Legislature(2003 - 2004)

06/23/2004 03:43 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 1003                                                                                                           
                                                                                                                                
     An  Act relating  to the  income  of and  appropriations                                                                   
     from  the  Alaska permanent  fund  under  art. IX,  sec.                                                                   
     15(b), Constitution  of the State of Alaska,  and making                                                                   
     conforming  amendments;   relating  to   permanent  fund                                                                   
     dividend payments  of at  least $1,000; relating  to the                                                                   
     determination of  net income of the mental  health trust                                                                   
     fund; and providing for an effective date.                                                                                 
                                                                                                                                
CHERYL  FRASCA, DIRECTOR,  DIVISION OF  MANAGEMENT &  BUDGET,                                                                   
OFFICE OF THE  GOVERNOR, observed that the  legislation would                                                                   
provide for  a dividend that  is equal  to 50% of  the annual                                                                   
POMV  income  or  a  $1,000  dollar  dividend,  whichever  is                                                                   
greater.                                                                                                                        
                                                                                                                                
ROBERT D. STORER,  EXECUTIVE DIRECTOR, ALASKA  PERMANENT FUND                                                                   
CORPORATION,  DEPARTMENT  OF   REVENUE,  explained  that  the                                                                   
income  from   the  Amerada  Hess   settlement  may   not  be                                                                   
distributed as a dividend under  current law. Income from the                                                                   
settlement can only go into the  principal of the Fund. These                                                                   
funds are  a component within  the Fund, which  has continued                                                                   
to grow. The  legislation would change this  status and allow                                                                   
the funds to  be considered in the calculation  of dividends.                                                                   
In  response  to  a question  by  Representative  Croft,  Mr.                                                                   
Storer felt that  the change could be made  within the limits                                                                   
of  the  settlement. He  did  not  have  a legal  opinion  to                                                                   
substantiate this  opinion [Mr.  Storer later notes  that the                                                                   
legislation would not include this change.]                                                                                     
                                                                                                                                
Representative  Hawker corrected  the previous statements  by                                                                   
Mr.  Storer and  pointed out  that language  in the  original                                                                   
version (HB 298) made the income  available. He observed that                                                                   
HB 1003  would hold the status  quo and the income  would not                                                                   
be available for distribution.                                                                                                  
                                                                                                                                
Mr.  Storer acknowledged  that the  distinction would  remain                                                                   
the same as under current statute.                                                                                              
                                                                                                                                
Representative Joule  MOVED to ADOPT conceptual  Amendment #1                                                                   
for the  distribution: 7.5  percent for municipalities,  32.5                                                                   
percent to public education and 60 percent to dividends.                                                                        
                                                                                                                                
Co-Chair Williams OBJECTED.                                                                                                     
                                                                                                                                
Representative  Hawker  suggested  that the  amendment  would                                                                   
place   dividends  at   a  higher   priority  to   education.                                                                   
Representative Joule disagreed  and pointed out that there is                                                                   
a formula  for education, regardless  of the funding  source.                                                                   
The amendment is a switch in the fund source.                                                                                   
                                                                                                                                
Representative  Hawker asked  if  Representative Joule  would                                                                   
support  a   reduction  of  the   dividend  payout   to  50%.                                                                   
Representative Joule did not support the change.                                                                                
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Foster, Joule, Moses, Stoltze, Croft                                                                                  
OPPOSED: Hawker, Meyer, Chenault, Fate, Williams                                                                                
                                                                                                                                
Co-Chair Harris was absent from the vote.                                                                                       
                                                                                                                                
The MOTION FAILED (5-5).                                                                                                        
                                                                                                                                
Representative  Chenault  asked  what  would  happen  if  the                                                                   
Permanent  Fund did not  have a  market gain  in a period  of                                                                   
time.                                                                                                                           
                                                                                                                                
Ms.  Frasca  pointed  to  page  3, line  26:  if  funds  were                                                                   
insufficient  to  meet  the $1,000  [dividend]  minimum,  the                                                                   
other  percentages  would  be reduced  accordingly  with  the                                                                   
anticipation that  the legislature  would back fill  to fully                                                                   
fund  the  45  and  5  percent   payouts  [to  education  and                                                                   
municipalities.]                                                                                                                
                                                                                                                                
Mr.  Storer  explained that  the  POMV  approach allows  a  5                                                                   
percent payout  with any distribution.  Under the  proposal a                                                                   
$1,000  dividend  would  be  given priority;  as  long  as  5                                                                   
percent of  the average  of the Fund  equal to $1,000  [times                                                                   
the  number   of  dividend  recipients]  is   available,  the                                                                   
dividend would be  paid. The Fund size would  have to average                                                                   
around $14  billion to [pay  a $1,000 dividend].  He observed                                                                   
that during the  past three year's bear market  the Fund went                                                                   
from  $28 billion  to $21  billion, which  still allowed  for                                                                   
inflation  proofing   and  full  funding  of   the  dividend.                                                                   
Statistically  there is  a small possibility  [that  the Fund                                                                   
would  drop  below   the  level  needed  to   fund  a  $1,000                                                                   
dividend]. There  would have to  be an extremely  severe bear                                                                   
market in the stock market.                                                                                                     
                                                                                                                                
Ms. Frasca pointed  out that the legislation  would provide a                                                                   
statutory change. The legislature  would have the latitude to                                                                   
amend the statute.                                                                                                              
                                                                                                                                
In response  to a  question by  Vice-Chair Meyer, Ms.  Frasca                                                                   
reiterated  that the $1,000  minimum provision  was added  by                                                                   
the Governor and  was not in the version passed  by the House                                                                   
[HB 298].                                                                                                                       
                                                                                                                                
TAPE HFC 04 - 1, Side B                                                                                                       
                                                                                                                                
Representative  Foster  MOVED   to  report  HB  1003  out  of                                                                   
Committee with  the accompanying fiscal note.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
HB 1003  was REPORTED out of  Committee with a "do  not pass"                                                                   
recommendation and with a zero  fiscal note by the Department                                                                   
of Revenue.                                                                                                                     

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