Legislature(2021 - 2022)ANCH LIO DENALI Rm

10/22/2021 10:00 AM House WAYS & MEANS

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Audio Topic
10:04:08 AM Start
10:06:00 AM HB4008
10:34:04 AM Presentation: Permanent Fund Formula Changes; Percent of Market Value
11:31:03 AM HB4010
11:54:41 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
*+ HB4008 PFD: 50/50 POMV SPLIT TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
Presentation: Permanent Fund Formula Changes;
Percent of Market Value by:
Alexei Painter, Dir., Div. of Leg. Finance
+= HB4010 PERMANENT FUND DIVIDEND; POMV SPLIT TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                 HB 4008-PFD: 50/50 POMV SPLIT                                                                              
                                                                                                                                
10:06:00 AM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced that the  first order of business would                                                               
be HOUSE BILL NO. 4008, "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."                                                                                  
                                                                                                                                
10:06:27 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LIZ SNYDER,  Alaska State  Legislature, as  prime                                                               
sponsor, presented  HB 4008.   She said the  proposed legislation                                                               
offers  guidance  regarding  expenditures of  earnings  from  the                                                               
Alaska  permanent  fund.   She  named  two  goals:   to  overcome                                                               
legislative gridlock  and bring the state  a comprehensive fiscal                                                               
plan to benefit the state.  She  said the bill would:  retain a 5                                                               
percent, percent of market value  (POMV) draw; repeal conflicting                                                               
statute;  and  add  a  revised   permanent  fund  dividend  (PFD)                                                               
formula, called a  50/50 contingency plan.  She said  HB 4008 was                                                               
designed to  balance essential  government services  with growing                                                               
the permanent  fund and PFD.   She  advised that the  strength of                                                               
the  50/50 plan  is that  it can  mitigate the  impact of  budget                                                               
fluctuations on  the PFD by  using a five-year moving  average in                                                               
calculating the baseline budget.   She said this would reduce the                                                               
capacity  for using  the PFD  as political  leverage and  provide                                                               
budgetary stability.   The  bill would  establish a  spending cap                                                               
and would encourage the seeking out of additional revenue.                                                                      
                                                                                                                                
10:09:01 AM                                                                                                                   
                                                                                                                                
ALLIANA  SALANGUIT,  Staff,  Representative  Liz  Snyder,  Alaska                                                               
State  Legislature, on  behalf  of  Representative Snyder,  prime                                                               
sponsor,  provided a  sectional analysis  of HB  4008 [hard  copy                                                               
included in the committee packet].                                                                                              
                                                                                                                                
10:11:09 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SNYDER gave a  PowerPoint presentation, [hard copy                                                               
included   in   the   committee   packet].     She   listed   the                                                               
considerations  of  HB   4008  [slide  2]:     the  50/50  split;                                                               
sustainable,  reliable,  and  high-quality  government  services;                                                               
constitutional  obligations;  the   need  to  remedy  conflicting                                                               
statutory  language;  the need  for  fiscal  plan; the  need  for                                                               
flexibility  in  challenging  budgetary climates;  household  and                                                               
economic benefits  of direct  payments; and  recommendations from                                                               
the  fiscal  [policy]  working   group.    Representative  Snyder                                                               
acknowledged that  while she  does not subscribe  to some  of the                                                               
rationale  behind  the  50/50  split, she  understands  it  as  a                                                               
compromise to existing  statute.  She named the  components of HB
4008 [slide  3] as comprising:   a 5 percent POMV  draw; guidance                                                               
on the  distribution of  the POMV draw  between general  fund and                                                               
dividend fund;  and conforming  language.   Representative Snyder                                                               
drew attention to an illustration  [slide 4] showing how the POMV                                                               
can be adjusted  to fill a budgetary gap in  years when the 50/50                                                               
split does not flat fund the previous year's budget.                                                                            
                                                                                                                                
10:15:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SNYDER  brought up two  scenarios.  In  Scenario 1                                                               
[slide 5],  HB 4008 would be  adopted, and there would  be no new                                                               
revenue or  cuts, and there  would be a  flat fund.   She covered                                                               
the  categories:    appropriations less  revenue;  5-year  moving                                                               
average  adjusted   for  the  consumer  price   index  (CPI)  and                                                               
inflation,  a  baseline budget;  the  POMV  of 50  percent,  with                                                               
baseline budget  less 50  percent POMV,  and showing  amount left                                                               
for PFD;  and the  dividend payout  and percent  of POMV  for the                                                               
PFD.   The scenario shows these  items from fiscal year  2023 (FY                                                               
23)  through  FY  30.    She gave  as  example  that  under  this                                                               
scenario, the  dividend payout in  FY 23  would be $838,  and the                                                               
percent of POMV for the PFD would  be 19 percent.  By FY 30 there                                                               
would be a 30/70 split.                                                                                                         
                                                                                                                                
10:18:18 AM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ clarified  for the  record that  "appropriations                                                               
less revenue" is a flat budget  minus known revenue that would be                                                               
used in  projections by  the Legislative  Finance Division.   She                                                               
added, "It's what we need to raise."                                                                                            
                                                                                                                                
REPRESENTATIVE SNYDER confirmed that is  correct.  She then moved                                                               
on to  Scenario 2 [slide 6],  which would include adoption  of HB
4008 and  $7 million  in new  revenue, as  well as  continue flat                                                               
funding.  What would change over time  is the size of the PFD and                                                               
the  proportion  needed to  cover  "less  revenue."   Under  this                                                               
scenario, the trajectory  of the evolution of  the PFD percentage                                                               
would be accelerated to approximately 50 percent by FY 30.                                                                      
                                                                                                                                
REPRESENTATIVE  SNYDER  noted  that   HB  4008  would  allow  for                                                               
increasing  or  decreasing  the   budget.    She  summarized  the                                                               
moderating  effects.   In  decreasing the  budget,  it would  not                                                               
result in a  decreased PFD in the same year;  it would contribute                                                               
to a reduction  in the five-year average and to  an increased PFD                                                               
in subsequent years.   Nothing in the  proposed legislation would                                                               
preclude the  legislature from increasing  the state's  budget in                                                               
future years,  she said.   An increase  would increase  the five-                                                               
year average  use in subsequent  years, in effect  increasing the                                                               
budget and "increasing  the proportion that we need  to make sure                                                               
that we cover utilizing the POMV draw."                                                                                         
                                                                                                                                
10:21:58 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STORY  expressed  concern   that  there  were  no                                                               
interventions  proposed  in the  bill.    She said  she  believed                                                               
investments in  the future were  necessary and that  the proposed                                                               
legislation did not account for that.                                                                                           
                                                                                                                                
REPRESENTATIVE SNYDER answered  that the bill was  focused on the                                                               
PFD formula, but reiterated that  nothing in the bill would limit                                                               
the legislature from expanding the budget to meet new needs.                                                                    
                                                                                                                                
REPRESENTATIVE STORY  expressed concern that past  experience was                                                               
not being considered.  She  said appropriations have been made in                                                               
the past that were vetoed.                                                                                                      
                                                                                                                                
10:26:12 AM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ  said the truth is  that the budget had  been cut                                                               
for the  past seven years,  and initiatives with  wide bipartisan                                                               
support  cannot be  funded without  the revenue  to do  so.   She                                                               
emphasized the importance  of grounding these bills  in a broader                                                               
context.                                                                                                                        
                                                                                                                                
10:27:11 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SNYDER  highlighted the flexibility which  HB 4008                                                               
would allow.   She  said the  bill did  not prescribe  a specific                                                               
percentage split.   She argued  that the flexibility  would allow                                                               
for the legislature to address unexpected needs.                                                                                
                                                                                                                                
10:28:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   PRAX   asked   for  confirmation   that   future                                                               
legislators could not be held to the provisions of HB 4008.                                                                     
                                                                                                                                
REPRESENTATIVE  SNYDER answered  that is  correct; regardless  of                                                               
what is in  statute, the legislature has the ability  to make the                                                               
decision on  an appropriation, as  decided under  Wielechowski v.                                                             
State  of  Alaska.    Notwithstanding that,  she  said  a  common                                                             
refrain from critics  is to "follow the law."   Many of the bills                                                               
proposing  statutory change  and  meant to  provide guidance  are                                                               
valuable, particularly in removing current conflicting language.                                                                
                                                                                                                                
REPRESENTATIVE   PRAX  thanked   the  bill   sponsor  for   being                                                               
forthright.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SNYDER replied  that HB  4008 proscribes  a 50/50                                                               
split as a target, which she called unique.                                                                                     
                                                                                                                                
CHAIR  SPOHNHOLZ said  the legislature  had been  appropriating a                                                               
dividend without  regard to historic  formula, and HB  4008 would                                                               
develop a new formula based on  balancing the budget.  She argued                                                               
that while it is  not a hard stop formula, it is  a change to the                                                               
way things are currently done.                                                                                                  
                                                                                                                                
10:31:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE PRAX  said the  bill would  at least  clarify that                                                               
what the legislature does is pay  for all state spending and then                                                               
fund the  PFD with whatever is  left; however, he said  he thinks                                                               
[Alaskans]  would be  disappointed.   He said,  "I think  we'd be                                                               
better off ignoring it and moving on."                                                                                          
                                                                                                                                
10:32:58 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STORY argued  that since many items  funded by the                                                               
legislature  have been  vetoed by  the governor,  the PFD  is not                                                               
funded by with leftover funds.                                                                                                  
                                                                                                                                
10:33:53 AM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced that HB 4008 was held over.                                                                           

Document Name Date/Time Subjects
HB 4010 Presentation 10.20.21.pdf HW&M 10/22/2021 10:00:00 AM
HB4010
HB 4008 Fiscal Note - PF.pdf HW&M 10/22/2021 10:00:00 AM
HB4008
HB 4008 Sponsor Statement.pdf HW&M 10/22/2021 10:00:00 AM
HB 4008 Sectional.pdf HW&M 10/22/2021 10:00:00 AM
HB 4008 Presentation, 10.22.21.pdf HW&M 10/22/2021 10:00:00 AM
HB4008
LFD Presentation - POMV and PFD bills,10.22.21.pdf HW&M 10/22/2021 10:00:00 AM
HB 4008 Sectional.pdf HW&M 10/22/2021 10:00:00 AM
HB4008
HB 4008 Presentation, 10.22.21.pdf HW&M 10/22/2021 10:00:00 AM
HB4008
HB 4008 Sponsor Statement.pdf HW&M 10/22/2021 10:00:00 AM
HB4008