Legislature(2017 - 2018)SENATE FINANCE 532

01/31/2017 09:00 AM Senate FINANCE

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Audio Topic
09:01:35 AM Start
09:02:20 AM Presentation: Indirect Expenditures Cost and Recommendations
10:15:39 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Indirect Expenditures Cost and TELECONFERENCED
Recommendations
Alexei Painter, Fiscal Analyst, Legislative
Finance Division
Dan Stickel, Chief Economist
and Ky Clark, Economist, Department of Revenue
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                     January 31, 2017                                                                                           
                         9:01 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:01:35 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair MacKinnon called the Senate Finance Committee                                                                          
meeting to order at 9:01 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Click Bishop, Vice-Chair                                                                                                
Senator Mike Dunleavy                                                                                                           
Senator Peter Micciche                                                                                                          
Senator Donny Olson                                                                                                             
Senator Natasha von Imhof                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Dan  Stickel,  Chief  Economist,  Economic  Research  Group,                                                                    
Department  of   Revenue;  Ky  Clark,   Economist,  Economic                                                                    
Research  Group,  Department  of  Revenue;  Alexei  Painter,                                                                    
Fiscal Analyst, Legislative Finance Division.                                                                                   
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
PRESENTATION:     INDIRECT     EXPENDITURES     COST     AND                                                                    
RECOMMENDATIONS                                                                                                                 
                                                                                                                                
^PRESENTATION:     INDIRECT     EXPENDITURES    COST     and                                                                  
RECOMMENDATIONS                                                                                                               
                                                                                                                                
9:02:20 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon discussed housekeeping.                                                                                      
DAN STICKEL, CHIEF ECONOMIST, ECONOMIC RESEARCH GROUP,                                                                          
DEPARTMENT OF REVENUE, introduced himself.                                                                                      
                                                                                                                                
KY CLARK, ECONOMIST, ECONOMIC  RESEARCH GROUP, DEPARTMENT OF                                                                    
REVENUE,  discussed  the  presentation  "Overview  of  DOR's                                                                    
Indirect  Expenditure  Report,  Preliminary  Report  for  FY                                                                    
2011-FY 2015," (copy on file).                                                                                                  
                                                                                                                                
Mr. Clark addressed Slide 4, "Indirect Expenditure Report                                                                       
Overview":                                                                                                                      
                                                                                                                                
     ·  Passed in  2014 and  signed on  July 7,  2014 (House                                                                    
        Bill 306)                                                                                                               
     ·  Requires DOR to submit  a report to  the Legislature                                                                  
        biennially on July 1 detailing indirect expenditures                                                                  
        of all agencies in the State (AS 43.05.095)                                                                           
     ·  Requires the Legislative Finance Division to provide                                                                    
        a  report  to   the  Legislature  on   the  indirect                                                                    
        expenditures of certain agencies before the start of                                                                    
        Legislative Session following  the release  of DOR's                                                                    
        biennial report                                                                                                         
     ·  The  first  DOR  Indirect   Expenditure  Report  was                                                                    
        released the day after the bill  was signed, July 8,                                                                    
        2014                                                                                                                    
     ·  The  second  DOR  Indirect  Expenditure  Report  was                                                                    
        released July 1, 2016                                                                                                   
                                                                                                                                
9:05:56 AM                                                                                                                    
                                                                                                                                
Mr. Clark showed Slide 5, "Indirect Expenditures Defined":                                                                      
                                                                                                                                
     Indirect  expenditure:  Any  foregone  revenue  by  the                                                                  
     state designed to encourage an  activity to benefit the                                                                    
     public in  the form of a  credit, exemption, deduction,                                                                    
     deferral,  discount, exclusion,  or other  differential                                                                    
     allowance.                                                                                                                 
                                                                                                                                
     As defined by AS 43.05.095(d):                                                                                           
                                                                                                                                
        · An express provision of state  law that results in                                                                  
          foregone revenue for the state by providing:                                                                          
        · A tax credit or other credit                                                                                          
        · An  exemption, but  does not  include federal  tax                                                                    
          exemptions adopted by reference in AS 43.20.021                                                                       
        · A discount                                                                                                            
        · A deduction, but does not include costs incurred                                                                      
          in  the  ordinary  course  of  business  that  are                                                                    
          deducted in  the calculation of  a tax  under this                                                                    
          title or  in the calculation  of a royalty  or net                                                                    
          profit share  payment for a lease  issued under AS                                                                    
          38                                                                                                                    
        · A differential allowance                                                                                              
                                                                                                                                
9:06:46 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:06:53 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  MacKinnon conveyed  that  the documents  discussed                                                                    
during  the  meeting  could  be found  on  the  Division  of                                                                    
Legislative Finance webpage, as well as BASIS.                                                                                  
                                                                                                                                
Co-Chair  MacKinnon whether  the foregone  revenue noted  on                                                                    
Slide  5, was  revenue  that the  state  was not  receiving,                                                                    
based on what was described in state statute.                                                                                   
                                                                                                                                
Mr.  Clark answered  in  the affirmative.  He  said that  an                                                                    
indirect   expenditure  would   be  described   as  foregone                                                                    
revenue.                                                                                                                        
                                                                                                                                
Co-Chair MacKinnon  clarified for the public  that what this                                                                    
meant  was that  the state  was  not receiving  money for  a                                                                    
particular item. She explained that  the money was money the                                                                    
state could  be receiving,  were it  not for  the exclusions                                                                    
written   into   statute,    which   are   called   indirect                                                                    
expenditures.                                                                                                                   
                                                                                                                                
9:08:08 AM                                                                                                                    
                                                                                                                                
Mr.  Clark  reviewed  Slide  6,  "DOR  Indirect  Expenditure                                                                    
Report":                                                                                                                        
                                                                                                                                
     · Released July 1, 2016 by DOR                                                                                             
                                                                                                                                
     · Provides details on 231 indirect expenditures across                                                                     
        11 departments and agencies, including 78 provisions                                                                    
        administered by DOR                                                                                                     
                                                                                                                                
     · A cooperative effort between 10 departments and                                                                          
        other participating agencies, coordinated by DOR                                                                        
     · Followed process established in 2014, with improved                                                                      
        presentation and some refinements                                                                                       
                                                                                                                                
Mr.  Clark indicated  that the  indirect expenditure  report                                                                    
had been a collaborative  effort between state agencies, and                                                                    
had been facilitated by the  Department of Revenue (DOR). He                                                                    
specified that  the report supplied details  on 231 indirect                                                                    
expenditures across  11 state  departments and  agencies, 78                                                                    
of the 231  total expenditures were administered  by DOR. He                                                                    
explained that the department had  followed the same process                                                                    
that had  been established in  2014 with the  first indirect                                                                    
expenditure  report  produced by  DOR.  He  said that  minor                                                                    
improvements  had been  made to  the  process, including  an                                                                    
improved  presentation   that  included  a   more  expansive                                                                    
introduction.  He   stated  that  the  consistency   of  the                                                                    
reporting methodology had been improved.                                                                                        
                                                                                                                                
9:09:59 AM                                                                                                                    
                                                                                                                                
Mr. Clark turned to Slide 8, "Methodology-Internally":                                                                          
                                                                                                                                
     · Surveyed all Tax Division workgroups and all                                                                             
       divisions within DOR to ensure complete list                                                                             
     · Developed tax database reports to generate DOR data                                                                      
        for the Indirect Expenditure Report                                                                                     
     · Developed consistent definition for "Fiscal Year"                                                                        
        given that tax types are mostly on a monthly,                                                                           
        quarterly, or calendar year basis                                                                                       
        · Necessary because of time lag in receiving                                                                            
          information for certain tax types (corporate,                                                                         
          mining, et cetera)                                                                                                    
        · Production tax not impacted by this issue, since                                                                      
          we receive detailed monthly data for production                                                                       
          tax.                                                                                                                  
                                                                                                                                
Mr. Clark said that the  development of the tax database had                                                                    
been helpful  to the department  internally by  securing all                                                                    
the data in one place.                                                                                                          
                                                                                                                                
9:12:32 AM                                                                                                                    
                                                                                                                                
Mr. Clark reviewed Slide 9, "Methodology-Internally":                                                                           
                                                                                                                                
   · Internally: Addressing Fiscal Year Issue, cont.                                                                            
        o Determined that the Fiscal Year includes any tax                                                                      
          periods beginning during the fiscal year, using                                                                       
          the "tax period beginning" date                                                                                       
             ƒFor example: FY* 2015 corporate tax data                                                                         
               will include any returns for periods                                                                             
               beginning July 2014 -June 2015 (primarily 15                                                                     
               calendar-year returns)                                                                                           
             ƒSimilar to how federal tax data is reports                                                                       
              by the Internal Revenue Service                                                                                   
        o Because of new parameters, some FY 2015 DOR data                                                                      
          is "unavailable"                                                                                                      
             ƒSome fiscal year filer returns are not                                                                           
               received until spring 2017                                                                                       
             ƒFor   example,   a   corporate   tax   return                                                                    
               beginning June 2015, with extension, would                                                                       
               be due in March 2017                                                                                             
9:14:34 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon asked whether  revenue foregone inside of                                                                    
the report  was reflected conservatively inside  the report,                                                                    
thus increasing the reporting number for cost savings.                                                                          
                                                                                                                                
Mr.  Stickel responded  that the  way  that FY  15 had  been                                                                    
defined for the indirect  expenditure report had resulted in                                                                    
an amount  of revenue  impact beyond  what was  reflected in                                                                    
the  report. He  provided education  credits as  an example;                                                                    
for  FY  15, there  had  been  approximately $5  million  in                                                                    
education  credits  claimed  in  the system,  which  was  an                                                                    
incomplete number  and was above  and beyond what  was shown                                                                    
in the book.                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon  referred to  Page  51  of the  Indirect                                                                    
Expenditure  Report,   January  2017,   Legislative  Finance                                                                    
Division,  www.legfin.akleg.gov.  She  noted that  the  page                                                                    
showed   that  the   Department  of   Education  and   Early                                                                    
Development, Alaska Student Loan  Corp, Alaska Commission on                                                                    
Postsecondary  Education  WWAMI Graduate  Medical  Education                                                                    
Program  had nearly  $1.6 million  in foregone  revenue. She                                                                    
understood that state statute required  that students in the                                                                    
program be  encouraged to  come back  to Alaska  to practice                                                                    
medicine.  She  relayed that  50  percent  of the  financial                                                                    
support provided by  the program would have to  be paid back                                                                    
to the state. She asked  whether the number was complete, or                                                                    
whether there could be trailing  numbers that could increase                                                                    
the cost or revenue impact.                                                                                                     
                                                                                                                                
Mr. Stickel thought the LFD  number was complete. He pointed                                                                    
to the  committee that there  were two  indirect expenditure                                                                    
reports,  one was  created  by  DOR, the  other  by LFD.  He                                                                    
shared    that    the    DOR   report    was    posted    at                                                                    
www.tax.alaska.gov.                                                                                                             
                                                                                                                                
9:18:05 AM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon   asked  whether  the  DOR   report  was                                                                    
reviewed in the LFD report.                                                                                                     
                                                                                                                                
Mr. Stickel answered in the affirmative.                                                                                        
                                                                                                                                
Co-Chair MacKinnon reiterated that  the LFD report offered a                                                                    
legislative  perspective based  in the  information provided                                                                    
by DOR.                                                                                                                         
                                                                                                                                
Mr. Stickel answered in the  affirmative. He elaborated that                                                                    
the administration  surveyed all  the agencies  within state                                                                    
government  and then  produced  a report  in  July of  every                                                                    
other year. He said that LFD  then would produce a report of                                                                    
the  DOR report,  examining in  greater detail  the indirect                                                                    
expenditures  for a  certain set  of departments  each year,                                                                    
making recommendations about the indirect expenditures.                                                                         
                                                                                                                                
Co-Chair  MacKinnon  understood  that  an  overview  of  all                                                                    
credits  would have  been  posted to  the  DOR website  from                                                                    
year-to-year.                                                                                                                   
                                                                                                                                
Mr. Stickel replied in the affirmative.                                                                                         
                                                                                                                                
9:19:11 AM                                                                                                                    
                                                                                                                                
Mr. Clark discussed Slide 10, "Methodology-Externally":                                                                         
                                                                                                                                
   Externally:                                                                                                                  
     · DOR met with other departments and agencies and sent                                                                     
        out a survey for the report                                                                                             
     · Each agency examined their operations to identify                                                                        
        indirect expenditures and report the required                                                                           
        information                                                                                                             
     · A few departments identified provisions that did not                                                                     
        actually meet the definition of an "indirect                                                                            
        expenditure"                                                                                                            
          o Submissions from other departments and agencies                                                                     
             are not independently verified                                                                                     
                                                                                                                                
Mr. Clark relayed that the  following slide would show items                                                                    
that could  be confused for indirect  expenditures that were                                                                    
in fact not.                                                                                                                    
                                                                                                                                
9:20:29 AM                                                                                                                    
                                                                                                                                
Mr. Clark showed Slide 11, "Methodology-Externally cont.":                                                                      
                                                                                                                                
   Examples of provisions not meeting definition of                                                                             
   "Indirect Expenditure":                                                                                                      
     · Alaska Housing Finance Corporation (AHFC)                                                                                
          o Identified one potential indirect expenditure;                                                                      
             reduced loan rates. But, it was part of their                                                                      
             normal operations and not "required by                                                                             
             statute." Statutorily, AHFC can set the rates.                                                                     
     · Department of Commerce, Community, and Economic                                                                          
        Development (DCCED):                                                                                                    
          o Has certain licensing fees, which are set by                                                                        
             statute  to  cover  program  costs,  that  were                                                                    
             reduced for residents vs. non-residents. It was                                                                    
             determined not be foregone revenue, because the                                                                    
             fee differential doesn't affect total revenue.                                                                     
     · University of Alaska (UA):                                                                                               
        o Addressed tuition waivers to employees and                                                                            
          dependents; they are a part of the employee's                                                                         
          benefit package, so are not considered foregone                                                                       
          revenue.                                                                                                              
        o Non-resident vs. Resident tuition; UA is not                                                                          
          discounting the resident tuition rate, rather the                                                                     
          out-of-state student is paying a non-resident                                                                         
          surcharge (so no foregone revenue).                                                                                   
                                                                                                                                
9:22:20 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  asked whether the DOR  report provided a                                                                    
list  of the  different  agencies,  including any  feedback,                                                                    
that had not met the definition of foregone revenue.                                                                            
                                                                                                                                
Mr. Clark answered in the  affirmative. He lamented that the                                                                    
list had  not been  included in the  report. He  shared that                                                                    
the  report contained  a  list of  state  agencies that  the                                                                    
department  had reached  out  to who  had  responded to  the                                                                    
survey,  and  a list  of  agencies  that had  completed  the                                                                    
survey but had reported no indirect expenditures.                                                                               
                                                                                                                                
Co-Chair MacKinnon understood there  was no definitive list,                                                                    
only the examples provided in the report.                                                                                       
Mr. Clark answered in the affirmative.                                                                                          
                                                                                                                                
9:23:46 AM                                                                                                                    
                                                                                                                                
Mr. Clark turned to Slide 12, "Reported Information":                                                                           
                                                                                                                                
   Each department was required to report the following                                                                         
   information:                                                                                                                 
                                                                                                                                
     · The name of the indirect expenditure                                                                                     
     · A brief description                                                                                                      
     · The statutory authority                                                                                                  
     · The repeal date, if applicable                                                                                           
     · The intent of the legislature in enacting the                                                                            
       statute authorizing the indirect expenditure                                                                             
     · The public purpose served by the indirect                                                                                
        expenditure                                                                                                             
     · The estimated revenue impact of the indirect                                                                             
        expenditure for the previous five fiscal years                                                                          
        (excluding the fiscal year immediately preceding the                                                                    
        date the report is due)                                                                                                 
     · The estimated cost to administer the indirect                                                                            
        expenditure, if applicable                                                                                              
     · The number of beneficiaries of the indirect                                                                              
        expenditure and who benefits                                                                                            
                                                                                                                                
Mr.  Clark  noted that  the  above  items were  required  by                                                                    
statute  to be  reported; additionally,  the department  had                                                                    
required  2 additional  items of  information including  the                                                                    
year  that the  indirect  expenditure was  enacted, and  the                                                                    
type of  indirect expenditure. He  said that  the department                                                                    
defined direct  expenditures differently, whether  a credit,                                                                    
deduction, or  discount, based  on the  information provided                                                                    
by the departments.                                                                                                             
                                                                                                                                
9:25:36 AM                                                                                                                    
                                                                                                                                
Senator Micciche spoke to Page  117 of the LFD report, which                                                                    
listed   the   indirect    expenditure   for   the   royalty                                                                    
modification for  Oogururk Unit.  He said that  although the                                                                    
costs were substantial, the likely  revenue impacts would be                                                                    
considerable.  He wondered  whether  offsetting benefits  to                                                                    
the state should be considered in future projections.                                                                           
                                                                                                                                
Mr.  Stickel acknowledged  that both  sides of  the equation                                                                    
should  be examined  when evaluating  indirect expenditures.                                                                    
He  shared  that the  department  had  broadly captured  the                                                                    
benefit of the expenditures in  the "public purpose" line on                                                                    
Page 117,  which was to  "stimulate increased  production on                                                                    
ANS."  He  thought  that  delving   into  deeper  detail  to                                                                    
quantify  the  benefit  would be  prudent  when  considering                                                                    
making changes to the indirect expenditure.                                                                                     
                                                                                                                                
Senator  Micciche felt  that  there should  be  a line  that                                                                    
listed  the  offset  financial benefit  to  the  state,  and                                                                    
offered to provide DOR with  a list of instances. He thought                                                                    
that this could  replace the "public purpose"  line, and was                                                                    
a  valuable  benefit  that  had not  been  captured  in  the                                                                    
report.                                                                                                                         
                                                                                                                                
Co-Chair  MacKinnon wondered  how the  numbers varied  under                                                                    
Alaska's  Clear  and  Equitable   Share  (ACES)  versus  the                                                                    
Petroleum Production Tax (PPT).                                                                                                 
                                                                                                                                
Senator Micciche  said that  he would  have to  research the                                                                    
question.                                                                                                                       
                                                                                                                                
Co-Chair MacKinnon  asked whether statutory change  would be                                                                    
needed  to  include  the revenue  offset  of  each  indirect                                                                    
expenditure.  She noted  that some  of  the projects  listed                                                                    
were foregoing  revenue in order  to produce a  product that                                                                    
generated revenue. She thought that  it was fair to say that                                                                    
if the indirect expenditure  were eliminated for the project                                                                    
on Page  117, the $26  million could be used  for government                                                                    
operations,  but then  she countered  that consequently  the                                                                    
state  would  lose the  revenue  that  the credit  had  been                                                                    
intended to help generate.                                                                                                      
                                                                                                                                
9:29:49 AM                                                                                                                    
                                                                                                                                
Senator  Micciche thought  that  the numbers  in the  report                                                                    
could be more nuanced.                                                                                                          
                                                                                                                                
Co-Chair MacKinnon concurred that  there were specific items                                                                    
that had been  put into place to create  a long-term benefit                                                                    
for the state and should be noted.                                                                                              
                                                                                                                                
Mr. Stickel  concurred, and noted  that future  slides would                                                                    
discuss  future  plans.  He shared  that  DOR  was  actively                                                                    
soliciting ideas for how the  report could be more useful to                                                                    
the legislature. He said that  DOR was planning to meet with                                                                    
LFD  over  summer  2017,  to work  on  improvements  to  the                                                                    
report.                                                                                                                         
9:31:12 AM                                                                                                                    
                                                                                                                                
Mr. Clark moved to Slide 13, "Overview of DOR's Indirect                                                                        
Expenditure Report":                                                                                                            
                                                                                                                                
     · Introduction, discussing the purpose of the report,                                                                      
        what is included in the report, and an explanation                                                                      
        of the limitations of the report                                                                                        
                                                                                                                                
     · The indirect expenditures are organized by:                                                                              
          o Departments, alphabetically                                                                                         
               ƒDivisions, alphabetically                                                                                      
                    · Grouped    by    Program   Name    (if                                                                    
                       applicable)                                                                                              
                                                                                                                                
9:32:51 AM                                                                                                                    
                                                                                                                                
Mr. Clark viewed Slide 14, "Future Plans":                                                                                      
                                                                                                                                
     · Reaching out to the Office of Management and Budget                                                                      
        and the Legislative Finance Division concerning the                                                                     
        next Indirect Expenditure Report                                                                                        
     · Compiling feedback and suggestions which may be                                                                          
        incorporated into the next report in Summer 2018                                                                        
     · Discussion with agencies of their ability to provide                                                                     
        more information for certain indirect expenditures                                                                      
                                                                                                                                
9:33:53 AM                                                                                                                    
                                                                                                                                
Mr.   Stickel   reviewed   Slide   16,"Recommendations   and                                                                    
Considerations:                                                                                                                 
                                                                                                                                
     · DOR was asked to provide the committee with                                                                              
        recommendations regarding indirect expenditures                                                                         
     · DOR identified several areas for the committee to                                                                        
        consider:                                                                                                               
          o House Bill 155 from 2015-2016                                                                                       
          o Largest indirect expenditures overall                                                                               
          o Largest indirect expenditures by department                                                                         
          o Review of recommendations produced by the                                                                           
             Legislative Finance Division                                                                                       
               ƒIndirect Expenditures were reviewed in                                                                         
                  both January 2015 and January 2017                                                                            
          o Fee Setting Authority                                                                                               
                                                                                                                                
Mr. Stickel reminded the committee that the suggestions                                                                         
were not formal recommendations to change or repeal any                                                                         
individual indirect expenditures.                                                                                               
                                                                                                                                
9:34:32 AM                                                                                                                    
                                                                                                                                
Mr. Stickel looked at Slide 17, "House Bill 155 from 2015-                                                                      
2016":                                                                                                                          
                                                                                                                                
     · The following indirect expenditures were addressed                                                                       
        in a proposed bill:                                                                                                     
          o Tobacco Products Tax                                                                                                
               ƒGives a four-tenths of one percent                                                                             
                  deduction to cover the expense of account                                                                     
                  and filing the return for the tobacco tax                                                                     
               ƒFY 2015 revenue impact of $54,053                                                                              
          o Cigarette Tax                                                                                                       
               ƒGives a discount of up to $50,000 as                                                                           
                  compensation for affixing stamps to packs                                                                     
                  of cigarettes                                                                                                 
               ƒFY 2015 revenue impact of $360,326                                                                             
          o Motor Fuel Tax                                                                                                      
               ƒGives a timely filing credits of 1% of the                                                                     
                  total monthly tax due to a maximum of $100                                                                    
               ƒFY 2015 revenue impact of $62,590                                                                              
          o Large Passenger Vessel Gambling Tax Deduction                                                                       
               ƒAllows a deduction of federal and                                                                              
                  municipal taxes paid from gambling gross                                                                      
                  income                                                                                                        
               ƒRevenue impact is unknown                                                                                      
                                                                                                                                
9:36:14 AM                                                                                                                    
                                                                                                                                
Mr. Stickel turned to Slide 18, "Largest Indirect                                                                               
Expenditures":                                                                                                                  
                                                                                                                                
     · Oil & Gas Tax Credits (FY16 = $598 million)                                                                              
     · Mining License Tax -Depletion Deduction (FY14 = $32                                                                      
        million)                                                                                                                
     · Insurance: all programs -Lower Tax Rate (DCCED*)                                                                         
        (FY15 = $13 million)                                                                                                    
     · Insurance: all programs -Deduction from premiums                                                                         
        written for claims paid (DCCED*) (FY15 = $13                                                                            
        million)                                                                                                                
     · Commercial Passenger Vessel Taxes -Tax Reduction for                                                                     
        Local Levies (FY15 = $13 million)                                                                                       
     · Multiple Tax Programs -Film Production Credit (FY15                                                                      
        = $9 million; credit phasing out under current law)                                                                     
     · Motor Fuel Tax -Foreign Flight Exemption (FY15 =                                                                         
        $8.6 million)                                                                                                           
     · Sport Fishing, Hunting & Trapping Senior Discount                                                                        
        (FY15 = $6.8 million)                                                                                                   
                                                                                                                                
Mr. Stickel informed the committee  that the Film Production                                                                    
Credit had  been repealed, with credits  still working their                                                                    
way through the system.                                                                                                         
                                                                                                                                
9:38:16 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon shared that  the committee was crafting a                                                                    
tax  credit bill,  and asked  that Mr.  Stickel forward  any                                                                    
ideas to her office.                                                                                                            
                                                                                                                                
9:38:45 AM                                                                                                                    
                                                                                                                                
Mr.  Stickel  discussed   Slide  19,  "Recommendations  from                                                                    
Legislative Finance":                                                                                                           
                                                                                                                                
     · There are recommendations made by Legislative                                                                            
        Finance Division in both their 2015 & 2017 Indirect                                                                     
        Expenditure Reports                                                                                                     
     · 2015 Report                                                                                                              
          o  Recommended   17   indirect   expenditures   be                                                                    
             terminated                                                                                                         
          o  Recommended   33   indirect   expenditures   be                                                                    
             reconsidered                                                                                                       
          o  Recommended   24   indirect   expenditures   be                                                                    
             reviewed                                                                                                           
          o  Recommended   37   indirect   expenditures   be                                                                    
             continued                                                                                                          
     · 2017 Report                                                                                                              
          o  Recommended   2   indirect    expenditures   be                                                                    
             terminated                                                                                                         
          o  Recommended   13   indirect   expenditures   be                                                                    
             reconsidered                                                                                                       
          o Recommended 3 indirect expenditures be reviewed                                                                     
          o  Recommended   48   indirect   expenditures   be                                                                    
             continued                                                                                                          
                                                                                                                                
Mr. Stickel  expanded that in  total, LFD had  identified 92                                                                    
indirect  expenditures had  been recommended  for review  in                                                                    
some capacity.                                                                                                                  
9:39:33 AM                                                                                                                    
                                                                                                                                
Senator von Imhof  asked whether there was a  way to compile                                                                    
the recommendations into an easily navigable spreadsheet.                                                                       
                                                                                                                                
Co-Chair MacKinnon indicated that  a spreadsheet for some of                                                                    
the items had  already been established, but  agreed that it                                                                    
would  be  helpful  if  the  department  provided  an  Excel                                                                    
spreadsheet for easier review of the recommendations.                                                                           
                                                                                                                                
9:41:34 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Bishop  queried  how  many  hours  it  took  the                                                                    
department to prepare the indirect expenditure report.                                                                          
                                                                                                                                
Mr. Stickel  specified that  the task  required a  couple of                                                                    
months of dedicated work by  one economist, and then a part-                                                                    
time project for  the remainder of the year.  He stated that                                                                    
the report  took several hundred  employee hours  within the                                                                    
department.                                                                                                                     
                                                                                                                                
9:42:11 AM                                                                                                                    
                                                                                                                                
Senator von Imhof lauded the  report as easy to navigate and                                                                    
informative.                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon  commented   that  all  the  information                                                                    
contained in  the report was very  important. She reiterated                                                                    
that  an Excel  spreadsheet could  make the  book even  more                                                                    
useful.                                                                                                                         
                                                                                                                                
Mr. Stickel  reported that the  division had the data  in an                                                                    
Excel  spreadsheet, and  would  be happy  to  work with  the                                                                    
committee  to  create  a  finely  tuned  document  that  met                                                                    
committee specifications.                                                                                                       
                                                                                                                                
Co-Chair  MacKinnon   said  that   she  would   request  the                                                                    
spreadsheet from LFD.                                                                                                           
                                                                                                                                
9:44:18 AM                                                                                                                    
                                                                                                                                
Senator  Micciche commented  that some  recommendations were                                                                    
based on what  was currently known. He noted  Page 69, which                                                                    
listed  the  indirect  expenditure  of  the  inspection  fee                                                                    
exemption for hair and nail  salon operators. He pointed out                                                                    
that DOR had  recommended charging a fee, he  thought that a                                                                    
policy  of self-compliance,  and  self-inspection, would  be                                                                    
more appropriate.                                                                                                               
                                                                                                                                
9:45:10 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:46:03 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Senator  Micciche stated  that DOR  had provided  a valuable                                                                    
report, but  that the committee  had suggestions  for making                                                                    
it  more  effective.  He said  that  the  legislature  could                                                                    
explore different  ways to fund  programs that were  of less                                                                    
cost to the state and to licensees.                                                                                             
                                                                                                                                
Mr. Stickel  clarified that the  division's role at  DOR was                                                                    
to  identify the  universe of  indirect expenditures,  while                                                                    
the LFD drilled down into  a certain subset of that universe                                                                    
for each of their reports  and then made recommendations. He                                                                    
differed  conversation  to  any specific  recommendation  to                                                                    
LFD.                                                                                                                            
                                                                                                                                
9:47:29 AM                                                                                                                    
                                                                                                                                
Mr. Stickel looked at Slide 20, "Fee Setting Authority":                                                                        
                                                                                                                                
     · Legislature has granted fee setting authority to                                                                         
        certain agencies, for example:                                                                                          
        o Department    of    Transportation   and    Public                                                                    
          Facilities                                                                                                            
             ƒAlaska Marine Highway (AMHS): foregone                                                                           
               revenue related to AMHS discounts amounted                                                                       
              to over $4.7 million in FY 2015                                                                                   
        o University of Alaska                                                                                                  
             ƒScholarship awarding authority                                                                                   
             ƒWestern Undergraduate Exchange                                                                                   
             ƒSenior Citizen Tuition Waiver                                                                                    
        o A comprehensive review would likely identify                                                                          
          other examples                                                                                                        
   · Discounts offered by agencies with fee setting                                                                             
     authority may not qualify as "indirect expenditures"                                                                       
     since they are not an "express provision of state law"                                                                     
                                                                                                                                
Mr. Stickel relayed that DOR  was aware of areas of foregone                                                                    
revenue  in  the  state  that did  not  meet  the  statutory                                                                    
definition  of indirect  expenditure, one  of which  was fee                                                                    
setting authority.                                                                                                              
9:49:15 AM                                                                                                                    
                                                                                                                                
Senator Micciche thought a large  area of revenue impact was                                                                    
discounted loan  rates [page 88 -  91 in the 2017  LFD IER].                                                                    
He thought  there was  likely a  federal program  that could                                                                    
help with to offset the cost of the program.                                                                                    
                                                                                                                                
Co-Chair  MacKinnon  suggested  that   the  issue  could  be                                                                    
discussed with LFD  to further the understanding  of how the                                                                    
state's  revenue  stream  was being  affected  by  different                                                                    
state statutes that had been implemented over time.                                                                             
                                                                                                                                
9:51:30 AM                                                                                                                    
                                                                                                                                
Co-Chair   MacKinnon  thanked   the  testifiers   for  their                                                                    
presentation.                                                                                                                   
                                                                                                                                
9:52:02 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
10:00:19 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
ALEXEI   PAINTER,   FISCAL  ANALYST,   LEGISLATIVE   FINANCE                                                                    
DIVISION, addressed  questions that  had been raised  by the                                                                    
committee  during the  previous  presentation. He  confirmed                                                                    
that  LFD  had  a  sortable Excel  document  that  had  been                                                                    
prepared  for the  report issue  two years  prior, which  he                                                                    
could resend  to committee  members. He  said that  the same                                                                    
document  could  be  updated to  reflect  the  most  current                                                                    
report and  distributed to  members. He  noted that  the DEC                                                                    
provisions  identified  by  Senator  Micciche  were  a  good                                                                    
example  of  provisions  that had  an  offset;  the  federal                                                                    
government  required the  state  to have  the discount,  and                                                                    
funded  it,  in  order  for  the state  to  offer  the  loan                                                                    
program.  He furthered  that  it was  not  revenue that  the                                                                    
state  could  receive because  it  was  a condition  of  the                                                                    
federal  program. He  felt it  should not  have been  in the                                                                    
report, but  that DEC had  included it  in an attempt  to he                                                                    
thorough. He  added that  due to budget  cuts DEC  no longer                                                                    
provided  inspections for  hair and  nail salons,  which was                                                                    
why  the  recommendation had  been  made  to reconsider  the                                                                    
structure  that  statutorily   mandated  inspection  without                                                                    
offering a funding source.                                                                                                      
                                                                                                                                
10:02:13 AM                                                                                                                   
                                                                                                                                
Senator   Micciche  thought   that  the   report  could   be                                                                    
"scrubbed" for clarity.  He believed that self-certification                                                                    
would take the cost away from the state and the licensee.                                                                       
                                                                                                                                
Co-Chair MacKinnon  commented that creation of  a table that                                                                    
highlighted the offset funding could be helpful.                                                                                
                                                                                                                                
10:03:57 AM                                                                                                                   
                                                                                                                                
Mr.   Painter  discussed   the  presentation   "Overview  of                                                                    
Legislative Finance Division  Indirect Expenditure Reports,"                                                                    
(copy on file).                                                                                                                 
                                                                                                                                
Mr. Painter addressed Slide 2, "Agencies in 2015 Report":                                                                       
                                                                                                                                
     • Commerce, Community and Economic Development                                                                             
     • Fish and Game                                                                                                            
     • Health and Social Services                                                                                               
     • Labor and Workforce Development                                                                                          
     • Revenue Legislative                                                                                                      
                                                                                                                                
Mr.  Painter detailed  that LFD  made their  recommendations                                                                    
for  select agencies,  every  two years,  based  on the  DOR                                                                    
reports.                                                                                                                        
                                                                                                                                
10:04:31 AM                                                                                                                   
                                                                                                                                
Mr.   Painter   discussed   Slide  3,   "Summary   of   2015                                                                    
Recommendations":                                                                                                               
                                                                                                                                
     • Terminate: 17 provisions                                                                                                 
          - Total known revenue impact of $5 million (in                                                                        
          FY14)                                                                                                                 
          - Three provisions had unknown revenue impact                                                                         
     • Modify or review: 59 provisions                                                                                          
     • Continue: 37 provisions                                                                                                  
     • No recommendation: 25 provisions                                                                                         
                                                                                                                                
Mr. Painter noted  that there had been some  area of statute                                                                    
that LFD had  felt deserved a closer look od  the entire fee                                                                    
structure, which  added to the  59 provisions  suggested for                                                                    
modification or  review. He noted  that the  legislature had                                                                    
modified the  fee schedule since  the report was  issued. He                                                                    
added that many of the  provisions of the Mining License Tax                                                                    
dated  back  to  statehood,  which   made  it  difficult  to                                                                    
determine  whether they  met current  legislative intent  as                                                                    
the structure  as most likely out-of-date.  He detailed that                                                                    
the 25  provisions that had  no recommendation  were because                                                                    
LFD did  not believe  that the item  was an  actual indirect                                                                    
expenditure,   or  because   there  had   been  insufficient                                                                    
information. He  noted that,  for example,  some of  the tax                                                                    
credits with  very few recipients, had  confidential revenue                                                                    
impacts.                                                                                                                        
                                                                                                                                
10:06:40 AM                                                                                                                   
                                                                                                                                
Mr. Painter turned to Slide 4, "2015 Report Key Points":                                                                        
                                                                                                                                
     •  Did  not review  oil  tax  credits, which  had  been                                                                    
     modified a year before                                                                                                     
     • 1  "terminate" item (obsolete  exploration incentive)                                                                    
     repealed in HB 247                                                                                                         
     •  4 other  "terminate"  items were  in  HB 155,  which                                                                    
     passed House in 2016 but not Senate                                                                                        
     • 6 "terminate" items are in Corporate Income Tax                                                                          
     •  3  "terminate"  items are  in  Commercial  Fisheries                                                                    
     Entry Commission                                                                                                           
                                                                                                                                
Mr. Painter  detailed that  LFD had  prepared the  report in                                                                    
the fall  of 2014, at which  time the oil tax  structure had                                                                    
been  undergoing   a  referendum,  and  had   recently  been                                                                    
modified by the legislature.                                                                                                    
                                                                                                                                
10:07:50 AM                                                                                                                   
                                                                                                                                
Mr. Painter spoke to Slide 5, "Agencies in 2017 Report":                                                                        
                                                                                                                                
     • Administration                                                                                                           
     •  Education and  Early  Development (including  Alaska                                                                    
     Student  Loan  Corporation  and  Alaska  Commission  on                                                                    
     Postsecondary Education)                                                                                                   
     • Natural Resources                                                                                                        
     • Transportation                                                                                                           
     • Judiciary                                                                                                                
     • Plus  review of  the Education  Tax Credit,  which is                                                                    
     scheduled to sunset at the end of 2018.                                                                                    
                                                                                                                                
Mr. Painter noted that he  had overlooked putting Department                                                                    
of Environmental  Conservation on  the list  on Slide  5. He                                                                    
pointed out that the Education  Tax Credit had been reviewed                                                                    
because  LFD felt  that  it was  important  that a  detailed                                                                    
recommendation be  made for the  credit which  was scheduled                                                                    
to sunset at the end of  2018. He shared that the credit had                                                                    
not been  reviewed in the  first report because it  had been                                                                    
modified by the  legislature that year, making  it too early                                                                    
to evaluate the impact.                                                                                                         
                                                                                                                                
10:08:27 AM                                                                                                                   
                                                                                                                                
Mr.   Painter    showed   Slide   6,   "Summary    of   2017                                                                    
Recommendations":                                                                                                               
                                                                                                                                
     • Terminate: 2 provisions                                                                                                  
          - Unknown revenue impact                                                                                              
     • Modify or review: 13 provisions                                                                                          
     • Continue: 56 provisions                                                                                                  
     • No recommendation: 6 provisions                                                                                          
                                                                                                                                
10:08:52 AM                                                                                                                   
                                                                                                                                
Mr. Painter discussed Slide 7, "2017 Report Key Points":                                                                        
                                                                                                                                
     • Some items do not have revenue generation as a goal                                                                      
     ("fix-it" tickets)                                                                                                         
     • Others have authority to set fee structure (Marine                                                                       
     Highway)                                                                                                                   
     • Remainder are mostly routine (senior discounts, fee                                                                      
     waivers for disabled veterans, etc.)                                                                                       
    • Some provisions in DEC and DNR could be reviewed                                                                          
                                                                                                                                
Mr. Painter  explained that some  items were  not considered                                                                    
indirect  expenditures because  their main  goal was  not to                                                                    
generate revenue.  He said that  in 2019, all  the remaining                                                                    
agencies were  up for indirect expenditure  review; however,                                                                    
there  were  no  remaining   agencies  that  had  identified                                                                    
indirect  expenditures.  He  announced that  LFD  would  not                                                                    
produce a 2019 report, but  would begin the cycle over again                                                                    
in 2021 - starting with DOR.                                                                                                    
                                                                                                                                
10:11:00 AM                                                                                                                   
                                                                                                                                
Senator  Micciche appreciated  the recommendation  to review                                                                    
the  Alaska  Marine  Highway  System  children's  discounted                                                                    
tariffs,  employee  and  annual  passes,  and  the  underage                                                                    
discounted  tariffs. He  thought  that more  cuts should  be                                                                    
made to the Alaska Marine Highway System.                                                                                       
Co-Chair MacKinnon  asked whether any of  the provisions for                                                                    
the marine highway were part the employee bargaining unit.                                                                      
                                                                                                                                
Senator  Micciche   did  not  believe  that   the  three  he                                                                    
mentioned were related to a bargaining unit.                                                                                    
10:13:27 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:14:38 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair MacKinnon discussed housekeeping.                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:15:39 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:15 a.m.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
013117 LFD IE Report Overview SFin.pdf SFIN 1/31/2017 9:00:00 AM
Operating Budget FY18
013117 Senate Finance - DOR IER Presentation.pdf SFIN 1/31/2017 9:00:00 AM
Operating Budget FY18
013117 Alaska Indirect Expenditure Report FY11-FY15.pdf SFIN 1/31/2017 9:00:00 AM
Operating Budgt FY18
013117 2017 Indirect Expenditure Report January 2017.pdf SFIN 1/31/2017 9:00:00 AM
Operating Budget FY18