Legislature(2021 - 2022)ADAMS 519

03/03/2022 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 158 PFD CONTRIBUTIONS TO GENERAL FUND TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 246 ACCESS TO MARIJUANA CONVICTION RECORDS TELECONFERENCED
Heard & Held
+ HB 287 A: OIL & GAS TAX CREDIT FUND APPROP. TELECONFERENCED
Heard & Held
+= HB 281 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Scheduled but Not Heard
+= HB 282 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 158                                                                                                            
                                                                                                                                
     "An Act relating to contributions from permanent fund                                                                      
     dividends to the general fund."                                                                                            
                                                                                                                                
9:01:58 AM                                                                                                                    
                                                                                                                                
9:02:09 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:02:29 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
REPRESENTATIVE MIKE  PRAX, SPONSOR, explained that  the bill                                                                    
would give  individuals the opportunity to  give their share                                                                    
of the  Permanent Fund  Dividend (PFD)  payment back  to the                                                                    
state  if they  desired. The  bill asked  the Department  of                                                                    
Revenue (DOR) to modify the  electronic PFD application form                                                                    
to  include  a check  box  that  would allow  applicants  to                                                                    
contribute  up  to  the  full   value  of  the  dividend  in                                                                    
increments of $25.                                                                                                              
                                                                                                                                
Representative LeBon  asked if individuals would  be able to                                                                    
designate which agency the funds would go to.                                                                                   
                                                                                                                                
Representative Prax  answered in the negative.  He explained                                                                    
that the that funding would go to the General Fund.                                                                             
                                                                                                                                
Representative LeBon asked if  the sponsor believed it would                                                                    
be  more popular  if Alaskans  could donate  the money  to a                                                                    
specific  department  such  as   the  Department  of  Public                                                                    
Safety.                                                                                                                         
                                                                                                                                
Representative  Prax agreed.  He  believed the  idea may  be                                                                    
worth considering in  the future. His goal for  the bill was                                                                    
to make the basic option available to see how it worked.                                                                        
                                                                                                                                
Vice-Chair  Ortiz  shared that  he  had  been approached  by                                                                    
several  constituents  who  would  like to  see  their  PFDs                                                                    
invested  in a  separate Permanent  Fund account  that would                                                                    
grow over time and would be  available to them at some point                                                                    
in the future. He asked the  bill sponsor if he had explored                                                                    
the idea.                                                                                                                       
                                                                                                                                
9:06:08 AM                                                                                                                    
                                                                                                                                
Representative Prax  answered that he  had looked into  it a                                                                    
bit. He stated  that it sounded like a  great idea; however,                                                                    
it would be legally challenging.  He explained that it meant                                                                    
there would be money in  the Permanent Fund that belonged to                                                                    
the public and individuals. He  thought was a good idea, but                                                                    
it was complicated to set up.                                                                                                   
                                                                                                                                
Representative  Thompson thought  he  would  likely come  up                                                                    
with an amendment  to allow people to donate  the funding to                                                                    
the General Fund or to  the principal of the Permanent Fund.                                                                    
He asked the sponsor for his opinion.                                                                                           
                                                                                                                                
Representative Prax  did not object  to the idea.  He stated                                                                    
the  money belonged  to  the  donor so  they  should get  to                                                                    
choose where it  went. He explained that the  PFD funds were                                                                    
in the  General Fund prior  to going to individuals.  He did                                                                    
not  know about  the mechanics  of transferring  the funding                                                                    
back into the Permanent Fund.                                                                                                   
                                                                                                                                
Representative  Thompson asked  for  more  detail about  his                                                                    
idea.                                                                                                                           
                                                                                                                                
Representative Prax  answered that the concepts  proposed by                                                                    
Representative  Thompson  and  Representative LeBon  may  be                                                                    
something worth investigating in  another bill. He wanted to                                                                    
see if the  basic bill was a success first.  He believed the                                                                    
legislature  should  consider  building on  the  idea  after                                                                    
determining how the basic concept worked.                                                                                       
                                                                                                                                
9:08:30 AM                                                                                                                    
                                                                                                                                
Representative  Wool  asked  how  much  Representative  Prax                                                                    
thought people would  donate back. He asked if  there was an                                                                    
approximation, or  if the  sponsor was  "throwing it  to the                                                                    
wind."                                                                                                                          
                                                                                                                                
Representative Prax  answered it  was hard  to guess  and he                                                                    
was throwing it  to the wind. He detailed  that the previous                                                                    
year, 105 people knew they  could donate their check back to                                                                    
DOR  by  endorsing  the  check   and  mailing  back  to  the                                                                    
department. He  noted that in  order to return the  funds to                                                                    
DOR by mail,  recipients had to remember to  request a paper                                                                    
check when applying  for the PFD. He  anticipated the number                                                                    
would  increase because  applicants  determined  what to  do                                                                    
with their  PFD in March,  at the same time  the legislature                                                                    
was discussing the budget. He  noted that quite a few people                                                                    
had stated they  would rather have services  than the check.                                                                    
He  explained  that  the  bill  would  make  it  easier  for                                                                    
individuals to  do. He  did not  believe people  realized it                                                                    
was  possible  to return  their  PFD  to the  department  at                                                                    
present.                                                                                                                        
                                                                                                                                
Representative   Wool   referenced   Representative   Prax's                                                                    
statement  that individuals  would  be deciding  what to  do                                                                    
with  their  PFD  at  the  same  time  the  legislature  was                                                                    
discussing the budget. He noted  there was a spring forecast                                                                    
coming  up that  would  likely be  advantageous to  Alaska's                                                                    
pocketbook.  He thought  people may  choose to  accept their                                                                    
full  PFD if  there  was  plenty of  money  coming into  the                                                                    
state. He asked if the bill  was only aimed at giving people                                                                    
the option [to  return the funds to the state].  He asked if                                                                    
the  bill   was  also  aiming   to  retrieve  some   of  the                                                                    
expenditures.  He asked  the sponsor  if  he believed  there                                                                    
would be a substantial amount of money redeemed.                                                                                
                                                                                                                                
Representative Prax believed the  funds redeemed as a result                                                                    
of the  bill would be enough  to cover the costs  of setting                                                                    
up the computer program to  accept the funds. He stated that                                                                    
any operating  costs would  be de  minimis once  the program                                                                    
was  set up.  From a  business perspective,  he believed  it                                                                    
would be worth  putting money aside to  advertise the option                                                                    
to people. He explained that  as long as the operating costs                                                                    
were covered, there would be a profit for the state.                                                                            
                                                                                                                                
Co-Chair  Merrick noted  that  Representative Rasmussen  had                                                                    
joined the meeting via teleconference.                                                                                          
                                                                                                                                
9:11:56 AM                                                                                                                    
                                                                                                                                
Representative  Thompson was  interested in  the people  who                                                                    
received  a  paper  check  and  sent  it  back  to  DOR.  He                                                                    
highlighted that  once a  person received  a paper  check, a                                                                    
tax liability  was created.  He asked if  people had  to pay                                                                    
taxes on the returned funds.  Alternatively, he asked if the                                                                    
State  of Alaska  was considered  a  nonprofit donation.  He                                                                    
highlighted  there was  an annual  limit  on donations  that                                                                    
could be claimed against a person's taxes.                                                                                      
                                                                                                                                
Representative  Prax confirmed  that individuals  [returning                                                                    
the  funds] were  liable  for the  tax.  He noted  committee                                                                    
members'  packets  included  a   legal  memo  specifying  it                                                                    
appeared the  donation would  be considered  tax deductible.                                                                    
The  donation  back  to  the  state  was  considered  a  tax                                                                    
deduction  and  how  it  applied to  any  individual  was  a                                                                    
conversation between  the individual, their  accountant, and                                                                    
the IRS.                                                                                                                        
                                                                                                                                
9:13:24 AM                                                                                                                    
                                                                                                                                
Representative   Johnson  thanked   the  bill   sponsor  for                                                                    
introducing the legislation.  She expressed appreciation for                                                                    
bills that  came from  the people. She  asked if  the option                                                                    
provided  by  the  bill  would be  another  check  box  like                                                                    
Pick.Click.Give  or  the  education lottery.  She  asked  if                                                                    
there were any associated costs.                                                                                                
                                                                                                                                
Representative Prax  answered that  the box would  appear at                                                                    
the bottom  of the  list of  the Pick.Click.Give  choices on                                                                    
the application screen.                                                                                                         
                                                                                                                                
Representative Johnson asked  how much it would  cost to add                                                                    
the option.                                                                                                                     
                                                                                                                                
Representative  Prax  replied  the option  would  appear  as                                                                    
another  check  box  below   the  Pick.Click.Give  list.  He                                                                    
detailed that  the fiscal notes estimated  a programming and                                                                    
set  up  cost  of  $43,600.  He  elaborated  that  the  bill                                                                    
included   a  7   percent  charge   similar  to   the  other                                                                    
Pick.Click.Give  contributions. He  thought it  could be  an                                                                    
amendment for consideration. He  did not believe there would                                                                    
be an expense after setting the option up.                                                                                      
                                                                                                                                
Representative Carpenter asked  about the difference between                                                                    
not  applying  for  the  PFD   and  receiving  the  PFD  and                                                                    
returning it.                                                                                                                   
                                                                                                                                
Representative Prax  answered that if someone  did not apply                                                                    
PFD,  their  share was  distributed  between  all the  other                                                                    
applicants. He  explained that opting  not to apply  for the                                                                    
PFD did not accomplish the  objective of directing the money                                                                    
back to the General Fund.                                                                                                       
                                                                                                                                
9:16:37 AM                                                                                                                    
                                                                                                                                
Representative LeBon  asked if the contribution  back to the                                                                    
General Fund would  avoid a tax liability. He  wondered if a                                                                    
person  made  a  taxable  donation they  never  really  took                                                                    
possession of  the funding and  the funds never  really left                                                                    
the state.                                                                                                                      
                                                                                                                                
Representative  Prax  answered  that  it  was  difficult  to                                                                    
estimate  the number  of  people who  wanted  to give  their                                                                    
check back without  asking them first. He  explained that if                                                                    
a person said  they wanted to give the funds  back, they had                                                                    
technically  taken  possession  of payment  even  though  it                                                                    
never reached their hands.                                                                                                      
                                                                                                                                
Representative   Carpenter  asked   how  many   people  were                                                                    
eligible for the PFD who did not apply.                                                                                         
                                                                                                                                
Representative Prax  answered that the number  was around 15                                                                    
percent. He did not have the figure on hand.                                                                                    
                                                                                                                                
Co-Chair Merrick asked if DOR could answer the question.                                                                        
                                                                                                                                
COREY BIGELOW,  OPERATIONS MANAGER, PERMANENT  FUND DIVIDEND                                                                    
DIVISION,  DEPARTMENT   OF  REVENUE   (via  teleconference),                                                                    
replied he  was uncertain the division  had the information.                                                                    
He explained  that the  PFD Division  received approximately                                                                    
670,000  applications  annually.  He  noted  that  duplicate                                                                    
applications  could   reach  up  to  several   thousand.  He                                                                    
reasoned it could be possible  to determine the number based                                                                    
on  the  number of  applicants  compared  to the  number  of                                                                    
Alaskan residents. He did not have the information on hand.                                                                     
                                                                                                                                
Representative  Carpenter considered  individuals who  chose                                                                    
not to apply  for the PFD because  they were philosophically                                                                    
opposed or because they thought  the funds remained with the                                                                    
government.  He thought  the individuals  may choose  to use                                                                    
the program  to ensure the  funds went to  state government.                                                                    
He did not believe there was a way to determine the number.                                                                     
                                                                                                                                
9:20:34 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick OPENED public testimony.                                                                                       
                                                                                                                                
Co-Chair Merrick CLOSED public testimony.                                                                                       
                                                                                                                                
9:21:03 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick  asked the department to  review the fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
Mr. Bigelow provided a brief  summary of the fiscal note. He                                                                    
stated that the  bill would enable Alaskans  to direct their                                                                    
PFD funds to the state's  General Fund during the electronic                                                                    
application  process.  He  detailed  that  the  contribution                                                                    
would  be available  for individuals  filing for  themselves                                                                    
versus individuals  filing on behalf of  another person. The                                                                    
department  expected   the  latter   to  be   excluded.  The                                                                    
department estimated it  would take 150 hours  to modify the                                                                    
online  application  and an  additional  150  hours to  make                                                                    
changes to the "My Info"  portal where Alaskans logged on to                                                                    
view  their application  history  and  status. He  explained                                                                    
that all  of the  hours pertained to  the initial  build and                                                                    
the  PFD  Division  would  absorb   any  ongoing  costs  for                                                                    
administering the program for all subsequent years.                                                                             
                                                                                                                                
Co-Chair Merrick  set an amendment  deadline for March  7 at                                                                    
5:00 p.m.                                                                                                                       
                                                                                                                                
HB 158 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
9:24:03 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:24:42 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 158 Additional Info - Legal Memo re Federal Income Tax_PFD 02.01.22.pdf HFIN 3/3/2022 9:00:00 AM
HB 158
HB 158 Sponsor Statement 4.22.21.pdf HFIN 3/3/2022 9:00:00 AM
HB 158
HB 158 Support Document - PFD Deductions Priority.pdf HFIN 3/3/2022 9:00:00 AM
HB 158
HB 158 Support Document - Reference Materials Pick.Click.Give chart.pdf HFIN 3/3/2022 9:00:00 AM
HB 158
HB 246 Explanation of Changes from Version A to B.pdf HFIN 3/3/2022 9:00:00 AM
HB 246
HB 246 Sponsor Statement 12.2.2021.pdf HFIN 3/3/2022 9:00:00 AM
HB 246
HB 246 Support Letters 2.7.2022.pdf HFIN 3/3/2022 9:00:00 AM
HB 246
Sectional Analysis HB 246 ver B 2.7.2022.pdf HFIN 3/3/2022 9:00:00 AM
HB 246
HB 287 Sectional Analysis 3.27.2021.pdf HFIN 3/3/2022 9:00:00 AM
HB 287
HB 287 Sponsor Statement .pdf HFIN 3/3/2022 9:00:00 AM
HB 287
HB 246 - Letter James NORML 022822.pdf HFIN 3/3/2022 9:00:00 AM
HB 246
HB 246 Letter of Support - GOOD Cannabis.pdf HFIN 3/3/2022 9:00:00 AM
HB 246
HB 158 Public Testimony Rec'd by 030222_.pdf HFIN 3/3/2022 9:00:00 AM
HB 158