Legislature(1999 - 2000)

04/12/1999 01:50 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 96                                                                                                               
                                                                                                                                
"An Act relating to deposits to the Alaska permanent                                                                            
fund."                                                                                                                          
                                                                                                                                
REPRESENTATIVE NORMAN ROKEBERG testified that HB 96 would                                                                       
return the percentage of all-mineral lease royalties and                                                                        
bonuses deposited into the Permanent Fund to the                                                                                
constitutionally mandated 25 percent.                                                                                           
                                                                                                                                
He continued, the legislation would propose changes to a                                                                        
statute, not the Alaska Constitution.  The Constitution                                                                         
states that "at least twenty-five percent of all mineral                                                                        
lease rentals, royalties, royalty sale proceeds, federal                                                                        
mineral revenue sharing payments and bonuses received by the                                                                    
State shall be placed in a permanent fund".  In 1980, the                                                                       
Legislature realized excess revenues existed and wisely                                                                         
decided to raise the amount of royalties and bonuses                                                                            
deposited into the Permanent Fund to 50 percent.                                                                                
                                                                                                                                
Representative Rokeberg stated that it is time for the State                                                                    
of Alaska to redirect those deposits to the general fund.                                                                       
He believed that passage of the proposed legislation would                                                                      
generate an extra $9.5 million dollars in FY00.  He urged                                                                       
passage of the legislation.                                                                                                     
                                                                                                                                
Representative Rokeberg referenced the printed handout                                                                          
provided by the Department of Revenue, Deborah Vogt, dated                                                                      
3/26/99.  [Copy on File].  The memo was drafted in response                                                                     
to the request for information on the royalties and other                                                                       
mineral payments that would be affected by the proposed                                                                         
legislation.  The memo indicates that the bill would reduce                                                                     
to 25% the contribution to the Permanent Fund of those                                                                          
mineral payments that are currently being made at a 50%                                                                         
rate.                                                                                                                           
                                                                                                                                
Additionally, Representative Rokeberg referenced the                                                                            
memorandum from the Alaska Permanent Fund Corporation                                                                           
(APFC), Jim Kelly, Director of Communications.   [Copy on                                                                       
File].  The intent of the memo was to make a distinction                                                                        
between the impact of the bill on per capita dividends over                                                                     
the next five years, both compared to the status quo and                                                                        
assuming passage of a one-time $4 billion dollar transfer                                                                       
from the Fund's earning reserve account to the Capital                                                                          
Budget Reserve Fund (CBRF) per the Governor's proposal.                                                                         
Based on a financial analysis, the impact would be less than                                                                    
a $10 difference over five years.                                                                                               
                                                                                                                                
Representative Rokeberg pointed out that the funds would not                                                                    
include any mineral resources or bonus money.  Last year,                                                                       
$53 million dollars in bonus bids was received, which added                                                                     
up to an additional $12.5 million dollars for the FY2000                                                                        
budget and does not include federal receipts.                                                                                   
                                                                                                                                
Representative Grussendorf clarified that the legislation                                                                       
would increase the revenue stream from oil to the general                                                                       
fund and would reduce it by $12.5 million dollars.  He noted                                                                    
that the original 50% legislation was passed so that amount                                                                     
would be placed into the corpus for investment purposes.  He                                                                    
reminded Committee members that any long-range fiscal plan                                                                      
will need to take the Earnings Reserve Account into                                                                             
consideration.  He recommended that it remain consolidated                                                                      
for investments within the corpus.                                                                                              
                                                                                                                                
Co-Chair Therriault pointed out that the Alaska State                                                                           
Constitution indicates that 25% should be placed into that                                                                      
account and that with passage of the legislation that would                                                                     
continue to occur.  Representative Grussendorf understood                                                                       
that the legislation would repeal the statutory 25%                                                                             
recommendation.                                                                                                                 
                                                                                                                                
Representative Rokeberg stated that the State Constitution                                                                      
clearly illustrates that the earnings of the corpus can be                                                                      
spent by the general fund.  Representative Grussendorf                                                                          
emphasized that a long-range fiscal plan should be based on                                                                     
the Earnings Reserve Account, not an additional stream into                                                                     
the general fund.  Representative Rokeberg commented that it                                                                    
is appropriate for the Legislature to appropriate money for                                                                     
the budget.  He interjected that it is now time to redirect                                                                     
the 50% statutory language so it can be used as needed.  The                                                                    
bill does not speak to what should be done with that money.                                                                     
                                                                                                                                
Representative Bunde spoke in support of the proposed                                                                           
legislation.  He suggested that the public has dictated how                                                                     
they would like the Legislature to spend money by who they                                                                      
have elected to office.                                                                                                         
                                                                                                                                
Representative J. Davies argued that point.  He added that                                                                      
it is important to look at a long-range fiscal plan for the                                                                     
State.  He voiced his preference to continue depositing                                                                         
money into the corpus of the fund.  At this time, the fund                                                                      
is not large enough to "spin off" enough money to address                                                                       
the State's financial condition.                                                                                                
                                                                                                                                
Co-Chair Therriault asked how the State should manage the                                                                       
$1.2 billion dollar deficit which it is facing.                                                                                 
Representative J. Davies stated that the State could                                                                            
"absolutely" manage that deficit.  He pointed out that                                                                          
Alaska has $2.4 billion dollars in the Earnings Reserve                                                                         
Account, and that the State expects a similar amount to be                                                                      
deposited into that account over the next fiscal year.                                                                          
                                                                                                                                
Representative Grussendorf recommended that the needed funds                                                                    
could always be taken from the Earning Reserve Account or                                                                       
from the general fund. If those funds are not desperately                                                                       
required, the money should stay in the corpus generating an                                                                     
annual income.  He recommended that the present statute stay                                                                    
in tact until a long-term plan had been devised.                                                                                
Representative Grussendorf concluded that the $12 million                                                                       
dollars is a small amount and that the structure should not                                                                     
be changed in order to access it.                                                                                               
                                                                                                                                
Representative Rokeberg pointed out that any money taken                                                                        
from this fund would create a situation which would cause no                                                                    
further public tax implementation.  He proposed that a prior                                                                    
legislature's law is now binding the current legislature as                                                                     
to how additional deposits should be made to the corpus.  He                                                                    
urged passage of the bill.                                                                                                      
                                                                                                                                
Representative Williams asked how the legislation would                                                                         
affect the State's ability to generate more earnings.  Co-                                                                      
Chair Mulder explained that if the State can utilize this                                                                       
money now, it could delay a statewide tax for a period of                                                                       
time.  He added, the financial management of that account                                                                       
would drive the overall health of the Permanent Fund.  The                                                                      
future of the Permanent Fund will be dependent upon a                                                                           
structure being established to retain the financial health                                                                      
of that fund.  He believed that the revenues lost from                                                                          
passage of the bill would be inconsequential to the relative                                                                    
current health of the general fund.                                                                                             
                                                                                                                                
Co-Chair Therriault noted that the Legislature has many                                                                         
opportunities to make contributions to the Permanent Fund.                                                                      
Representative Grussendorf referenced the original premise                                                                      
of the Permanent Fund in which the Constitution is explicate                                                                    
that the interest earned off of it should be used as                                                                            
designated by statute.  Over $3 million general fund dollars                                                                    
has been placed into the corpus of that fund.  Outside of                                                                       
that concern, Representative Grussendorf emphasized that the                                                                    
title of the proposed legislation was too broad and that in                                                                     
the future, the earnings reserve could possibly be attached                                                                     
into the corpus.  Co-Chair Therriault acknowledged that the                                                                     
title would need to be tightened.                                                                                               
                                                                                                                                
In response to Representative Austerman, Co-Chair Therriault                                                                    
explained that 25% was deposited and did not come through                                                                       
the general fund.  The additional 25% was a yearly                                                                              
appropriation of general fund dollars into the corpus.                                                                          
                                                                                                                                
Representative J. Davies pointed out that this money would                                                                      
be a statutory dedication.  The money funds need to                                                                             
technically be placed into the general fund and then                                                                            
deposited.  Any legislature has the authority to pass a bill                                                                    
as the one proposed.  He clarified that there has been no                                                                       
binding of one legislature by another.  He remarked that a                                                                      
small stream of money continues to build the fund.  Co-Chair                                                                    
Therriault asked if Representative J. Davies' comfort level                                                                     
was higher because a small amount of money was requested.                                                                       
                                                                                                                                
Representative J. Davies commented on current funds versus                                                                      
state taxes.  He recommended that the State would be better                                                                     
off if State taxes were paid "sooner" rather than "later".                                                                      
He recommended the reinstitution of an appropriate income                                                                       
tax.                                                                                                                            
                                                                                                                                
Co-Chair Therriault suggested that the title should be                                                                          
changed in order to tighten it up and then the legislation                                                                      
could be brought before the Committee for final                                                                                 
consideration.                                                                                                                  
                                                                                                                                
HB 96 was HELD in Committee for further discussion.                                                                             
                                                                                                                                
(Tape Change HFC 99 - 76, Side 2).                                                                                              

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