Legislature(2019 - 2020)BELTZ 105 (TSBldg)

04/16/2019 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 52 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Moved CSSB 52(L&C) Out of Committee
-- Testimony <Invitation Only> --
*+ SB 50 EMPLOYMENT TAX FOR EDUCATION FACILITIES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB 50-EMPLOYMENT TAX FOR EDUCATION FACILITIES                                                                     
                                                                                                                                
1:55:40 PM                                                                                                                    
CHAIR  REINBOLD reconvened  the  meeting and  announced  that the                                                               
final order  of business  would be  SENATE BILL  NO. 50,  "An Act                                                               
imposing  an   annual  educational   facilities  maintenance  and                                                               
construction tax on net  earnings from self-employment and wages;                                                               
relating   to   the  administration   and   enforcement   of  the                                                               
educational  facilities  maintenance  and  construction tax;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
1:56:31 PM                                                                                                                    
SENATOR BISHOP made opening remarks. He said that SB 50 has been                                                                
around since 1970s. He paraphrased his sponsor statement:                                                                       
                                                                                                                                
     From 1919-1980,  Alaska had  an annual  employment head                                                                    
     tax  for the  purpose  of collecting  revenues  to fund                                                                    
     schools.    The     tax    went     through    numerous                                                                    
     transformations, but it  always charged an equal amount                                                                    
     to each  employed individual.  When it was  repealed in                                                                    
     1980,  the  tax  was  $10  per  person  which  has  the                                                                    
     equivalent value of $30 today.                                                                                             
                                                                                                                                
     SB  50 proposes  to  revive  the repealed  head  tax on                                                                    
     employed  individuals, both  resident  and nonresident,                                                                    
     with  income  from  a  source  in Alaska.  The  "Alaska                                                                    
     Education  Facilities,  Maintenance,  and  Construction                                                                    
     Tax"  would collect  $30 from  each person  employed in                                                                    
     the  state.   The  tax   would  be  withheld   from  an                                                                    
     employee's  first   paycheck  each   year  while  self-                                                                    
     employed  individuals   would  be   required  to  remit                                                                    
     payment to  the Alaska  Department of Revenue.  The tax                                                                    
     would be  deductible on an  individual's federal income                                                                    
     tax return.                                                                                                                
                                                                                                                                
     According  to  the  most  recent  statistics  from  the                                                                    
     Alaska  Department of  Labor and  Workforce Development                                                                    
     and  the U.S.  Census Bureau,  there  are approximately                                                                    
     441,596 employed individuals  in Alaska. Roughly 20% of                                                                    
     those workers  who earn their  living in  Alaska do not                                                                    
     reside  here resulting in  $2.5 billion  in nonresident                                                                    
     income that  leaves Alaska's economy each  year and, in                                                                    
     most cases,  gets taxed by a  nonresident's home state.                                                                    
     It  is  estimated  that  this  tax would  generate  $13                                                                    
     million  each  year.  The  revenue  collected would  be                                                                    
     deposited into  the state's general  fund and accounted                                                                    
     for separately  to pay for the  growing maintenance and                                                                    
     construction needs of Alaska's schools.                                                                                    
                                                                                                                                
1:58:34 PM                                                                                                                    
SENATOR BISHOP said  the state has had  a minimal budget for                                                                    
the past  five years. He  expressed concern  about the level                                                                    
of deferred  maintenance for schools in  disrepair. In 1980,                                                                    
the head tax  was repealed. However, a  bill to recreate the                                                                    
head tax  has been introduced  in the  legislature 15 times.                                                                    
In fact,  he has introduced  this concept in  the last three                                                                    
legislatures.                                                                                                                   
                                                                                                                                
He  reported  that the  Department  of  Education  and Early                                                                    
Development  (DEED)  indicates   that  the  state  has  $112                                                                    
million in  deferred maintenance and $190  million in school                                                                    
construction debt. He said  that $2.5 billion in nonresident                                                                    
income   leaves   Alaska's    economy   each   year.   These                                                                    
nonresidents are most likely  taxed in their home states and                                                                    
those  taxes help  provide education  in their  home states.                                                                    
The state has  had limited capital  budgets based on federal                                                                    
matching  funds.  The deferred  maintenance  is  not getting                                                                    
better,  he  said.  He  remarked  that  he  worked  for  Joe                                                                    
Jackovich  when  he  attended  high  school.  Mr.  Jackovich                                                                    
explained to him  that the $5 school tax  helped pay for his                                                                    
high school education.                                                                                                          
                                                                                                                                
2:02:00 PM                                                                                                                    
DARWIN  PETERSON,  Staff,  Senator  Click  Bishop,  Alaska  State                                                               
Legislature, Juneau,  on behalf  of the sponsor,  reiterated that                                                               
from 1919  to 1980 Alaska had  an annual employment  head tax for                                                               
the purpose of collecting  revenues to help fund its schools. The                                                               
tax was  established to charge  an equal amount  to each employed                                                               
individual. When  it was  repealed in 1980,  the tax  was $10 per                                                               
person, which would  be equivalent to $30  today, if adjusted for                                                               
inflation.  SB 50  proposes to  revive the  repealed head  tax on                                                               
those employed, both residents and nonresidents.                                                                                
                                                                                                                                
MR. PETERSON said  that this bill would collect  $30 withheld from                                                              
the  first  paycheck  each  calendar year  and  is  deductible  on                                                              
federal income tax returns.                                                                                                     
                                                                                                                                
He  provided  statistics  from Department  of  Labor  &  Workforce                                                              
Development and the U.S. Census Bureau,  such that 20.0 percent or                                                              
85,000 of  441,596 employees  are nonresidents,  which results  in                                                              
$2.5  billion leaving  the  state's economy  each  year. In  2017,                                                              
407,255 of the 441,596 employees  were wage and salary workers. He                                                              
said  that  11,329  of  the self-employed  Alaskans  work  in  the                                                              
business sector and the remainder are self-employed in non-                                                                     
incorporated businesses.                                                                                                        
                                                                                                                                
MR. PETERSON said that based on  those figures, the education head                                                              
tax would bring in $13 million in  revenue per year to the state's                                                              
general  fund to  pay  for  growing maintenance  and  construction                                                              
needs. The  Department of Education  and Early  Development (DEED)                                                              
indicates  that the  state's share  of  the FY  2020 major  school                                                              
maintenance list  totals $112-113 million  and the FY  2020 school                                                              
construction list totals $190  million totaling over $300 million.                                                              
He pointed  out that it costs  districts money to  place something                                                              
on the list,  so the total does  not reflect all of  the needs. He                                                              
referred to members' packets and letters of support.                                                                            
                                                                                                                                
2:06:41 PM                                                                                                                    
SENATOR  COSTELLO asked  whether this  is considered  a dedicated                                                               
fund, and if not, how does the legislature avoid it.                                                                            
                                                                                                                                
MR. PETERSON answered no. He  referred to page 4, lines 13-19, to                                                               
language  that states  it does  not create  a dedicated  fund. AS                                                               
43.45.061 read:                                                                                                                 
                                                                                                                                
     (a) The  tax and penalties collected  by the department                                                                    
     under this chapter  shall be deposited into the general                                                                    
     fund and accounted for separately.                                                                                         
                                                                                                                                
     (b)  The  legislature  may  appropriate  the  estimated                                                                    
     amounts  to be collected  and separately  accounted for                                                                    
     under  (a)   of  this  section   into  the  educational                                                                    
     facilities    maintenance    and   construction    fund                                                                    
     established  under   AS  37.05.560.   Nothing  in  this                                                                    
     section creates a dedicated fund.                                                                                          
                                                                                                                                
MR. PETERSON  explained that the  legislature is constitutionally                                                               
prohibited  from creating  dedicated funds.  The  legislature may                                                               
appropriate and separately account  for and place the funds in an                                                               
account  with the  intent to  pay  for construction  and deferred                                                               
maintenance.                                                                                                                    
                                                                                                                                
SENATOR  COSTELLO  asked  whether  this  would be  considered  an                                                               
income tax.                                                                                                                     
                                                                                                                                
MR. PETERSON  agreed that it  would create an income  tax, but it                                                               
is a flat tax, not a bracketed income tax.                                                                                      
                                                                                                                                
SENATOR  COSTELLO  asked  for  further  clarification  as to  why                                                               
maintenance was not included as part of school construction.                                                                    
                                                                                                                                
MR.  PETERSON  answered  that  over  the  last  five  years,  the                                                               
operations  are ongoing  but  capital  budgets can  be  held back                                                               
while the legislature waits for additional revenue.                                                                             
                                                                                                                                
2:09:57 PM                                                                                                                    
SENATOR  BISHOP  said  he likes  the  title  of  the bill,  which                                                               
relates to facilities and construction tax. It read:                                                                            
                                                                                                                                
     "An  Act  imposing  an  annual  educational  facilities                                                                    
     maintenance and  construction tax on  net earnings from                                                                    
     self-employment    and   wages;    relating    to   the                                                                    
     administration  and   enforcement  of  the  educational                                                                    
     facilities  maintenance   and  construction   tax;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
He characterized this matter as a policy question.                                                                              
                                                                                                                                
2:10:32 PM                                                                                                                    
SENATOR BIRCH  commended the sponsor  for bringing this  forward.                                                               
He also  recalled his first  pay stub signed  by Jim Dalton.  The                                                               
Dalton Highway was named after him. He recalled  the head tax was                                                               
$10  and  he  understood it  went  to  education.  He  said  that                                                               
maintenance  is  important  and  deferred  maintenance  needs  to                                                               
happen  but  can  be pushed  off  for  a  while.  These  deferred                                                               
maintenance costs are  significant ones in rural communities.  He                                                               
characterized this as a  step in the right direction. He  said he                                                               
thought it may help educate a new generation  of Alaskans that it                                                               
is necessary to pay for things.                                                                                                 
                                                                                                                                
2:12:34 PM                                                                                                                    
CHAIR REINBOLD raised  the concern that home schools  must absorb                                                               
property  taxes.  She  asked whether  this  tax  would  apply  to                                                               
everyone,  whether these  residents have  kids in  the system  or                                                               
not.                                                                                                                            
                                                                                                                                
MR. PETERSON answered yes. He said that everyone  who is employed                                                               
would be subject to a $30 head tax per  year. Not everyone in the                                                               
state has the ability to homeschool their  children. However, the                                                               
state is  constitutionally required  to provide  a public  school                                                               
system for all children, and everyone in the  state benefits from                                                               
having an educated population.                                                                                                  
                                                                                                                                
CHAIR REINBOLD argued  that it does not  mean that the state must                                                               
have 54 school districts and  a $2.2 billion budget, with some of                                                               
the lowest outcomes  in some areas.  She expressed frustration to                                                               
see "common  core" math standards that  she characterized as some                                                               
of the  worst possible. She  emphasized that she  is resistant to                                                               
increasing education  funding at this time.  She highlighted that                                                               
her constituents  question their  high property  taxes when other                                                               
residents pay  none. She  asked how to  track where  the money is                                                               
spent. Since  designated funds are prohibited,  this could result                                                               
in additional general fund monies.                                                                                              
                                                                                                                                
MR. PETERSON  pointed out that  employed rural  residents that do                                                               
not currently pay property taxes would be contributing $30.                                                                     
                                                                                                                                
CHAIR REINBOLD  expressed concern  that the funding  would not be                                                               
tied  to  the  local  community.  She  said she  preferred  local                                                               
community control.                                                                                                              
                                                                                                                                
MR. PETERSON  referred to the prioritized  DEED major maintenance                                                               
fund list and  school construction fund  list in members packets.                                                               
The funds would  be allocated towards  those projects in priority                                                               
order.                                                                                                                          
                                                                                                                                
CHAIR REINBOLD related her  understanding that there would not be                                                               
any guarantee that funds would  be spent in the area in which the                                                               
funds were collected.                                                                                                           
                                                                                                                                
MR. PETERSON agreed that it was a statewide effort.                                                                             
                                                                                                                                
2:15:47 PM                                                                                                                    
CHAIR  REINBOLD expressed  concern  that the  initial  fees could                                                               
dramatically  increase over  time.  She offered  her  belief that                                                               
government  always  wants  more,  so  this  could  just become  a                                                               
general bracketed income tax.                                                                                                   
                                                                                                                                
MR. PETERSON agreed that  it was always the prerogative of future                                                               
legislatures.  Future legislatures  could  abandon  this approach                                                               
and impose  an income tax based  on net income.  He remarked that                                                               
doing nothing was not an answer, either.                                                                                        
                                                                                                                                
CHAIR  REINBOLD said  this  sets  up the  framework  for  a full-                                                               
fledged  income tax  so it  could become  a  vehicle for  that to                                                               
occur.                                                                                                                          
                                                                                                                                
SENATOR BISHOP did  not disagree. However, he  said that he could                                                               
not  in good  conscious propose  addressing  the issue  by taking                                                               
funding out  of savings. He  emphasized that he was  trying to do                                                               
something to  address deferred  maintenance. He  pointed out that                                                               
some school kids  in his district have  not had drinking water in                                                               
three  years. He  maintained  that it  was  not an  option  to do                                                               
nothing.                                                                                                                        
                                                                                                                                
2:18:02 PM                                                                                                                    
CHAIR REINBOLD  said she appreciated  his courage  since there is                                                               
significant resistance  to taxes. She expressed  concern over the                                                               
inequalities  in school  districts, such  that some  schools have                                                               
great facilities whereas others  do not. She would like a program                                                               
that  engages students  to care  for  school lawns  and encourage                                                               
school pride.  She said that  one thing she liked  about the bill                                                               
is that the fees were the same fee for everyone.                                                                                
                                                                                                                                
[SB 50 was held in committee.]                                                                                                  

Document Name Date/Time Subjects
SB 50 ver. M.pdf SL&C 4/16/2019 1:30:00 PM
SL&C 1/28/2020 1:30:00 PM
SB 50
SB 50 Sponsor Statement ver. S.pdf SL&C 4/16/2019 1:30:00 PM
SL&C 1/28/2020 1:30:00 PM
SL&C 1/30/2020 1:30:00 PM
SB 50
SB 50 Sectional Analysis ver. M.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB 50 - FY20 Major Maintenance Final List.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB 50 - FY20 School Construction Final List.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB 50 - Nonresidents Working in Alaska 2017 Alaska Department of Labor and Workforce Development.pdf SL&C 4/16/2019 1:30:00 PM
SL&C 1/28/2020 1:30:00 PM
SL&C 1/30/2020 1:30:00 PM
SB 50
SB 50 - YKSD Resolution 19-06.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB 50 Denali Borough Resolution 19-08.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB 50 Denali Borough School District Reso.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB 50 News-Miner Editorial.pdf SL&C 4/16/2019 1:30:00 PM
SL&C 1/28/2020 1:30:00 PM
SL&C 1/30/2020 1:30:00 PM
SB 50
SB 50 News-Miner opinion.pdf SL&C 4/16/2019 1:30:00 PM
SL&C 1/28/2020 1:30:00 PM
SL&C 1/30/2020 1:30:00 PM
SB 50
SB 50 - ASA support letter.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB050 DRAFT Fiscal Note DOLWD-UI 04-12-19.pdf SL&C 4/16/2019 1:30:00 PM
SL&C 1/28/2020 1:30:00 PM
SB050-DOR-TAX-2-15-2019.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB050-DOR-TAX-4-16-2019.pdf SL&C 4/16/2019 1:30:00 PM
SB 50
SB 52 DCCED Response 04.15.19.pdf SL&C 4/16/2019 1:30:00 PM
SB 52
SB 52 Amendment U.8.pdf SL&C 4/16/2019 1:30:00 PM
SB 52
04.16.19 SB 52 Support Letters.pdf SL&C 4/16/2019 1:30:00 PM
SB 52