Legislature(2021 - 2022)ANCH LIO DENALI Rm

06/04/2021 01:00 PM House JUDICIARY

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Audio Topic
01:04:28 PM Start
01:05:43 PM HJR7
03:07:09 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Location Change --
+= HJR 7 CONST. AM: PERM FUND & PFDS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
- Angela Rodell, Chief Exec. Officer, Alaska
Permanent Fund Corp.
- Curtis Thayer, Exec. Dir., Alaska Energy
Authority
- Former Senator Rick Halford
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       Anchorage, Alaska                                                                                        
                          June 4, 2021                                                                                          
                           1:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Liz Snyder, Vice Chair                                                                                           
Representative Harriet Drummond (via teleconference)                                                                            
Representative Jonathan Kreiss-Tomkins (via teleconference)                                                                     
Representative David Eastman (via teleconference)                                                                               
Representative Christopher Kurka                                                                                                
Representative Sarah Vance (via teleconference)                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 7                                                                                                    
Proposing amendments to the Constitution of the State of Alaska                                                                 
relating to the Alaska permanent fund, appropriations from the                                                                  
permanent fund, and the permanent fund dividend.                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR  7                                                                                                                  
SHORT TITLE: CONST. AM: PERM FUND & PFDS                                                                                        
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       STA, JUD, FIN                                                                                          
04/20/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/20/21       (H)       Heard & Held                                                                                           
04/20/21       (H)       MINUTE(STA)                                                                                            
05/04/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/04/21       (H)       Heard & Held                                                                                           
05/04/21       (H)       MINUTE(STA)                                                                                            
05/06/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/06/21       (H)       Moved CSHJR 7(STA) Out of Committee                                                                    
05/06/21       (H)       MINUTE(STA)                                                                                            
05/10/21       (H)       STA RPT CS(STA) 4DNP 2NR 1AM                                                                           
05/10/21       (H)       DNP: CLAMAN, EASTMAN, VANCE, TARR                                                                      
05/10/21       (H)       NR: STORY, KREISS-TOMKINS                                                                              
05/10/21       (H)       AM: KAUFMAN                                                                                            
05/14/21       (H)       FIRST SPECIAL SESSION BILL                                                                             
05/14/21       (S)       FIRST SPECIAL SESSION BILL                                                                             
05/24/21       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
05/24/21       (H)       Heard & Held                                                                                           
05/24/21       (H)       MINUTE(JUD)                                                                                            
05/26/21       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
05/26/21       (H)       Heard & Held                                                                                           
05/26/21       (H)       MINUTE(JUD)                                                                                            
06/02/21       (H)       JUD AT 1:00 PM ANCH LIO DENALI Rm                                                                      
06/02/21       (H)       Heard & Held                                                                                           
06/02/21       (H)       MINUTE(JUD)                                                                                            
06/04/21       (H)       JUD AT 1:00 PM ANCH LIO DENALI Rm                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANGELA RODELL, Chief Executive Officer                                                                                          
Alaska Permanent Fund Corporation                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on CSHJR 7(STA),                                                                      
provided a PowerPoint presentation, titled "The Alaska Permanent                                                                
Fund," dated 6/4/21.                                                                                                            
                                                                                                                                
CURTIS THAYER, Executive Director                                                                                               
Alaska Energy Authority                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing on CSHJR 7(STA),                                                                      
provided a PowerPoint presentation, titled "Power Cost                                                                          
Equalization," dated 6/4/21.                                                                                                    
                                                                                                                                
MIKE BARNHILL, Deputy Commissioner                                                                                              
Department of Revenue                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided testimony and answered questions                                                                
during the hearing on CSHJR 7(STA).                                                                                             
                                                                                                                                
RICK HALFORD                                                                                                                    
Aleknagik, Alaska                                                                                                               
POSITION STATEMENT:  Provided invited testimony pertaining to                                                                 
CSHJR 7(STA).                                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:04:28 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  to order  at 1:04  p.m.   Representatives Drummond  (via                                                               
teleconference),  Snyder,  Kreiss-Tomkins  (via  teleconference),                                                               
Eastman  (via teleconference),  Vance  (via teleconference),  and                                                               
Claman were present  at the call to order.   Representative Kurka                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
               HJR 7-CONST. AM: PERM FUND & PFDS                                                                            
                                                                                                                                
[Contains discussion of SJR 6.]                                                                                                 
                                                                                                                                
1:05:43 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the only order of  business would be                                                               
HOUSE  JOINT  RESOLUTION  NO.  7,  Proposing  amendments  to  the                                                               
Constitution  of  the State  of  Alaska  relating to  the  Alaska                                                               
permanent fund,  appropriations from the permanent  fund, and the                                                               
permanent  fund  dividend.    [Before  the  committee  was  CSHJR
7(STA).]                                                                                                                        
                                                                                                                                
1:06:45 PM                                                                                                                    
                                                                                                                                
[Due to technical difficulties, sound was lost briefly.]                                                                        
                                                                                                                                
1:08:24 PM                                                                                                                    
                                                                                                                                
ANGELA  RODELL, Chief  Executive Officer,  Alaska Permanent  Fund                                                               
Corporation,  provided  a  PowerPoint presentation,  titled  "The                                                               
Alaska  Permanent  Fund" [hard  copy  included  in the  committee                                                               
packet].   She  recalled that  in the  late 1990s,  the generally                                                               
accepted  accounting  principles  changed  to  include  the  fair                                                               
market value concept  into the definition of  income, which meant                                                               
that  the  concept of  unrealized  gains  and  losses had  to  be                                                               
included  as  well.    She  said  that  created  an  "interesting                                                               
conundrum" for the  permanent fund and how it  was accounted for,                                                               
ultimately  leading to  the two-account  structure  that is  used                                                               
today.    She  directed  attention   to  slide  2,  "two  Account                                                               
Structure,"   which  read   as   follows  [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Principal                                                                                                                  
       • is constitutionally established as the permanent                                                                       
     part of the Fund                                                                                                           
         • grows through royalty contributions, special                                                                         
     appropriations, and inflation proofing                                                                                     
     • is to be used only for income-producing investments                                                                      
                                                                                                                                
     Earnings Reserve Account                                                                                                   
     •  is statutorily  established to  hold the  net income                                                                    
     from the Fund's investment portfolio                                                                                       
     • grows through  the receipt of statutory  net income -                                                                    
     monthly cash  inflows from  investments and  net income                                                                    
     from asset sales                                                                                                           
     • is available for Legislative appropriation                                                                               
                                                                                                                                
MS.  RODELL  noted  that  the  principal  account  cannot  shrink                                                               
through changes in market value.                                                                                                
                                                                                                                                
1:10:42 PM                                                                                                                    
                                                                                                                                
MS.  RODELL  continued  to slide  3,  "Principal  Contributions,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     $17.8  Billion Royalty  Deposits  - AS  37.13.010(a)(1)                                                                  
     and (a)(2)                                                                                                               
     The  constitutionally minimum  required 25%  of royalty                                                                    
     proceeds, and the statutorily  mandated deposits of 50%                                                                    
     for leases after 1979.                                                                                                     
                                                                                                                                
     $18.0 Billion Inflation Proofing - AS 37.13.145(c)                                                                       
     The   inflation  proofing   calculation  is   based  on                                                                    
     deposits  into  the  Principal  of  the  Fund  and  the                                                                    
     inflation rate as calculated per statute.                                                                                  
                                                                                                                                
     $11.0    Billion    Special   Appropriations         AS                                                                  
     37.13.010(a)(3)                                                                                                            
     Legislative Deposits from both  the General Fund $2.7 B                                                                    
     and the ERA $8.3 B.                                                                                                        
                                                                                                                                
MS. RODELL  stated that the  principal has  grown as a  result of                                                               
the appropriation activity  that has taken place around  it.  She                                                               
further  noted that  $4 billion  of the  $8.3 billion  in special                                                               
appropriations was the appropriation  that came through in fiscal                                                               
year 2020 (FY 20).                                                                                                              
                                                                                                                                
1:12:28 PM                                                                                                                    
                                                                                                                                
MS. RODELL  proceeded to  slide 4,  "ERA: Statutory  Net Income,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
      AS 37.13.140 (a) directs the net investment earnings                                                                      
      of the Fund to the ERA and excludes unrealized gains                                                                      
     and losses.                                                                                                                
                                                                                                                                
          Statutory Net Income is the direct result of                                                                          
     investment activity, and includes:                                                                                         
        •Monthly cash inflows from stock dividends, bond                                                                        
     interest, and real estate                                                                                                  
       •Realized Capital Gains/Losses: All the net income                                                                       
     (i.e., realized gains minus realized losses) generated                                                                     
     by the sale of investments.                                                                                                
                                                                                                                                
     FY21 as of April 30, 2021                                                                                                  
     •Statutory Net Income = $5,995,200,000                                                                                     
                                                                                                                                
MS. RODELL  pointed out  that the graph  on slide  4 demonstrates                                                               
how  statutory  net  income  (SNI), which  is  how  the  earnings                                                               
reserve  account  (ERA)  grows,   moves  differently  than  total                                                               
return.    She  explained  that the  total  return  reflects  the                                                               
volatility in the market, as  indicated by the yellow line, while                                                               
the SNI  steadily increases after  a withdrawal, as  indicated by                                                               
the black line.  She noted that  as of April 30, 2021, the SNI is                                                               
almost  on par  with 2018  at nearly  $6 billion.   In  2018, the                                                               
increased SNI was  due to a specific asset sale  that generated a                                                               
large  gain  whereas  the current  SNI  in  FY  21  is due  to  a                                                               
rebalancing effort to manage risks appropriately.                                                                               
                                                                                                                                
1:13:55 PM                                                                                                                    
                                                                                                                                
MS. RODELL  advanced to slide  5, "Investment  Management," which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Constitutional and Statutory Mandates                                                                                      
     •Principal provides permanent savings                                                                                      
     •ERA holds the investment income for appropriation                                                                         
     •Prudent rules govern Saving, Spending, and Growth                                                                         
                                                                                                                                
     APFC Stewardship                                                                                                           
     •Quasi-independent                                                                                                         
     •Long-term horizon Prudent Diversification                                                                                 
     •Accountability                                                                                                            
     •Resources                                                                                                                 
                                                                                                                                
MS. RODELL pointed  out that the permanent fund is  managed as if                                                               
it  were one  total  fund; therefore,  the investment  management                                                               
strategy does not  differ for the ERA versus the  principal.  She                                                               
related that investment  allocation is looked at  from a 10-plus-                                                               
year view  rather than day-to-day  or month-to-month.   She added                                                               
that   this  strategy   requires   the   Alaska  Permanent   Fund                                                               
Corporation  (APFC)  to  be  accountable  and  ensures  that  the                                                               
necessary resources are available to work effectively.                                                                          
                                                                                                                                
1:15:30 PM                                                                                                                    
                                                                                                                                
MS.  RODELL  progressed to  slide  6,  "Asset Allocation."    She                                                               
explained that  in 1980, the [investments  were comprised] almost                                                               
entirely of bonds.   In 1983, APFC was allowed  to invest in U.S.                                                               
real  estate   and  stocks,  which   over  time,   expanded  into                                                               
international  markets.    In 2005,  statutes  were  passed  that                                                               
allowed APFC to take more risks  and to invest in private equity,                                                               
absolute return,  and private income.   She reported  that today,                                                               
the  FY  21 target  allocation  is  39  percent stocks  and  [21]                                                               
percent bonds.  She added that  the entirety of assets managed by                                                               
APFC,  including the  Alaska Mental  Health Trust,  ERA, and  the                                                               
principal, are  all invested  in the  asset allocation  with each                                                               
pool of money  owning a pro rata share of  every investment.  She                                                               
reported that reconciliation takes three  to four weeks, as there                                                               
are over 700 accounts with multiple investments.                                                                                
                                                                                                                                
1:17:34 PM                                                                                                                    
                                                                                                                                
MS. RODELL turned  to slide 7, "Resolutions  03-05, 04-09," which                                                               
read as follows [original punctuation provided]                                                                                 
                                                                                                                                
     POMV                                                                                                                       
      •Supporting a constitutional amendment to limit the                                                                       
     annual Fund payout to not more than a 5% POMV averaged                                                                     
     over a period of 5 years.                                                                                                  
       •Implementation of a constitutional POMV spending                                                                        
      limit for the Fund, has the accompanying benefit of                                                                       
     assuring permanent inflation proofing of the Fund.                                                                         
                                                                                                                                
MS.  RODELL explained  that  the  constitutional amendment  under                                                               
current consideration  [CSHJR 7(STA)]  would transition  the fund                                                               
from  a  two-account structure  to  a  single account  structure,                                                               
which  has been  a  priority of  the trustees  since  2000.   She                                                               
reminded the committee  that the accounting rules  changed in the                                                               
late  1990s,  at which  time,  APFC  realized the  importance  of                                                               
holding on to its gains;  therefore, appropriations for inflation                                                               
would  no  longer  be  needed   and  spending  would  be  limited                                                               
naturally  as  result  of  the percent  of  market  value  (POMV)                                                               
structure.                                                                                                                      
                                                                                                                                
1:18:57 PM                                                                                                                    
                                                                                                                                
MS.  RODELL detailed  the fund's  current structure  on slide  8.                                                               
She proceeded  slide 9, which illustrated  the proposed endowment                                                               
structure.   She  explained that  under the  endowment structure,                                                               
all  of  the  funds  that   come  in  would  be  constitutionally                                                               
protected and  remain that  way while  continuing to  be invested                                                               
into  income-producing  investments.     Furthermore,  gains  and                                                               
losses  would  stay  with  the  fund  while  POMV  and  corporate                                                               
expenses  would  move out.    She  emphasized that  the  proposed                                                               
endowment structure is a simpler  and more straightforward way to                                                               
manage the fund.                                                                                                                
                                                                                                                                
1:20:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS pointed  out that  Ms. Rodell  had                                                               
mentioned the  Alaska Mental Health  Trust's pro  rata ownership.                                                               
Further, he referenced an amendment  to the operating budget that                                                               
pertained to other state assets  that could be managed for return                                                               
by APFC.   He questioned the pros and cons  of placing additional                                                               
state accounts  or public assets  under management of  the Alaska                                                               
Mental Health Trust under APFC management.                                                                                      
                                                                                                                                
MS.  RODELL said  APFC  is prepared  to  manage additional  state                                                               
assets should it  be necessary.  She explained  that depending on                                                               
what  the  assets  are,  they   could  be  placed  in  the  asset                                                               
allocation unless  the money  that comes  in has  different usage                                                               
requirements, such as  statutory duration limits.   She said APFC                                                               
could make it work, but it requires resources.                                                                                  
                                                                                                                                
1:24:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   inquired  about  the  costs   that  are                                                               
withdrawn  from   the  fund  by   APFC,  as  well  as   the  POMV                                                               
withdrawals, and their associated timelines.                                                                                    
                                                                                                                                
MS.  RODELL  responded that  the  APFC  operation and  investment                                                               
management  moneys  are  taken in  accordance  with  the  adopted                                                               
budget documents, which  serve as the cap/limitation.   She added                                                               
that APFC  withdraws them throughout  the fiscal year  as needed;                                                               
for  example,   for  APFC's   personal  services,   the  required                                                               
distribution is  taken out of the  ERA every couple of  weeks for                                                               
the purpose of payroll.   Regarding the POMV withdrawal, she said                                                               
that those moneys  are taken out in accordance  with a memorandum                                                               
of understanding  by the Treasury  Division under  the Department                                                               
of Revenue  (DOR).  She  reported that  each year since  the POMV                                                               
statutes were adopted in 2018,  APFC has worked with the Treasury                                                               
Division  to  set up  the  withdrawals  based on  the  division's                                                               
expected  cash  needs.   She  noted  that  the division  has  the                                                               
ability to change those withdrawals.                                                                                            
                                                                                                                                
1:27:20 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  asked if  unrealized  gains  are included  in  the                                                               
calculation of the fund and the ERA's total value.                                                                              
                                                                                                                                
MS. RODELL  answered yes.  She  noted that the next  slide [slide                                                               
10] shows  that figure.  She  added that calculation is  based on                                                               
net market value, which includes unrealized gains/losses.                                                                       
                                                                                                                                
CHAIR  CLAMAN  asked whether  the  change  to the  definition  of                                                               
earnings that  occurred in the  late 1990s impacted how  the fund                                                               
looked at unrealized and realized  gains for purposes of earnings                                                               
versus the principal.                                                                                                           
                                                                                                                                
MS. RODELL explained that it  required the legislature to come up                                                               
with  the  definition  of  SNI  to  better  understand  what  was                                                               
considered income  and what  would be  moved into  the ERA.   She                                                               
said  there  were  times  when   all  of  the  gains/losses  were                                                               
recognized in  the ERA and  a time  when they were  recognized in                                                               
the principal;  however, for the  past few years, they  have been                                                               
shared pro rata  between the two accounts  until they're realized                                                               
due  to the  different  interpretations that  have been  received                                                               
from the  Department of  Law (DOL).   She relayed  that investing                                                               
grew more  sophisticated compared  to what was  contemplated when                                                               
the original  constitutional amendment  was passed,  which became                                                               
part  of the  challenge.   She emphasized  the importance  of the                                                               
POMV structure  to the permanent  fund because it  recognizes all                                                               
the different asset classes that are currently invested.                                                                        
                                                                                                                                
CHAIR   CLAMAN  questioned   whether  the   income  account   was                                                               
originally named the ERA or if it  was given that name at a later                                                               
point in time.                                                                                                                  
                                                                                                                                
MS. RODELL said as long as she  has been aware of it, the account                                                               
has been named the ERA.                                                                                                         
                                                                                                                                
1:31:03 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  asked  whether  the deposit  of  $18  billion  for                                                               
inflation  proofing pursuant  to  AS 37.13.145(c)  has been  made                                                               
every year.                                                                                                                     
                                                                                                                                
MS. RODELL  noted that inflation was  zero in 2010, so  there was                                                               
no  inflation  proofing deposit.    Additionally,  there were  no                                                               
inflation proofing  appropriations in 2017,  2018, and 2019.   In                                                               
FY 20, she  said, the $4 billion  that was moved from  the ERA to                                                               
the  principal had  legislative intent  language to  forward fund                                                               
inflation proofing.   Furthermore, she pointed out  that there is                                                               
no inflation  proofing in the FY  21 budget or either  version of                                                               
the operating budget for FY  22, which is currently in conference                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR  CLAMAN sought  to clarify  that in  2017, 2018,  and 2019,                                                               
there was  inflation; however, the  legislature did not  make the                                                               
deposit pursuant to AS 37.13.145(c).                                                                                            
                                                                                                                                
MS.  RODELL confirmed  [that the  legislature did  not make  that                                                               
deposit in 2017, 2018, and 2019.]                                                                                               
                                                                                                                                
CHAIR  CLAMAN asked  for verification  that the  ERA, because  it                                                               
needs to be available for  appropriation, consists of more liquid                                                               
appropriations  and  may  not  realize  the  same  gains  as  the                                                               
principal.                                                                                                                      
                                                                                                                                
MS.  RODELL said  that is  incorrect.   She explained  that every                                                               
single asset  is owned on  a proportional  pro rata share  by the                                                               
principal,  the ERA,  and the  Alaska Mental  Health Trust.   She                                                               
said  the ERA  has a  long-time horizon  on its  asset allocation                                                               
based on statutory directive.                                                                                                   
                                                                                                                                
CHAIR CLAMAN  questioned whether  sales are made  consistent with                                                               
the asset allocation  or if the liquid assets are  sold when cash                                                               
is needed for state operations.                                                                                                 
                                                                                                                                
MS. RODELL stated  that the POMV structure allows  for the surety                                                               
of knowing what the  cash calls by the state are  going to be, so                                                               
APFC can plan ahead.  She remarked:                                                                                             
                                                                                                                                
     If we  know, for example, we  are going to make  a $480                                                                    
     million payment at the end  of June, as we're receiving                                                                    
     cash  this  month, we'll  hold  on  to it  rather  than                                                                    
     investing it in  the asset allocation in  order to make                                                                    
     that payment, so  that we don't have  to sell something                                                                    
     at a gain or a loss in order to make those payments.                                                                       
                                                                                                                                
MS.  RODELL noted  that 60  percent of  the fund  is invested  in                                                               
highly liquid  stocks and bonds  that could be  liquidated within                                                               
three days.                                                                                                                     
                                                                                                                                
1:35:06 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  referred to slide  6 and  asked how [APFC]  has the                                                               
authority  to change  the asset  allocation and  what legislative                                                               
action allowed that.                                                                                                            
                                                                                                                                
MS.  RODELL  explained  that in  APFC's  enabling  statutes,  the                                                               
legislature included  a specific  list of  allowable investments.                                                               
She expounded that in 1980,  the statutes specified that APFC was                                                               
only allowed to  invest the fund in bonds.   The list was amended                                                               
over the  years to  include investments in  U.S. stocks  and U.S.                                                               
real estate,  for example.   In 2005,  she said, the  statute was                                                               
completely  revised, and  the allowable  list of  investments was                                                               
repealed and replaced by the  prudent investor rule, meaning that                                                               
APFC could  invest in anything  a prude investor of  similar size                                                               
and scope would invest in.   Subsequently, that revision required                                                               
APFC  to  adopt  regulations  outlining the  types  of  allowable                                                               
investments.     She  stated  that  now,   APFC  has  regulations                                                               
outlining  and  defining  their  investments;  additionally,  the                                                               
corporation continues to follow  the prudent investor rule, which                                                               
led to the change in asset classes that appears in FY 21.                                                                       
                                                                                                                                
CHAIR   CLAMAN  concluded   that  in   1980,  [investments   were                                                               
comprised]  entirely  of bonds,  which  changed  over the  years.                                                               
Going  forward, the  legislature  would  periodically change  the                                                               
statute giving  APFC the  authority to invest  in other  types of                                                               
investments.   Finally,  in  2005, APFC  changed  to the  prudent                                                               
investor  rule,   which  gave  APFC's  board   the  authority  to                                                               
establish  regulations  that  established  how  investments  were                                                               
made.                                                                                                                           
                                                                                                                                
MS. RODELL confirmed.                                                                                                           
                                                                                                                                
CHAIR  CLAMAN  surmised  that  APFC  has not  been  back  to  the                                                               
legislature to change that authority since 2005.                                                                                
                                                                                                                                
MS. RODELL said  that's correct.  She said APFC  does not require                                                               
additional authority.                                                                                                           
                                                                                                                                
1:37:41 PM                                                                                                                    
                                                                                                                                
MS. RODELL  resumed the presentation  on slide 10, which  read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Percent of Market Value -AS 37.13.140 (b)                                                                                  
     •Based on market value, rather than realized income                                                                        
     •Subject to annual appropriation                                                                                           
     •Predictable                                                                                                               
        •average market value of the Fund for the first                                                                         
          five of the preceding six fiscal years                                                                                
                                                                                                                                
     5.25% -July 1, 2018, FY19; Effective Rate                                                                                  
     •FY19 POMV $2.72 billion; 4.13%                                                                                            
     •FY20 POMV $2.93 billion; 4.52%                                                                                            
     •FY21 POMV $3.09 billion; ~4.68%                                                                                           
                                                                                                                                
     5.0% -July 1, 2021, FY22; Effective Rate                                                                                   
     •FY22 POMV$3.07 billion; ~4.55%                                                                                            
     •FY23 POMV~$3.21billion; ~4.66%                                                                                            
     •FY24 POMV~$3.29billion; ~4.68%                                                                                            
                                                                                                                                
MS. RODELL explained  that as the fund grows or  has flat growth,                                                               
such as  in FY  21 to  FY 22, the  POMV structure  prevents "wild                                                               
swings" in revenue for the state.                                                                                               
                                                                                                                                
1:38:59 PM                                                                                                                    
                                                                                                                                
MS. RODELL  continued to slide  11, which highlighted  the fund's                                                               
growth from FY 16  to FY 21.  She pointed  out that the principal                                                               
is unable to grow without  support of the special appropriations.                                                               
She  added that  once unrealized  gains in  the principal  become                                                               
realized,  they move  into the  ERA.  She advanced  to slide  13,                                                               
"Callan's Capital Market Projections,"  noting that Callan is the                                                               
board's general  consultant.  She  related that  Callan's 10-year                                                               
projection indicates that the total  fund is expected to generate                                                               
6.75 percent,  which will  decrease to 6.2  percent.   She stated                                                               
that the  forecast suggests  that the fund  will enter  a 10-year                                                               
period  of  much slower  growth,  adding  that  the bulk  of  the                                                               
earnings will  come from private  equity and public equity.   She                                                               
said in  order to run a  diversified portfolio with a  balance of                                                               
risks, there  needs to  be (indisc.)  absolute returns  and fixed                                                               
income.  She  added that at 2.25 percent, bonds  are not going to                                                               
generate much income in return over the next 10 years.                                                                          
                                                                                                                                
1:42:19 PM                                                                                                                    
                                                                                                                                
MS.  RODELL proceeded  to  detail the  fund's  performance as  of                                                               
April 30, 2021, on slide 14.   She informed the committee that to                                                               
date,  the  total fund  is  at  25.02  percent,  which is  a  big                                                               
difference in  performance from 2 percent  in FY 20.   She stated                                                               
that for the  most part, the fund is meeting  all its performance                                                               
benchmarks.      She  highlighted   that  the  board's  long-term                                                               
objective is  to generate 5  percent real return  plus inflation,                                                               
which  at 2.05  percent versus  5.65  percent, was  not met  last                                                               
year.                                                                                                                           
                                                                                                                                
1:43:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  asked how the fund's  performance compares                                                               
to  similar funds  in other  locations.   She questioned  whether                                                               
there are  any lessons the  state could learn from  similar funds                                                               
and  how  Alaska's  fund   performance  benchmarks  an  objective                                                               
matchup with other funds across the nation.                                                                                     
                                                                                                                                
MS. RODELL offered  to follow up with  the requested information.                                                               
She  noted  that Callan  conducts  reviews  of funds  across  the                                                               
country such as endowments, foundations, and pension funds.                                                                     
                                                                                                                                
1:45:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  inquired about  the 5  percent POMV.   He                                                               
recalled that he  had heard the perception that 5  percent is too                                                               
high,  and that  4.25  percent  would be  more  sustainable.   He                                                               
acknowledged that the  state could go forward with  the 5 percent                                                               
POMV and discover that it is  not sustainable.  He noted that Ms.                                                               
Rodell  had  provided  the committee  a  letter  surrounding  the                                                               
"loyalties issue"  and the legislature not  meeting the statutory                                                               
obligations regarding  loyalty and asked whether  she has another                                                               
letter surrounding the inflation proofing  to which the 5 percent                                                               
might be eroding the corpus.                                                                                                    
                                                                                                                                
MS. RODELL  responded that  the concepts of  having a  corpus and                                                               
the need  for inflation-proofing would  have to be  eliminated in                                                               
order to  implement a constitutional  amendment.  She  noted that                                                               
these concepts are in place  due to the two-account structure and                                                               
a requirement  for an  appropriation to put  money back  into the                                                               
principal.   She explained  that the only  way the  principal can                                                               
grow today is  through the action of the legislature.   Under the                                                               
endowment structure  contemplated by HJR  7, she said  that there                                                               
would be  no need for  these concepts.   She identified  that the                                                               
importance  of  the endowment  structure  in  HJR  7 is  that  it                                                               
eliminates the need for these concepts  and there will be no need                                                               
for legislative  action to grow  the fund.  She  emphasized that,                                                               
regarding  inflation-proofing,  it's  important  to  respect  the                                                               
legislative intent language.  She  acknowledged the concerns that                                                               
"inflation will get  away from us" [if  inflation-proofing is not                                                               
present].                                                                                                                       
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether  Ms. Rodell  has a  number                                                               
readily available as  far as what the legislature  could do under                                                               
the  current system  to (indisc.)  inflation-proofing obligations                                                               
already in place.                                                                                                               
                                                                                                                                
MS. RODELL  responded that she  doesn't have the number  in front                                                               
of her  at the  moment but  that she will  follow up  and provide                                                               
that information to the committee.                                                                                              
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  Ms.  Rodell  whether  it  can  be                                                               
expected that, if the 5 percent  figure passes and is revealed to                                                               
be too high,  the corporations will argue for  a lower threshold.                                                               
He asked what she thinks would occur in this situation.                                                                         
                                                                                                                                
MS. RODELL explained that the 5  percent is supported by the data                                                               
on  slide  14  [entitled,   "Performance"]  and  the  projections                                                               
depicted therein  show that it is  a realistic number.   The idea                                                               
is that the growth of the  fund smooths out over time and creates                                                               
more stability for  the fund.  She noted that  APFC has supported                                                               
the 5 percent number for over 20 years.                                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  Ms.   Rodell  whether  the  asset                                                               
allocation currently  includes future contracts  and derivatives,                                                               
and if so, how the assets would be classified.                                                                                  
                                                                                                                                
MS.  RODELL responded  that derivates  and  future contracts  are                                                               
included  and usually  happen  within the  same  portfolio.   She                                                               
offered the  example of  currency exposure,  which would  be done                                                               
through futures contracts.   She noted that all  of the exposures                                                               
listed can be found in APFC's annual report.                                                                                    
                                                                                                                                
1:52:31 PM                                                                                                                    
                                                                                                                                
MS. RODELL resumed  the presentation on slide  16, "Evolving Role                                                               
of  the  Fund,"  which  read  as  follows  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
      Successful SWFs operate within a rules-based system                                                                       
      that allows them to perform a combination of saving,                                                                      
     stabilization, and income-generation functions.                                                                            
                                                                                                                                
      In Alaska, the latter function has come into sharper                                                                      
     focus, as the Fund income supports the State budget in                                                                     
     an era of lower oil revenues.                                                                                              
                                                                                                                                
       This paper proposes a number of reforms that will                                                                        
         strengthen the stability and sustainability of                                                                         
     Alaska's Permanent fund:                                                                                                   
                                                                                                                                
     LESSON # 1: MISSION CLARITY                                                                                                
     LESSON #2: THE IMPORTANCE OF RULES                                                                                         
     LESSON #3: SUCCESSFUL ENFORCEMENT OF SAVING RULES                                                                          
     LESSON #4: DESIGNING A POMV SPENDING RULE                                                                                  
     LESSON #5: REFORMING THE ERA                                                                                               
                                                                                                                                
1:53:14 PM                                                                                                                    
                                                                                                                                
MS.  RODELL  advanced  to slide  17,  "Revenue  Generation,"  and                                                               
acknowledged that this type of  revenue generation [referenced on                                                               
the slide] is  a different concept "culturally"  for everyone and                                                               
it is  not common to think  of the permanent fund  as the primary                                                               
source  of revenue  for the  state.   The slide  read as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Now,  more  than  ever, the  State  is  dependent  upon                                                                    
     APFC's  effective  management  and  investment  of  the                                                                    
     Alaska permanent fund, one  of Alaska's primary sources                                                                    
     of renewable revenue.                                                                                                      
                                                                                                                                
     The  POMV draw  from the  Earnings Reserve  Account now                                                                    
     supports  ~70% of  Alaska's  undesignated general  fund                                                                    
     budget.                                                                                                                    
     APFC's stewardship fulfills dual roles                                                                                     
                                                                                                                                
     Protecting the  Principal of the  Fund for  the benefit                                                                    
     of current and future generations of Alaskans.                                                                             
                                                                                                                                
     Providing a predictable revenue  stream to help balance                                                                    
     the State's budget.                                                                                                        
                                                                                                                                
1:54:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked  Ms. Rodell  if  she  could                                                               
restate the historic  figure of the real return  of the permanent                                                               
fund  [seen on  slide  14, "Performance"],  and  how that  number                                                               
compares to the projections done by Callan.                                                                                     
                                                                                                                                
MS. RODELL  responded that the  Callan's projections  are looking                                                               
at a 4.2 percent  real return for the next 10  years.  She stated                                                               
that the  intention of the APFC  Board of Trustees is  to be able                                                               
to meet  Callan's forecasts.   She acknowledged that it  is going                                                               
to be  a challenge  to meet the  5 percent real  return in  a low                                                               
growth and  slow return environment,  and there is  concern about                                                               
that, but APFC  is not recommending any changes to  the 5 percent                                                               
number.                                                                                                                         
                                                                                                                                
1:58:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked  Ms.   Rodell  what  trustees  would                                                               
consider  when evaluating  whether a  one-time unstructured  draw                                                               
can be taken without undermining the  health of the growth of the                                                               
fund.                                                                                                                           
                                                                                                                                
MS.  RODELL  answered  that  the  trustees  are  adamant  in  the                                                               
recommendation that  there be no  unstructured draws on  the fund                                                               
at all, no matter the size or the  reason.  She said that part of                                                               
the concern is that every  year, if there are unstructured draws,                                                               
the POMV would lose all of its effectiveness.                                                                                   
                                                                                                                                
1:59:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER,  regarding the proposed $3  billion bridge                                                               
draw that's  referred to in  HJR 7,  asked Ms. Rodell  to specify                                                               
the particular losses that would be  incurred with a draw of that                                                               
size.                                                                                                                           
                                                                                                                                
MS. RODELL responded  that it is important to  recognize that the                                                               
role of the APFC is to manage the  assets it has.  She noted that                                                               
the withdrawal would have a cost  impact on the fund.  She shared                                                               
that the  Legislative Finance Division has  run various scenarios                                                               
on potential  losses to give a  sense of their magnitude.   These                                                               
are the decisions that are beyond APFC, she said.                                                                               
                                                                                                                                
CHAIR  CLAMAN announced  that the  committee would  proceed to  a                                                               
presentation  on power  cost equalization  (PCE) from  the Alaska                                                               
Energy Authority (AEA).                                                                                                         
                                                                                                                                
2:01:18 PM                                                                                                                    
                                                                                                                                
CURTIS  THAYER,  Executive  Director,  Alaska  Energy  Authority,                                                               
provided   a   PowerPoint   presentation,  titled   "Power   Cost                                                               
Equalization" [hard copy  included in the committee  packet].  He                                                               
began on slide  2, "Who We Are," which read  as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Created in  1976 by the Alaska  Legislature, the Alaska                                                                    
     Energy Authority  (AEA) is a public  corporation of the                                                                    
     State of Alaska  governed by a board  of directors with                                                                    
     the mission to  "reduce the cost of  energy in Alaska."                                                                    
     AEA is  the state's energy  office and lead  agency for                                                                    
     statewide energy policy and program development.                                                                           
                                                                                                                                
MR. THAYER advanced to slide  3, "Power Cost Equalization," which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     The PCE Program  was established in 1985 as  one of the                                                                    
     components  of   a  statewide   energy  plan   to  help                                                                    
     "equalize"  the  high  cost  of  electricity  in  rural                                                                    
     communities with the lower costs in more urban areas.                                                                      
                                                                                                                                
MR. THAYER advanced to slide 4, "What is PCE?" which read as                                                                    
follows [original punctuation provided]:                                                                                        
                                                                                                                                
        • PCE helps ~82,000 Alaskans in ~200 rural                                                                              
          communities with their high energy costs.                                                                             
        • The program seeks to reduce the high costs of                                                                         
          electricity paid by rural consumers to a level                                                                        
          comparable to an average of rates paid in                                                                             
          Anchorage, Fairbanks, and Juneau.                                                                                     
        • PCE ensures the financial viability of rural                                                                          
          communities.                                                                                                          
        • Reliable lower-cost energy enhances the quality                                                                       
          of life, the standard of living, and the economic                                                                     
          strength of the communities.                                                                                          
                                                                                                                                
2:03:29 PM                                                                                                                    
                                                                                                                                
MR. THAYER proceeded to slide 5, "PCE Eligible-Communities,"                                                                    
which depicted a map of Alaska showing eligible PCE communities,                                                                
and read as follows [original punctuation provided]:                                                                            
                                                                                                                                
        Residential and community facility customers in                                                                         
       approximately 200 communities are eligible for PCE                                                                       
     Credits                                                                                                                    
                                                                                                                                
2:03:57 PM                                                                                                                    
                                                                                                                                
MR. THAYER continued to slide 6, "PCE Program in Fiscal Year                                                                    
2020," which read as follows [original punctuation provided]:                                                                   
                                                                                                                                
     81,700                                                                                                                     
     Alaskans benefited from PCE Credits                                                                                        
     192                                                                                                                        
     Communities were eligible for PCE Credits                                                                                  
     $29.6                                                                                                                      
     In Fiscal Year 2020, $29.6 million was disbursed                                                                           
                                                                                                                                
2:04:27 PM                                                                                                                    
                                                                                                                                
MR. THAYER advanced to slide 7, "PCE Endowment Fund," which read                                                                
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
        • PCE disbursements are funded from the PCE                                                                             
          Endowment Fund.                                                                                                       
       • Created and capitalized in Fiscal Year 2001, the                                                                       
        • PCE Endowment Fund is managed by the Department                                                                       
          of Revenue.                                                                                                           
        • Alaska Statute 42.45.085 provides that five                                                                           
          percent of the PCE Endowment Fund three-year                                                                          
          average market value may be appropriated to the                                                                       
          program.                                                                                                              
                                                                                                                                
MR.   THAYER   moved  to   slide   8,   "PCE  Endowment   History                                                               
(Thousands)," which included a table  that tracked the history of                                                               
PCE from 2016 through 2020.   He noted that the fund is currently                                                               
close to $1.1  billion and has remained  fairly consistent during                                                               
the last five years.                                                                                                            
                                                                                                                                
2:05:59 PM                                                                                                                    
                                                                                                                                
MR. THAYER  stated that  it is  important to  note that  when one                                                               
looks  at the  PCE  endowment  and sees  $1.1  billion [PCE  fund                                                               
balance for 2020], it is not  evident that there has been a large                                                               
amount of money invested by  the state into urban infrastructure,                                                               
which  helps to  lower the  rates  for everyone  on the  Railbelt                                                               
[region in  Alaska].   He added  that AEA  owns and  operates the                                                               
large "hydro"  project in  Alaska, which  provides 10  percent of                                                               
the Railbelt  energy needs.  He  added that it was  the result of                                                               
an investment  from the  state of  $300 million.   He  noted this                                                               
investment  saves  the  Fairbanks  consumers  about  $40  million                                                               
annually on  energy costs.   He reiterated that the  $1.1 billion                                                               
figure  is  misleading  due  to   the  multitude  of  investments                                                               
included in that number, which also include tax credits.                                                                        
                                                                                                                                
2:07:39 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  asked Mr.  Thayer  if  he  could speak  about  the                                                               
governor's proposal  to put  these PCE  funds into  the permanent                                                               
fund and manage it from the permanent fund.                                                                                     
                                                                                                                                
MR.  THAYER  responded  that  this   is  something  a  subsequent                                                               
testifier plans to address, but  that inserting the PCE endowment                                                               
into  the corpus  of the  permanent  fund is  something that  the                                                               
Board of  Directors of  AEA has unanimously  endorsed.   He noted                                                               
that when  legislators decided  not to  reverse the  sweep around                                                               
three  years  ago  and  the  PCE endowment  got  swept  into  the                                                               
constitutional budget reserve, it  caused concern in rural Alaska                                                               
regarding energy  costs.  By  putting the endowment into  a "safe                                                               
place," he shared his understanding  that those concerns would be                                                               
alleviated.                                                                                                                     
                                                                                                                                
CHAIR CLAMAN invited questions from the committee.                                                                              
                                                                                                                                
2:09:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  shared  her understanding  that  nearly                                                               
82,000  Alaskans benefit  from  PCE  credits through  residential                                                               
energy  costs.     She  asked  about  the  cost   of  energy  for                                                               
institutions,  such as  schools, and  whether these  institutions                                                               
benefit from a reduction in energy costs.                                                                                       
                                                                                                                                
MR. THAYER  asked for clarification on  Representative Drummond's                                                               
question.                                                                                                                       
                                                                                                                                
CHAIR CLAMAN  restated the question  and asked  whether community                                                               
groups  or  organizations,  such  as schools,  benefit  from  PCE                                                               
credits.                                                                                                                        
                                                                                                                                
MR.  THAYER stated  that strictly  residential customers  benefit                                                               
from the PCE credits.                                                                                                           
                                                                                                                                
REPRESENTATIVE  DRUMMOND pointed  out  that energy  costs are  so                                                               
high  in schools  that staff  members are  being laid  off.   She                                                               
asked Mr. Thayer what it would  take to extend energy benefits to                                                               
organizations, such  as schools, that  must function in  the same                                                               
high-cost environments  as the residential energy  consumers that                                                               
benefit from the PCE credits.                                                                                                   
                                                                                                                                
MR.  THAYER replied  that it  would take  a statutory  change and                                                               
would  possibly "double  if  not  triple" the  costs  of the  PCE                                                               
program in Alaska.                                                                                                              
                                                                                                                                
2:13:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether there is  an available list                                                               
of  communities  that  are currently  benefitting  from  the  PCE                                                               
credits,  and  what  percentage   of  people  residing  in  those                                                               
communities are receiving the subsidies.                                                                                        
                                                                                                                                
MR.  THAYER  answered  that  the  list  of  currently  benefiting                                                               
communities  is public  information,  along  with other  relevant                                                               
statistics  about these  communities, and  he would  be happy  to                                                               
provide this information to Representative Eastman's office.                                                                    
                                                                                                                                
2:13:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER  explained  that she  reviewed  AEA's  PCE                                                               
program guide,  updated in 2019,  and pointed out that  it states                                                               
that 7 percent  of the 3-year monthly average  market value could                                                               
be  appropriated.   She asked  Mr. Thayer  whether this  has been                                                               
updated in statute, as that that number is 5 percent now.                                                                       
                                                                                                                                
MR. THAYER said  the information that he has  also identifies the                                                               
5 percent standard.                                                                                                             
                                                                                                                                
REPRESENTATIVE  SNYDER  referred  to  slide  8  of  Mr.  Thayer's                                                               
presentation  [titled, "PCE  Endowment History  (Thousands)"] and                                                               
asked  if he  could  speak  about 2019  and  2020 "transfers  and                                                               
appropriations to other funds."                                                                                                 
                                                                                                                                
MR.  THAYER replied  that  in  FY 19,  under  statute, the  first                                                               
(indisc.)  is May  1, and  then up  to $30  million in  community                                                               
assistance is  provided.   He added that  if there  is additional                                                               
revenue generated from  that, it would be (indisc.),  or it would                                                               
go  into the  powerhouse upgrades.   In  this example,  two years                                                               
later,  $30  million was  available.    In  2020, there  was  $14                                                               
million allocated  by the legislature for  non-rural investments,                                                               
he  explained, with  around  $7  million to  $8  million of  that                                                               
investment  going to  the Department  of Corrections  (DOC).   He                                                               
offered  to provide  a breakdown  of the  FY20 statistics  to the                                                               
committee.                                                                                                                      
                                                                                                                                
2:17:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  asked for a  description of AEA's  past and                                                               
future  plans for  energy  solutions,  specifically the  original                                                               
purpose of the  endowment, and if there are any  plans for energy                                                               
solutions beyond subsidies in the future.                                                                                       
                                                                                                                                
MR. THAYER replied that the  endowment was originally established                                                               
to help lower  the cost of power in rural  Alaska through the PCE                                                               
program.   The AEA as an  entity intends to continue  to look for                                                               
ways to  lower the cost of  power in rural Alaska  with renewable                                                               
energy.   He  noted that  these rural  communities are  often far                                                               
apart, not connected  by a grid, and lack the  ability to receive                                                               
energy via  hydro power.   For these  reasons, the  "backbone" of                                                               
rural Alaska  continues to be diesel,  which requires powerhouses                                                               
in order to  have the most efficient diesel  program as possible.                                                               
He reiterated that the PCE  program was established to help lower                                                               
those costs,  and the endowment  intends to help rural  Alaska to                                                               
offset the costs of higher energy.                                                                                              
                                                                                                                                
CHAIR  CLAMAN noted  that the  committee would  now hear  invited                                                               
testimony from Mike Barnhill of the Department of Revenue.                                                                      
                                                                                                                                
2:20:47 PM                                                                                                                    
                                                                                                                                
MIKE BARNHILL, Deputy Commissioner,  Department of Revenue (DOR),                                                               
noted  that  for  the  purpose  of his  testimony,  he  would  be                                                               
referring to  CSSJR 6(JUD),  which proposed  that the  balance of                                                               
the PCE endowment fund on June  30, 2023, would be transferred to                                                               
the principal of the permanent  fund and would be co-mingled with                                                               
the  assets  of   the  permanent  fund.    It   also  proposes  a                                                               
constitutional  dedication  of  revenue  from  (indisc.)  to  the                                                               
purposes of  power cost equalization  in the state.   He directed                                                               
attention to  language on  page 2 [lines  7-11] of  CSSJR 6(JUD),                                                               
which read as follows:                                                                                                          
                                                                                                                                
     (d)  Each year,  the  legislature  shall appropriate  a                                                                    
     portion of  the amount  appropriated under (b)  of this                                                                    
     section  for   power  cost  equalization.   The  amount                                                                    
     appropriated shall be the  amount necessary to equalize                                                                    
     the  cost of  power in  the State,  according to  State                                                                    
     law, but  may not  exceed fifty  percent of  the amount                                                                    
     appropriated under (b) of this section.                                                                                    
                                                                                                                                
MR. BARNHILL  explained that this  is a  mandatory representation                                                               
of  PCE, the  details of  which are  intended to  be provided  by                                                               
legislators through statute.                                                                                                    
                                                                                                                                
CHAIR CLAMAN invited questions from the committee.                                                                              
                                                                                                                                
2:23:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA shared his  understanding that PCE funds are                                                               
used  for the  purpose of  infrastructure projects  to lower  the                                                               
cost  of energy.    He stated  that  it seems  to  him that  this                                                               
proposal  would preclude  [the energy  cost saving  measure] from                                                               
happening  by "locking  up" the  fund  in the  constitution.   He                                                               
whether this is correct.                                                                                                        
                                                                                                                                
MR.  BARNHILL explained  that the  details of  the implementation                                                               
process would  be specified  by the legislature  in statute.   He                                                               
shared  his understanding  that  (indisc.)  wouldn't "offend  the                                                               
language" in the constitution as proposed.                                                                                      
                                                                                                                                
REPRESENTAIVE  KURKA noted  Mr. Barnhill's  earlier comment  that                                                               
the PCE  fund would be  co-mingled with  the permanent fund.   He                                                               
asked what the  long-term consequences of that might  be in terms                                                               
of  contributions   to  future  dividends,  and   what  would  be                                                               
preventing the endowment from pulling  from the (indisc.) fund at                                                               
large.                                                                                                                          
                                                                                                                                
MR.  BARNHILL offered  clarification  that if  the PCE  endowment                                                               
fund  balance  were  to  be deposited  and  co-mingled  with  the                                                               
permanent fund balance,  there would no longer be  a separate way                                                               
to  track the  balance  of  each fund;  it  would  simply be  the                                                               
permanent fund.   In  exchange, an  important change  is proposed                                                               
for  the constitution,  and  that is  (indisc.)  dedication.   He                                                               
noted  that  currently,  the  only   revenue  dedicated  that  is                                                               
proposed  in the  constitution is  25 percent  (indisc.) that  is                                                               
dedicated to the  principal of the permanent fund.   He explained                                                               
that this  would be  a new dedication  for which  the legislature                                                               
would specify  the details,  and the  revenue would  be dedicated                                                               
from  the   permanent  fund  for   the  purpose  of   power  cost                                                               
equalization.  He  reiterated that the two  accounts would become                                                               
one and would no longer be separately trackable.                                                                                
                                                                                                                                
REPRESENTATIVE  KURKA stated  that it  seemed to  him that  would                                                               
make the PCE appropriation an  unstructured draw.  He argued that                                                               
[the legislature] does  not know what the dollar  amount would be                                                               
if (indisc.) could grow (indisc.).                                                                                              
                                                                                                                                
MR.  BARNHILL  said the  revenue  dedication  happens within  the                                                               
context of the POMV distribution.   In other words, he continued,                                                               
it is a portion of that,  so it is entirely within the structured                                                               
draw  that is  established,  and CSSJR  6(JUD)  indicates that  5                                                               
percent (indisc.) of the permanent fund.                                                                                        
                                                                                                                                
2:27:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA pointed  out  that when  one  looks at  the                                                               
Constitution [of the State of  Alaska], the rights, benefits, and                                                               
privileges  are for  all Alaskans.   He  recognized the  original                                                               
purpose of  the PCE endowment in  the fund is to  bring a balance                                                               
towards  government  investment   for  infrastructure  for  rural                                                               
communities.  He  opined that this would be a  dramatic change in                                                               
the  nature of  the constitution  because [the  legislature would                                                               
be] enshrining  a subsidy program  that is selective  for certain                                                               
regions of the state, for  select Alaskans, not for all Alaskans.                                                               
He expressed  concern about  going down  the road  of segregating                                                               
people  and  treating  them differently  and  having  that  major                                                               
departure from current (indisc.)                                                                                                
                                                                                                                                
MR. BARNHILL  replied that  the governor  has suggested  that the                                                               
legislature consider the policy,  and if the legislature supports                                                               
it by a super-majority, it would  be placed before the people for                                                               
consideration  in  amending  the constitution.    Ultimately,  he                                                               
said, the  constitution reflects the  will of the people  and, if                                                               
the people decided  to achieve equality or  equalization in power                                                               
costs throughout  the state, that is  a fair topic to  take up in                                                               
the constitution.                                                                                                               
                                                                                                                                
2:30:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said currently,  the PCE is  addressed in                                                               
statute (indisc.) reference to in  the constitution.  He asked if                                                               
CSSJR  6(JUD)  were  to  pass, which  would  add  this  dedicated                                                               
appropriation  to   the  constitution,   would  that   create  an                                                               
entitlement to the constitution.                                                                                                
                                                                                                                                
MR. BARNHILL  expressed that  his preference is  to use  the word                                                               
dedication, because  that is what it  creates.  He said  he would                                                               
leave  it  to  others  to  decide if  it  also  falls  under  the                                                               
characterization  of  an  entitlement.     But,  he  said,  as  a                                                               
constitutional dedication  of revenues to  a purpose, it  has the                                                               
force of  constitutional law, which presumably  could be enforced                                                               
by  the courts.   He  noted that  the language  as drafted,  said                                                               
"shall appropriate"; therefore, it  cannot be circumvented by the                                                               
legislature.                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  sought to  clarify whether  the intention                                                               
of  the  governor,  through  CSSJR   6(JUD),  was  to  create  an                                                               
expectation of  a subsidy.  He  asked if the legislature  were to                                                               
maintain or  update the statutes, what  is to stop a  person from                                                               
coming  in and  saying  that  the expectation  is  bigger in  the                                                               
future than  [what is]  currently under  statute.   He maintained                                                               
that [the  current] language in CSSJR  6(JUD) is very broad.   He                                                               
stated  his  understanding  that  the language  in  CSSJR  6(JUD)                                                               
indicates  that the  law  is going  to explain  how  the cost  of                                                               
energy is  balanced throughout  the state.   He noted  that there                                                               
are  only 191  communities that  are currently  in that  program;                                                               
nonetheless, he said he could  see someone going to court because                                                               
his/her costs are higher than  the community next door, so he/she                                                               
might want to be part of the program.                                                                                           
                                                                                                                                
MR.   BARNHILL   suggested   that  Representative   Eastman   was                                                               
proceeding into  legal areas to  which the  DOL could speak.   He                                                               
offered his belief that in  this particular case, the court would                                                               
draw  from  the fact  that  PCE  has  been  in statute  for  some                                                               
decades.    He  said  the  court  would  probably  interpret  the                                                               
constitutional  provision  from  the  statutory  history  to  the                                                               
extent that it  appears the people sought  to constitutionalize a                                                               
particular program.                                                                                                             
                                                                                                                                
REPRESENTATIVE EASTMAN  surmised that  the governor's  intent was                                                               
to  add what  [is currently  in statute]  into the  constitution;                                                               
therefore,  he stated  his belief  that the  language in  [SJR 6]                                                               
would not  be so broad.   He suggested discussing that  with DOL.                                                               
He  questioned  what would  happen  to  the community  assistance                                                               
program,  asking   if  that   would  go   away  under   this  new                                                               
constitutional plan.                                                                                                            
                                                                                                                                
MR. BARNHILL  clarified that the community  assistance program is                                                               
separate from  the constitutional resolution.   He explained that                                                               
currently,  it is  funded  by PCE.   He  added  that funding  the                                                               
program  in  the  future  would   remain  a  prerogative  of  the                                                               
legislature's appropriation  power.   It is  the administration's                                                               
expectation, he  answered, that the community  assistance program                                                               
would continue in its current form and continue to be funded.                                                                   
                                                                                                                                
2:35:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  asked if  the legislature  were to  do the                                                               
POMV  draw  with a  50/50  split  between  the dividend  and  the                                                               
government,  which  would  require satisfying  the  PCE  payment,                                                               
would that result in a lower  amount of money being available for                                                               
government  services if  [the PCE  fund and  the permanent  fund]                                                               
were combined as opposed to separate.                                                                                           
                                                                                                                                
MR. BARNHILL replied that the  amount that would (indisc.) be for                                                               
PCE  would essentially  be what  the legislature  decided through                                                               
statute and  appropriations.  He explained  that the constitution                                                               
requires amounts  sufficient to  equalize power.   He  added that                                                               
the  legislature decides  what that  amount  is, so  it could  be                                                               
greater or less than the amount  today.  He reiterated that it is                                                               
committed to  legislative discretion, and the  balance of funding                                                               
available  to provide  funding for  PCE  is the  same before  and                                                               
after.    In other  words,  he  stated,  there  is money  in  the                                                               
permanent fund that  distributes POMV that would be  added to the                                                               
balance of the PCE  fund, which is $1 billion.  He  said it is up                                                               
to  the legislature  to decide  whether to  do it  formulaically,                                                               
like  it does  now.   He concluded  that it  would be  up to  the                                                               
legislature to implement that through statute.                                                                                  
                                                                                                                                
REPRESENTATIVE SNYDER pointed out  that now, [the legislature] is                                                               
in a situation where it is  drawing from the same funds and doing                                                               
a 50/50  split; further,  it is funding  both government  and PCE                                                               
from that split.   She added, "Had the calculations  been done to                                                               
compare  if   there  is  any   difference,  however   small,  the                                                               
distribution would be, if PCE maintained its own fund.                                                                          
                                                                                                                                
MR. BARNHILL said if he understood  her correctly, in order to do                                                               
that,  [the legislature]  would  have to  maintain some  internal                                                               
separate  balance for  the PCE  fund once  it's shifted  into the                                                               
permanent fund, because  right now, the PCE endowment  fund has a                                                               
POMV  structure  similar  to  what  is  being  proposed  for  the                                                               
permanent  fund in  the  constitution.   He  explained that  [the                                                               
formula] is  5 percent  of a three-year  market value  average of                                                               
the  fund. In  order  to  maintain that  formula,  he said,  [the                                                               
legislature]  would have  to maintain  some internal  balance for                                                               
the  PCE fund  once it  was  deposited into  the permanent  fund.                                                               
Alternatively, he  offered, [the legislature] could  come up with                                                               
a  formulaic approach  that would  divide  the POMV  distribution                                                               
every  year, which  is intended  to equate  to what  is currently                                                               
[being calculated by]  the statutory formula.   He suggested that                                                               
there are mathematical ways of  achieving a similar number before                                                               
and after the deposit.                                                                                                          
                                                                                                                                
2:40:04 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN recalled  earlier testimony  from Ms.  Rodell about                                                               
APFC  managing  the Alaska  Mental  Health  Trust funds  and  how                                                               
essentially, they  are mixed, but  they are also segregated.   He                                                               
said APFC knows  how much is allocated towards  the Alaska Mental                                                               
Health Trust.   He then  asked if  [the governor] is  proposing a                                                               
similar  proposal  for  the  PCE.   He  suggested  using  similar                                                               
structure in  which [APFC] manages the  money in the same  way as                                                               
the   Alaska  Mental   Health  Trust   with  certain   percentage                                                               
allocation of  the total  value of the  permanent fund,  which is                                                               
managed by  the PCE.   He added that  big dollars are  managed by                                                               
the fund  but still  kept separate from  both the  permanent fund                                                               
monies and the Alaska Mental Health Trust monies.                                                                               
                                                                                                                                
MR. BARNHILL  said he  has not speculated  why the  proposal does                                                               
not do  that.  He stated  that perhaps, [there are]  reasons that                                                               
[the legislature] could spend more  or less than (indisc.) today.                                                               
He relayed  that by not  continuing the statutory formula  in its                                                               
current form,  it provides  greater legislative  flexibility with                                                               
respect to appropriation for PCE.   He noted that the flexibility                                                               
is governed by the "shall"  language in this measure, which could                                                               
result  in a  greater or  smaller amount  of money  available for                                                               
PCE, as long as it complied with the "shall" amount necessary.                                                                  
                                                                                                                                
CHAIR  CLAMAN  considered a  scenario  in  which the  legislature                                                               
wanted  to treat  the  PCE fund  like other  funds,  such as  the                                                               
Alaska Mental  Health Trust  funds, and  let [APFC]  manage those                                                               
funds,  but also  keep them  on  their own  in the  same way  the                                                               
Alaska  Mental  Health  Trust  funds   are  on  their  own.    He                                                               
questioned whether [the legislature]  would need a constitutional                                                               
change to do that by statute today.                                                                                             
                                                                                                                                
MR.  BARNHILL confirmed  that the  legislature could  do that  by                                                               
statute today.   He remarked that the benefit  of [APFC's] method                                                               
is  that it's  not maintaining  separate massive  allocations for                                                               
the three accounts.                                                                                                             
                                                                                                                                
CHAIR  CLAMAN  interjected,   concluding  that  essentially,  the                                                               
legislature would be creating a fourth account.                                                                                 
                                                                                                                                
MR. BARNHILL continued by noting  that as more accounts are added                                                               
to  the permanent  fund, a  potential issue  would arise  wherein                                                               
[the accounts] may need different  asset allocations because they                                                               
have   different  risk   preferences  and   different  investment                                                               
horizons.   He posited that  if the  decision were that  the risk                                                               
preferences,  risk tolerances,  and  investment horizons  amongst                                                               
the permanent fund,  the Alaska Mental Health Trust,  and the PCE                                                               
fund are  the same,  [the legislature] could  co-mingle it  as it                                                               
did today.                                                                                                                      
                                                                                                                                
2:44:28 PM                                                                                                                    
                                                                                                                                
RICK  HALFORD,  former  Senate  President  in  the  Alaska  State                                                               
Legislature,  informed  the  committee   of  his  background  and                                                               
provided a  history of the permanent  fund and the dividend.   He                                                               
stated  that he  came to  Alaska in  the mid-1960s  and graduated                                                               
from Alaska  Methodist University  (AMU) in 1968.   Subsequently,                                                               
he went into the National  Guard and became the owner/operator in                                                               
an air-taxi business, as well as a  guide.  He shared that he was                                                               
originally elected  to the [Alaska  House of  Representatives] in                                                               
1978 and  was the House  Majority Leader when the  final dividend                                                               
passed in  1981.  He  was elected to  the Alaska State  Senate in                                                               
1982, where he  was the Senate Minority Leader for  one term, the                                                               
Senate Majority Leader for four  or five terms, Senate president,                                                               
and a Senate Finance Committee Co-Chair.                                                                                        
                                                                                                                                
MR. HALFORD opined that some  people who advocate for the history                                                               
of  the   permanent  fund  think   [the  legislators   who  first                                                               
implemented   the   fund]   are   smarter   than   [the   current                                                               
legislators]; however, he  claimed that that it  is the opposite.                                                               
He pointed out that [the  current legislature] has forty years of                                                               
information and history  and the ability to carry  the Library of                                                               
Congress in [its  pocket].  He declared that he  is very grateful                                                               
that  [past  legislatures] were  able  to  pass  on some  of  the                                                               
largess.                                                                                                                        
                                                                                                                                
MR. HALFORD said [the permanent  fund] is a very important asset.                                                               
He  recalled that  Alaska had  a fairly  aggressive state  income                                                               
tax.   He said  [the state] was  behind on a  lot of  things, but                                                               
Alaska  was getting  the income  tax and  about one-third  of the                                                               
value of  the oil.   Today,  he declared, [Alaska]  is in  a very                                                               
different situation.                                                                                                            
                                                                                                                                
2:47:05 PM                                                                                                                    
                                                                                                                                
MR. HALFORD mentioned  that former Governor Jay  Hammond is given                                                               
a lot  of credit for  [the establishment of] the  permanent fund,                                                               
adding that  he certainly  deserves it  "in the  political push."                                                               
Nonetheless, he  noted, Elmer Rasmuson  was a huge factor  in how                                                               
it was  organized and how it  worked.  He said  Mr. Rasmuson went                                                               
around the state  trying to get people to decide  what it was for                                                               
and there  was never agreement.   It is written in  the permanent                                                               
fund papers,  he cited,  that the  only agreement  was to  have a                                                               
savings  account.   He stated  that people  have added  a lot  of                                                               
intent that really wasn't there.                                                                                                
                                                                                                                                
MR. HALFORD said that initially,  people who opposed the creation                                                               
of the permanent fund  were very quick to say that  it was a loan                                                               
fund, or  they meant  it was  a subsidy to  the government,  or a                                                               
dividend fund,  [amongst other suggestions].   He reiterated that                                                               
there was no agreement  on what it was for.   He then deferred to                                                               
Chair Claman for questions.                                                                                                     
                                                                                                                                
2:48:42 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN inquired about the  history of dividend formula.  He                                                               
asked Mr.  Halford to  divulge more  about the  original dividend                                                               
formula and  what changes  the legislature  made, both  while the                                                               
Zobel lawsuit  was pending  and before the  decision, as  well as                                                               
what happened after that decision.                                                                                              
                                                                                                                                
MR. HALFORD  said the  original formula  gave [Alaskans]  a share                                                               
for  every year  since statehood  using a  differential residency                                                               
formula that  was struck down in  the Supreme Court.   He offered                                                               
his belief  that in  1981, the  legislature passed  what Governor                                                               
Hammond  considered   "the  backup  formula,"  which   was  equal                                                               
dividends for everyone.                                                                                                         
                                                                                                                                
MR. HALFORD said there were  parts [of the dividend negotiations]                                                               
that were contentious, such as  the inclusion of minors, welfare,                                                               
hold  harmless,  and  inflation-proofing.     He  explained  that                                                               
looking  back,  the  repeal  of the  state  income  tax  probably                                                               
represented  a dividend  of  $100,000  per year  to  the top  one                                                               
thousand taxpayers in the state of  Alaska.  He recalled that the                                                               
first  dividend was  $1,000, which  was intended  to make  up for                                                               
three years  that [the  legislature] was in  court.   After that,                                                               
the dividend went down to  $300-$400.  Today, that dividend would                                                               
be  somewhere   over  $3,000,  he  suggested,   if  factored  for                                                               
inflation.  He  explained that it wasn't easy  to make decisions,                                                               
with regard  to minors and  the hold  harmless aspect.   He added                                                               
that it  had to be  looked at in  the context of  everything else                                                               
going on.   He noted that  [the state] was spending  huge amounts                                                               
of money on  housing subsidies that, in some cases,  were as much                                                               
as  $15,000 to  $20,000 a  year to  people that  could afford  to                                                               
build very expensive houses.                                                                                                    
                                                                                                                                
2:51:41 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN stated  his understanding that after  the passage of                                                               
the  first permanent  fund constitutional  amendment, there  were                                                               
some  efforts  to pass  other  constitutional  amendments in  the                                                               
early 1980s  to provide  more structure  in the  constitution for                                                               
the  permanent fund.    He  asked Mr.  Halford  to discuss  those                                                               
efforts.                                                                                                                        
                                                                                                                                
MR. HALFORD said  in the late 1980s, there was  a serious bump in                                                               
the price of  oil and the state's income.   Jay Hammond was still                                                               
alive, he noted,  and the Senate put together a  package that was                                                               
sent to  the House.   He  explained that  the package  included a                                                               
constitutional  spending  limit  update,   the  creation  of  the                                                               
constitutional  budget  reserve  [CBR],   and  a  permanent  fund                                                               
allocation  amendment, which  the Senate  called "40/30/30."   He                                                               
indicated that the  plan specified that 40 percent  of the income                                                               
went to dividends, which matched  what the actual amount going to                                                               
dividends was  at that time.   He noted that because  the balance                                                               
was going up rapidly, it was based on a five-year average.                                                                      
                                                                                                                                
MR. HALFORD  said the package passed  the Senate and went  to the                                                               
House, but the  House passed the CBR with a  floor amendment that                                                               
increased  the required  two-thirds majority  to a  three-fourths                                                               
majority  and did  not  pass  either the  spending  limit or  the                                                               
constitutional amendment with regard to  the permanent fund.  So,                                                               
he  said,  it has  been  a  continuous  debate.   At  that  time,                                                               
Governor Bill Sheffield had been  elected after Governor Hammond.                                                               
He recalled that the first  place Governor Sheffield wanted to go                                                               
for  shortages was  the permanent  fund system;  however, because                                                               
that was  so unpopular, he didn't  do it.  Mr.  Halford then said                                                               
that  Governor Steve  Cowper offered  an  education endowment  to                                                               
sideline some  of the permanent fund's  income.  He said  that if                                                               
that had happened,  the permanent fund would be  worth about half                                                               
of what it  is worth today.  Governor Hickel,  he continued, said                                                               
that he  would go to the  ballot before he did  anything, as well                                                               
as Governor Tony Knowles.                                                                                                       
                                                                                                                                
2:55:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN inquired about the "40/30/30" plan.                                                                                
                                                                                                                                
MR.  HALFORD  replied that  the  legislature  had maintained  the                                                               
realized  income  formula.    He  said  it  was  30  percent  for                                                               
inflation  proofing, 30  percent  for government  appropriations,                                                               
and 40 percent for dividends.                                                                                                   
                                                                                                                                
2:55:40 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN inquired  as to  the role  of the  dividend in  the                                                               
structure of Alaska's government today.                                                                                         
                                                                                                                                
MR. HALFORD replied it is a  huge benefit.  He stated that Alaska                                                               
has become very fortunate with all  the oil value, adding that if                                                               
Alaska is an owner-state, the  shares of that ownership should be                                                               
equal.   One of  the things  that is not  pointed out  enough, he                                                               
argued, is that there is not  significant tax money in any of the                                                               
permanent fund  system; it is ownership  money.  If Alaska  is an                                                               
owner-state  with  owner-individuals,   he  continued,  then  the                                                               
ownership should  be just  as important to  somebody who  holds a                                                               
sign standing by Northern Lights  Boulevard as somebody else.  He                                                               
stated that  it is not  tax money, and it  never has been  in any                                                               
significant  amount;  furthermore,  it  is not  taking  from  one                                                               
person  to give  to  another person.   He  explained  that it  is                                                               
sharing  the common  property resources  of an  owner-state.   He                                                               
opined  that when  dealing with  non-renewable  resources, it  is                                                               
important  to make  a serious  effort to  look out  for not  just                                                               
oneself, but [future generations].                                                                                              
                                                                                                                                
2:57:16 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  questioned how to balance  protecting the principal                                                               
of the fund with paying a dividend.                                                                                             
                                                                                                                                
MR.  HALFORD  opined that  eventually,  the  statutory POMV  will                                                               
become  unconstitutional when  the reserve  is gone,  because one                                                               
cannot reduce  the value of  the principal.   He said that  is at                                                               
stake in this equation.  He  offered his belief that the solution                                                               
must be a  constitutional solution, which would  bring the people                                                               
into a final decision.                                                                                                          
                                                                                                                                
MR.  HALFORD said  the permanent  fund must  be permanent,  which                                                               
means  whatever  percentage  or mechanism  the  legislature  uses                                                               
should never  reduce the  real value  of the  fund.   Further, he                                                               
stated his  belief that it must  be connected to the  people.  He                                                               
recalled that  when an  elementary student  used to  announce the                                                               
[annual] amount  of the PFD  on television, people did  not argue                                                               
if  it went  down because  they recognized  it was  following the                                                               
market.  He said  they felt included in the process.   He went on                                                               
to state  that power, position,  age, and longevity all  help the                                                               
rich get richer  and the poor get poorer.   He declared that [the                                                               
legislature] tried  to circumvent that  as much as it  could with                                                               
the PFD, the  hold harmless provision, and  the minors' provision                                                               
-  and it  worked.   He said  according to  data, the  difference                                                               
between  the  rich  and  the  poor in  Alaska  did  not  grow  as                                                               
astronomically as it did in the rest of the country.                                                                            
                                                                                                                                
CHAIR CLAMAN invited questions from the committee.                                                                              
                                                                                                                                
3:00:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SNYDER  pointed   out  that   Mr.  Halford   had                                                               
acknowledged  the utility  and importance  of constitutionalizing                                                               
the permanent fund  and putting it before the people  as a way to                                                               
finalize  this ongoing  conversation.   She asked  if that  would                                                               
include  specifying  within  the  constitution how  it  would  be                                                               
divided between the dividend and government services.                                                                           
                                                                                                                                
MR. HALFORD  noted that  the governor  proposed the  50/50 [plan]                                                               
and the  5 percent  [POMV draw  limit].  He  said the  50/50 plan                                                               
sounds  good but  expressed  concern  about the  5  percent.   He                                                               
suggested wording  the 50/50 plan  as follows:   "No more  may be                                                               
appropriated for  government than is appropriated  to individuals                                                               
through  an  equal  dividend."    He said  that  would  give  the                                                               
legislature a defense  against an entitlement argument.   He went                                                               
on to state that  Alaska is "spoiled."  He said  there has been a                                                               
complete  generation [that  didn't  have to  pay for  government]                                                               
because  the  cost was  going  somewhere  else.   Now,  he  said,                                                               
[Alaskans] must recognize  that they should have to  pay for part                                                               
of it; furthermore,  they should make certain they  are getting a                                                               
fair share  of resources.   He said Alaska  will have to  look to                                                               
its savings.   He then argued that everyone has  their own budget                                                               
priorities  and   will  defend   the  dividend  until   they  are                                                               
personally going to see  a cut.  He noted that  those in high tax                                                               
brackets  believe that  the  dividend is  their  tax money  going                                                               
somewhere else.  Alaska must face  all these issues, he said, but                                                               
it  never will  until the  PFD and  the fund  itself are  off the                                                               
table.   He  offered his  belief that  people could  go backwards                                                               
over  time  with  court  participation  and  destroy  the  entire                                                               
system.                                                                                                                         
                                                                                                                                
3:04:40 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN said  he didn't  know about  the 40/30/30  plan and                                                               
asked if  there is merit  to including inflation-proofing  in the                                                               
calculation.                                                                                                                    
                                                                                                                                
MR.  HALFORD offered  his belief  that  [the legislature]  should                                                               
include inflation-proofing,  particularly with a  realized income                                                               
formula.   He suggested  that [the  legislature] could  include a                                                               
provision that  said, "Every 'X'  year, the inflation  rate shall                                                               
be adjusted to  whatever the real inflation rate is."   He stated                                                               
that the  term "permanent," which  went before the  voters, means                                                               
just what  it says.  He  argued that it  is a lie to  tell people                                                               
they have a permanent fund if inflation "eats" it.                                                                              
                                                                                                                                
CHAIR CLAMAN thanked  Mr. Halford for taking the  time to testify                                                               
before the committee.                                                                                                           
                                                                                                                                
3:06:39 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that CSHJR 7(STA) was held over.                                                                         
                                                                                                                                
3:07:09 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:07 p.m.