Legislature(2005 - 2006)SENATE FINANCE 532

05/03/2005 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 187 AMERADA HESS INCOME; CAPITAL INCOME FUND TELECONFERENCED
Moved CSHB 187(FIN)(efd fld)Out Committee
+= SB 46 APPROP: CAPITAL BUDGET TELECONFERENCED
Heard & Held
+= SB 102 COASTAL MANAGEMENT PROGRAMS TELECONFERENCED
Moved CSSB 102(FIN) Out of Committee
*+ SB 192 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Heard & Held
+ SB 22 MEDICAID COVERAGE FOR BIRTHING CENTERS TELECONFERENCED
Moved CSSB 22(FIN) Out of Committee
+ SB 78 SENIOR CARE PROGRAM TELECONFERENCED
Scheduled But Not Heard
+ SB 125 LICENSING MEDICAL OR CARE FACILITIES TELECONFERENCED
Moved CSSB 125(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 178 SPECIAL REQUEST LICENSE PLATES
Moved CSHB 178(STA) am Out of Committee
                                                                                                                                
     CS FOR HOUSE BILL NO. 187(FIN)(efd fld)                                                                                    
     "An Act relating  to money deposited into the  Alaska permanent                                                            
     fund as  a result of the settlement  of State v. Amerada  Hess;                                                            
     relating  to the Alaska capital income fund and  to deposits of                                                            
     income  from State v.  Amerada Hess  settlement money  into the                                                            
     Alaska capital income fund."                                                                                               
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
PETE  ECKLUND,  Staff to  Representative  Kevin  Meyer,  the  bill's                                                            
sponsor on behalf  of Governor Frank Murkowski, explained  that this                                                            
bill would  establish  the Alaska  Capital Income  Fund "within  the                                                            
General  Fund and  would authorize  the  deposit into  that fund  of                                                            
earnings  received ?  from the  Amerada Hess  lawsuit." The  Amerada                                                            
Hess (AH) Settlement was  the end result of a 1982 lawsuit the State                                                            
filed against  oil and gas companies.  At the time, "both  State and                                                            
federal  judges expressed  concerns  about the  capacity of  Alaskan                                                            
judges and juries  to participate in the case on an  impartial basis                                                            
in light of the  fact that earnings on that portion  of any recovery                                                            
in the case would  be deposited into the Permanent  Fund and be used                                                            
to pay Permanent  Fund Dividends to all Alaskan juries  and judges."                                                            
This led to the  enactment of Alaska Statute (AS)  37.13.145(d) that                                                            
required the interest  earned on that lawsuit's settlement  money to                                                            
be deposited into the principal  of the Permanent Fund. Furthermore,                                                            
it directed that  no earnings derived from that money  could be used                                                            
to fund Permanent Fund Dividends.                                                                                               
                                                                                                                                
Mr. Ecklund  stated  that this  action eliminated  the impartiality                                                             
concern  regarding  the  Permanent  Fund  Dividend   (the  Dividend)                                                            
amount.  Although  the  AH  case  was  settled,  there  remains  the                                                            
possibility  that it could  be reopened or  subject to arbitration.                                                             
Approximately   $424,000,000,  including   earnings  and   inflation                                                            
proofing,  is contained  within an  AH subaccount  in the  Permanent                                                            
Fund. This  bill would propose  to retain  the AH subaccount  at the                                                            
$424,000,000 level,  but to move money that would  be contributed to                                                            
inflation  proof   the  subaccount  into  another   portion  of  the                                                            
Permanent Fund principal.                                                                                                       
                                                                                                                                
Mr. Ecklund  stated that this bill  would authorize the earnings  on                                                            
the  AH  principal,   which  is  estimated  to  be  $25,000,000   to                                                            
$30,000,000  annually, to be deposited  into the new Alaska  Capital                                                            
Income Fund (ACIF). Money  deposited into the ACIF could be utilized                                                            
to support "any valid public purpose".                                                                                          
                                                                                                                                
Mr. Ecklund  noted that the 2006 Capital  Budget bill, SB  46, would                                                            
include provisions  to utilize approximately  $60,000,000  "of these                                                            
earnings" to support capital projects.                                                                                          
                                                                                                                                
Mr.  Ecklund assured  the  Committee that  this endeavor  would  not                                                            
impact  the calculation  of  the Dividend  "and  is  neutral on  the                                                            
dollar amount of each Alaskan's Dividend".                                                                                      
                                                                                                                                
9:39:03 AM                                                                                                                    
                                                                                                                                
In response to  a question from Senator Dyson, Mr.  Ecklund restated                                                            
the fact that "this legislation  is neutral on the dividend"; it has                                                            
no impact on  either the calculation  of the Dividend or  the amount                                                            
of each Dividend check.                                                                                                         
                                                                                                                                
9:39:14 AM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken,  referencing  the chart  titled  "Current  System"                                                            
[copy  on file)  provided  by  the  sponsor,  asked the  reason  the                                                            
decision was made  to establish the ACIF instead of  specifying that                                                            
the money be utilized for the debt reimbursement fund.                                                                          
                                                                                                                                
Mr. Ecklund  responded that the Committee  could alter the  proposal                                                            
to specify  that the earnings from  the ACIF be utilized  to support                                                            
the debt retirement fund.                                                                                                       
                                                                                                                                
9:39:45 AM                                                                                                                    
                                                                                                                                
Mr. Ecklund  stated that the  decision not  to do that at this  time                                                            
was based on the fact that  "the debt retirement fund is a sweepable                                                            
fund".  There would  be no  sweepablity  concern  were the  earnings                                                            
appropriated to support capital projects.                                                                                       
                                                                                                                                
9:40:00 AM                                                                                                                    
                                                                                                                                
Co-Chair Green  understood that the language in this  bill would not                                                            
prohibit using the earnings for debt retirement.                                                                                
                                                                                                                                
Mr. Ecklund affirmed. The  money "could be used for any valid public                                                            
purpose."  Once the money  is deposited into  the ACIF, it  could be                                                            
used  for  such  things   as  debt  retirement,  capital   projects,                                                            
operating budgets, and future bond obligations.                                                                                 
                                                                                                                                
Co-Chair Wilken  asked for confirmation  that the funds in  the ACIF                                                            
would be non-sweepable.                                                                                                         
                                                                                                                                
Mr. Ecklund clarified that  the ACIF would be sweepable, however, as                                                            
proposed in  the capital budget bill,  the money deposited  into the                                                            
ACIF  could be  utilized to  fund capital  projects  in the  capital                                                            
budget.                                                                                                                         
                                                                                                                                
Co-Chair Green  understood therefore,  that in order to prevent  the                                                            
funds from being  sweepable, they must be identified  as the funding                                                            
mechanism in the capital budget, for instance.                                                                                  
                                                                                                                                
Mr. Ecklund  explained that,  "when the money  is appropriated  from                                                            
the Alaska Income  Fund to capital projects, those  capital projects                                                            
are then non-sweepable".                                                                                                        
                                                                                                                                
Co-Chair Green  understood therefore, that when ACIF  money "is used                                                            
in a capital  project or  for debt reimbursement,  and is paid  out,                                                            
it's not sweepable".                                                                                                            
                                                                                                                                
Mr. Ecklund clarified  that any balance in the debt  retirement fund                                                            
would be sweepable.  On the other hand, "capital projects  that have                                                            
been appropriated are non-sweepable".                                                                                           
                                                                                                                                
9:41:35 AM                                                                                                                    
                                                                                                                                
Senator Stedman asked regarding  "the mechanics of sweepability" and                                                            
whether ACIF  could be structured  to prohibit its funds  from being                                                            
swept.  In  addition,  he  asked   how  the  AH  earnings  would  be                                                            
calculated.                                                                                                                     
                                                                                                                                
9:42:18 AM                                                                                                                    
                                                                                                                                
Mr.  Ecklund stated  that  "most funds  are  sweepable".  The FY  06                                                            
capital budget  would propose "to  expend the money that  flows into                                                            
the" ACIF for capital projects,  as, once that money is appropriated                                                            
for a capital project,  that capital project would not be subject to                                                            
the sweep.  He reiterated  that most funds  are sweepable,  and that                                                            
the "very few  exceptions" to that  would include the new  education                                                            
fund that  was created  this year  and the  Power Cost Equalization                                                             
(PCE) Endowment Fund.                                                                                                           
                                                                                                                                
Senator Stedman asked whether  this fund could be protected from the                                                            
sweep.                                                                                                                          
                                                                                                                                
Mr. Ecklund responded that  "the Department of Administration is the                                                            
entity  that makes"  the determination  as to which  funds would  be                                                            
sweepable.  A multitude of standards  and calculations are  involved                                                            
in the endeavor. He deferred  to the Department of Administration in                                                            
this regard.                                                                                                                    
                                                                                                                                
Senator  Stedman   asked  regarding   the  calculation  that   would                                                            
determine how much money would be deposited into the ACIF.                                                                      
                                                                                                                                
9:44:24 AM                                                                                                                    
                                                                                                                                
Mr. Ecklund  replied that a representative  of the Alaska  Permanent                                                            
Fund  Corporation,  Department  of Revenue  could best  answer  that                                                            
question;  however,  he  understood   that  "the  earnings  on  this                                                            
subaccount would  be calculated the same way as the  earnings of the                                                            
rest of the Permanent Fund".                                                                                                    
                                                                                                                                
Senator  Stedman asked whether  "any smoothing  mechanism"  would be                                                            
incorporated   or   whether   an   annual   calculation   would   be                                                            
automatically   moved  into  the  account.  He  surmised   that  the                                                            
calculation  would be  conducted at  the conclusion  of each  fiscal                                                            
year, as that would provide  the information to the Governor in time                                                            
to incorporate  it into his budget proposal that is  due by December                                                            
15th of each year.                                                                                                              
                                                                                                                                
Mr. Ecklund  confirmed  that the  funding transfer  would not  occur                                                            
until the  end of  the fiscal year.  The amount  could be  estimated                                                            
earlier.                                                                                                                        
                                                                                                                                
Co-Chair Green asked whether  it would be possible to calculate this                                                            
year's amount  based on last year's  actual performance.  That would                                                            
assist in removing the estimation factor.                                                                                       
                                                                                                                                
Mr. Ecklund  supported estimating  the amount rather than  basing it                                                            
on last year's  performance; the amount would be easier  to pinpoint                                                            
as the end of  the fiscal year nears. Approximately  $30,000,000 has                                                            
been the recent historical range.                                                                                               
                                                                                                                                
Co-Chair Green concluded  therefore that the range of estimation, at                                                            
this point,  is pretty narrow; there  might be a deviation  range of                                                            
$2,000,000  or $3,000,0000  from the actual  amount. She  questioned                                                            
"whether the forecasting could be that close".                                                                                  
                                                                                                                                
Mr. Ecklund affirmed that it could.                                                                                             
                                                                                                                                
9:46:39 AM                                                                                                                    
                                                                                                                                
Senator  Stedman ascertained  that  this process  would differ  from                                                            
that of  estimating oil prices,  which are  based on such things  as                                                            
volume and price.  When "operating within the portfolio  confines of                                                            
the Permanent  Fund, it depends on their buying and  selling, profit                                                            
taking  or losses,  and then  dividend  income". He  asked why,  for                                                            
budgetary purposes, a one-year  lag time had not been proposed. That                                                            
would allow any  money that might remain in the ACIF  to be utilized                                                            
rather than swept.  Were the amount based on the prior  year, it, in                                                            
its entirety, could be appropriated.                                                                                            
                                                                                                                                
9:48:09 AM                                                                                                                    
                                                                                                                                
Mr. Ecklund  responded that the Governor's  capital budget  proposal                                                            
included $340  million of AH bonding.  "It appears that that  is not                                                            
going to happen"  and different sources  were identified  with which                                                            
to fund  the capital  budget.  This proposal  is one  area that  the                                                            
House of Representatives accepted.                                                                                              
                                                                                                                                
Senator  Stedman rephrased  his question.  The question  was not  in                                                            
regards  to "the mechanics"  utilized  this year;  it "is more  of a                                                            
policy decision"  as to whether  there might  be the desire  to "put                                                            
forth  mechanisms  within  the budgetary  process  to  get a  higher                                                            
predictability  of  the  revenue stream  that  we  are going  to  be                                                            
working with".  Imbedding  a one-year delay  on this proposal  would                                                            
provide exact figures as  opposed to dealing with fluctuating market                                                            
conditions and  other influences. Doing so would provide  "a cleaner                                                            
budgetary cycle".                                                                                                               
                                                                                                                                
9:50:30 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green   asked  whether   the  bill  might  contain   "that                                                            
retroactivity", as she  noted that Sec. 4, page two lines 27 through                                                            
30  of the  bill  specifies  that  Sections  1-3  of this  bill  are                                                            
retroactive  to July 1, 2004. Therefore,  half of the year  would be                                                            
"a look-back".                                                                                                                  
                                                                                                                                
Mr. Ecklund  replied that,  "the bill does  contain a retroactivity                                                             
clause that would  allow the FY 05 earnings to be  used in the FY 06                                                            
capital budget".                                                                                                                
                                                                                                                                
Co-Chair Green  understood therefore that the FY 05  amount would be                                                            
an "actual" amount.                                                                                                             
                                                                                                                                
Mr. Ecklund  stated that it would  be "very close" to being  actual.                                                            
                                                                                                                                
Co-Chair Green  understood that were $60,000,000 allocated  to FY 06                                                            
capital  projects through  this process,  the  Legislature would  be                                                            
able to review  the actual FY 05 fiscal  year amount, and,  were the                                                            
actual   amount  to  be   $2,000,000  less   than  anticipated   and                                                            
appropriated, they would  be able to utilize a mechanism to "repair"                                                            
that  funding  shortfall  issue.  Either  a  project  would  not  be                                                            
furthered or it  might be addressed through a supplemental  request.                                                            
The latter would not be  preferred. She stated that some flexibility                                                            
might be available.                                                                                                             
                                                                                                                                
9:52:44 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green voiced uncertainty  as to  whether a one-year  look-                                                            
back had been  discussed. She stated that the interest  would remain                                                            
in the AH account until withdrawn to fund a project.                                                                            
                                                                                                                                
9:53:28 AM                                                                                                                    
                                                                                                                                
Mr. Ecklund remarked  that the earnings would flow  into the capital                                                            
income  fund,   and  from  there,   they  would  flow  to   whatever                                                            
appropriation  the Legislature  had specified,  such as the  capital                                                            
projects  proposed  in the  Governor's FY  06 capital  budget.  Were                                                            
sufficient  funds unavailable to fund  the entirety of the  projects                                                            
specified for  FY 06, a supplemental  request could be provided.  In                                                            
addition,  ACIF FY  07 deposits  could  be used  to fund  previously                                                            
authorized projects. There  would be methods to fully fund a capital                                                            
project in the FY 06 budget.                                                                                                    
                                                                                                                                
Co-Chair  Green expressed  therefore that  "the shortfall"  could be                                                            
corrected.                                                                                                                      
                                                                                                                                
9:54:37 AM                                                                                                                    
                                                                                                                                
Senator  Stedman  understood   "the  backfill  mechanism"   options.                                                            
However,  "it's  a  policy  call"  as  the  Legislature  could  fund                                                            
projects with funds from  the year 2010. The question is whether "we                                                            
want" to develop  a budget based on  an estimate of projected  funds                                                            
subject  to financial  market volatility,  with  "the potential"  to                                                            
backfill  the  allocation  "or do  we want  to  work with  a  number                                                            
certain".  He stated that  it would  be easier  to develop a  budget                                                            
with a "number certain".                                                                                                        
                                                                                                                                
9:55:46 AM                                                                                                                    
                                                                                                                                
Co-Chair Green asked whether  the legislation would require that the                                                            
entirety of  the interest earnings  deposited into the ACIF  must be                                                            
utilized.                                                                                                                       
                                                                                                                                
Mr. Ecklund responded in  the negative, the amount "would be subject                                                            
to appropriation".                                                                                                              
                                                                                                                                
Co-Chair Green  asked whether it might  be possible for the  "number                                                            
certain" approach, as suggested  by Senator Stedman, to encounter an                                                            
under-funding situation.                                                                                                        
                                                                                                                                
Mr. Ecklund  affirmed that the Legislature  could specify  an amount                                                            
of $100,000,000, and only $20,000,000 might be earned.                                                                          
                                                                                                                                
9:56:35 AM                                                                                                                    
                                                                                                                                
In response  to  a question  from  Co-Chair Green,  Senator  Stedman                                                            
voiced that he had no further comments. He had made his point.                                                                  
                                                                                                                                
Senator Dyson asked to  language in the Sponsor's Statement [copy on                                                            
file] that  professes that ending  the inflation proofing  of the AH                                                            
principal would "maintain  a static balance in the AH principal". To                                                            
that point, he asked whether  "any unrealized gains as the result of                                                            
the growth  of  the value  of what ever  instruments  that money  is                                                            
invested in" would remain in the AH principal account.                                                                          
                                                                                                                                
9:57:49 AM                                                                                                                    
                                                                                                                                
Mr. Ecklund  responded that  the current  $424,000,000 Amerada  Hess                                                            
principal  balance is  the static  amount being  referenced. He  was                                                            
unsure as to how  the account would be affected by  unrealized gains                                                            
or  losses.   A  representative   of  the   Alaska  Permanent   Fund                                                            
Corporation would best respond to the question.                                                                                 
                                                                                                                                
Senator Dyson expressed  that the reference to "maintaining a static                                                            
balance"  should   not  prohibit   the  account  from  growing   and                                                            
appreciating  due to  inflation  proofing and  "prudent investments                                                             
over time".                                                                                                                     
                                                                                                                                
Mr. Ecklund  explained "the current  practice with the Amerada  Hess                                                            
subaccount"  by stating that  the account  consists of its  earnings                                                            
and an  inflation-proofing  amount, as determined  by the  Permanent                                                            
Fund Corporation.  Once the earnings are determined,  the inflation-                                                            
proofing  amount is  subtracted from  the earnings  amount, and  the                                                            
earnings balance is deposited  into the subaccount. This is required                                                            
by Statute,  as none of the subaccount's  earnings could  be used in                                                            
the  calculation  of the  Dividend.  Therefore, the  subaccount  has                                                            
experienced growth by both  its earnings and the inflation proofing.                                                            
                                                                                                                                
Mr.  Ecklund stated  that  this  bill "would  freeze  the  principal                                                            
amount  for  accounting  purposes  at  $424,000,000.  The  inflation                                                            
proofing  amount that is  applicable to the  $424,000,000"  would be                                                            
deposited  into the other  portion of the  Permanent Fund  principal                                                            
rather than into the AH subaccount.                                                                                             
                                                                                                                                
Senator Dyson  clarified that his question pertained  to "the value"                                                            
of the  AHS rather than  to its earnings  or the inflation-proofing                                                             
calculations.   Continuing,  he  commented   that  the  fund   might                                                            
appreciate  due to  its investments;  therefore,  he was asking  for                                                            
assurance that  the increasing value  of the fund that might  result                                                            
from its own investments  would not removed from the  account "to be                                                            
spent".                                                                                                                         
                                                                                                                                
Mr.  Ecklund   assured  that  the   fund's  "unrealized   gains  and                                                            
unrealized   losses  are   not  included   in  the  calculation   of                                                            
principal".                                                                                                                     
                                                                                                                                
Senator Dyson acknowledged.                                                                                                     
                                                                                                                                
[Co-Chair Wilken assumed chair of the meeting.]                                                                                 
                                                                                                                                
10:01:50 AM                                                                                                                   
                                                                                                                                
Senator Stedman asked the  reason that the State would take an asset                                                            
at, for example, the $424,000,000  level and not inflation-proof it.                                                            
That would serve  to erode the level at, for example,  three-percent                                                            
a year. Inflation-proofing  the account  "would not affect  the rest                                                            
of  the   Permanent  Fund   anyway  because   this  is  a   separate                                                            
[indiscernible]  entity." Halting  the inflation-proofing  of the AH                                                            
subaccount  and instead  depositing  that money  into the  Permanent                                                            
Fund would serve  to over-inflate an already over-inflated  account,                                                            
and would serve to reduce  the purchasing power of the AH subaccount                                                            
over time.  Every year the  account "would  go backwards".  He could                                                            
not "understand the conceptual long-range goal here".                                                                           
                                                                                                                                
10:03:20 AM                                                                                                                   
                                                                                                                                
Mr. Ecklund stated  that the House of Representatives  had discussed                                                            
inflation-proofing the  sub-account. The Governor's proposal had not                                                            
included inflation-proofing  the subaccount. The House  decided that                                                            
in an effort  to not diminish  the total value  of the principal  of                                                            
the Permanent  Fund, the subaccount would be included  in the amount                                                            
upon  which  the  total  inflation  proofing  calculation  would  be                                                            
calculated. The question  is whether the desire would be to grow the                                                            
subaccount, which could  not be used for dividends, or, as proposed,                                                            
to spin  off money  to be used  for any valid  public purpose.  That                                                            
would be a policy call.                                                                                                         
                                                                                                                                
Senator Stedman  warned that a short-range  view of the issue  could                                                            
be "easily captivating".  The Governor presented a  concept that has                                                            
been altered.  The long-range ramifications  of the proposal  should                                                            
be considered.                                                                                                                  
                                                                                                                                
[NOTE: Co-Chair Green resumed Chair of the Committee.]                                                                          
                                                                                                                                
10:04:44 AM                                                                                                                   
                                                                                                                                
Senator  Stedman avowed  that  a slow  erosion of  the subaccount's                                                             
purchasing  power  would  not  be desired.  Inflation-proofing   the                                                            
account  would not have  any affect,  as the  inflation dollars  are                                                            
already being  calculated, and therefore,  instead of crediting  the                                                            
inflation-proofing   into  the  Permanent  Fund,  which  is  already                                                            
inflation proofed, the  money should be credited to the principal of                                                            
the AH subaccount to, "at  least, keep the purchasing power constant                                                            
over time".  Inflation-proofing this  account would be an  easy fix.                                                            
He warned that it is "conceptually  easy to walk away from inflation                                                            
proofing, but,  absent this endeavor, there would  be "substantially                                                            
less capital available to us" in ten years.                                                                                     
                                                                                                                                
10:06:00 AM                                                                                                                   
                                                                                                                                
Senator  Hoffman ascertained  therefore that  the question  would be                                                            
whether  to continue the  buying power  of the  AH subaccount  or to                                                            
enhance  the   calculation  of  the   Dividend,  by  crediting   the                                                            
inflation-proofing money  into the Permanent Fund corpus rather than                                                            
into the AH subaccount.                                                                                                         
                                                                                                                                
Senator Stedman  responded  that the answer  to that question  would                                                            
depend on  whom you ask.  Numerous people  would be concerned  about                                                            
protecting the Permanent Fund and their Dividend.                                                                               
                                                                                                                                
Senator  Stedman stated  that the  AH money  "today  ? is a  virtual                                                            
subaccount of the Alaska  Permanent Fund and has never had an affect                                                            
on the  Dividend  calculations".  Were the  desire  to redirect  the                                                            
earnings from  the AH settlement, which is an "entity  that does the                                                            
State  no good  at all  other than  a growing  pot of  money",  in a                                                            
similar manner  to how the State uses the earnings  of the Permanent                                                            
Fund, while continuing  to inflation proof the AH  subaccount, would                                                            
"at least" hold "its purchase  power constant over time". He did not                                                            
anticipate this  being an issue to most of the people  in the State.                                                            
                                                                                                                                
Senator Dyson viewed an  investment that does not exceed the rate of                                                            
inflation  as  "a lousy  investment".  "What  we have  been  calling                                                            
inflation proofing  is just kind of supplemental income  to increase                                                            
the principal." Therefore,  his question would be to the reason that                                                            
the State  should  inflation proof  investments as  opposed to  just                                                            
making wise  investments  that ought to,  traditionally, double  the                                                            
CPI [consumer price index]."                                                                                                    
                                                                                                                                
10:08:26 AM                                                                                                                   
                                                                                                                                
Co-Chair Green  asked Rob Carpenter  of the Division of Legislative                                                             
Finance to explain,  among other things, how the amount  of interest                                                            
earned  on  the  AH  Settlement  would  be  calculated   under  this                                                            
legislation.                                                                                                                    
                                                                                                                                
ROB CARPENTER,  Fiscal  Analyst,  Division of  Legislative  Finance,                                                            
understood that some of  the Committee's concerns revolve around the                                                            
issues of how not inflation  proofing the AH subaccount would affect                                                            
it, and  "that  the income  stream would  be very  flat because  the                                                            
principal amount would  not change". "The principal idea behind" the                                                            
current AHS  process "is to avoid  a change in the actual  amount of                                                            
the Dividend", as no part  of the AH subaccount is factored into the                                                            
Dividend calculation. "Therefore,  any inflation-proofing of the AMS                                                            
portion will reduce future Dividends".                                                                                          
                                                                                                                                
Co-Chair Wilken  understood that Senator  Stedman's desire  would be                                                            
to, rather than contributing,  for example, the entire eight percent                                                            
earnings,   or  $32,000,000,   on   the  approximate   $400,000,000                                                             
subaccount balance  into the ACIF to support public  purposes, three                                                            
percent of that  amount would be retained to inflation-proof  the AH                                                            
subaccount  and the five-percent  balance,  or $20,000,000  would be                                                            
provided  to the ACIF. Such  action would  continue to maintain  the                                                            
purchasing  power   of  the  AH  subaccount.  Senator   Stedman  has                                                            
identified the need for  there to be a policy call regarding whether                                                            
the AH subaccount should  be a static account in terms of dollars or                                                            
in purchasing power.                                                                                                            
                                                                                                                                
10:11:23 AM                                                                                                                   
                                                                                                                                
Senator Stedman  responded that Co-Chair Wilken's  interpretation is                                                            
"very close" to  his intent. The desire would be that  in ten years,                                                            
the equivalent  purchasing  power would  be available  "to work  for                                                            
us".                                                                                                                            
                                                                                                                                
Co-Chair  Wilken  concluded  therefore,   that  the  discussion  has                                                            
returned  to Senator Dyson's  question regarding  the definition  of                                                            
static: static  in terms of purchasing  power or static in  terms of                                                            
dollars.                                                                                                                        
                                                                                                                                
Mr. Ecklund  stated  that the House  had discussed  this issue.  "In                                                            
rough numbers",  inflation proofing "the AH subaccount  with its own                                                            
earnings"  would  provide  a  payout  of approximately  $21,000,000                                                             
rather than  the full $30,000,000  to support  public purposes.  The                                                            
effort being  undertaken "was  to fund as  many capital projects  as                                                            
possible"  using  as many  funding sources  as  possible,  including                                                            
utilizing  the money  that might  be provided  by this legislation.                                                             
This proposal could be adopted and revisited in the future.                                                                     
                                                                                                                                
10:12:43 AM                                                                                                                   
                                                                                                                                
Senator  Dyson  communicated  his  difficulty  in  "integrating  the                                                            
answers"  that  have  been  provided.   It  would  appear  that  the                                                            
$400,000,000  plus  money  would   appreciate  in  value,  and  have                                                            
increasing  purchasing power  and increased  earnings without  being                                                            
inflation proofed.                                                                                                              
                                                                                                                                
10:13:27 AM                                                                                                                   
                                                                                                                                
Mr.  Carpenter  reviewed the  manner  in  which the  Permanent  Fund                                                            
currently works. The AH,  the entire ERA (Earnings Reserve Account),                                                            
and the  principal  are all invested  through  the Permanent  Fund's                                                            
asset  allocation.  They have  both "an  unrealized  and a  realized                                                            
earnings flow.  The realized earnings stream is their  statutory net                                                            
minus the Am Hess  which then goes back into the Am  Hess principal"                                                            
along with all its earnings.                                                                                                    
                                                                                                                                
Mr.  Carpenter  continued  that  this bill  would  flow  the  entire                                                            
realized  earnings  associated  with the  AH subaccount  balance  of                                                            
$425,000,000  into the  capital income  account.  There would  be no                                                            
inflation proofing. Any  realized earnings would be paid out. "There                                                            
could be an accounting  of unrealized gains associated  with that Am                                                            
Hess  portion, but  the  way the  principal  of the  Permanent  Fund                                                            
works,  that   just  a  part  of   the  Permanent  Fund   unrealized                                                            
earnings"?.  "The  principal  of  the  Permanent  Fund  is  just  an                                                            
accounting  notion; whereas the market  value of the Permanent  Fund                                                            
is far in excess."                                                                                                              
                                                                                                                                
10:14:42 AM                                                                                                                   
                                                                                                                                
Senator  Dyson asked  the reason  why the  unrealized  gains of  the                                                            
Amerada  Hess could  not stay with  the Amerada  Hess principal  and                                                            
therefore would be an appreciated [indiscernible due to cough]".                                                                
                                                                                                                                
10:15:05 AM                                                                                                                   
                                                                                                                                
Mr. Carpenter  stated that  this would be  possible; "it would  be a                                                            
matter of structuring it that way".                                                                                             
                                                                                                                                
10:15:16 AM                                                                                                                   
                                                                                                                                
Co-Chair Green  stressed the fact that the bill contains  "all 'may'                                                            
language". It would not  require that this action must be taken each                                                            
year. It simply  states that the Legislature  "may provide  money to                                                            
the Capital Income Fund".                                                                                                       
                                                                                                                                
Mr. Ecklund appreciated  that clarification. In response  to Senator                                                            
Stedman's  concerns, he  noted that,  through the  inclusion of  the                                                            
term  "valid  public  purpose",  the  Legislature  could  choose  to                                                            
reappropriate  money   in  the  ACIF  back  into  the  Amerada  Hess                                                            
subaccount.                                                                                                                     
                                                                                                                                
Co-Chair Green reiterated  that this legislation would not establish                                                            
"a mandate";  there would  not be an automatic  process. Any  use of                                                            
the  funds must  proceed  through  the budgetary  process.  A  valid                                                            
public purpose must be demonstrated.                                                                                            
                                                                                                                                
Mr.  Carpenter commented  in  regards  "to the  cash  flow from  the                                                            
Fund". He pointed  out that because most capital projects  could not                                                            
be completed within one  year, a shortfall in ACIF funding allocated                                                            
for a specific year, might  not be that critical. "The revenue would                                                            
seem to fall into place in future years."                                                                                       
                                                                                                                                
Co-Chair Green  affirmed that "the  State generally leaves  money on                                                            
the table each year"; capital  money is not entirely spent each year                                                            
as  reflected  by the  fact  that  the budget  contains  money  from                                                            
previous  years'  allocation   that  have  lapsed.  "Some  of  those                                                            
projects never even got started" or were only halfway completed.                                                                
                                                                                                                                
Co-Chair Green ordered the bill to be SET ASIDE.                                                                                
                                                                                                                                
AT EASE 10:17:14 AM / 10:20:52 AM                                                                                           
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 187(FIN)(efd fld)                                                                                    
     "An Act relating  to money deposited into the  Alaska permanent                                                            
     fund as  a result of the settlement  of State v. Amerada  Hess;                                                            
     relating  to the Alaska capital income fund and  to deposits of                                                            
     income  from State v.  Amerada Hess  settlement money  into the                                                            
     Alaska capital income fund."                                                                                               
                                                                                                                                
                                                                                                                                
The bill was again before the Committee.                                                                                        
                                                                                                                                
Co-Chair  Wilken  moved  to  report the  bill  from  Committee  with                                                            
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There being no objection,  CS HB 187(FIN)(efd fld) was REPORTED from                                                            
Committee  with zero fiscal  note #2 dated  April 26, 2005  from the                                                            
Department of Revenue.                                                                                                          
                                                                                                                                
10:22:03 AM                                                                                                                   
                                                                                                                                

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