Legislature(2023 - 2024)DAVIS 106

05/10/2023 06:00 PM House WAYS & MEANS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 194 CONSENSUS ESTIMATING CONFERENCES; BUDGET TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 107 PERMANENT FUND DIVIDEND; POMV SPLIT TELECONFERENCED
Moved HCS CSSB 107(W&M) Out of Committee
-- Public Testimony --
+= HJR 7 CONST AM: PERMANENT FUND DIVIDEND TELECONFERENCED
Moved CSHJR 7(W&M) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                          May 10, 2023                                                                                          
                           6:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ben Carpenter, Chair                                                                                             
Representative Jamie Allard                                                                                                     
Representative Tom McKay                                                                                                        
Representative Kevin McCabe                                                                                                     
Representative Cathy Tilton                                                                                                     
Representative Andrew Gray                                                                                                      
Representative Cliff Groh                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Senator Robert Myers                                                                                                            
Senator Shelley Hughes                                                                                                          
Representative Craig Johnson                                                                                                    
Representative Julie Coulombe                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 107(FIN)                                                                                                 
"An  Act  relating to  the  Alaska  permanent fund;  relating  to                                                               
income  of the  Alaska  permanent fund;  relating  to the  amount                                                               
available for appropriation and  appropriations from the earnings                                                               
reserve  account; relating  to the  permanent fund  dividend; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED HCS CSSB 107(W&M) OUT OF COMMITTEE                                                                                 
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 7                                                                                                    
Proposing amendments to the Constitution of the State of Alaska                                                                 
requiring payment of a dividend to eligible state residents.                                                                    
                                                                                                                                
     - MOVED CSHJR 7(W&M) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 107                                                                                                                  
SHORT TITLE: PERMANENT FUND DIVIDEND; POMV SPLIT                                                                                
SPONSOR(s): FINANCE                                                                                                             
                                                                                                                                
03/17/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/23       (S)       FIN                                                                                                    
03/21/23       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/21/23       (S)       Heard & Held                                                                                           
03/21/23       (S)       MINUTE(FIN)                                                                                            
03/29/23       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/29/23       (S)       Heard & Held                                                                                           
03/29/23       (S)       MINUTE(FIN)                                                                                            
04/12/23       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/12/23       (S)       -- MEETING CANCELED --                                                                                 
04/17/23       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/17/23       (S)       Heard & Held                                                                                           
04/17/23       (S)       MINUTE(FIN)                                                                                            
04/18/23       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/18/23       (S)       Heard & Held                                                                                           
04/18/23       (S)       MINUTE(FIN)                                                                                            
04/19/23       (S)       FIN AT 1:30 PM SENATE FINANCE 532                                                                      
04/19/23       (S)       Moved CSSB 107(FIN) Out of Committee                                                                   
04/19/23       (S)       MINUTE(FIN)                                                                                            
04/21/23       (S)       FIN RPT CS 2DP 3NR 1AM    SAME TITLE                                                                   
04/21/23       (S)       DP: HOFFMAN, KIEHL                                                                                     
04/21/23       (S)       NR: STEDMAN, MERRICK, BISHOP                                                                           
04/21/23       (S)       AM: OLSON                                                                                              
05/01/23       (S)       TRANSMITTED TO (H)                                                                                     
05/01/23       (S)       VERSION: CSSB 107(FIN)                                                                                 
05/03/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/03/23       (H)       W&M, FIN                                                                                               
05/08/23       (H)       W&M AT 6:00 PM DAVIS 106                                                                               
05/08/23       (H)       Heard & Held                                                                                           
05/08/23       (H)       MINUTE(W&M)                                                                                            
05/09/23       (H)       W&M AT 6:00 PM DAVIS 106                                                                               
05/09/23       (H)       Heard & Held                                                                                           
05/09/23       (H)       MINUTE(W&M)                                                                                            
05/10/23       (H)       W&M AT 6:00 PM DAVIS 106                                                                               
                                                                                                                                
BILL: HJR  7                                                                                                                  
SHORT TITLE: CONST AM: PERMANENT FUND DIVIDEND                                                                                  
SPONSOR(s): WAYS & MEANS                                                                                                        
                                                                                                                                
03/01/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/01/23       (H)       W&M, JUD                                                                                               
03/06/23       (H)       W&M AT 6:00 PM DAVIS 106                                                                               
03/06/23       (H)       Heard & Held                                                                                           
03/06/23       (H)       MINUTE(W&M)                                                                                            
03/08/23       (H)       W&M AT 6:00 PM DAVIS 106                                                                               
03/08/23       (H)       -- MEETING CANCELED --                                                                                 
03/11/23       (H)       W&M AT 9:00 AM DAVIS 106                                                                               
03/11/23       (H)       Heard & Held                                                                                           
03/11/23       (H)       MINUTE(W&M)                                                                                            
04/24/23       (H)       W&M AT 6:00 PM DAVIS 106                                                                               
04/24/23       (H)       Heard & Held                                                                                           
04/24/23       (H)       MINUTE(W&M)                                                                                            
04/25/23       (H)       W&M AT 6:00 PM DAVIS 106                                                                               
04/25/23       (H)       Scheduled but Not Heard                                                                                
05/10/23       (H)       W&M AT 6:00 PM DAVIS 106                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DONALD THOMPSON, representing self                                                                                              
North Pole, Alaska                                                                                                              
POSITION  STATEMENT:    Provided   public  testimony  during  the                                                             
hearing on SB 107.                                                                                                              
                                                                                                                                
JULIE MOORE, representing self                                                                                                  
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:    Provided   public  testimony  during  the                                                             
hearing on SB 107.                                                                                                              
                                                                                                                                
BERT HOUGHTALING, representing self                                                                                             
Big Lake, Alaska                                                                                                                
POSITION  STATEMENT:    Provided   public  testimony  during  the                                                             
hearing on HB 190.                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
6:04:59 PM                                                                                                                    
                                                                                                                                
CHAIR BEN  CARPENTER called the  House Special Committee  on Ways                                                             
and Means meeting to order  at 6:04 p.m.  Representatives Tilton,                                                               
McKay,  McCabe, Groh,  Gray, and  Carpenter were  present at  the                                                               
call to order.                                                                                                                  
                                                                                                                                
           SB 107-PERMANENT FUND DIVIDEND; POMV SPLIT                                                                       
                                                                                                                                
6:05:49 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER announced that the  first order of business would                                                               
be  CS FOR  SENATE  BILL NO.  107(FIN) "An  Act  relating to  the                                                               
Alaska  permanent   fund;  relating  to  income   of  the  Alaska                                                               
permanent   fund;   relating   to  the   amount   available   for                                                               
appropriation  and  appropriations   from  the  earnings  reserve                                                               
account; relating  to the permanent fund  dividend; and providing                                                               
for  an  effective date."    [Before  the committee,  adopted  on                                                               
5/9/2023  as  a  working  document, was  the  proposed  committee                                                               
substitute (CS) for SB 107,  Version 33-LS0349\O, Nauman, 5/5/23,                                                               
("Version O").]                                                                                                                 
                                                                                                                                
6:06:48 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER opened public testimony on SB 107.                                                                              
                                                                                                                                
6:07:18 PM                                                                                                                    
                                                                                                                                
DONALD  THOMPSON,  representing  self, expressed  support  for  a                                                               
statutory permanent  fund dividend  (PFD) based on  the five-year                                                               
performance of the fund.   He pointed out that payments fluctuate                                                               
based on  the fund's investments,  which also impacts  the amount                                                               
distributed to Alaskans.   He explained that a  percent of market                                                               
value (POMV)  would pay  out a percentage,  even when  the market                                                               
goes down,  and in  extreme downturns the  principle of  the fund                                                               
could be  accessed, which he  said is  in violation of  the state                                                               
constitution.   He expressed the  opinion that this  turns Alaska                                                               
into an endowment  state rather than a  resource-owner state, and                                                               
whether a POMV model is adopted  or not, 75 percent to government                                                               
and 25 percent  to the PFDs should not be  adopted, as this model                                                               
would favor  the growth  of government  over the  private sector.                                                               
He offered the understanding that  most Alaskans do not want more                                                               
government  services but  a larger  private sector  economy.   He                                                               
stated that if  the state wants a vibrant private  sector, then a                                                               
50/50 split model should be used.                                                                                               
                                                                                                                                
6:09:48 PM                                                                                                                    
                                                                                                                                
JULIE  MOORE, representing  self,  expressed  opposition to  more                                                               
government control and the PFD 75/25 POMV split.                                                                                
                                                                                                                                
6:11:13 PM                                                                                                                    
                                                                                                                                
BERT HOUGHTALING,  representing self, expressed the  opinion that                                                               
legislators need to  start following the law  concerning the PFD.                                                               
He stated that Alaska is ranked  fiftieth [in the country] on all                                                               
metrics,  including crime  and homelessness.   He  suggested that                                                               
this would  all stop if lawmakers  stopped the theft of  the PFD,                                                               
decreased the size of government, and followed the law.                                                                         
                                                                                                                                
6:12:49 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER,  after ascertaining that  there was no  one else                                                               
who wished to testify, closed public testimony.                                                                                 
                                                                                                                                
6:13:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH moved  to  adopt Amendment  1  to CSSB  107,                                                               
Version O,  labeled 33-LS0349\O.2, Nauman,  5/10/23.  [A  copy of                                                               
Amendment 1 is provided at the end of the minutes of SB 107.]                                                                   
                                                                                                                                
REPRESENTATIVE MCCABE objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GROH pointed  out that  oil revenues  have fallen                                                               
dramatically, and despite the adoption  of the POMV system, there                                                               
has been insufficient  revenue to compensate for the  drop in oil                                                               
revenues.   He expressed  support for the  largest PFD  the state                                                               
can afford, with  the goal of a 50/50 POMV  split between the PFD                                                               
payments  and public  services.   He pointed  out that  Version O                                                               
would  have an  "on-off" switch  between a  25/75 and  50/50 POMV                                                               
split.  He  stated that Amendment 1 proposes  a stairstep process                                                               
which would build  increments over time with a  50/50 POMV split.                                                               
He stated the increments would be  in the amount of $250 million.                                                               
He highlighted  that Version  O addresses  that the  state cannot                                                               
afford to  pay PFDs based  on a  50/50 POMV without  new revenue;                                                               
furthermore, it would create incentives  for lawmakers to build a                                                               
sustainable fiscal plan.                                                                                                        
                                                                                                                                
REPRESENTATIVE GROH expressed agreement  with the goal of Version                                                               
O; however, he  suggested that the goal would  not be achievable.                                                               
He  continued that  what is  needed is  using smaller  increments                                                               
towards  paying  residents  at  a  50/50 POMV  draw  level.    He                                                               
informed members  that graphs [included in  the committee packet]                                                               
have  been attached  to the  amendment depicting  four scenarios.                                                               
He  pointed out  the  first scenario  assumes the  stair-stepping                                                               
process  succeeds with  $250 million  in revenue  produced, which                                                               
would  be used  to  generate revenue  for the  next  decade.   He                                                               
explained that  as more revenues  come online, more  revenues for                                                               
PFDs  would  be made  available.    The second  scenario  assumes                                                               
revenues  remained  low,  growing   later,  with  growth  in  the                                                               
constitutional budget reserve (CBR).   Scenario three is the same                                                               
as  scenario one,  but  it avoids  the  unfilled deficits,  which                                                               
draws  on  a shrinking  savings  balance.    Scenario four  is  a                                                               
forecast  which depicts  Version O  with  no new  revenues.   The                                                               
result would  be an average  deficit of  about $1 billion  a year                                                               
over a ten-year period, with a  cumulative gap of $7 billion.  He                                                               
argued that  the graphs show  why it would  be good to  raise new                                                               
revenues; therefore, the state could  support a 50/50 POMV split.                                                               
He noted  that the system  has worked  in the past  because there                                                               
were substantial amounts of new  revenues each year; however, the                                                               
system stopped working ten years ago.   He advised that the state                                                               
has not  fully adjusted to  its failure.   He reiterated  that in                                                               
order to obtain the 50/50 POMV  split, there would need to be new                                                               
revenues.  He argued that Amendment  1 would add an incentive for                                                               
the state to seek new revenues.                                                                                                 
                                                                                                                                
6:21:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY referenced  the  first  graph and  suggested                                                               
that even  with $1.25 billion in  new revenues and a  $3,000 PFD,                                                               
the state would still need to make a CBR draw.                                                                                  
                                                                                                                                
REPRESENTATIVE GROH answered in the affirmative.                                                                                
                                                                                                                                
6:22:24 PM                                                                                                                    
                                                                                                                                
CHAIR  CARPENTER   asked  that,  regarding  not   binding  future                                                               
legislatures,  how  would  the  amendment  solve  the  "political                                                               
football" issue the PFD has become.                                                                                             
                                                                                                                                
REPRESENTATIVE  GROH responded  that the  goal would  be for  the                                                               
legislature  to  adopt  legislation  which  would  generate  more                                                               
revenues.  He  deduced that, as revenues go up,  the value of the                                                               
PFD would go up.  He continued  that this would be a system where                                                               
the PFD would  go up over time, allowing  the additional revenues                                                               
to pay for public services.                                                                                                     
                                                                                                                                
CHAIR CARPENTER asked if the  "may appropriate" language helps or                                                               
hinders solving the PFD issue.                                                                                                  
                                                                                                                                
REPRESENTATIVE  GROH  responded  that the  amendment  would  help                                                               
because  the state  would  have  to recognize  that  a 50/50  PFD                                                               
cannot happen without substantial new revenues.                                                                                 
                                                                                                                                
CHAIR   CARPENTER  asked   whether  the   modeling  assumes   any                                                               
constraint spending or cap.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GROH  pointed  out   this  is  in  existing  law;                                                               
however, the  proposed amendment would  not have a  spending cap.                                                               
He  suggested that  other pending  bills in  the legislature,  if                                                               
passed, would  create revenues allowing  the state to  afford the                                                               
50/50  PFD; however,  the legislature  would need  to pass  these                                                               
bills, or there would be no way to fund the 50/50 split.                                                                        
                                                                                                                                
6:25:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE asked  what Representative  Groh envisions                                                               
as the new revenues in Alaska.                                                                                                  
                                                                                                                                
REPRESENTATIVE GROH  responded that  he is  the prime  sponsor of                                                               
other  bills currently  before the  legislature, and  these bills                                                               
would seek  to raise $250 million  in revenue a year  via changes                                                               
in oil  taxes.   He further shared  that he  proposed high-earner                                                               
tax legislation,  and that a bill  in the other body  would raise                                                               
money  on   highly  digitized  businesses  which   could  provide                                                               
millions in revenues.   He pointed out that the  state has access                                                               
to new revenues,  but the legislature needs the will  to pass new                                                               
revenues to fund public services and PFDs.                                                                                      
                                                                                                                                
REPRESENTATIVE MCCABE maintained his objection.                                                                                 
                                                                                                                                
6:27:49 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken.   Representatives Gray and Groh voted                                                               
in favor of Amendment 1 to  CSSB 107, Version O.  Representatives                                                               
McCabe, Tilton,  Allard, McKay, and  Carpenter voted  against it.                                                               
Therefore, Amendment 1 failed by a vote of 2-5.                                                                                 
                                                                                                                                
6:28:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  moved to  adopt Amendment  2 to  CSSB 107,                                                               
Version O, labeled, 33-LS0349\O.1, which read as follows:                                                                       
                                                                                                                                
     Page 3, line 27:                                                                                                           
          Delete all material and insert:                                                                                       
         "* Sec. 9. The uncodified law of the State of                                                                      
     Alaska is amended by adding a new section to read:                                                                         
          CONDITIONAL EFFECT. This Act takes effect only                                                                        
     if,  by   July 1,  2024,   the  legislature   passes  a                                                                    
     resolution proposing an amendment  to art. IX, sec. 15,                                                                    
     Constitution of  the State of Alaska,  that requires an                                                                    
     annual  permanent fund  dividend  be  paid to  eligible                                                                    
     residents of the state.                                                                                                    
         * Sec. 10. If this Act takes effect, it takes                                                                        
     effect July 1, 2024."                                                                                                      
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
6:28:47 PM                                                                                                                    
                                                                                                                                
CHAIR  CARPENTER explained  that Amendment  2 is  conditional and                                                               
would  only take  effect if,  by  July 1,  2024, the  legislature                                                               
passes  a resolution  to Article  9, Section  15, of  the state's                                                               
constitution which  would require that  an annual PFD be  paid to                                                               
eligible  residents in  the state.   He  stated that  Amendment 2                                                               
would  also add  Section 10,  which  would provide  that the  act                                                               
takes effect July 1, 2024.                                                                                                      
                                                                                                                                
6:29:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY   questioned  whether  the  intent   of  the                                                               
amendment is to exert leverage on  the legislature to pass such a                                                               
resolution.                                                                                                                     
                                                                                                                                
CHAIR CARPENTER answered  that "leverage" is not  the right word,                                                               
rather, Amendment  2 would be tying  SB 107 with a  resolution on                                                               
the constitutionality of the PFD.                                                                                               
                                                                                                                                
REPRESENTATIVE GRAY questioned  the value of a  bill which states                                                               
that the legislature  is pushing a 50/50 POMV, even  if it is not                                                               
constitutionally bound to follow such a formula.                                                                                
                                                                                                                                
CHAIR CARPENTER said that for seven  years there has been no will                                                               
in the body  to address changes to the PFD  program statutes, and                                                               
he has brought forward several  pieces of legislation as a fiscal                                                               
plan to be enacted together.   He explained that Amendment 2 ties                                                               
SB 107  with another  piece of  legislation as  part of  a fiscal                                                               
plan.  Regarding as to whether  there would be value if the bills                                                               
were  not  tied,  he  answered  that,  without  a  constitutional                                                               
amendment  to direct  a PFD  payment  the current  appropriations                                                               
issue will not  be solved.  He  argued that the value  is that it                                                               
solves the  political PFD  problem, which  has existed  since the                                                               
state  began   using  the  permanent  fund   earnings  for  state                                                               
government.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRAY  withdrew his  objection.    There being  no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
6:34:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  stressed that the  PFD question needs  to be                                                               
solved by  keeping the fund  healthy.   He said the  guarantee of                                                               
the  dividend only  works if  the underlying  bill is  amended to                                                               
recognize that  the state needs  additional revenues.   He stated                                                               
that he will be voting "amend" on Version O.                                                                                    
                                                                                                                                
6:35:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE relayed  that  the  Fiscal Policy  Working                                                               
Group identified four  areas: PFD, revenue, cuts,  and a spending                                                               
cap.   He advised that  SB 107 and  HJR 7 are  the PFD part.   He                                                               
said  the  legislature has  not  cut  spending,  as there  is  no                                                               
political will  for it,  but the legislation  would be  a partial                                                               
solution to the PFD.                                                                                                            
                                                                                                                                
6:38:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE moved to report CSSB 107(FIN), Version 33-                                                                
LS0349\O,  Nauman,  5/5/23, as  amended,  out  of committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  HCS SB 109(W&M)  was reported  out of                                                               
the House Special Committee on Ways and Means.                                                                                  
                                                                                                                                
[Following is a copy of Amendment 1 to CSSB 107, labeled, 33-                                                                   
LS0349\O.2, Nauman, 5/5/23, which read as follows:]                                                                             
                                                                                                                                
     Page 2, following line 3:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Sec. 2.  AS 24.20.221 is amended by  adding a new                                                                
     subsection to read:                                                                                                        
               (c)   Each year,  the fiscal analyst  and the                                                                    
          commissioner of revenue  shall jointly certify and                                                                    
          publish  the amount  of  new  revenue as  required                                                                    
          under AS 37.13.145(g)."                                                                                               
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 14, through page 3, line 26:                                                                                  
          Delete all material and insert:                                                                                       
               "(b)   The  corporation  shall determine  the                                                                    
          amount available for  appropriation each year. The                                                                    
          amount   available  for   appropriation  is   five                                                                    
          percent of  the average  market value of  the fund                                                                    
          for  the first  five of  the preceding  six fiscal                                                                    
          years,  including  the  fiscal  year  just  ended,                                                                    
          computed   annually  for   each  fiscal   year  in                                                                    
          accordance  with   generally  accepted  accounting                                                                    
          principles.     The    amount     available    for                                                                
          appropriation may  not exceed  the balance  in the                                                                
          earnings   reserve   account   described   in   AS                                                                
          37.13.145.  In  this subsection,  "average  market                                                                
          value  of the  fund" includes  the balance  of the                                                                    
          earnings  reserve  account  established  under  AS                                                                    
          37.13.145, but  does not  include that  portion of                                                                    
          the  principal  attributed  to the  settlement  of                                                                    
          State  v. Amerada  Hess, et  al., 1JU-77-847  Civ.                                                                    
          (Superior Court, First Judicial District).                                                                            
        * Sec. 4. AS 37.13.145(b) is amended to read:                                                                         
               (b)  Each  [AT THE END OF  EACH] fiscal year,                                                                
     the  legislature  may  appropriate  [CORPORATION  SHALL                                                                
     TRANSFER] from the                                                                                                         
               (1)  earnings reserve  account to the general                                                            
          fund  the   amount  available   for  appropriation                                                                
          calculated under AS 37.13.140(b);                                                                                 
               (2)    general  fund  to  the  dividend  fund                                                                
          established under AS 43.23.045                                                                                        
                    (A)   25  [, 50]  percent of  the income                                                                
          available  for appropriation  [DISTRIBUTION] under                                                                  
          AS  37.13.140(b)  if  the  annual  amount  of  new                                                                
          revenue, as determined under  (g) of this section,                                                                
          is less than $250,000,000;                                                                                        
                    (B)  30 percent  of the income available                                                                
          for  appropriation under  AS  37.13.140(b) if  the                                                                
          annual amount of new  revenue, as determined under                                                                
          (g) of this  section, is greater than  or equal to                                                                
          $250,000,000, but less than $500,000,000;                                                                         
                    (C)  35 percent  of the income available                                                                
          for  appropriation under  AS  37.13.140(b) if  the                                                                
          annual amount of new  revenue, as determined under                                                                
          (g) of this  section, is greater than  or equal to                                                                
          $500,000,000, but less than $750,000,000;                                                                         
                    (D)  40 percent  of the income available                                                                
          for  appropriation under  AS  37.13.140(b) if  the                                                                
          annual amount of new  revenue, as determined under                                                                
          (g) of this  section, is greater than  or equal to                                                                
          $750,000,000, but less than $1,000,000,000;                                                                       
                    (E)  45 percent  of the income available                                                                
          for  appropriation under  AS  37.13.140(b) if  the                                                                
          annual amount of new  revenue, as determined under                                                                
          (g) of this  section, is greater than  or equal to                                                                
          $1,000,000,000, but less than $1,250,000,000;                                                                     
                    (F)  50 percent  of the income available                                                                
          for  appropriation under  AS  37.13.140(b) if  the                                                                
          annual amount of new  revenue, as determined under                                                                
          (g) of this  section, is greater than  or equal to                                                                
          $1,250,000,000 [AS 37.13.140].                                                                                    
        * Sec. 5. AS 37.13.145(c) is amended to read:                                                                         
               (c)    After  the  appropriations  [TRANSFER]                                                                
          under  (b) [AND  AN  APPROPRIATION  UNDER (e)]  of                                                                    
          this  section,  the  legislature  may  appropriate                                                                
          [CORPORATION  SHALL  TRANSFER] from  the  earnings                                                                    
          reserve account  to the principal  of the  fund an                                                                    
          amount   sufficient  to   offset  the   effect  of                                                                    
          inflation  on the  principal  of  the fund  during                                                                    
          that  fiscal year.  However,  none  of the  amount                                                                    
          appropriated [TRANSFERRED] shall be applied to                                                                    
          increase  the   value  of  that  portion   of  the                                                                    
          principal  attributed to  the settlement  of State                                                                    
          v.   Amerada  Hess,   et   al.,  1JU-77-847   Civ.                                                                    
          (Superior Court, First  Judicial District) on July                                                                    
          1,  2004.  The  corporation  shall  calculate  the                                                                    
          amount to appropriate  [TRANSFER] to the principal                                                                
          under this subsection by                                                                                              
               (1)  computing the average of the monthly                                                                        
          United States Consumer Price Index for all urban                                                                      
          consumers for  each of  the two  previous calendar                                                                    
          years;                                                                                                                
               (2)  computing  the percentage change between                                                                    
          the first and second calendar year average; and                                                                       
               (3)  applying  that rate to the  value of the                                                                    
          principal of the fund on the last day of the                                                                          
          fiscal year just ended,  including that portion of                                                                    
          the  principal  attributed  to the  settlement  of                                                                    
          State  v. Amerada  Hess, et  al., 1JU-77-847  Civ.                                                                    
          (Superior Court, First Judicial District).                                                                            
        * Sec. 6. AS 37.13.145(d) is amended to read:                                                                         
               (d)   Notwithstanding  (b)  of this  section,                                                                    
          income earned  on money awarded in  or received as                                                                    
          a result  of State v.  Amerada Hess, et  al., 1JU-                                                                    
          77-847  Civ.   (Superior  Court,   First  Judicial                                                                    
          District),    including     settlement,    summary                                                                    
          judgment,  or  adjustment   to  a  royalty-in-kind                                                                    
          contract  that  is tied  to  the  outcome of  this                                                                    
          case, or interest  earned on the money,  or on the                                                                    
          earnings  of the  money shall  be  treated in  the                                                                    
          same  manner   as  other  income  of   the  Alaska                                                                    
          permanent fund,  except that  it is  not available                                                                    
          for  appropriation [DISTRIBUTION]  to the  general                                                            
          fund  or  the  dividend  fund under  (b)  of  this                                                            
          section  or [,]  for an  appropriation [TRANSFERS]                                                            
          to the principal  under (c) of this  section [, OR                                                                    
          FOR AN  APPROPRIATION UNDER (e) OF  THIS SECTION,]                                                                    
          and shall  be annually  deposited into  the Alaska                                                                    
          capital income fund (AS 37.05.565).                                                                                   
        * Sec.  7. AS 37.13.145  is amended by adding  a new                                                                  
          subsection to read:                                                                                                   
               (g)   Each year, the commissioner  of revenue                                                                    
          and the fiscal analyst  of the legislative finance                                                                    
          division  shall jointly  certify  and publish  the                                                                    
          amount  of  new  annually recurring  general  fund                                                                    
          revenue,   when   compared   to   annual   revenue                                                                    
          generated from  the Alaska  Statutes as  they read                                                                    
          on January  1, 2023. In this  subsection, "general                                                                    
          fund revenue"  does not  include revenue  from the                                                                    
          permanent fund.                                                                                                       
        * Sec. 8. AS 37.13.300(c) is amended to read:                                                                         
               (c)  Net income  from the mental health trust                                                                    
          fund  may not  be included  in the  computation of                                                                    
          the amount [NET INCOME  OR MARKET VALUE] available                                                                
          for  [DISTRIBUTION  OR]   appropriation  under  AS                                                                
          37.13.140(b) [AS 37.13.140].                                                                                      
        * Sec. 9. AS 43.05.010 is amended to read:                                                                            
               Sec. 43.05.010.  Duties of  commissioner. The                                                                  
          commissioner of revenue shall                                                                                         
               (1)     exercise   general  supervision   and                                                                    
          direct  the   activities  of  the   Department  of                                                                    
          Revenue;                                                                                                              
               (2)     supervise  the  fiscal   affairs  and                                                                    
          responsibilities of the department;                                                                                   
               (3)       prescribe    uniform   rules    for                                                                    
          investigations and hearings;                                                                                          
               (4)    keep  a  record  of  all  departmental                                                                    
          proceedings,  record  and   file  all  bonds,  and                                                                    
          assume  custody of  returns, reports,  papers, and                                                                    
          documents of the department;                                                                                          
               (5)    adopt a  seal  and  affix it  to  each                                                                    
          order,  process,  or  certificate  issued  by  the                                                                    
          commissioner;                                                                                                         
               (6)  keep a record of each order,  process,                                                                      
     and certificate issued by the      commissioner,    and                                                                    
     keep the record open to public     inspection   at  all                                                                    
     reasonable times;                                                                                                          
               (7)     hold   hearings  and   investigations                                                                    
          necessary for the administration  of state tax and                                                                    
          revenue laws;                                                                                                         
               (8)    except  as provided  in  AS  43.05.405                                                                    
          -  43.05.499   and  in  AS  44.64.030,   hear  and                                                                    
          determine   appeals  of   a   matter  within   the                                                                    
          jurisdiction  of  the  Department of  Revenue  and                                                                    
          enter orders on the  appeals that are final unless                                                                    
          reversed or modified by the courts;                                                                                   
               (9)     issue   subpoenas   to  require   the                                                                    
          attendance  of  witnesses  and the  production  of                                                                    
          necessary      books,      papers,      documents,                                                                    
          correspondence, and other things;                                                                                     
               (10)     order  the  taking   of  depositions                                                                    
          before a person competent to administer oaths;                                                                        
               (11)        administer   oaths    and    take                                                                    
          acknowledgments;                                                                                                      
               (12)    request   the  attorney  general  for                                                                    
          rulings  on  the  interpretation of  the  tax  and                                                                    
          revenue laws administered by the department;                                                                          
               (13)   call  on [UPON]  the attorney  general                                                                
          to  institute  actions   for  recovery  of  unpaid                                                                    
          taxes,   fees,   excises,    additions   to   tax,                                                                    
          penalties, and interest;                                                                                              
               (14)    issue  warrants  for  the  collection                                                                    
          of unpaid tax penalties  and interest and take all                                                                    
          steps  necessary and  proper to  enforce full  and                                                                    
          complete   compliance  with   the  tax,   license,                                                                    
          excise, and other revenue laws of the state;                                                                          
               (15)    report   to  the  legislature  before                                                                    
          February  15  of each  year  the  total amount  of                                                                    
          contributions  reported and  the  total amount  of                                                                    
          credit claimed  during the previous  calendar year                                                                    
          under  AS 43.20.014,  AS 43.55.019,  AS 43.56.018,                                                                    
          AS 43.65.018, AS 43.75.018, and AS 43.77.045;                                                                         
               (16)    consult   with  the  commissioner  of                                                                    
          natural resources on  negotiation of contracts and                                                                    
          development  of terms  for  inclusion in  proposed                                                                    
          contracts  associated with  a North  Slope natural                                                                    
          gas project;                                                                                                          
               (17)    direct  the  disposition  of  revenue                                                                    
          received from gas delivered to  the state under AS                                                                    
          43.55.014(b) by entering  into agreements with the                                                                    
          commissioner of  natural resources related  to the                                                                    
          management of  the custody and disposition  of gas                                                                    
          delivered to the state under AS 43.55.014(b);                                                                         
               (18)     each   year,  jointly   certify  and                                                                
          publish   with   the   fiscal   analyst   of   the                                                                
          legislative  finance division  the  amount of  new                                                                
          revenue as required under AS 37.13.145(g).                                                                        
        * Sec. 10. AS 43.23.025(a) is amended to read:                                                                        
               (a)     By  October  1  of   each  year,  the                                                                    
          commissioner  shall determine  the  value of  each                                                                    
          permanent fund dividend for that year by                                                                              
               (1)  determining the total amount  available                                                                     
     for dividend payments, which equals                                                                                        
                    (A)  the amount appropriated [OF                                                                        
          INCOME OF THE ALASKA PERMANENT FUND                                                                                   
          TRANSFERRED] to the dividend fund under AS                                                                            
          37.13.145(b) during the current year;                                                                                 
                    (B)  plus the unexpended and                                                                                
          unobligated balances of prior fiscal year                                                                             
          appropriations that lapse into the dividend                                                                           
          fund under AS 43.23.045(d);                                                                                           
                    (C)  less the amount necessary to                                                                           
          pay prior year dividends from the dividend                                                                            
          fund in the current year under AS                                                                                     
          43.23.005(h),43.23.021, and 43.23.055(3) and                                                                          
          (7);                                                                                                                  
                    (D)  less the amount necessary to                                                                           
          pay dividends from the dividend fund due to                                                                           
          eligible applicants who, as determined by                                                                             
          the department, filed for a previous year's                                                                           
          dividend by the filing deadline but who were                                                                          
          not included in a previous year's dividend                                                                            
          computation;                                                                                                          
                    (E)  less appropriations from the                                                                           
          dividend fund during the current year, including                                                                      
               amounts to pay costs of administering the                                                                        
               dividend program and the hold harmless                                                                           
               provisions of AS 43.23.240;                                                                                      
               (2)   determining  the number  of individuals                                                                    
          eligible  to receive  a dividend  payment for  the                                                                    
          current  year  and  the   number  of  estates  and                                                                    
          successors eligible to  receive a dividend payment                                                                    
          for the current year under AS 43.23.005(h); and                                                                       
               (3)   dividing  the  amount determined  under                                                                    
          (1) of  this subsection  by the  amount determined                                                                    
          under (2) of this subsection.                                                                                         
        *  Sec. 11.  AS  37.13.145(e)  and 37.13.145(f)  are                                                                  
     repealed."                                                                                                                 
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
            HJR  7-CONST AM: PERMANENT FUND DIVIDEND                                                                        
                                                                                                                                
6:38:44 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER announced that the  final order of business would                                                               
be HOUSE  JOINT RESOLUTION  NO. 7,  "Proposing amendments  to the                                                               
Constitution  of  the State  of  Alaska  requiring payment  of  a                                                               
dividend to  eligible state  residents."  [Amendment  1 to  HJR 7                                                               
was passed during the committee meeting on 4/24/23.]                                                                            
                                                                                                                                
6:38:58 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 6:38 p.m. to 6:42 p.m.                                                                       
                                                                                                                                
6:42:57 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER asked for questions  or comments before reporting                                                               
HJR 7 out of committee.                                                                                                         
                                                                                                                                
6:43:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY requested a summary of HJR 7.                                                                              
                                                                                                                                
CHAIR CARPENTER  answered that HJR  7 would require the  state to                                                               
pay the PFD through a  formula established in statute rather than                                                               
by the annual appropriations process.   He said the amendments in                                                               
the proposed  resolution address constitutional issues  raised by                                                               
the Alaska Supreme Court in  Wielechowski v. State, 403 P.3d 1141                                                             
(2017).   He explained that  this case allows the  legislature to                                                               
appropriate  the  PFD  rather  than  pay  the  dividends  out  by                                                               
formula.  He  explained that the proposed  resolution would allow                                                               
the  legislature to  dedicate funds  to the  PFD program  without                                                               
having to make appropriations every year.                                                                                       
                                                                                                                                
6:44:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE moved  to report HJR 7, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSHJR  7(W&M)  was                                                               
reported out of committee.                                                                                                      
                                                                                                                                
6:46:15 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Ways and  Means meeting  was adjourned  at                                                               
6:46 p.m.                                                                                                                       

Document Name Date/Time Subjects
Amendment # 1 CS to CSSB107.pdf HW&M 5/10/2023 6:00:00 PM
SB 107
Emailed Testimony 5.10.2023.pdf HW&M 5/10/2023 6:00:00 PM
SB 107