Legislature(2011 - 2012)BARNES 124

04/11/2011 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 58 MINING PROD. & LICENSE TAXES/ROYALTIES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SJR 2 LIMIT FEDERAL INTERVENTION IN STATE TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 58-MINING PROD. & LICENSE TAXES/ROYALTIES                                                                      
                                                                                                                                
1:14:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON announced that the  first order of business would                                                               
be HOUSE  BILL NO. 58,  "An Act  relating to mining  licenses, to                                                               
the mining license  tax, and to production  royalties on minerals                                                               
and rents for  property involved in mining; and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
1:15:12 PM                                                                                                                    
                                                                                                                                
KATIE KOESTER,  Staff, Representative  Paul Seaton,  Alaska State                                                               
Legislature, related that HB 58  would reform mining taxes in the                                                               
State of Alaska.  Mining  taxes have been substantially unchanged                                                               
since statehood, although some royalty  language was added during                                                               
the  1980s.   She offered  a section-by-section  analysis of  the                                                               
bill.   She referred  to a document  in members'  packets titled,                                                               
"HB 58  - Simplified Comparative  Sectional v. A"  which compares                                                               
the existing  statutes with  HB 58.   Additionally,  she referred                                                               
members to  a legal  services version dated  February 7,  2011 in                                                               
members' packets.                                                                                                               
                                                                                                                                
1:16:20 PM                                                                                                                    
                                                                                                                                
MS. KOESTER explained  that changes to Section 1  pertain to coal                                                               
royalties  and  updates  statute  to  reflect  regulation.    The                                                               
statutes that  authorized coal royalties were  created during the                                                               
territorial  legislature and  included a  provision that  allowed                                                               
the commissioner  to update  rates in  regulation.   This section                                                               
would formalize that process in statute.                                                                                        
                                                                                                                                
MS.  KOESTER related  that proposed  Section 2  was suggested  by                                                               
Kerwin Krause, Geologist,  Division of Mining, Land  and Water to                                                               
allow coal  lessees to pay  royalty-in-kind rather than  in cash.                                                               
This provision  would be applicable for  coal-fired power plants,                                                               
such as  the one located  at the University of  Alaska Fairbanks.                                                               
She characterized  this as a means  of cost savings and  would be                                                               
advantageous to the UAF.                                                                                                        
                                                                                                                                
1:17:31 PM                                                                                                                    
                                                                                                                                
MS. KOESTER  stated that Sections 3,  4, and 5 pertain  to mining                                                               
rentals  of a  holder of  a mining  claim, leasehold  location or                                                               
mining lease.  She explained  that these statutes were antiquated                                                               
but were updated  in regulation.  The sponsor's  intention is not                                                               
to  substantially  increase  rental  rates.   She  suggested  the                                                               
committee consider  whether to  place current  regulation(s) into                                                               
statute to  clarify or if  another approach would  be preferable.                                                               
She pointed  out the  sponsor's intent is  to clarify  and update                                                               
the current language.                                                                                                           
                                                                                                                                
CO-CHAIR SEATON explained  that the statutes that  pertain to the                                                               
coal  production royalty  regulations were  based on  territorial                                                               
and not state statutes.                                                                                                         
                                                                                                                                
MS. KOESTER  further clarified that  the coal  production royalty                                                               
statutes are  based on territorial  statutes.  She was  unsure of                                                               
whether mining rentals were also based on territorial statutes.                                                                 
                                                                                                                                
1:19:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER   related  her  understanding   that  the                                                               
regulations  have already  been updated  and statute  changes are                                                               
conforming statutes so the changes will be seamless to industry.                                                                
                                                                                                                                
MS. KOESTER agreed that is her understanding.                                                                                   
                                                                                                                                
CO-CHAIR SEATON  clarified that  relying on  territorial statutes                                                               
to authorize regulations makes it  nebulous as to where the state                                                               
is  at  with  respect  to   coal  production  royalties  but  the                                                               
Department  of  Law could  provide  guidance  on how  this  would                                                               
affect industry.                                                                                                                
                                                                                                                                
1:20:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  asked whether the  coal royalties are set  at the                                                               
time that the mineral lease is  granted or when the mine actually                                                               
begins production.                                                                                                              
                                                                                                                                
MS. KOESTER  asked whether  he was referring  to coal  or mineral                                                               
production royalty.                                                                                                             
                                                                                                                                
CO-CHAIR FEIGE answered coal production royalty.                                                                                
                                                                                                                                
MS. KOESTER  offered her belief that  it would begin on  the date                                                               
production begins.   She  deferred to  the Department  of Natural                                                               
Resources for more information.                                                                                                 
                                                                                                                                
1:21:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  inquired as to  whether this would refer  to coal                                                               
production royalty established at the  time of the lease or first                                                               
coal.                                                                                                                           
                                                                                                                                
1:21:57 PM                                                                                                                    
                                                                                                                                
WYN  MENEFEE,  Acting  Director,  Division of  Mining,  Land  and                                                               
Water,   Department  of   Natural  Resources   (DRN),  introduced                                                               
himself.   He  then asked  Mr. Kerwin  Krause to  respond to  the                                                               
question.                                                                                                                       
                                                                                                                                
1:22:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE restated his question.   He asked whether the coal                                                               
production royalty amount  is determined at the  time the mineral                                                               
lease is granted or at a later date.                                                                                            
                                                                                                                                
1:22:31 PM                                                                                                                    
                                                                                                                                
KERWIN  KRAUSE, Geologist,  Central Office,  Division of  Mining,                                                               
Land and  Water, Department of Natural  Resources (DNR), answered                                                               
that  is  determined  by  regulation.    He  explained  the  coal                                                               
production royalty amount  spans a 20-year term.   Thus, every 20                                                               
years the royalty amount would be subject to change.                                                                            
                                                                                                                                
1:22:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE asked whether the  mining royalties are handled in                                                               
the same manner as other production royalties.                                                                                  
                                                                                                                                
MR. KRAUSE  answered no, noting  that locatable minerals  are not                                                               
subject  to change  and  are  currently set  at  3  percent.   He                                                               
offered  that  coal production  royalty  is  currently set  at  5                                                               
percent of adjusted gross value.                                                                                                
                                                                                                                                
1:23:19 PM                                                                                                                    
                                                                                                                                
MS. KOESTER related  that Section 6 establishes  a new production                                                               
royalty calculation.   Currently, production royalty  for mineral                                                               
mines on  state land  is set  at 3  percent of  net income.   The                                                               
proposed change would set the  production royalty at 3 percent of                                                               
net smelter  return.  She  explained that  would be 3  percent of                                                               
the gross value  of the mineral at the point  of production.  She                                                               
characterized this change as significant  since it would base the                                                               
royalty on the  actual value of the mineral versus  the income of                                                               
the mine.                                                                                                                       
                                                                                                                                
MS.  KOESTER  stated that  Section  7  would define  net  smelter                                                               
return to  mean the value  that the mining company  receives from                                                               
the sale of ore after it has  been smelted or refined.  The value                                                               
would be based on the current  price of the mineral less the cost                                                               
of processing  and transporting it  between the refinery  and the                                                               
mine.  This  proposed section would also allow  the department to                                                               
determine the calculation method in regulation.                                                                                 
                                                                                                                                
1:24:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  explained  that  the  net  smelter  return  for                                                               
current production royalty is set at  3 percent of net profit.  A                                                               
company that  is inefficient or  has substantially  high expenses                                                               
may not  pay a royalty.   It could take years  before the company                                                               
shows  a  net  profit  since all  mining  expenses  are  deducted                                                               
immediately.   In those instances  the state may not  collect any                                                               
production royalty for many years.   The net smelter return (NSR)                                                               
would be  based on a  value of the minerals  after transportation                                                               
costs   are  subtracted,   but   this  provision   makes  a   big                                                               
distinction, he said.                                                                                                           
                                                                                                                                
1:26:35 PM                                                                                                                    
                                                                                                                                
MS. KOESTER  pointed out that  landowners use net  smelter return                                                               
(NSR) to calculate  production royalty.  She  recalled the Mental                                                               
Health Trust  and other places in  the Lower 48 also  use the NSR                                                               
method.                                                                                                                         
                                                                                                                                
CO-CHAIR  SEATON in  the past  there has  not been  a problem  or                                                               
issue with  production royalties since  it only applies  to state                                                               
land  and almost  all  mines in  Alaska are  on  Native lands  or                                                               
Mental Health Trust lands and  both use a NSR production royalty.                                                               
He  was  unsure  why  production  royalty  should  be  calculated                                                               
differently when the mine is on  state lands.  The general amount                                                               
for NSR returns has been between 3.5-5.5 percent, he said.                                                                      
                                                                                                                                
MS. KOESTER referred  to proposed Section 8,  which defines gross                                                               
value  at the  point  of  production.   This  is important  since                                                               
production royalty is determined on the value of the minerals.                                                                  
                                                                                                                                
The committee took an at-ease from 1:28 p.m. to 1:29 p.m.                                                                       
                                                                                                                                
1:29:22 PM                                                                                                                    
                                                                                                                                
MS.  KOESTER  elaborated on  the  gross  value  at the  point  of                                                               
production.   She explained  that this as  an important  value to                                                               
determine because  the production  royalty will  be based  on the                                                               
mineral value  at the mine head,  but that value is  adjusted for                                                               
value added costs.   Thus, the mineral value  would be determined                                                               
by looking  at where the  mineral is sold and  the transportation                                                               
to that  location.  The gross  value may also be  rejected by the                                                               
DNR if the department believes the  value given by the company is                                                               
inaccurate  or  that  the  transportation  cost  is  not  a  true                                                               
reflection.  This provision helps  ensure that the state receives                                                               
an accurate valuation.                                                                                                          
                                                                                                                                
CO-CHAIR SEATON related a scenario  to illustrate this in which a                                                               
company may have  a partner who is a transportation  partner or a                                                               
smelter.   The transportation  costs or  smelting costs  could be                                                               
rejected by the  department if they did not seem  reasonable to a                                                               
third party.                                                                                                                    
                                                                                                                                
1:31:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether it would  be challenging to                                                               
the state to research whether a  trucking company was part of the                                                               
mining company.                                                                                                                 
                                                                                                                                
CO-CHAIR SEATON  related these provisions  are standard  to avoid                                                               
profits from being shifted from one  company to another.  He said                                                               
if the  charges are  reasonable that  he presumed  the department                                                               
would accept  them.  He  characterized the process as  similar to                                                               
the Trans-Alaska Pipeline System (TAPS)  process.  He related his                                                               
understanding that  the department does  not have to  analyze all                                                               
costs, but the language would  give the department the ability to                                                               
challenge unreasonable costs.                                                                                                   
                                                                                                                                
REPRESENTATIVE  GARDNER pointed  out  that a  number of  lawsuits                                                               
have  been filed  against the  TAPS just  for that  reason.   She                                                               
looked forward to the department's viewpoint.                                                                                   
                                                                                                                                
1:33:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  asked how  the department  could verify  how much                                                               
gold a placer mine removes from the gravel.                                                                                     
                                                                                                                                
MS.  KOESTER  responded  that   the  department  would  establish                                                               
regulations.  She offered that it  would depend on the market and                                                               
surmised some self-reporting would occur.                                                                                       
                                                                                                                                
1:34:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  asked  whether the  department  depends  on  the                                                               
placer miner to accurately report the minerals extracted.                                                                       
                                                                                                                                
MS.  KOESTER agreed,  that is  her understanding,  just like  the                                                               
state depends on  a large mine to accurately  report the minerals                                                               
it is extracting from the ground.                                                                                               
                                                                                                                                
1:34:34 PM                                                                                                                    
                                                                                                                                
MS. KOESTER referred to Section  9, which would require miners to                                                               
apply  for  a  mining  license  and  adhere  to  any  regulations                                                               
pertaining to mines.                                                                                                            
                                                                                                                                
MS.  KOESTER said  that  Section  10 relates  to  the mining  tax                                                               
deferral.    Currently,  mining  companies,  excluding  sand  and                                                               
gravel companies, have an exemption  for the first three and one-                                                               
half  years.   This  would  change the  exemption  to  a 10  year                                                               
deferral, and would require the deferred  tax to be paid over the                                                               
next 10  years without interest.   She explained that  Section 11                                                               
simplifies conforms the language to language in Section 10.                                                                     
                                                                                                                                
1:35:32 PM                                                                                                                    
                                                                                                                                
MS.  KOESTER referred  to Section  12, which  would increase  the                                                               
mining license tax rates and  would add an additional tax bracket                                                               
applicable to  net income  over $1,000,000.   She  explained that                                                               
the tax  rates have  not substantially changed  since 1955.   The                                                               
updates  reflect   today's  dollar   values  and   exempt  mining                                                               
companies with net income under  $100,000.  It would increase the                                                               
tax  rate  by  two  percentage  points.    She  referred  to  the                                                               
italicized table  titled "current mining tax  rates."  Currently,                                                               
mining  companies  whose  net  income  falls  under  $40,000  are                                                               
exempt.  Additionally,  current mining license tax  rates top out                                                               
at $100,000 and 7 percent.   The proposed mining license tax rate                                                               
would top  out at  $1,000,000.   The also  referred to  charts in                                                               
members' packets that would explain  the revenue effects of those                                                               
changes.                                                                                                                        
                                                                                                                                
1:37:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  pointed out  that miners  have an  exemption for                                                               
the first $100,000,  but this provision would also  provide for 5                                                               
percent up to $250,000 whereas  the current mining license tax is                                                               
an additional 5  percent up to $100,000.  Thus,  the change would                                                               
allow miners  to more  than double  net income  at the  5 percent                                                               
rate.   The 7 percent  rate would be  assessed up to  $500,000 in                                                               
net  income.   Therefore, as  the mining  operation becomes  more                                                               
profitable the  mining license  tax rate  increases.   He pointed                                                               
out that currently  miners whose net income is  $40,000 would pay                                                               
3 percent  on the  entire amount.   He  referred to  the proposed                                                               
increase, noting the  first $100,000 is not  taxed, from $100,001                                                               
to $250,000  is taxed at  5 percent,  and from $250,001  up would                                                               
pay the base tax plus the percentage.                                                                                           
                                                                                                                                
1:39:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether mining  license taxes  are                                                               
paid on all land or just on state land.                                                                                         
                                                                                                                                
CO-CHAIR SEATON answered that the  mining license tax is assessed                                                               
on all mining in the state, regardless of land ownership.                                                                       
                                                                                                                                
1:39:43 PM                                                                                                                    
                                                                                                                                
MS. KOESTER referred to Section  13, which outlines the procedure                                                               
for taxing  multiple mines  and updates  the language  to conform                                                               
the current drafting style.                                                                                                     
                                                                                                                                
1:40:04 PM                                                                                                                    
                                                                                                                                
MS.  KOESTER characterized  Section 14  as the  third substantive                                                               
part  of the  bill.   This  would delete  the existing  depletion                                                               
statutes and allow  for only cost depletion.   Currently a mining                                                               
company can  choose between percent depletion  and cost depletion                                                               
in terms of deductions to the  mining license tax.  She explained                                                               
that percent depletion,  based on a formula in  statute, has been                                                               
more  advantageous with  respect to  taxes.   Taxes are  based on                                                               
income so incentives exist for  mining companies to reflect their                                                               
net income  as low as possible.   She reiterated that  Section 14                                                               
would  only allow  for  cost depletion,  or  the amount  actually                                                               
spent on depletion.                                                                                                             
                                                                                                                                
CO-CHAIR SEATON added  that cost depletion means  writing off all                                                               
expenses.  He offered his belief  that cost depletion is not used                                                               
anywhere else in the world.                                                                                                     
                                                                                                                                
1:41:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON asked  for the  definition of  an arm's                                                               
length transaction.                                                                                                             
                                                                                                                                
CO-CHAIR SEATON characterized an  arm's length transaction as one                                                               
that  prevents accounting  from  the "right  pocket  to the  left                                                               
pocket."  He  related his theory that if something  is allowed in                                                               
the  tax code  that a  company should  not be  "brow beaten"  for                                                               
using the tax  break.  This provision assures  that cost shifting                                                               
to avoid taxes won't occur.                                                                                                     
                                                                                                                                
1:44:02 PM                                                                                                                    
                                                                                                                                
MS.  KOESTER  related that  Sections  15-23  relate primarily  to                                                               
definitions.   She  highlighted Section  17, which  disallows the                                                               
deduction  of  state  corporate  income  taxes  from  the  mining                                                               
license  taxes.    Current statutes  allow  mining  companies  to                                                               
deduct  their  state corporate  income  tax.   Section  20  would                                                               
define the date when production  begins.  Section 21 would repeal                                                               
a  number  of sections  that  are  no  longer needed  because  of                                                               
changes  made in  the bill.   It  repeals references  to rentals,                                                               
renewing licenses, and  the date when production  begins as these                                                               
are covered in other sections of the bill.                                                                                      
                                                                                                                                
MS.  KOESTER related  that Section  22  applies the  bill to  all                                                               
leases  negotiated  after  December   31,  2011  and  Section  23                                                               
provides the effective date of January 1, 2012.                                                                                 
                                                                                                                                
1:45:43 PM                                                                                                                    
                                                                                                                                
MS. KOESTER  reviewed other  items that she  mentioned may  be of                                                               
interest to members.   She referred to a tab  in members' packets                                                               
labeled,  "Fraser  Index and  Polls."    She explained  that  the                                                               
Fraser Institute  surveys professionals  and executives to  get a                                                               
sense of  industry.  She  pulled excerpts  from the 2009  to 2010                                                               
Institute Survey of Mining Companies.   She related that Figure 3                                                               
of the report on page  18 considers mineral potential assuming no                                                               
land uses in place and  assuming industry "best practices" places                                                               
Alaska second after the Democratic  Republic of Congo (DRC).  She                                                               
referred to  page 30  to Figure 8:  Taxation regime,  which lists                                                               
Alaska 19th  of 72 countries.   She turned to page  50, to Figure                                                               
18:   Composite  policy  and mineral  potential  ranks Alaska  as                                                               
ranked fifth.   She referred to page 54 and  to Table 11, titled,                                                               
"How  do you  rate  the importance  of  mineral potential  versus                                                               
policy  factors?"     She   highlighted  that   Alaska's  mineral                                                               
potential is  rated at  60.35 percent and  its policy  factors at                                                               
39.5 percent.   She surmised  that mining companies will  look to                                                               
the mineral potential first.   She offered that Alaska definitely                                                               
has mineral potential.                                                                                                          
                                                                                                                                
1:48:15 PM                                                                                                                    
                                                                                                                                
MS. KOESTER  pointed out results  of several surveys  in members'                                                               
packets.  The Hellenthal and  Associates statewide public opinion                                                               
research survey taken between February  12 and February 20, 2007,                                                               
asked the Alaskan public questions  on resource development.  She                                                               
referred to  "Question ten on page  v" which asked if  the public                                                               
would support  or oppose a  ballot initiative requiring  mines to                                                               
pay  a percentage  of  their  gross profit  to  the  state.   The                                                               
results  showed  that  those who  strongly  favored  or  somewhat                                                               
favored a 10  percent tax is 70  percent.  While HB  58 would not                                                               
impose a 10 percent tax increase  on gross profit, the survey has                                                               
helped provide a sense of the  public's view.  A follow-up survey                                                               
taken between March  5 and March 18, 2007  asked Alaskans whether                                                               
they  would  favor  or  oppose increasing  taxes  on  the  mining                                                               
industry and  51.3 percent of  those surveyed  favored increasing                                                               
mining taxes  [question 23].   She reiterated the  surveys simply                                                               
provide a "snapshot" of public opinion given at a point in time.                                                                
                                                                                                                                
MS. KOESTER  referred to  the next  tab, to  an October  17, 2007                                                               
memo  from the  State Assessor's  office that  compares what  the                                                               
State of  Alaska is  doing compared  to other  jurisdictions with                                                               
respect  to mining  taxation and  recommends changes.   The  memo                                                               
references  House Bill  156, which  was pending  during the  25th                                                               
Legislature.  She indicated that  HB 58 proposes the same changes                                                               
as the  prior bill.   She offered  that the suggested  changes in                                                               
the  bill came  out of  a number  of productive  meetings in  the                                                               
House Ways & Means Committee.                                                                                                   
                                                                                                                                
1:50:14 PM                                                                                                                    
                                                                                                                                
MS. KOESTER pointed out the  next tab contains charts prepared by                                                               
Johanna Bales  of the  Department of Revenue  (DOR).   The graphs                                                               
illustrated what the  revenue would have been had  the state been                                                               
operating under  the changes  proposed in HB  58 during  the past                                                               
five years.   She clarified that  the graphs only pertain  to the                                                               
mining license revenues and not royalties.                                                                                      
                                                                                                                                
MS.  KOESTER  referred  to  a   Legislative  Research  Report  in                                                               
members'  packets dated  February 3,  2011.   She  said the  real                                                               
"meat" of  the report is  on page 3.   She offered  the sponsor's                                                               
intent is  to ensure that  Alaskans are receiving fair  value for                                                               
its  non-renewable resources.    She explained  Table 1:  Mineral                                                               
Extraction  in Alaska:   Government  Revenue as  a Percentage  of                                                               
Resource Value,  2001-2009, takes the  value of the  resource and                                                               
assesses  the  percentage  of  state  revenue  derived  from  the                                                               
overall  resource.   Thus, it  extrapolates a  percentage of  the                                                               
value  the state  has received  for  the value  of the  resource.                                                               
This table  indicates that  the revenue  has been  ranged between                                                               
less than 2 percent 7 percent  between 2001 and 2009.  The policy                                                               
call  the  legislature  should  consider  is  whether  the  state                                                               
receives   adequate   compensation   for  its   resources   being                                                               
extracted.                                                                                                                      
                                                                                                                                
1:52:31 PM                                                                                                                    
                                                                                                                                
MS.  KOESTER  referred  to  a   letter  from  the  Alaska  Miners                                                               
Association,  Inc. and  related  that  additional public  comment                                                               
would be placed under the tab as it is received.                                                                                
                                                                                                                                
CO-CHAIR SEATON  referred to the  chart on  Table 1.   He related                                                               
his  understanding  that  the  government  revenue  includes  all                                                               
municipal and state taxes and fees, including royalties.                                                                        
                                                                                                                                
MS. KOESTER concurred.                                                                                                          
                                                                                                                                
1:53:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  referred  to  the DNR  graphs,  and  the                                                               
colors depicted for 2007, which  she said were different than the                                                               
other graphs.   She inquired  as to whether that  was inadvertent                                                               
or significant.                                                                                                                 
                                                                                                                                
JOHANNA BALES,  Deputy Director, Tax Division,  Anchorage Office,                                                               
Department of Revenue  (DOR), answered that it  was a combination                                                               
of the two.   She explained that the division  updated the charts                                                               
from prior years, and during  the 25th legislature, the chart was                                                               
depicted differently  since in 2007 it  represented a significant                                                               
increase in the  amount of revenue over historical  numbers.  She                                                               
further  explained while  prices  later fluctuated  in 2007  that                                                               
mineral prices had increased significantly.                                                                                     
                                                                                                                                
1:55:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  understood  the  color  difference  were                                                               
intentional.   She further understood  the graphs pertain  to the                                                               
same relevant information and considered the same.                                                                              
                                                                                                                                
MS. BALES agreed.                                                                                                               
                                                                                                                                
1:55:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  referred to  the  first  chart titled,  "Mining                                                               
License Tax Revenues - Effect of  Cost Depletion Only."  He asked                                                               
whether  the  DOR  could  provide the  number  or  percentage  of                                                               
taxpayers  that did  not use  cost depletion,  but used  resource                                                               
depletion in those years.                                                                                                       
                                                                                                                                
MS. BALES responded that most  taxpayers use percentage depletion                                                               
because there comes a point in  the mine's life in which the cost                                                               
depletion  has  been  completely  utilized so  what  is  left  is                                                               
percentage depletion.                                                                                                           
                                                                                                                                
1:57:03 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  clarified  that  the differences  seen  on  the                                                               
graphs from FY 2006 to FY  2011 are probably not due to companies                                                               
switching from cost  depletion to revenue depletion.   He related                                                               
his  understanding  most  of  the   mines  would  write  off  the                                                               
percentage  of the  resource that  has been  extracted and  would                                                               
lower their tax  rates due to that factor instead  of writing off                                                               
the costs.                                                                                                                      
                                                                                                                                
MS. BALES  agreed.  She  said that cost depletion  basically goes                                                               
away once  the actual  costs are depleted  and this  happens very                                                               
quickly in states with "percentage depletion" in their statutes.                                                                
                                                                                                                                
1:57:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   asked  for  an  explanation   of  how  percent                                                               
depletion works.                                                                                                                
                                                                                                                                
1:58:07 PM                                                                                                                    
                                                                                                                                
MS.  BALES asked  to first  explain cost  depletion to  provide a                                                               
proper focus.   She related that  when a company develops  a mine                                                               
certain costs  expended are capitalized.   These costs  would not                                                               
be  taken as  a  current  year expense.    Those  costs that  are                                                               
capitalized to  develop the mine  then become the cost  basis for                                                               
depletion.   Under  cost  depletion, which  would  be similar  to                                                               
depreciation,  a  company  would  be  allowed  to  depreciate  or                                                               
deplete  those costs  until  all  of the  costs  the company  has                                                               
incurred have been expended.   She further stated that percentage                                                               
depletion would not  be based on any costs incurred  in the mine.                                                               
Instead, cost depletion represents  a statutory percentage of the                                                               
gross  income  a  company  reports   each  year  allowable  as  a                                                               
depletion  expense.   So even  though a  company would  no longer                                                               
have any costs  that it has not already depleted,  it would still                                                               
allowed  to  take a  deduction.    That would  define  percentage                                                               
depletion,  which is  not  based on  any costs,  she  said.   She                                                               
characterized percentage depletion as basically a subsidy.                                                                      
                                                                                                                                
1:59:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON inquired  as to whether the subsidy  equates to a                                                               
straight line.   He related  a scenario in  which a mine  has $50                                                               
million and  after extraction of  $25 million, the  company would                                                               
pay half, which would not be available to them for future.                                                                      
                                                                                                                                
MS.  BALES responded  that the  scenario described  is more  cost                                                               
depletion which  is based  on the  amount of  minerals extracted.                                                               
She explained that percentage depletion  is based entirely on the                                                               
annual gross  income from  the sale  of the  product.   A company                                                               
does not  typically take  into account how  much of  the resource                                                               
remains.                                                                                                                        
                                                                                                                                
2:00:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON asked  whether that  was fixed  or changes  over                                                               
time.                                                                                                                           
                                                                                                                                
MS. BALES answered  that the cost depletion is  fixed in statute.                                                               
In  further response  to Chair  Seaton, she  answered that  it is                                                               
fixed in statute for the life of the mine.                                                                                      
                                                                                                                                
2:01:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  asked for clarification, whether  the larger the                                                               
mine the  larger the percentage that  could be written off  or if                                                               
it is a single percentage.                                                                                                      
                                                                                                                                
MS. BALES answered that it would  be a single percentage based on                                                               
the type  of mineral being extracted  but it does not  pertain to                                                               
the  size of  the mine.    She recalled  the  rate was  10 or  15                                                               
percent  on  gold  extraction.   She  offered  to  provide  those                                                               
figures to the committee.                                                                                                       
                                                                                                                                
2:02:04 PM                                                                                                                    
                                                                                                                                
MS. KOESTER  highlighted the amount.   She stated that  under the                                                               
mining license  tax, Alaska Statutes (AS)  43.65.010 (c) outlines                                                               
the percent  depletion for metal  mines, which is  primarily what                                                               
HB 58 addresses.  This  statute lists the allowance for depletion                                                               
at 15 percent for metal mines.   She stated that AS 43.65.010 (f)                                                               
reads, "The allowance for depletion  may not exceed 50 percent of                                                               
the net income of the taxpayer..."   She added that the allowance                                                               
for depletion for coal is 10 percent and sulfur is 23 percent.                                                                  
                                                                                                                                
2:02:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON related his understanding  that the allowance for                                                               
depletion for metal mines is 15  percent, but it could not exceed                                                               
50 percent of the net income.                                                                                                   
                                                                                                                                
MS. KOESTER agreed.                                                                                                             
                                                                                                                                
2:02:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  recapped that Alaska's mining  license tax                                                               
is based  on an allowable  write-off of up  to 50 percent  of the                                                               
net income.                                                                                                                     
                                                                                                                                
MS. BALES  agreed that is basically  correct.  She said  that the                                                               
percentage depletion for  a gold mine would be 15  percent of the                                                               
gross income, but it cannot exceed  50 percent of the net income.                                                               
Thus,  after the  mine  takes  off the  expenses  from the  gross                                                               
income,  that 50  percent  of  the mine's  net  income cannot  be                                                               
reduced.                                                                                                                        
                                                                                                                                
2:03:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  referred  to  the  tab,  "Legislative                                                               
Research  Reports",  to  page  3   of  the  Legislative  Research                                                               
Services  memo of  February  3, 2011,  to "Table  1."   She  also                                                               
directed members  to the tab,  "State Assessor Report" to  page 8                                                               
of  the memo  dated  October  17, 2007  titled  "Mining Tax  Laws                                                               
Across the United States."                                                                                                      
                                                                                                                                
CO-CHAIR SEATON referred members to the tabs mentioned.                                                                         
                                                                                                                                
2:05:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  said in reviewing Table 1,  it seems as                                                               
if  those percentages  are  very low,  but page  8  of the  state                                                               
assessor's  report  lists  Alaska's  income rates  as  between  1                                                               
percent  and 9.4  percent.   Additionally,  she  noted that  most                                                               
states do not have royalties but  Alaska does.  She asked whether                                                               
including  royalties  would  make   Alaska's  overall  tax  rates                                                               
higher.  She further asked for the royalties for mining.                                                                        
                                                                                                                                
CO-CHAIR SEATON  answered that the state's  current royalties are                                                               
3 percent  of the net  income.  He referred  to page 3,  Table 1,                                                               
and  indicated  the  right  column  lists  the  total  government                                                               
percentage of revenue, which includes  state and municipal taxes,                                                               
fees, royalties collected from the mining industry.                                                                             
                                                                                                                                
REPRESENTATIVE MUNOZ offered her belief  that the figure does not                                                               
include corporate taxes.                                                                                                        
                                                                                                                                
2:07:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  referred to  the "Legislative  Research Reports"                                                               
tab,  to page  3 of  the  Legislative Research  Services memo  of                                                               
February 3, 2011.                                                                                                               
                                                                                                                                
MS. BALES said she does not have the report in front of her.                                                                    
                                                                                                                                
2:08:03 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  related his  understanding  that  Alaska has  a                                                               
corporate net  tax rate which  is deductible from the  net mining                                                               
license  tax.   He agreed  that is  a question  that needs  to be                                                               
answered.                                                                                                                       
                                                                                                                                
MS. BALES offered  to pull the documents from BASIS  and get back                                                               
to the committee.                                                                                                               
                                                                                                                                
2:09:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  reiterated that  she is  interested in                                                               
how Alaska compares overall to other states and countries.                                                                      
                                                                                                                                
CO-CHAIR SEATON understood  and agreed that question  needs to be                                                               
answered.                                                                                                                       
                                                                                                                                
MS.  KOESTER referred  to notes  on  page 3,  to Table  1 of  the                                                               
Legislative  Research Report.    She read:    "The Department  of                                                               
Revenue  cautions  that  because  corporate  income  tax  revenue                                                               
reflects parent  corporation activity, the data  provided may not                                                               
accurately  reflect mining  activities  in Alaska."   She  agreed                                                               
clarity is needed.                                                                                                              
                                                                                                                                
2:10:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  related his  understanding  that  Table 1  does                                                               
include  corporate taxes  but he  was unsure  that the  corporate                                                               
taxes  are   exclusive  since  the   figure  may   include  other                                                               
deductions.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  P.   WILSON  thought   it  also   indicated  that                                                               
corporate income and mining license  taxes were reported, but not                                                               
until the next year.                                                                                                            
                                                                                                                                
CO-CHAIR  SEATON agreed.   He  thought it  clarified that  as the                                                               
succeeding  fiscal year  since it  differentiates between  fiscal                                                               
years and  calendar years.  He  said he thought it  meant that in                                                               
2005, some  carryover from  previous or  post year  would happen,                                                               
but would not be counted twice.                                                                                                 
                                                                                                                                
2:11:30 PM                                                                                                                    
                                                                                                                                
MS. BALES  clarified that the  question is whether  the corporate                                                               
tax  is included  in those  numbers.   She answered  that she  is                                                               
fairly certain  it does  include the corporate  income tax.   She                                                               
affirmed the percentage does include the corporate income tax.                                                                  
                                                                                                                                
CO-CHAIR  SEATON  asked  for  further  clarification  that  these                                                               
figures  represent   a  combination  of  all   government  "take"                                                               
including municipal and state taxes, licenses, and fees.                                                                        
                                                                                                                                
MS. BALES responded that is her understanding of this report.                                                                   
                                                                                                                                
2:12:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  asked   whether  Ms.  Bales  has  any                                                               
information  that  would  compare  Alaska  to  other  states  and                                                               
countries.                                                                                                                      
                                                                                                                                
MS. BALES  offered her  belief that  the Fraser  Institute Report                                                               
identifies how Alaska compares to other states and countries.                                                                   
                                                                                                                                
2:13:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON referred to  the Fraser Report to figure                                                               
3 on page 18.  She related that the graph does not list numbers.                                                                
                                                                                                                                
CO-CHAIR SEATON pointed  out the tax regime  is listed separately                                                               
and   only  compares   taxes,  but   does  not   include  mineral                                                               
extraction.                                                                                                                     
                                                                                                                                
MS. KOESTER added that comparing  Alaska's taxes with other areas                                                               
gets very  difficult becomes some jurisdictions  have a severance                                                               
taxes, while some jurisdictions have  property taxes and what can                                                               
be  deducted  can very  much  change.    She indicated  that  the                                                               
discussion illustrates this.   She offered to work  to provide an                                                               
accurate picture for the committee.                                                                                             
                                                                                                                                
2:14:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON added that the  taxes highlight one thing, but if                                                               
companies can write off 50 percent  of the taxes, as Alaska does,                                                               
that it looks another way but  the total picture isn't visible in                                                               
the overall comparison.                                                                                                         
                                                                                                                                
MR.  MENEFEE   related  that   he  did   not  have   any  further                                                               
clarification to the questions asked.                                                                                           
                                                                                                                                
CO-CHAIR  SEATON  recalled that  the  regulations  relied on  the                                                               
territorial statutes.   He  inquired as  to whether  the division                                                               
could comment  on the  relevance since  it is  now 50  years past                                                               
statehood.                                                                                                                      
                                                                                                                                
MR. MENEFEE  answered that  he does not  have any  statement from                                                               
the Department of Law on the relevance.                                                                                         
                                                                                                                                
CO-CHAIR   SEATON  requested   that  he   research  and   provide                                                               
information to the committee.                                                                                                   
                                                                                                                                
MR. MENEFEE agreed to do so.                                                                                                    
                                                                                                                                
2:17:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  noted that  it has  been a  long time  since the                                                               
state has looked at the  mining taxes since statehood and whether                                                               
the tax  code and royalties  are sufficiently robust to  meet the                                                               
constitutional obligation to Alaska's citizens.                                                                                 
                                                                                                                                
[HB 58 was held over.]                                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
SJR002B.pdf HRES 4/11/2011 1:00:00 PM
SJR 2
01.HB0058A.pdf HRES 4/11/2011 1:00:00 PM
HB 58
02.HB 58 sponsor statment.pdf HRES 4/11/2011 1:00:00 PM
HB 58
04.Simple Comparative Sectional HB58.pdf HRES 4/11/2011 1:00:00 PM
HB 58
05.Legislative Legal Sectional Analysis.pdf HRES 4/11/2011 1:00:00 PM
HB 58
06.Excerpts from Fraser 2009 2010 report.pdf HRES 4/11/2011 1:00:00 PM
HB 58
07.Legislative Research Report 11.112.pdf HRES 4/11/2011 1:00:00 PM
HB 58
08-Hellenthal polls from 2007.pdf HRES 4/11/2011 1:00:00 PM
HB 58
09-MINING REPORT-1 from stassesor.pdf HRES 4/11/2011 1:00:00 PM
HB 58
2 - SJR 2 Sponsor Statement.docx HRES 4/11/2011 1:00:00 PM
SJR 2
SJR002-1-2-032811-RES-N.pdf HRES 4/11/2011 1:00:00 PM
SJR 2
PR - Dyson SJR 2 passes Senate.pdf HRES 4/11/2011 1:00:00 PM
SJR 2