Legislature(2023 - 2024)ADAMS 519

05/04/2023 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 5/5/23 at 9:30 am --
+= SB 25 REPEALING FUNDS, ACCOUNTS, AND PROGRAMS TELECONFERENCED
Moved Out of Committee
-- Public Testimony --
+= HB 125 TRAPPING CABINS ON STATE LAND TELECONFERENCED
Moved CSHB 125(RES) Out of Committee
-- Public Testimony --
+ HB 81 VEHICLES/BOATS: TRANSFER ON DEATH TITLE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 98 AK PERM FUND CORP. & PCE ENDOWMENT FUND TELECONFERENCED
Moved Out of Committee
+= HB 38 APPROPRIATION LIMIT; GOV BUDGET TELECONFERENCED
Heard & Held
SENATE BILL NO. 98                                                                                                            
                                                                                                                                
     "An Act  relating to state ownership  of submerged land                                                                    
     underlying  navigable water  within  the boundaries  of                                                                    
     and  adjacent to  federal areas;  and providing  for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
1:45:40 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster  discussed the agenda. He  began the meeting                                                                    
with a  continuation of SB  98 from the morning  meeting. He                                                                    
noted that  the committee would  continue hearing the  SB 98                                                                    
fiscal  note  from  the  Department  of  Revenue  (DNR).  He                                                                    
explained that  the department could lose  $1.179 million if                                                                    
the bill was adopted. The  department wanted to backfill the                                                                    
loss with Undesignated General Funds  (UGF). He relayed that                                                                    
he had discussed  the situation with the  bills  sponsor and                                                                    
determined  that  there  were   two  options.  There  was  a                                                                    
possibility to zero  out the fiscal note or  keep the fiscal                                                                    
note as  is with a one  year transition period to  offer the                                                                    
department time to  figure out ways to  backfill the funding                                                                    
or request and justify the full  amount again in the FY 2025                                                                    
budget. He preferred the one year transition option.                                                                            
                                                                                                                                
1:47:14 PM                                                                                                                    
                                                                                                                                
PAM  LEARY,  DIRECTOR,   TREASURY  DIVISION,  DEPARTMENT  OF                                                                    
REVENUE,  explained  the  basis  for the  fiscal  note.  She                                                                    
delineated  that   the  division  managed  $48   billion  in                                                                    
investments and  had a budget  of roughly $11.7  million for                                                                    
FY  24. The  cost  allocation plan  divided  all costs  that                                                                    
equated to its total budget  among all the funds it managed.                                                                    
She  elaborated that  around  80 percent  of  the funds  the                                                                    
treasury  managed  were  the  Alaska  Retirement  Management                                                                    
Board  (ARMB) funds  and the  remaining funds  were treasury                                                                    
funds like  the Power  Cost Equalization Fund  (PCE), Public                                                                    
School  Funds and  a whole  host  of other  funds that  were                                                                    
funded through UGF. The fiscal  note was an estimate and was                                                                    
based on  the $1.178 million  that was calculated  to manage                                                                    
the  fund based  on  the cycle.  However,  with the  current                                                                    
lower value  of the fund  the amount was  approximately $900                                                                    
thousand. She  informed the committee that  treasury charged                                                                    
endowment type  funds a  maximum floor  of 10  basis points.                                                                    
She  shared that  it was  an  efficient way  to manage  many                                                                    
funds.  When a  fund was  removed,  the costs  needed to  be                                                                    
reallocated amongst the other  funds. Because the funds were                                                                    
funded by UGF, she merely  changed the funding source in the                                                                    
fiscal  note. She  elucidated that  every year  the division                                                                    
calculated its  cost allocation  plan and  reallocated funds                                                                    
based on  the assets  under its management.  Therefore, each                                                                    
year management costs  vary and PCE typically  amounted to 2                                                                    
percent of all the assets  treasury managed, the two percent                                                                    
would be reallocated  among all the other  funds it managed,                                                                    
and they would be charged accordingly.                                                                                          
                                                                                                                                
1:50:31 PM                                                                                                                    
Representative Josephson  asked why  the ARMB fund  would be                                                                    
charged  more if  the  fiscal note  was  adopted. Ms.  Leary                                                                    
responded that in the future,  the treasury would charge all                                                                    
of the management  costs out to all of the  funds it managed                                                                    
on  a pro  rata share,  the  retirement funds  would have  a                                                                    
greater share of all the  assets. She reminded the committee                                                                    
that the divisions  process was   very efficient  which kept                                                                    
its costs   very low  when  compared to other  funds managed                                                                    
elsewhere.                                                                                                                      
                                                                                                                                
1:51:29 PM                                                                                                                    
                                                                                                                                
Representative  Hannan  understood   that  the  fiscal  note                                                                    
overestimated  the costs  in  FY 2025  and  in the  outgoing                                                                    
years the costs would be  zeroed out. Ms. Leary responded in                                                                    
the  negative and  explained that  the treasury  would still                                                                    
need the $1.179 million to manage  all of the funds that the                                                                    
treasury managed.  If one fund  was taken away,  there would                                                                    
be  fewer dollars  in total  to cover  costs. Representative                                                                    
Hannan asked  for confirmation that  there would still  be a                                                                    
need  for  additional UGF  of  an  uncertain amount  in  the                                                                    
future if there was a transitionary  year to figure a way to                                                                    
recover the  costs. Ms. Leary  responded in  the affirmative                                                                    
and reiterated  that treasury refigured its  cost allocation                                                                    
plan each year.  She maintained that each year  was always a                                                                    
guessing  game. She  exemplified  the Constitutional  Budget                                                                    
Reserve  (CBR) and  noted that  when the  balance was  large                                                                    
there was  more charges to  all the underlying funds  and in                                                                    
particular UGF, which  funded the CBR. She  reported that as                                                                    
the  CBR   diminished,  more  costs  were   charged  to  the                                                                    
retirement  funds. She  reiterated  that treasurys   process                                                                    
was efficient  because they could  manage hundreds  of funds                                                                    
with one team.                                                                                                                  
                                                                                                                                
Co-Chair  Foster  understood that  the  fund  source on  the                                                                    
fiscal  note  would  switch from  Designated  General  Funds                                                                    
(DGF) to UGF. The revenue  treasury gained from charging PCE                                                                    
become  DGF.  He  asked  if   all  the  other  revenue  from                                                                    
investment charges would be UGF.  Ms. Leary responded in the                                                                    
negative.  She explicated  that  that  the retirement  funds                                                                    
were the source of funds  for 80 percent of treasurys  work,                                                                    
which  was not  necessarily  UGF, but  the  majority of  the                                                                    
costs  would  be   UGF  funded  for  the   first  year.  She                                                                    
characterized it  as a  simple approach   since the treasury                                                                    
budget  was  built  on  professional  estimates.  Typically,                                                                    
treasury requested  slightly more than  estimated, factoring                                                                    
in the amount the investments were expected to grow.                                                                            
1:55:45 PM                                                                                                                    
                                                                                                                                
Co-Chair Edgmon  asked if she  had a  sense of when  the PCE                                                                    
fund would be transferred to  the Permanent Fund if the bill                                                                    
were  to  pass. Ms.  Leary  responded  that it  would  occur                                                                    
quickly after the bill took  effect. She referenced the $200                                                                    
million in  losses suffered  by the  fund, and  reminded the                                                                    
committee that $50 million was  in spending, totaling losses                                                                    
of 15 percent. She communicated that  as of the end of April                                                                    
2023,  PCE experienced  about 7.5  percent  in returns.  She                                                                    
reminded the committee  of the volatility of  the market and                                                                    
that  the funds  were  subject to  market fluctuations.  Co-                                                                    
Chair Edgmon understood that the  management team for all of                                                                    
treasurys  funds worked on a fixed  cost basis and was not a                                                                    
fee  based  third  party contract  oriented  management.  He                                                                    
ascertained that treasury operated  as a fixed cost in-house                                                                    
management team.  Ms. Leary responded  that the  majority of                                                                    
the  costs were  fixed  costs especially  for  PCE types  of                                                                    
funds. She expounded  that there was a small  amount paid in                                                                    
management fees  to companies such  as SMP 500  for equities                                                                    
and SCI  for international equities, which  were embedded in                                                                    
the  costs. The  fees were  based  on the  assets that  were                                                                    
managed  but were  very  small and  were  spread across  all                                                                    
assets.  She concluded  that  primarily  all the  divisions                                                                     
costs were fixed.                                                                                                               
                                                                                                                                
Co-Chair  Edgmon  presumed  that the  cost  allocation  plan                                                                    
happened at the  beginning of the calendar year  and not the                                                                    
fiscal year. He  deduced that if that were the  case and the                                                                    
fund  was  already transferred  in  July  2024, he  wondered                                                                    
whether  the  costs could  be  allocated  amongst the  other                                                                    
funds and not  require any UGF. Ms. Leary  answered that the                                                                    
division did  the cost allocation  plan just before  the new                                                                    
year  and  were  currently  engaged   in  the  process.  She                                                                    
furthered that  the majority of the  transferred costs would                                                                    
be UGF  because they  transferred costs  to funds  that were                                                                    
being  managed and  supported by  UGF. Some  costs would  be                                                                    
allocated to the  ARMB and other funds, but  all costs would                                                                    
be  allocated  out  and  PCE  accounted  for  2  percent  of                                                                    
management  costs,  therefore,  the division  would  need  a                                                                    
funding source and some part of that would be UGF.                                                                              
                                                                                                                                
1:59:45 PM                                                                                                                    
                                                                                                                                
Representative  Josephson  recalled  Ms.  Learys   statement                                                                    
that $978 million  was the correct figure  versus the $1.179                                                                    
million.  Ms.   Leary  answered   in  the   affirmative  and                                                                    
indicated that  10 basis points  of the current  value would                                                                    
be the amount that was spread among other costs.                                                                                
                                                                                                                                
Co-Chair  Foster  asked  what  the  will  of  the  committee                                                                    
regarding the fiscal note was.                                                                                                  
                                                                                                                                
2:00:44 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:02:02 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
2:02:14 PM                                                                                                                    
                                                                                                                                
Co-Chair  Edgmon  asked  if  there  was a  way  to  take  an                                                                    
alternative  approach   to  the   fiscal  note.   Ms.  Leary                                                                    
responded  that  in terms  of  managing  all the  divisions                                                                     
funds they needed the full  amount of its budgetary request,                                                                    
it  was a  question  of  how the  costs  were  going to  get                                                                    
allocated. She  furthered that for  PCE and  other endowment                                                                    
funds, the division switched to  charging a minimum floor of                                                                    
10 basis points, which resulted  in needing less UGF because                                                                    
UGF did not support the bulk  of the costs since other funds                                                                    
were paying 10 basis points.  She disclosed that the average                                                                    
of all the  treasury funds was 4 to 5  basis points of total                                                                    
costs.  She had  been able  to decrease  reliance on  UGF by                                                                    
charging a  minimum floor of  10 basis points.  Removing one                                                                    
of the  funds caused all  of the  costs to return  and would                                                                    
primarily rely  on UGF and  in future years the  costs would                                                                    
be  reallocated  to  all  of the  funds  that  the  treasury                                                                    
managed,  which was  also supported  by UGF.  She determined                                                                    
that  treasury  needed its  requested  funding  in order  to                                                                    
manage all  of its funds, even  if there was a  reduction of                                                                    
one or two  funds to manage. Co-Chair Edgmon  asked if there                                                                    
was a  scenario where  the fiscal note  could be  zeroed out                                                                    
and  the department  could request  supplemental funding  to                                                                    
recoup costs.  Ms. Leary  responded that she  did not  see a                                                                    
way to  zero out the  fiscal note unless she  started firing                                                                    
people.  She  thought the  treasury  was  doing a  good  and                                                                    
efficient job  with the  amount of  funding it  received and                                                                    
zeroing  out  the fiscal  note  would  harm its  ability  to                                                                    
manage the rest of the funds.                                                                                                   
                                                                                                                                
Co-Chair  Edgmon determined  that  he  supported the  fiscal                                                                    
note and the benefits that  could be derived from having the                                                                    
Alaska  Permanent Fund  Corporation  (APFC)  manage the  PCE                                                                    
portfolio. He also supported the bill.                                                                                          
2:06:09 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked if  Representative Galvin still wanted                                                                    
to offer an amendment.                                                                                                          
                                                                                                                                
Representative Galvin  responded that she  was contemplating                                                                    
offering the  amount of $978  thousand for the  fiscal note.                                                                    
However, she did  not want to slow the process  down and the                                                                    
amount  might   seem  insignificant   in  the   future.  She                                                                    
supported the fiscal note and the bill.                                                                                         
                                                                                                                                
2:07:08 PM                                                                                                                    
                                                                                                                                
Representative  Stapp   agreed  with  Co-Chair   Edgmon  and                                                                    
Representative  Galvin.   He  agreed   that  the   value  of                                                                    
incorporating the fund into the  Permanent Fund overrode the                                                                    
fiscal note concerns. He commented  that the APFC took up to                                                                    
25  basis points  to manage  a  fund versus  DORs  10  basis                                                                    
points.  He  wondered why  DOR  did  not take  higher  basis                                                                    
points off  to cover management costs  instead of requesting                                                                    
GF.  Ms. Leary  responded that  moving forward  the treasury                                                                    
was  taking  higher basis  points  in  total for  each  fund                                                                    
because there  was less money  in total that would  be under                                                                    
management.  Representative Stapp  commented that  the basis                                                                    
point number did  not matter to him. He asked  why she would                                                                    
increase basis points  and still need UGF at  the same time.                                                                    
He  wondered why  she would  not merely  increase the  basis                                                                    
points to the  amount necessary to administer  the funds and                                                                    
not  request UGF.  Ms. Leary  responded that  the divisions                                                                     
costs were fixed, and the  basis points calculation occurred                                                                    
after the  costs were determined. She  reiterated her answer                                                                    
that  by  removing  a  fund the  ten  basis  points  charged                                                                    
endowment  funds needed  to get  funded  through some  other                                                                    
fund  and the  remaining  funds would  have  a higher  basis                                                                    
point  calculation because  they  would be  paying more  for                                                                    
treasury  management  then  they  had  been.  Representative                                                                    
Stapp understood  that removing  $1 billion in  assets under                                                                    
management   meant   the   division  had   to   spread   its                                                                    
administrative  costs  to  other  funds due  to  less  basis                                                                    
points. He  repeated his question  regarding why  she needed                                                                    
to request increased basis points  and increased UGF. He did                                                                    
not understand and  hoped for a concise answer  for why both                                                                    
were needed  instead of just  one. Ms. Leary  responded that                                                                    
she was not  asking for additional basis points  or more UGF                                                                    
other  than  to fill  the  void  in  the budget  created  by                                                                    
removing the  management of PCE. Representative  Stapp asked                                                                    
why not take 13 basis points  off the other funds to make up                                                                    
the  loss of  assets under  management. He  asked if  it was                                                                    
possible. He reiterated  that he did not  understand why she                                                                    
needed  to increase  both UGF  and basis  points. Ms.  Leary                                                                    
answered  that it  was  because a  large  percentage of  the                                                                    
funds were  supported by  UGF. She  maintained that  most of                                                                    
the  funds were  UGF  funded therefore,  UGF  was needed  to                                                                    
manage a UGF funded fund.                                                                                                       
                                                                                                                                
2:12:18 PM                                                                                                                    
                                                                                                                                
Representative   Ortiz   agreed   with   Co-Chair   Edgmon's                                                                    
sentiments and supported the bill.  He asked how much of UGF                                                                    
went  to   supporting  the  treasury  annually.   Ms.  Leary                                                                    
responded that the  amount in FY 22 was  nearly $1.8 million                                                                    
of the total amount. She added  that for FY 2024, the amount                                                                    
decreased  to  $1  million, which  included  the  PCE  fund.                                                                    
Representative  Ortiz   was  confused  by  the   answer.  He                                                                    
understood  her  answer  as  all the  UGF  used  to  support                                                                    
treasury  was  the  amount  used to  manage  PCE.  He  asked                                                                    
whether all the  money was encapsulated in  the $1.8 million                                                                    
figure.  Ms.   Leary  replied  that  the   retirement  plans                                                                    
accounted for $8  million which was about 80  percent of the                                                                    
divisions  budget.  The remainder  was through  UGF totaling                                                                    
$1 million, PCE  totaling $1.2 million, and  the other funds                                                                    
accounted for around $1.5 million  from the Higher Education                                                                    
Fund, Airport Systems, and the Public Schools Trust fund.                                                                       
                                                                                                                                
2:14:39 PM                                                                                                                    
                                                                                                                                
Representative Galvin  pondered if  the fiscal note  were to                                                                    
be  maintained as  is in  the  out years,  whether the  cost                                                                    
allocation  plan  was  inclusive  of the  fiscal  note.  She                                                                    
thought  it might  act  as a  disincentive  to increase  the                                                                    
basis points. She asked why  basis points would be increased                                                                    
if the offset  funding was included in the  fiscal note. Ms.                                                                    
Leary replied  that the cost  allocation plan  allocated all                                                                    
treasurys  costs. The amount budgeted  was the limit of what                                                                    
the treasury  could spend  and as  funds grew  the divisions                                                                    
expenses grew  as well. She  asked Representative  Galvin to                                                                    
repeat   part   of   the  question   regarding   incentives.                                                                    
Representative  Galvin  asked  what  the  incentive  was  to                                                                    
increase  the  basis  points  so   that  UGF  would  not  be                                                                    
necessary. The  cost impact over  the loss of one  fund made                                                                    
sense for  the current  year. However,  she wondered  why it                                                                    
was  necessary in  the oncoming  years. If  the fiscal  note                                                                    
stayed  in place  for the  outyears, it  would make  it more                                                                    
difficult to  make changes that  needed to be made  to cover                                                                    
the costs.                                                                                                                      
                                                                                                                                
Co-Chair  Foster interjected  that  fiscal  notes were  only                                                                    
incorporated into  the budget for  the fiscal  years  budget                                                                    
they were written to. In  the current case, the amount would                                                                    
be  included  in  the  FY   2024  budget  during  conference                                                                    
committee. In  subsequent years, the departments  would come                                                                    
before  the   legislature  to  request  their   budgets.  He                                                                    
detailed  that  DOR would  still  need  to come  before  the                                                                    
legislature and ask for funds  for future years. The request                                                                    
could be revisited every year.                                                                                                  
                                                                                                                                
2:18:41 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster  thought that SB 98  was an example of  a so                                                                    
called   simple  bill  proving  that  they  were not  always                                                                    
simple.                                                                                                                         
                                                                                                                                
Co-Chair Edgmon moved to was  REPORTED out CSSB 98 (FIN) out                                                                    
of  committee   with  individual  recommendations   and  the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSSB 98  (FIN) was  REPORTED out of  committee with  ten "do                                                                    
pass" recommendations and one  amend recommendation and with                                                                    
three previously  published fiscal impact fiscal  notes: FN1                                                                    
(REV), FN2 (REV), and FN3 (REV).                                                                                                
                                                                                                                                
2:19:44 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:21:28 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 81 Sectional Analysis .pdf HFIN 5/4/2023 1:30:00 PM
STRA 3/21/2024 1:30:00 PM
HB 81
HB 81 Supporting Documents.pdf HFIN 5/4/2023 1:30:00 PM
HB 81
HB 81 Sponsor Statement.pdf HFIN 5/4/2023 1:30:00 PM
STRA 3/21/2024 1:30:00 PM
HB 81
SB25 Fund Backup Information - LFD Presentation extract 050423.pdf HFIN 5/4/2023 1:30:00 PM
SB 25
HB 125 Public Testimony Rec'd by 050423.pdf HFIN 5/4/2023 1:30:00 PM
HB 125