industry  and curb the                                                                    
illegal market.                                                                                                                 
Compounding this  issue is the  gray market, which  is being                                                                    
driven  by  unregulated   intoxicating  hemp  products  that                                                                    
exploit a  loophole in  the 2018  Farm Bill.  Despite recent                                                                    
regulatory  changes by  the Division  of Agriculture,  which                                                                    
prohibit any  amount of  THC in  hemp products,  these items                                                                    
continue  to enter  the  Alaska  marketplace through  retail                                                                    
stores and online sales with little to no enforcement.                                                                          
The legal  industry wants  to contribute.  They want  to pay                                                                    
taxes, create  jobs, and support  the state economy.  But it                                                                    
cannot  do so  under  the weight  of a  tax  system that  is                                                                    
unsustainable. Without  reform, more businesses  will close.                                                                    
Fewer tax dollars will be  collected. And the illicit market                                                                    
will continue to expand.                                                                                                        
Senate  Bill 73  is  a necessary  step  to stabilizing  this                                                                    
industryan  industry that the  state depends on for revenue,                                                                    
that employs Alaskans, and that  was built on the promise of                                                                    
a fair and regulated marketplace.                                                                                               
With that,  I thank you  for your time and  consideration. I                                                                    
am happy to answer any questions.                                                                                               
                                                                                                                                
10:00:00 AM                                                                                                                   
                                                                                                                                
Ms.  Stuart  continued  her testimony.  She  contended  that                                                                    
cultivation was the foundation of  a regulated supply chain,                                                                    
and the absence of new  applicants reflected a crisis in the                                                                    
industry.  She said  that regulatory  and  tax reforms  were                                                                    
necessary for the survival of the legal market.                                                                                 
                                                                                                                                
10:01:22 AM                                                                                                                   
                                                                                                                                
Ms.  Stuart proposed  that without  reform businesses  would                                                                    
close. She reiterated her support of the bill.                                                                                  
                                                                                                                                
10:02:33 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman OPENED public testimony.                                                                                       
                                                                                                                                
10:02:41 AM                                                                                                                   
                                                                                                                                
LACY  WILCOX,  VICE  PRESIDENT,  ALASKA  MARIJUANA  INDUSTRY                                                                    
ASSOCIATION,  JUNEAU  (via   teleconference),  testified  in                                                                    
support  of  the bill.  She  relayed  that the  current  tax                                                                    
structure was  unsustainable. She thought the  bill provided                                                                    
a  needed  reduction  in  the  excise  tax.  She  urged  the                                                                    
committee  to support  the bill.  She believed  that without                                                                    
the  tax reduction  the industry  would suffer  and reminded                                                                    
the  committee of  the revenue  that the  industry generated                                                                    
for the state.                                                                                                                  
                                                                                                                                
10:04:33 AM                                                                                                                   
                                                                                                                                
LLOYD  STIASSNY,  OWNER,  EGAN MANAGEMENT  GROUP,  ANCHORAGE                                                                    
(via  teleconference),  spoke in  support  of  the bill.  He                                                                    
thought the  industry was heavily  burdened with tax  at all                                                                    
levels, which  prohibited growth. He stressed  that the bill                                                                    
was vital to the long-term  health of the industry. He noted                                                                    
that  the industry  was statewide.  He pondered  his history                                                                    
working in  various areas  of the state.  He noted  the many                                                                    
sectors that  the industry  intersected with.  He reiterated                                                                    
his strong support for the legislation.                                                                                         
                                                                                                                                
10:08:34 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman CLOSED public testimony.                                                                                       
                                                                                                                                
Co-Chair  Stedman  asked the  bill  sponsor  to offer  final                                                                    
comments.                                                                                                                       
                                                                                                                                
Senator  Claman  relayed that  he  was  available after  the                                                                    
meeting for questions.                                                                                                          
                                                                                                                                
Senator Cronk asked about the tax rates in other states.                                                                        
                                                                                                                                
Senator  Claman  relayed that  Alaska  had  the highest  tax                                                                    
rates   in  the   country.  He   offered  to   provide  more                                                                    
information to the committee.                                                                                                   
                                                                                                                                
SB  73  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
10:09:49 AM                                                                                                                   
AT EASE                                                                                                                         
10:11:00 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Stedman relayed that there was one item left on                                                                        
the agenda, that the committee would move to the agenda on                                                                      
the following meeting.                                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:12:21 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:12 a.m.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 80 Letter of Support APHA 2.4.25.pdf HL&C 3/31/2025 3:15:00 PM
SFIN 3/6/2025 9:00:00 AM
SB 80
SB 80 Board of Massage Therapists Audit Ver. A 8.14.23.pdf HL&C 3/31/2025 3:15:00 PM
SFIN 3/6/2025 9:00:00 AM
SB 80
SB 80 BGCSB Audit Ver. A 06.22.23.pdf SFIN 3/6/2025 9:00:00 AM
SB 80
SB 80 Marijuana Control Board Audit Ver. A 10.30.23.pdf SFIN 3/6/2025 9:00:00 AM
SB 80
SB 80 Sectional Analysis Ver. A.pdf SFIN 3/6/2025 9:00:00 AM
SB 80
SB 80 Sponsor Statement Ver. A.pdf SFIN 3/6/2025 9:00:00 AM
SB 80
SB 109 Supporting Document Vesrion A 02.26.25.pdf SFIN 3/6/2025 9:00:00 AM
SB 109
SB 109 Sectional Analysis vesrion A 02.26.25.pdf SFIN 3/6/2025 9:00:00 AM
SB 109
SB 109 Sponsor Statement Version A 02.26.25.pdf SFIN 3/6/2025 9:00:00 AM
SB 109
SB 73 Supporting Document Version G- Letters Received as of 2.11.2025.pdf SFIN 3/6/2025 9:00:00 AM
SB 73
SB 73 Supporting Document - Governor's Advisory Task Force Report 1.13.23.pdf SFIN 3/6/2025 9:00:00 AM
SB 73
SB 73 Supporting Document - 26 USC 1202 (effective 2010-2014).pdf SFIN 3/6/2025 9:00:00 AM
SB 73
SB 73 Sectional Analysis Version G 1.29.2025.pdf SFIN 3/6/2025 9:00:00 AM
SB 73
SB 73 Sponsor Statement Version G 1.29.2025.pdf SFIN 3/6/2025 9:00:00 AM
SB 73
SB 113 Research Tax Division 2024 Annual Report excerpt.pdf SFIN 3/6/2025 9:00:00 AM
SFIN 3/10/2025 9:00:00 AM
SFIN 4/9/2025 9:00:00 AM
SB 113
SB 113 Research - CCH AnswersConnect - Apportionment Formulas.pdf SFIN 3/6/2025 9:00:00 AM
SFIN 3/10/2025 9:00:00 AM
SFIN 4/9/2025 9:00:00 AM
SB 113
SB 113 Sponsor's Powerpoint version A 2.26.25.pdf SFIN 3/6/2025 9:00:00 AM
SFIN 3/10/2025 9:00:00 AM
SB 113
SB 113 Sectional Analysis version A 2.26.25.pdf SFIN 3/6/2025 9:00:00 AM
SFIN 3/10/2025 9:00:00 AM
SFIN 4/9/2025 9:00:00 AM
SB 113
SB 113 Sponsor Statement version A 2.26.25.pdf SFIN 3/6/2025 9:00:00 AM
SFIN 3/10/2025 9:00:00 AM
SFIN 4/9/2025 9:00:00 AM
SB 113
SB 113 Research - CCH AnswersConnect - Market Based Sourcing.pdf SFIN 3/6/2025 9:00:00 AM
SFIN 3/10/2025 9:00:00 AM
SFIN 4/9/2025 9:00:00 AM
SB 113
SB 80 Supporting Document - Sunset Review of ACoA Conclusions.pdf HL&C 3/31/2025 3:15:00 PM
SFIN 3/6/2025 9:00:00 AM
SB 80
SB 80 work draft version N.pdf HL&C 3/31/2025 3:15:00 PM
SFIN 3/6/2025 9:00:00 AM
SB 80
SB 80 Explanation of Changes ver A to ver N 2025.03.04.pdf HL&C 3/31/2025 3:15:00 PM
SFIN 3/6/2025 9:00:00 AM
SB 80
SB 73 Sponsor Statement 2025.3.4.pdf SFIN 3/6/2025 9:00:00 AM
SB 73
SB 109 Legal Memo may versus shall SB109 25-056boo.pdf SFIN 3/6/2025 9:00:00 AM
SB 109
SB 80 Supporting Document -Commission on Aging Audit.pdf HL&C 3/31/2025 3:15:00 PM
SFIN 3/6/2025 9:00:00 AM
SB 80
SB 73 Brewington Testimony.pdf SFIN 3/6/2025 9:00:00 AM
SB 73