Legislature(2011 - 2012)SENATE FINANCE 532

04/05/2011 10:00 AM Senate FINANCE


Download Mp3. <- Right click and save file as

Audio Topic
10:04:21 AM Start
10:04:25 AM Confirmation Hearing: Bryan D. Butcher
10:49:29 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed to 10:00 a.m. --
+ Confirmation Hearing: TELECONFERENCED
Commissioner Bryan Butcher, Department of Revenue
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                       April 5, 2011                                                                                            
                        10:04 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
10:04:21 AM                                                                                                                   
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 10:04 a.m.                                                                                                  
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lesil McGuire, Vice-Chair                                                                                               
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Commissioner Bryan Butcher, Department of Revenue.                                                                              
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
^Confirmation Hearing: Bryan D. Butcher                                                                                         
                                                                                                                                
10:04:25 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman stated that the confirmation hearing for                                                                       
Commissioner of Department of Revenue (DOR).                                                                                    
                                                                                                                                
COMMISSIONER   BRYAN   BUTCHER,   DEPARTMENT   OF   REVENUE,                                                                    
introduced himself.  He stated that his  grandfather arrived                                                                    
in Alaska  after the depression  and practiced  in Anchorage                                                                    
as  an  attorney.  He  recalled  that  his  grandfather  was                                                                    
appointed as  a judge  by Governor  Hickel. He  wondered why                                                                    
his grandfather left his successful  practice to be a judge,                                                                    
but his grandfather  informed him that taking  care of other                                                                    
people was  more important than  taking care of  himself. He                                                                    
pointed  out that  he had  two  children. He  noted that  he                                                                    
built a house  for his parents with the help  of his father.                                                                    
He stated  that he had  experience working with  the finance                                                                    
committees  and the  capital budget.  He mentioned  his work                                                                    
with Alaska  Housing Finance Committee (AHFC).  He commented                                                                    
on his work for the American Heart Association tobacco tax.                                                                     
                                                                                                                                
10:09:12 AM                                                                                                                   
                                                                                                                                
Commissioner  Butcher commented  on his  work with  AHFC and                                                                    
the  positive  aspects  of  the  job.  He  chaired  the  DOR                                                                    
transition team under Governor Palin.  He mentioned his work                                                                    
with  applicants during  the Alaska  Gasline Inducement  Act                                                                    
(AGIA)  process.  He  worked   as  a  special  assistant  on                                                                    
economic development issues for  Governor Parnell. He served                                                                    
as  the  head of  Governor  Parnell's  transition team.  The                                                                    
transition  team led  to the  position  as Commissioner.  He                                                                    
expressed comfort  in his  current position,  which combined                                                                    
both his passion for finance and public service.                                                                                
                                                                                                                                
10:11:33 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman mentioned the  single point state audit for                                                                    
the  various   municipalities.  The  DOR   received  several                                                                    
deficient  ratings regarding  the oil  and gas  industry. He                                                                    
believed that  an acceleration of  the audits was  valid. He                                                                    
wondered  about  the  timeframe that  the  audits  would  be                                                                    
addressed.                                                                                                                      
                                                                                                                                
Commissioner  Butcher  stated  that he  was  also  concerned                                                                    
about the  audit. He  pointed out  the difficulty  in hiring                                                                    
auditors. He  believed that the situation  had improved. The                                                                    
fourth position for master auditor  had yet to be filled. He                                                                    
noted that the tax division  director left one month ago. He                                                                    
pointed out  the lack of  a data  base as another  issue. He                                                                    
relayed that  the first  PPT audits  were completed  and the                                                                    
audit division  believed that the  transition from  gross to                                                                    
net and  the progression should  move more quickly  with the                                                                    
change.                                                                                                                         
                                                                                                                                
10:14:39 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  explained that the  committee contemplated                                                                    
adding  $34,700,000   to  the  capital  budget   that  would                                                                    
accelerate  the department's  ability to  upgrade technology                                                                    
and  software. He  asked about  the effect  the money  would                                                                    
have on the department's ability to address the deficiency.                                                                     
                                                                                                                                
Commissioner Butcher responded that  a couple of years would                                                                    
be necessary  for implementation of the  system. He believed                                                                    
that  the  system would  speed  up  the  work of  the  audit                                                                    
division  and  provide  quicker turn  around  for  committee                                                                    
requests.                                                                                                                       
                                                                                                                                
10:15:53 AM                                                                                                                   
                                                                                                                                
Senator  Thomas asked  about the  Knik Arm  Bridge and  Toll                                                                    
Authority (KABATA) and SB 80.  He mentioned a transportation                                                                    
committee  meeting and  support  from the  KABATA board.  He                                                                    
asked if Commissioner Butcher would  advocate that the board                                                                    
offer an amendment to clarify the situation for the public.                                                                     
                                                                                                                                
Commissioner  Butcher  stated  yes.  He noted  that  he  was                                                                    
working with the KABATA board to create amendment language.                                                                     
                                                                                                                                
Senator McGuire  asked about SB  85 and a  recent discussion                                                                    
in  the Resources  Committee. She  mentioned  the notion  of                                                                    
competitiveness  review and  a board  established to  assess                                                                    
the state's competitiveness from  an oil and gas perspective                                                                    
annually.  She wondered about  his vision regarding his role                                                                    
with the new board.                                                                                                             
                                                                                                                                
Commissioner Butcher  stated that he would  try to enlighten                                                                    
the world about Alaska and the oil tax issue.                                                                                   
                                                                                                                                
10:19:10 AM                                                                                                                   
                                                                                                                                
Senator  McGuire asked  about recent  discussions about  the                                                                    
state's $15 billion of savings  in the Constitutional Budget                                                                    
Reserve (CBR)  and the Statutory  Budget Reserve  (SBR). She                                                                    
wondered  how   the  state  should  move   forward  with  an                                                                    
investment strategy for the savings.                                                                                            
                                                                                                                                
Commissioner Butcher  replied that  he had  discussions with                                                                    
the  Co-Chair   regarding  the  issue.  He   noted  positive                                                                    
investment with  the Permanent  Fund. He  expressed interest                                                                    
in a diversified portfolio.                                                                                                     
                                                                                                                                
Co-Chair  Stedman discussed  the  current  structure in  DOR                                                                    
where  the  commissioner  had responsibility  regarding  the                                                                    
allocation of  funds in the CBR  and SBR. He noted  that the                                                                    
Permanent Fund,  at $10 billion,  was the  largest sovereign                                                                    
fund  in   the  country.  He  asked   how  the  commissioner                                                                    
envisioned the management process of the very large funds.                                                                      
                                                                                                                                
10:22:31 AM                                                                                                                   
                                                                                                                                
Commissioner  Butcher  wished  to  initiate  a  more  formal                                                                    
process   regarding   communication  with   the   investment                                                                    
managers  and  the  Deputy  Commissioner  for  treasury.  He                                                                    
wished   for  additional   information   about  those   very                                                                    
important funds.                                                                                                                
                                                                                                                                
Co-Chair  Stedman  pointed out  that  the  process was  more                                                                    
important than  the results.   He noted concern  that formal                                                                    
quarterly meetings  or minutes  were absent during  the last                                                                    
few  years.  Documentation  to support  decisions  was  also                                                                    
absent.  He expressed  discomfort  with the  lack of  formal                                                                    
process as  the funds  were so  substantial. He  requested a                                                                    
timeframe for formalizing the process.                                                                                          
                                                                                                                                
10:25:14 AM                                                                                                                   
                                                                                                                                
Commissioner  Butcher agreed.  He  relayed discussions  with                                                                    
Jerry  Burnett  regarding  specific quarterly  meetings.  He                                                                    
understood  the  importance  of  communication  between  the                                                                    
executive branch and the legislature.                                                                                           
                                                                                                                                
Co-Chair Hoffman  asked for commitment  to a  written record                                                                    
regarding investment decisions and the process.                                                                                 
                                                                                                                                
Commissioner Butcher  committed to documents  resulting from                                                                    
the meetings.                                                                                                                   
                                                                                                                                
Co-Chair Stedman believed that  minutes would prove helpful.                                                                    
Documentation  of   the  process  of  decision   making  was                                                                    
extremely important.                                                                                                            
                                                                                                                                
10:27:09 AM                                                                                                                   
                                                                                                                                
Senator  Olson  expressed   concern  regarding  Commissioner                                                                    
Butcher's lack of experience with the private sector.                                                                           
                                                                                                                                
Commissioner Butcher  agreed that  the majority of  the work                                                                    
he has done  is with the public sector. He  argued that AHFC                                                                    
opperates similarly to the private sector.                                                                                      
                                                                                                                                
Senator Olson asked if he has ever fired anyone.                                                                                
                                                                                                                                
10:29:40 AM                                                                                                                   
                                                                                                                                
Senator Ellis stated concern regarding conflicts //.                                                                            
                                                                                                                                
Co-Chair Stedman CBR and sBR.                                                                                                   
                                                                                                                                
Commissioner Butcher  answered that  he shared  the interest                                                                    
and concern.  He understood  that he must  look at  the past                                                                    
and  he  knew he  was  not  informed  enough to  answer  the                                                                    
question.                                                                                                                       
                                                                                                                                
Senator Ellis requested sharing  of the conclusions with the                                                                    
committee when  he has it. He  sked about the fee  level for                                                                    
the //. He expressed interest in the changes in the //.                                                                         
                                                                                                                                
10:32:05 AM                                                                                                                   
                                                                                                                                
Commissioner Butcher active and passive managers.                                                                               
                                                                                                                                
Co-Chair Stedman  agreed that the  long term  management was                                                                    
of concern to the committee.                                                                                                    
                                                                                                                                
Senator Thomas  asked about the  position as the //  and the                                                                    
gas line. The  governor stated that the focus  was AGIA. The                                                                    
economy of  the state  of Alaska.  He wondered  the thoughts                                                                    
about  a potential  report  stating that  the  money is  not                                                                    
ample for the //. We have  now allowed the when another deal                                                                    
is struck for gas projects.                                                                                                     
                                                                                                                                
10:35:20 AM                                                                                                                   
                                                                                                                                
Commissioner Butcher expressed interest  in his history with                                                                    
the objective  view of  Alaska's situation.  He hoped  for a                                                                    
consensus led view at the end  of the process. Even with all                                                                    
of  the gas  shale,  some  companies saw  //.  He hoped  for                                                                    
additional  information  to  come  forward  on  July  1.  He                                                                    
transitioned to the position at  the time that two important                                                                    
studies were completed.                                                                                                         
                                                                                                                                
10:37:57 AM                                                                                                                   
                                                                                                                                
Senator  Thomas   appreciated  the  answer.  He   wished  to                                                                    
movement  on  the subject  as  opposed  to waiting  for  the                                                                    
perfect situation  to arise. The state  must make decisions.                                                                    
He thought it  realistic to look closely at  the project. He                                                                    
mentioned that the multibillion dollar plant.                                                                                   
                                                                                                                                
10:39:46 AM                                                                                                                   
                                                                                                                                
Commissioner Butcher  commented that  the world  is changing                                                                    
quickly He  stated that the  likely hit was for  flipping of                                                                    
the //. Closing of the Nikiski plant.                                                                                           
                                                                                                                                
Co-Chair  Hoffman expressed  further  concern regarding  the                                                                    
delay of  the audits. He  staed that the new  structure. Oil                                                                    
companies  never overpay  their  taxes. Same  under PPT  and                                                                    
ACES. He believed  that the disputed taxes go  into the CBR.                                                                    
I fthe  taxes are pursued  earlier and  will go to  the SBR.                                                                    
Potentially  not  receiving all  of  the  taxes due  to  the                                                                    
state.                                                                                                                          
                                                                                                                                
Commissioner  Butcher   did  not  have  a   response.  Audit                                                                    
division  expects  things  to  move  more  quickly  now.  He                                                                    
offered  to  provide an  update  by  the beginning  of  next                                                                    
legislative session.                                                                                                            
                                                                                                                                
10:43:14 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman asked  about  the  economist position.  He                                                                    
found it difficult  to deal with the oil and  gas issues. He                                                                    
was not able to call on  an economist from the Department of                                                                    
Revenue. He stated  that he was not convinced  that the lack                                                                    
of  ability   to  fill  the   position  was   not  political                                                                    
maneuvering. He asked to know the timeframe.                                                                                    
                                                                                                                                
Commissioner  Butcher stated  that the  last master  auditor                                                                    
position  will   be  easier  to  fill   than  the  economist                                                                    
position.  No  qualified applicants  given  the  pay of  the                                                                    
position. He  agreed that a  Chief economist was  a valuable                                                                    
position.                                                                                                                       
                                                                                                                                
10:45:53 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman recalled  that the  last economist  stated                                                                    
that he  was gagged  by the  administration. Ever  since the                                                                    
position has  not been filled. Change  the payment structure                                                                    
to enable  filling the position. He  expressed concern about                                                                    
a mistake calculable in the billions of dollars. After five                                                                     
years, the position should be filled.                                                                                           
                                                                                                                                
Commissioner Butcher agreed to fill the position. He                                                                            
pointed out that he wants to get that done.                                                                                     
                                                                                                                                
10:47:39 AM                                                                                                                   
                                                                                                                                
Senator Thomas recalled about lawsuits and for every money                                                                      
spent the collection is $10.                                                                                                    
                                                                                                                                
Commissioner   Butcher   recalled    discussion   with   the                                                                    
department about the pay back of the money.                                                                                     
                                                                                                                                
10:48:56 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:49:29 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Stedman concluded the meeting.                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:50 AM.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects