Legislature(2021 - 2022)BUTROVICH 205

05/02/2022 03:30 PM Senate RESOURCES

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Audio Topic
03:37:24 PM Start
03:38:00 PM SB84
03:57:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 84 LAND VOUCHERS; PFDS TELECONFERENCED
Moved CSSB 84(RES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                   SB 84-LAND VOUCHERS; PFDS                                                                                
                                                                                                                                
3:38:00 PM                                                                                                                    
CHAIR REVAK  announced the  consideration of  SENATE BILL  NO. 84                                                               
"An  Act  relating  to  the  veterans'  land  purchase  discount;                                                               
establishing state land vouchers;  relating to the permanent fund                                                               
dividend; relating  to the duties  of the Department  of Revenue;                                                               
authorizing the  Department of Natural Resources  to accept state                                                               
land  vouchers; relating  to eligibility  for public  assistance;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
[SB 84 was previously heard on 5/10/2021 and 1/31/2022.]                                                                        
                                                                                                                                
3:39:16 PM                                                                                                                    
BRIAN  FECHTER,  Deputy   Commissioner,  Department  of  Revenue,                                                               
Anchorage,  Alaska,   summarized  that  this  bill   would  allow                                                               
permanent fund dividend  (PFD) applicants to use  a land voucher,                                                               
which  would be  twice  the  statutory amount  of  the PFD.  This                                                               
voucher could be credited towards a future land purchase.                                                                       
                                                                                                                                
3:39:53 PM                                                                                                                    
SENATOR MICCICHE said  he liked the bill. He  wondered what would                                                               
happen  if  the  statute  changed  and  AS  43.23.025  no  longer                                                               
existed. He  asked how that  would affect  this bill in  the long                                                               
term.                                                                                                                           
                                                                                                                                
MR.  FECHTER  answered  that  SB 84  would  adopt  the  statutory                                                               
formula  in law  by reference.  Thus, if  the legislature  made a                                                               
statutory  change next  year, it  would be  a legislative  policy                                                               
consideration whether  to continue  to fund  the land  voucher at                                                               
twice the amount of the PFD or to adopt a new formula.                                                                          
                                                                                                                                
3:41:06 PM                                                                                                                    
SENATOR  KIEHL   recalled  that   the  committee   had  extensive                                                               
conversations about the face value  of the voucher and the impact                                                               
on  residents receiving  public assistance.  He further  recalled                                                               
that  the committee  had  asked  for a  general  sense of  parcel                                                               
values for  state land sales to  the general public, such  as the                                                               
average or the  median amount. He wondered if  the department had                                                               
that follow-up information.                                                                                                     
                                                                                                                                
MR. FECHTER deferred to DNR to respond.                                                                                         
                                                                                                                                
3:42:09 PM                                                                                                                    
CHRISTY COLLES,  Chief of Operations,  Division of  Mining, Land,                                                               
and Water,  Department of  Natural Resources,  Anchorage, Alaska,                                                               
responded that  the department calculated  the average  at $5,000                                                               
per acre for parcels.                                                                                                           
                                                                                                                                
SENATOR KIEHL asked for a sense  of the range of the parcel sizes                                                               
and whether  the parcels typically  ranged from five to  20 acres                                                               
or one to 40 acres.                                                                                                             
                                                                                                                                
MS.  COLLES answered  that it  varies, but  usually, the  parcels                                                               
range from about five to ten acres.                                                                                             
                                                                                                                                
3:43:18 PM                                                                                                                    
SENATOR  KIEHL  noted  that  the committee  passed  a  bill  that                                                               
revised a staking program. He  asked whether these vouchers could                                                               
be  used to  pay for  surveys or  appraisals under  that type  of                                                               
program or if they must be  used solely for the purchase price of                                                               
the land from the state.                                                                                                        
                                                                                                                                
MS.  COLLES  answered the  vouchers  could  be used  towards  the                                                               
purchase  price.   She  stated   that  for  the   current  Remote                                                               
Recreational  Cabin   Sites  Staking   Program,  the   costs  are                                                               
sometimes   included  in   the  purchase   price.  However,   the                                                               
department currently  envisions the  vouchers being used  for the                                                               
purchase price or value of the land.                                                                                            
                                                                                                                                
SENATOR  KIEHL related  his understanding  that the  Alaska State                                                               
Land Sales parcels include the  surveying and appraisal costs. He                                                               
asked whether the vouchers could indirectly cover those costs.                                                                  
                                                                                                                                
MS. COLLES  answered yes. She  stated that the  subdivision sales                                                               
were surveyed,  appraised, and included  in the  purchase amount.                                                               
She  said  the  vouchers  could   not  be  used  for  the  Remote                                                               
Recreational  Cabin Sites  Staking  Program  survey or  appraisal                                                               
costs but  could be  used for the  land purchase  price, reducing                                                               
out-of-pocket expenses for those using vouchers.                                                                                
                                                                                                                                
3:45:04 PM                                                                                                                    
SENATOR  STEVENS asked  if  multiple vouchers  could  be used  to                                                               
purchase land.  He wondered  if family  members or  friends could                                                               
combine vouchers or if only one could be used per purchase.                                                                     
                                                                                                                                
MS. COLLES answered  that the department does not  limit how many                                                               
vouchers could be used to purchase the property.                                                                                
                                                                                                                                
3:45:45 PM                                                                                                                    
SENATOR MICCICHE asked if the  vouchers could be characterized as                                                               
legal tender. He  wondered if someone could  purchase vouchers if                                                               
they wanted to combine vouchers to buy the land.                                                                                
                                                                                                                                
MS.  COLLES deferred  to  the Department  of  Revenue (DOR).  She                                                               
related her  understanding that people could  sell their vouchers                                                               
to other individuals, but she would like to confirm it with DOR.                                                                
                                                                                                                                
3:46:27 PM                                                                                                                    
MR.  FECHTER responded  that the  vouchers were  transferable. He                                                               
acknowledged that  a person could  purchase vouchers  from family                                                               
members, friends,  or strangers. He anticipated  that there would                                                               
be a healthy secondary market for the land vouchers.                                                                            
                                                                                                                                
3:46:57 PM                                                                                                                    
SENATOR KIEHL  asked whether the Division  of Banking Securities,                                                               
Department  of  Commerce,   Community  and  Economic  Development                                                               
(DCCED),  would   consider  the   land  vouchers   as  negotiable                                                               
instruments or regulated securities.                                                                                            
                                                                                                                                
MR. FECHTER  answered that the  Department of  Revenue understood                                                               
that the  vouchers would  not be heavily  regulated or  present a                                                               
significant burden to DCCED.                                                                                                    
                                                                                                                                
3:48:09 PM                                                                                                                    
SENATOR KIEHL  expressed concern  that the  land vouchers  may be                                                               
negotiable instruments  under the state's banking  and securities                                                               
laws and  that implications for  certain people. He  recalled the                                                               
committee  discussed at  its meeting  on January  31, 2022,  that                                                               
Alaskans who  rely on  public assistance  might be  excluded from                                                               
the  necessary  public assistance  if  they  participate in  this                                                               
voucher program.  He expressed further  concern about  the effect                                                               
on  DNR's  Land Disposal  Income  Fund  (LDIF), which  funds  the                                                               
appraisals required to get subdivisions  ready for sale. He noted                                                               
that  DNR's  fiscal  analysis  indicated  that  the  fiscal  note                                                               
reflects an indeterminate  loss to the LDIF.  The committee heard                                                               
a presentation by  the department suggesting that  the bill would                                                               
result in  significantly more land  sales. He predicted  that the                                                               
effect of  these vouchers would  dramatically drain the  fund. He                                                               
wondered  if  it would  be  better  to appropriate  general  fund                                                               
monies to  the LDIF to  create numerous subdivisions  rather than                                                               
issue questionable  vouchers. Doing so would  allow more Alaskans                                                               
to purchase remote cabin sites.                                                                                                 
                                                                                                                                
SENATOR  KIEHL stated  that while  he supports  the environmental                                                               
opportunities for people to buy  vouchers and preserve habitat or                                                               
conservation parcels,  he has many  questions as this  bill moves                                                               
forward.                                                                                                                        
                                                                                                                                
3:51:30 PM                                                                                                                    
SENATOR   MICCICHE  expressed   concern   about   it  not   being                                                               
serviceable,  given the  various plans  for the  PFD calculation,                                                               
including the 50:50  proposal. He referred to page 3,  line 9, to                                                               
subsection  (b) and  asked whether  the  committee should  insert                                                               
"concurrent statutory" on line 10  before permanent fund dividend                                                               
and  remove  the  language  "as  would  be  calculated  under  AS                                                               
43.23.025."  He said  that  by doing  so,  the current  statutory                                                               
formula would work, as would any future statutory language.                                                                     
                                                                                                                                
3:53:00 PM                                                                                                                    
MR.  FECHTER  asked whether  he  was  suggesting adding  language                                                               
related to the current statutory formula.                                                                                       
                                                                                                                                
SENATOR MICCICHE answered yes.                                                                                                  
                                                                                                                                
MR. FECHTER responded that it  would fit well into the governor's                                                               
intent with  SB 84  because it  would give  people the  option of                                                               
receiving  a voucher  that has  a  value close  to the  statutory                                                               
dividend. He  characterized it as  a friendly amendment  that the                                                               
administration would support.                                                                                                   
                                                                                                                                
3:53:47 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:55:09 PM                                                                                                                    
CHAIR REVAK reconvened the meeting.                                                                                             
                                                                                                                                
3:55:22 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Conceptual Amendment 1.                                                                         
                                                                                                                                
                     CONCEPTUAL AMENDMENT 1                                                                                 
                                                                                                                                
     On page 3, line 9, preceding "permanent":                                                                                  
     Insert "current statutory"                                                                                                 
                                                                                                                                
     On page 3, line 9, following "dividend":                                                                                   
     Delete "as would be calculated under AS 43.23.025"                                                                         
                                                                                                                                
3:55:25 PM                                                                                                                    
CHAIR REVAK objected for discussion purposes.                                                                                   
                                                                                                                                
SENATOR  MICCICHE explained  Conceptual  Amendment  1. He  stated                                                               
that the  legislature recognizes  the current  statutory formula.                                                               
However,  if the  formula were  to change  in the  future, SB  84                                                               
would not  work, and the  administration would have to  request a                                                               
statutory change. Conceptual Amendment 1 would remedy it.                                                                       
                                                                                                                                
CHAIR  REVAK  asked  him  to  read the  language  as  revised  by                                                               
Conceptual Amendment 1.                                                                                                         
                                                                                                                                
3:56:19 PM                                                                                                                    
SENATOR MICCICHE  read subsection  (b), as amended  by Conceptual                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
     (b)  Notwithstanding the  amount  appropriated for  the                                                                    
     permanent fund dividend in a  fiscal year, the value of                                                                    
     each state  land voucher must  equal twice that  of the                                                                    
     current  statutory  permanent  fund dividend  for  that                                                                    
     fiscal year if  50 percent of the  income available for                                                                    
     distribution  were  transferred  to the  dividend  fund                                                                    
     under AS 37.13.145(b).                                                                                                     
                                                                                                                                
3:56:40 PM                                                                                                                    
CHAIR REVAK [withdrew his objection.]; he found no further                                                                      
objection, and Conceptual Amendment 1 was adopted.                                                                              
                                                                                                                                
3:57:03 PM                                                                                                                    
SENATOR MICCICHE moved to report SB 84, 32-GS1612\A, as amended,                                                                
from committee with individual recommendations and attached                                                                     
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR REVAK found no objection, and CSSB 84(RES) was reported                                                                   
from the Senate Resources Standing Committee.                                                                                   

Document Name Date/Time Subjects
SB 84 Committee Follow-up 2.8.22.pdf SRES 5/2/2022 3:30:00 PM
SB 84