Legislature(2021 - 2022)ANCH LIO DENALI Rm

10/13/2021 10:00 AM House WAYS & MEANS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to a Call of the Chair --
-- To convene at approximately 10:25AM --
*+ HB4003 PERMANENT FUND DIVIDEND; 25/75 POMV SPLIT TELECONFERENCED
Heard & Held
*+ HB4008 PFD: 50/50 POMV SPLIT TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
*+ HB4009 PERMANENT FUND DIVIDEND; ROYALTIES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB4010 PERMANENT FUND DIVIDEND; POMV SPLIT TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
        HB4003-PERMANENT FUND DIVIDEND; 25/75 POMV SPLIT                                                                    
                                                                                                                                
10:29:19 AM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced that the  first order of business would                                                               
be HOUSE BILL NO. 4003, "An Act  relating to use of income of the                                                               
Alaska permanent  fund; relating to  the amount of  the permanent                                                               
fund  dividend; relating  to the  duties of  the commissioner  of                                                               
revenue; and providing for an effective date."                                                                                  
                                                                                                                                
10:29:39 AM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ  introduced HB  4003,  on  behalf of  the  House                                                               
Special Committee on  Ways and Means.  She  provided a PowerPoint                                                               
presentation, titled "HB 4003: Updated  Permanent Fund POMV Split                                                               
25%/75%" [hard copy included in  the committee packet].  On slide                                                               
2, she summarized the main  elements of the proposed fiscal plans                                                               
in front of the legislature.                                                                                                    
                                                                                                                                
10:30:46 AM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ  turned  to  slide  3,  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     HB 4003: Updates the Dividend Formula                                                                                      
                                                                                                                                
     Rewrite the dividend formula as follows:                                                                                   
                                                                                                                                
     The 5% Percent  of Market Draw from  the Permanent Fund                                                                    
     will be split as follows:                                                                                                  
     25% to dividends                                                                                                           
     75% all else                                                                                                               
                                                                                                                                
CHAIR SPOHNHOLZ continued  to slide 4, which  outlined the impact                                                               
that HB  4003 would  have on  the budget  and the  permanent fund                                                               
dividend (PFD).   She noted  that the proposed  legislation would                                                               
produce a  dividend of $1,248 in  FY 23, increasing to  $1,575 in                                                               
FY 28.   She advanced  to slide  5, which reviewed  the projected                                                               
deficits of  the various  split formulas.   She explained  the HB
4003  was designed  to reduce  cuts  and/or taxes  that would  be                                                               
required to balance the budget.                                                                                                 
                                                                                                                                
10:33:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE PRAX inquired about the  impact that HB 4003 would                                                               
have  on the  Alaska  Mental  Health Trust  Authority  fund.   He                                                               
requested a sectional analysis of the bill.                                                                                     
                                                                                                                                
10:34:03 AM                                                                                                                   
                                                                                                                                
MEGAN HOLLAND, Staff, Representative  Ivy Spohnholz, Alaska State                                                               
Legislature, on  behalf of Representative Spohnholz,  presented a                                                               
sectional  analysis  of  HB  4003   [included  in  the  committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     Section  1: Amends  AS  14.17.300  adding new  language                                                                    
     allowing  the foundation  formula for  public education                                                                    
     to be  funded through  a percentage  of the  POMV draw.                                                                    
     Clarifies that in  the case that the  percentage of the                                                                    
     POMV  is  not  sufficient, foundation  funding  may  be                                                                    
     provided by the general fund.                                                                                              
                                                                                                                                
     Section  2: Amends  AS 37.13.140,  clarifying that  the                                                                    
     amount available  for appropriation may not  exceed the                                                                    
     balance of  the earnings  reserve account.  Repeals the                                                                    
     old formula for calculating PFDs.                                                                                          
                                                                                                                                
     Section   3:   Amends    AS   37.13.145(b)   to   allow                                                                    
     appropriations  from the  earnings  reserve account  in                                                                    
     accordance  with AS  37.13.140(b), (the  POMV statute),                                                                    
     as  follows:   25%  to  the  dividend   fund  under  AS                                                                    
     43.23.045  and 75%  to  the general  fund.  Of the  75%                                                                    
     distributed to the  general fund, no less  than 50% may                                                                    
     go  to  the public  education  fund  for state  aid  to                                                                    
     school districts to satisfy the foundation formula.                                                                        
                                                                                                                                
     Section 4:  Amends AS 37.13.145(c)  to clarify  that an                                                                    
     appropriation  is  required  to  move  funds  from  the                                                                    
     earnings  reserve  account  to  the  principal  of  the                                                                    
     permanent fund for purposes of inflation proofing.                                                                         
                                                                                                                                
     Section 5:  Amends AS  37.13.145(d) to  stipulate funds                                                                    
     associated  with the  Amerada Hess  settlement are  not                                                                    
     included in  the calculation of  the percent  of market                                                                    
     value under AS 37.13.140(b).                                                                                               
                                                                                                                                
     Section 6:  Adds a new  subsection that states,  of the                                                                    
     75% distributed to  the general fund, no  less than 50%                                                                    
     may go  to the public  education fund for state  aid to                                                                    
     school  districts to  satisfy  the foundation  formula.                                                                    
     Additionally,  this  section   provides  that  if  this                                                                    
     percentage  of  the  POMV draw  does  not  satisfy  the                                                                    
     foundation formula,  the remaining funds may  come from                                                                    
     the general fund.  And, if it exceeds  the formula, the                                                                    
     excess may  be distributed according to  the foundation                                                                    
     formula.                                                                                                                   
                                                                                                                                
     Section  7:  Amends  AS 37.13.300(c)  to  specify  that                                                                    
     income  from  the  mental  health  trust  fund  is  not                                                                    
     included in  the calculation of  the percent  of market                                                                    
     value under AS 37.13.140(b).                                                                                               
                                                                                                                                
     Section  8:  Amends  AS  37.14.031(c)  to  require  the                                                                    
     Alaska  Permanent Fund  Corporation  calculate the  net                                                                    
     income of the mental health  trust fund annually on the                                                                    
     last day  of the fiscal year,  excluding any unrealized                                                                    
     gains or losses.                                                                                                           
                                                                                                                                
     Section  9:  Amends  AS 43.23.025(a)  to  clarify  that                                                                    
     funds  must  be  appropriated  to  the  dividend  fund,                                                                    
     rather than transferred as current statute provides.                                                                       
                                                                                                                                
     Section  10: Repeals  AS  37.13.145(e)  and (f).  These                                                                    
     sections   restricted   to  appropriations   from   the                                                                    
     earnings  reserve account  to the  general fund  to not                                                                    
     more  than  was  available for  appropriation.  Similar                                                                    
     language is now found in Section 2 of this bill.                                                                           
                                                                                                                                
       Section 11: Provides an effective date of July 1,                                                                        
     2022.                                                                                                                      
                                                                                                                                
CHAIR SPOHNHOLZ asked whether Representative  Prax had a question                                                               
about Section 5.                                                                                                                
                                                                                                                                
10:36:44 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE PRAX opined  that it wasn't necessary  to make any                                                               
changes to  the Alaska  Mental Health Trust  Authority fund.   He                                                               
asked why that was being proposed in the bill.                                                                                  
                                                                                                                                
CHAIR SPOHNHOLZ explained that  Alaska Permanent Fund Corporation                                                               
(APFC)  managed  the  Alaska   Mental  Health  Trust  Authority's                                                               
investments.  For  the purposes of the  proposed legislation, she                                                               
believed  that it  was  not necessary  to  include Alaska  Mental                                                               
Health Trust Authority funds in the dividend calculation.                                                                       
                                                                                                                                
10:38:02 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STORY  asked how  much money  would come  from the                                                               
education tax.                                                                                                                  
                                                                                                                                
CHAIR SPOHNHOLZ  returned to  slide 2 and  reported that  HB 189,                                                               
the employment  tax for education,  would produce $65  million in                                                               
FY 23  and FY 24 and  $66 million in the  subsequent three fiscal                                                               
years (FY 25 through FY 27).                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY sought  clarification on  the base  student                                                               
allocation (BSA) increase.                                                                                                      
                                                                                                                                
10:40:28 AM                                                                                                                   
                                                                                                                                
CONOR  BELL,   Fiscal  Analyst,  Legislative   Finance  Division,                                                               
offered to follow up on the requested information.                                                                              
                                                                                                                                
10:40:55 AM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced that HB 4003 was held over.                                                                           
                                                                                                                                

Document Name Date/Time Subjects
HB 4009 Sponsor Statement.pdf HW&M 10/13/2021 10:00:00 AM
HB4009
HB 4003.PDF HW&M 10/13/2021 10:00:00 AM
HB 4010.pdf HW&M 10/13/2021 10:00:00 AM
HB4010
HB 4003 Presentation.pdf HW&M 10/13/2021 10:00:00 AM
HB4003
HB 4009 Presentation.pdf HW&M 10/13/2021 10:00:00 AM
HB4009
HB 4009.pdf HW&M 10/13/2021 10:00:00 AM
HB4009
HB 4009 Fiscal Note, OMB.pdf HW&M 10/13/2021 10:00:00 AM
HB4009
HB 4010 Sponsor Statement.pdf HW&M 10/13/2021 10:00:00 AM
HB4010
HB 4010 Sectional Analysis.pdf HW&M 10/13/2021 10:00:00 AM
HB4010
HB 4010 Fiscal Note, OMB.pdf HW&M 10/13/2021 10:00:00 AM
HB4010
HB 4010 Presentation 10.13.21.pdf HW&M 10/13/2021 10:00:00 AM
HB4010