Legislature(2017 - 2018)SENATE FINANCE 532

02/27/2017 09:00 AM Senate FINANCE

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09:05:39 AM Start
09:06:23 AM SB70
10:04:31 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 70 APPROP. LIMIT/BUDGET PROCESS/PERM FUND TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 27, 2017                                                                                          
                         9:05 a.m.                                                                                              
                                                                                                                                
9:05:39 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  MacKinnon  called  the  Senate  Finance  Committee                                                                    
meeting to order at 9:05 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                                                                                                                  
                                                                                                                                
Laura  Cramer,  Staff,  Representative Anna  MacKinnon;  Rob                                                                    
Carpenter,  Fiscal  Analyst,  Legislative  Finance;  Randall                                                                    
Randall Hoffbeck,  Commissioner, Department of  Revenue; Pat                                                                    
Pitney, Director,  Office of  Management and  Budget, Office                                                                    
of  the   Governor;  Ken  Alper,  Director,   Tax  Division,                                                                    
Department of  Revenue; Jerry Burnett,  Deputy Commissioner,                                                                    
Treasury Division, Department of Revenue.                                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 70     APPROP. LIMIT/BUDGET PROCESS/PERM FUND                                                                                
                                                                                                                                
          SB 70 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SENATE BILL NO. 70                                                                                                            
                                                                                                                                
     "An Act relating to an appropriation limit; relating                                                                       
     to the budget responsibilities of the governor;                                                                            
     relating to the Alaska  permanent fund, the earnings of                                                                    
     the  Alaska permanent  fund, and  the earnings  reserve                                                                    
     account;  relating to  the  mental  health trust  fund;                                                                    
     relating to  deposits into the dividend  fund; relating                                                                    
     to  the  calculation  and  payment  of  permanent  fund                                                                    
     dividends; and providing for an effective date."                                                                           
                                                                                                                                
9:06:23 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman remarked that  the Senate had introduced SB
70 primarily  to address the  deficit. He reminded  that the                                                                    
body  was constitutionally  obligated to  pass an  operating                                                                    
budget. He  remarked on the  state's dwindling  savings, and                                                                    
noted   that  the   legislature  had   reduced  the   budget                                                                    
substantially  from an  $8 billion  budget to  just over  $4                                                                    
billion. There  was still a  deficit of over $3  billion. He                                                                    
recounted that  the legislature  had struggled  the previous                                                                    
year in coming up with components to address the deficit.                                                                       
                                                                                                                                
Co-Chair  Hoffman pointed  out  that the  previous year  the                                                                    
Senate  had passed  SB 128  [legislation  pertaining to  the                                                                    
earnings  of the  Permanent Fund],  but was  unsuccessful in                                                                    
getting  any  major  legislation  to pass  both  bodies.  He                                                                    
commented that  there were one  year's worth of  reserves in                                                                    
the  Constitutional Budget  Reserve (CBR),  and it  was more                                                                    
critical than ever  that the legislature try  to address the                                                                    
fiscal concerns of the state.  He shared that the Senate had                                                                    
come  up with  additional  reductions,  including the  5-4-3                                                                    
plan, to  cut $750  million over  the course  of the  next 3                                                                    
years. He  thought that  SB 70 was  a critical  component of                                                                    
the Senate's  plan. He referred  to a spending  limit within                                                                    
the bill,  as well  as structural  changes to  the Permanent                                                                    
Fund   Dividend  (PFD)   Program.   He   thought  that   the                                                                    
restructuring  would  give the  people  of  the Alaska  some                                                                    
assurance  that  the  dividend would  be  protected  in  the                                                                    
future.  He  referenced  comments  from  the  governor  that                                                                    
suggested  that  without  structural  changes  the  dividend                                                                    
could  be in  jeopardy.  He believed  the  people of  Alaska                                                                    
deserved a PFD.                                                                                                                 
                                                                                                                                
Co-Chair Hoffman  continued discussing  the PFD  and thought                                                                    
it had averaged  about $1000 over the course of  the last 20                                                                    
years. He  recalled the first  dividend was $1000,  which he                                                                    
thought was  a fair  amount to target.  He thought  the bill                                                                    
was a beginning point. He felt  that the bill was crucial to                                                                    
any fiscal plan that came forward from the legislature.                                                                         
                                                                                                                                
9:10:37 AM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon expressed  that she  would like  to walk                                                                    
through the bill.                                                                                                               
                                                                                                                                
LAURA   CRAMER,   STAFF,  REPRESENTATIVE   ANNA   MACKINNON,                                                                    
discussed the Sectional  Analysis for SB 70  (copy on file).                                                                    
She  noted that  many of  the  provisions in  the bill  were                                                                    
similar to  SB 128,  which the  committee passed  during the                                                                    
previous  session.  She  related that  she  would  highlight                                                                    
which  sections  of  SB  70 were  similar  to  the  previous                                                                    
legislation.                                                                                                                    
                                                                                                                                
9:11:30 AM                                                                                                                    
                                                                                                                                
Ms. Cramer read from the Sectional Analysis:                                                                                    
                                                                                                                                
     *Section  1: Legislative  intent  that the  legislature                                                                    
     reevaluate  the use  of the  earnings of  the Permanent                                                                    
     Fund in three years                                                                                                        
                                                                                                                                
     *Section  2:  Removes  the  reference  to  the  current                                                                    
     statutory appropriation limit                                                                                              
                                                                                                                                
     *Section 3: Statutory Appropriation limit:                                                                                 
        · Unrestricted General Fund appropriations may not                                                                      
          exceed $4.1 billion                                                                                                   
        · Adjusts for inflation using known inflation data                                                                      
        · Inflation adjustment is based on the Consumer                                                                         
          Price Index for Anchorage prepared by the United                                                                      
          States Bureau of Labor Statistics                                                                                     
     Appropriation Limit excludes appropriations:                                                                               
        · To the Alaska Permanent Fund;                                                                                         
        · For Permanent Fund Dividend payments;                                                                                 
        · For payment of Debt obligations of the state                                                                          
          (e.g. - General Obligation Bonds and Certificates                                                                     
          of Participation);                                                                                                    
        · and for Capital projects                                                                                              
                                                                                                                                
     *Section   4:  Under   the   responsibilities  of   the                                                                    
     governor,  adds  language  requiring  the  governor  to                                                                    
     submit a report  with the release of  the December 15th                                                                    
     proposed  budget,   a  calculation  of   the  statutory                                                                    
     appropriation  limit and  how the  budget falls  within                                                                    
     the limit                                                                                                                  
                                                                                                                                
Ms. Cramer noted that language in Section 1 was identical                                                                       
to language from SB 128.                                                                                                        
                                                                                                                                
9:13:16 AM                                                                                                                    
                                                                                                                                
Ms. Cramer continued to address the sectional analysis:                                                                         
                                                                                                                                
     *Section  5: Dedicated  deposits  of  royalties to  the                                                                    
     Permanent  Fund  are  reduced from  the  current  25/50                                                                    
     split on  old/new leases to the  constitutional minimum                                                                    
     of 25%                                                                                                                     
                                                                                                                                
     *Section   6:  Requires   the  Alaska   Permanent  Fund                                                                    
     Corporation  to   determine  the  net  income   of  the                                                                    
     earnings  reserve  account   excluding  the  unrealized                                                                    
     gains  or losses.  Deletes  the  existing language  for                                                                    
     determining income available  for distribution from the                                                                    
     fund  "…21 percent  of the  net income…for  the last  5                                                                    
     fiscal years…"                                                                                                             
                                                                                                                                
     *Section  7: (b)  Defines the  Percent of  Market Value                                                                    
     payout as  five and one-quarter percent  of the average                                                                    
     year-end  market  value  of   the  Permanent  Fund  and                                                                    
     Earnings  Reserve Account  for  the first  five of  the                                                                    
     most recently  completed six  fiscal years.  The payout                                                                    
     may  not exceed  the year-end  balance of  the earnings                                                                    
     reserve  account  for  the   fiscal  year  just  ended.                                                                    
     Excludes the Amerada Hess funds from this calculation                                                                      
                                                                                                                                
     (c) Reserves 25% of the  POMV payout for dividends. The                                                                    
     remaining 75% of the payout  is subject to a dollar for                                                                    
     dollar  reduction as  oil and  gas revenue  rises above                                                                    
     $1.2 billion. The reduction takes  place if (1) exceeds                                                                    
     (2):                                                                                                                       
                                                                                                                                
          (1) Total amount of  non-dedicated royalties - oil                                                                    
          and gas  production taxes, mineral  lease rentals,                                                                    
          royalties,  royalty  sale   proceeds,  net  profit                                                                    
          shares,  and   federal  mineral   revenue  sharing                                                                    
          payments and  bonuses that are deposited  into the                                                                    
         general fund in the current fiscal years                                                                               
                                                                                                                                
          (2) $1,200,000,000 revenue limit                                                                                      
                                                                                                                                
Ms. Cramer continued to discuss the sectional analysis:                                                                         
                                                                                                                                
     *Section 8: Changes the Percent  of Market Value payout                                                                    
     from  five  and  one-quarter percent  to  five  percent                                                                    
    (effective date found in section 20, July 1, 2021)                                                                          
                                                                                                                                
     *Section 9: The Amerada  Hess funds which are deposited                                                                    
     into  the capital  income fund  are  not available  for                                                                    
     distribution under the POMV calculation                                                                                    
                                                                                                                                
     *Section 10: AS 37.13.145  is the Disposition of Income                                                                    
     of the Permanent Fund statute                                                                                              
     Subsection (e)  allows for  appropriation from  the ERA                                                                    
     to the general fund  subject to the provisions outlined                                                                    
     in Section 7                                                                                                               
     Subsection   (f)   provides   an   inflation   proofing                                                                    
     mechanism whereby  any amount in  the ERA over  4 times                                                                    
     the  POMV payout  (less the  payout just  made) may  be                                                                    
     appropriated to the Permanent Fund Principal                                                                               
                                                                                                                                
     *Section 11:  Allows for appropriation from  the ERA to                                                                    
     the Dividend fund 25% of  the amount calculated for the                                                                    
     POMV  (Dividends  are comprised  of  25%  of the  5.25%                                                                    
     POMV)                                                                                                                      
                                                                                                                                
Ms. Cramer pointed out that language from Section 9 had                                                                         
also been in SB 128.                                                                                                            
                                                                                                                                
9:16:29 AM                                                                                                                    
                                                                                                                                
Ms. Cramer continued to discuss the sectional analysis,                                                                         
noting that Section 12 was also language from the SB 128:                                                                       
                                                                                                                                
     Section  12:  Mental  Health  Trust  Fund  may  not  be                                                                    
     included  in the  computation of  income available  for                                                                    
     distribution under the POMV                                                                                                
                                                                                                                                
     *Section 13: Clarifies that the  amount to the dividend                                                                    
     fund is the amount appropriated (not transferred)                                                                          
                                                                                                                                
     *Section  14:   The  amount  of  each   Permanent  Fund                                                                    
     Dividend for  fiscal years 2018,  2019, and  2020 shall                                                                    
     be $1,000                                                                                                                  
                                                                                                                                
     *Section 15: Conforms to Sec.  11, which moves money to                                                                    
     the Dividend Fund by appropriation                                                                                         
                                                                                                                                
     *Section 16:  Once the money  is in the  Dividend Fund,                                                                    
     the Department of Revenue  shall annually pay dividends                                                                    
     without further appropriation                                                                                              
                                                                                                                                
     *Section  17: Repeals  current statutory  appropriation                                                                    
    limit language and the current dividend calculation                                                                         
                                                                                                                                
     *Section 18:  Repeals Section 14 -  $1,000 dividend for                                                                    
     three years on June 30, 2021                                                                                               
                                                                                                                                
     *Section   19:    Transition   language    giving   the                                                                    
     Commissioner of  Revenue and the Alaska  Permanent Fund                                                                    
     Corporation   the  authority   to  adopt   regulations,                                                                    
     policies, and procedures to implement this Act                                                                             
                                                                                                                                
     *Section 20: Previous section takes effect immediately                                                                     
                                                                                                                                
     *Section  21: Effective  date for  Section 8  - changes                                                                    
     the Percent of  Market Value payout from  five and one-                                                                    
     quarter percent to five percent, July 1, 2021                                                                              
                                                                                                                                
     *Section 22: Effective date of July 1, 2017                                                                                
                                                                                                                                
Co-Chair  Hoffman asked  if the  committee  had received  an                                                                    
opinion as to whether the bill met the single-subject rule.                                                                     
                                                                                                                                
Ms. Cramer  relayed that typically  there was a memo  at the                                                                    
time a bill  was drafted, and she had not  received one with                                                                    
SB 70.                                                                                                                          
                                                                                                                                
9:20:17 AM                                                                                                                    
                                                                                                                                
ROB   CARPENTER,   FISCAL  ANALYST,   LEGISLATIVE   FINANCE,                                                                    
discussed  the document  "LFD  Fiscal  Model," which  showed                                                                    
five graphs and a data table  (copy on file). He pointed out                                                                    
the  graph  in  the  upper  left  quadrant,  which  depicted                                                                    
Unrestricted  General  Fund  (UGF) revenue  and  UGF  budget                                                                    
under the bill scenario. The  blue bars denoted existing UGF                                                                    
revenue, and  the green bars  denoted the Percent  of Market                                                                    
Value (POMV) payout.  The orange bars depicted  usage of the                                                                    
Constitutional Budget  Reserve (CBR) to balance  the budget.                                                                    
He informed  that the bottom  axis showed fiscal  years from                                                                    
FY 16 to FY  26. The model showed that by  FY 26, the budget                                                                    
was virtually balanced. The table  on the bottom left of the                                                                    
sheet showed the  numbers reflected by the  graph. The graph                                                                    
showed that a $58 million deficit  would remain in FY 26. He                                                                    
noted  that  the margin  of  error  on the  projections  was                                                                    
significant, but  thought the  graph represented  a balanced                                                                    
budget.                                                                                                                         
                                                                                                                                
Mr. Carpenter drew  attention to the 2nd graph  on the left-                                                                    
hand side, which depicted the  health of the budget reserves                                                                    
under the  bill scenario.  He pointed  out the  orange bars,                                                                    
which  represented   the  CBR,  and  the   green  bars  that                                                                    
represented  the  Permanent  Fund Earnings  Reserve  Account                                                                    
(ERA).  The graph  entitled 'Dividend  Check'  on the  upper                                                                    
right of the  model depicted the status quo  dividend with a                                                                    
red line;  and the  dividend under  the model  of SB  70 was                                                                    
represented by a purple line.                                                                                                   
                                                                                                                                
Mr. Carpenter directed attention to  the middle graph on the                                                                    
right-hand  side of  the document,  "Permanent Fund,"  which                                                                    
showed the  health of the  fund under the model  compared to                                                                    
the status quo. The fund  maintained its real value over the                                                                    
time span, and ended in FY  26 at 102 percent of real value.                                                                    
He  noted that  the  PFD payout  (represented  on the  table                                                                    
below  the graph)  started at  5.75 percent  and dropped  to                                                                    
5.25  percent  and then  5  percent.  The plan  provided  an                                                                    
effective payout of  4.56 percent starting in  FY 18 because                                                                    
of the 5-year average.                                                                                                          
                                                                                                                                
Mr.  Carpenter  spoke  to  the graph  on  the  lower  right,                                                                    
"Payout  for  Dividends  and  General  Fund,"  which  was  a                                                                    
depiction of the  amount to be paid or  transferred into the                                                                    
General  Fund  (GF)  and the  amount  transferred  into  the                                                                    
dividend   fund.  Approximately   $1.8   billion  would   be                                                                    
transferred  in FY  18, rising  to $2  billion, with  almost                                                                    
$2.3 billion transferred to the GF by FY 26.                                                                                    
                                                                                                                                
9:23:36 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked if the  model assumed budget cuts had                                                                    
taken place.                                                                                                                    
                                                                                                                                
Mr. Carpenter noted that the model reflected no cuts.                                                                           
                                                                                                                                
Senator Dunleavy  asked if the  model showed a  $180 million                                                                    
capital budget.                                                                                                                 
                                                                                                                                
Mr. Carpenter answered in the affirmative.                                                                                      
                                                                                                                                
Senator  Dunleavy directed  attention  to  the bottom  right                                                                    
graph entitled  "Payout for Dividends and  General Fund." He                                                                    
asked if the  government take was greater, or  if it changed                                                                    
in relationship to the dividend after FY 23.                                                                                    
                                                                                                                                
Mr. Carpenter stated  that the payout amounts  were shown on                                                                    
a  table directly  below the  graph, and  observed that  the                                                                    
payouts went from $1.8 billion to  $2.1 billion in FY 23. He                                                                    
stated that  theoretically as the  market value of  the fund                                                                    
grew, the payout for government  and the dividend would grow                                                                    
with it.                                                                                                                        
                                                                                                                                
Senator  von  Imhof reflected  that  part  of  SB 70  had  a                                                                    
spending cap starting at $4.1  billion UGF. She asked if the                                                                    
total budget included designated funds or only UGF.                                                                             
                                                                                                                                
Mr.  Carpenter  explained  that the  model  showed  the  UGF                                                                    
budget  and revenue  picture, to  which  the spending  limit                                                                    
would apply.                                                                                                                    
                                                                                                                                
Senator  von Imhof  thought  the dotted  line  on the  graph                                                                    
should start at about $4.1 billion initially.                                                                                   
                                                                                                                                
Mr. Carpenter  answered in the  affirmative, and  noted that                                                                    
the dotted line on the  graph depicted roughly $4.3 billion,                                                                    
and  the  appropriation  limit excluded  appropriations  for                                                                    
state debt (general obligation bonds, etc).                                                                                     
                                                                                                                                
9:26:14 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  asked  if the  appropriation  limit  also                                                                    
excluded the capital budget of $180 million.                                                                                    
                                                                                                                                
Mr. Carpenter answered in the affirmative.                                                                                      
                                                                                                                                
Co-Chair  Hoffman   asked  if   the  inflation   factor  was                                                                    
calculated as a constant 2.25 percent.                                                                                          
                                                                                                                                
Mr. Carpenter  stated that the graphs  modelled 2.25 percent                                                                    
inflation.                                                                                                                      
                                                                                                                                
Co-Chair Hoffman  asked if Mr.  Carpenter could  explain the                                                                    
CBR earnings shown at 2.89 percent.                                                                                             
                                                                                                                                
Mr.  Carpenter  explained  that the  Department  of  Revenue                                                                    
currently estimated  that 2.89 percent was  the assumed rate                                                                    
of return for the CBR.                                                                                                          
                                                                                                                                
Co-Chair Hoffman  asked about  the rate  of return  over the                                                                    
previous ten years.                                                                                                             
                                                                                                                                
Mr. Carpenter  did not have  an exact figure,  but suggested                                                                    
that the rate of return  had been considerably low given the                                                                    
lower  balance in  the CBR,  which had  led to  conservative                                                                    
investments.                                                                                                                    
                                                                                                                                
Senator  Micciche noted  that the  committee tried  to apply                                                                    
pressure  (while  still  managing  liquidity)  and  to  more                                                                    
aggressively invest the CBR earnings  so that they were more                                                                    
similar to  the PFD.  He was glad  the model  was relatively                                                                    
conservative  with  the  CBR   earnings,  but  felt  that  a                                                                    
substantial amount of potential  earnings had been given up.                                                                    
He  hoped that  if the  legislation moved  forward that  the                                                                    
subject  would be  more carefully  evaluated. He  understood                                                                    
that there would  be a greater demand for  liquidity, but he                                                                    
thought  any greater  earnings  to the  CBR  would make  the                                                                    
model look better.  Any increase in the price of  oil or any                                                                    
additional  budget  cuts  would  also make  the  model  look                                                                    
better.  He  understood that  the  model  was predicated  on                                                                    
assumptions and the understanding of the fall forecast.                                                                         
                                                                                                                                
Mr. Carpenter agreed.                                                                                                           
                                                                                                                                
Senator Olson  asked if deferred maintenance  was considered                                                                    
under the modelling or was  part of the $180 million capital                                                                    
budget.                                                                                                                         
                                                                                                                                
Mr. Carpenter stated  that the $180 million  was higher than                                                                    
the  current  capital  budget,  and  considered  the  amount                                                                    
needed to  match federal funds.  He acknowledged  that there                                                                    
was some  amount built  in for  deferred maintenance  in the                                                                    
out years,  but it  was not a  significant amount  given the                                                                    
considerable backlog. He thought  there could be pressure to                                                                    
have a capital budget larger  than $180 million, but LFD had                                                                    
to assume a number for modelling purposes.                                                                                      
                                                                                                                                
9:30:12 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy referred  to Section  5 of  the bill,  and                                                                    
asked how the  split of dedicated deposits  of royalties was                                                                    
determined.                                                                                                                     
                                                                                                                                
Mr.  Carpenter  noted  that  Section   5  would  change  the                                                                    
dedicated  royalty  of  the  Permanent   Fund  back  to  the                                                                    
constitutionally  required minimum.  Currently, the  royalty                                                                    
to the  fund was based on  the minimum plus any  fields from                                                                    
1979; and  was averaging approximately 30  percent. The bill                                                                    
would  reduce the  royalty  to 25  percent  required by  the                                                                    
constitution, in order to provide more money to the GF.                                                                         
                                                                                                                                
Senator  Dunleavy asked  about Section  7, and  wondered why                                                                    
the 5.25 percent POMV was chosen.                                                                                               
                                                                                                                                
Co-Chair MacKinnon  communicated that  the same  POMV amount                                                                    
had been in SB 128 the previous year.                                                                                           
                                                                                                                                
Ms.  Cramer  stated  that the  committee  had  run  variable                                                                    
numbers through the model that  Mr. Carpenter had presented,                                                                    
and  the 5.25  percent was  chosen with  recognition of  the                                                                    
many  years  of deficit  spending  and  use of  the  state's                                                                    
reserves. More  funds were  needed to  help with  the fiscal                                                                    
challenges of the state at the  outset, and the rate was set                                                                    
at 5.25 for  three years. The amount was a  policy call made                                                                    
by the body.                                                                                                                    
                                                                                                                                
Senator  Micciche referenced  modelling that  was done  when                                                                    
considering SB 128  the previous year; and  the 5.25 percent                                                                    
had not "failed the test"  when considered by the committee.                                                                    
He asked  if the amount would  drop down to 5  percent after                                                                    
three years.                                                                                                                    
                                                                                                                                
Ms. Cramer  answered in the affirmative.  She reiterated Mr.                                                                    
Carpenter's  assertion that  the  effective  payout was  not                                                                    
5.25  percent, but  rather an  average of  approximately 4.5                                                                    
percent for the next 9 years.                                                                                                   
                                                                                                                                
Co-Chair MacKinnon  asked if the effective  payout was based                                                                    
on a five-year average.                                                                                                         
                                                                                                                                
Ms. Cramer answered in the affirmative.                                                                                         
                                                                                                                                
Co-Chair Hoffman noted  that the two areas  of great concern                                                                    
were  debt   service,  and   contributions  to   the  Public                                                                    
Employees'  Retirement  System   (PERS)  and  the  Teachers'                                                                    
Retirement  System  (TRS).  He  asked  how  the  items  were                                                                    
treated in the model, and  if there was a forecasted payment                                                                    
schedule.                                                                                                                       
                                                                                                                                
Mr.  Carpenter answered  in the  affirmative, and  specified                                                                    
that there was forecasted  state assistance, retirement, and                                                                    
debt service built  in to the operating  budget as projected                                                                    
by the actuaries.                                                                                                               
                                                                                                                                
9:34:05 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy  asked about Section  11, and  wondered why                                                                    
the appropriation to  fund the dividend was chosen  to be 25                                                                    
percent of the POMV, rather than a greater amount.                                                                              
                                                                                                                                
Ms. Cramer explained that the  amount was a policy decision.                                                                    
She noted that  there had been discussion of  33 percent and                                                                    
50 percent in other bills.                                                                                                      
                                                                                                                                
Senator   Dunleavy   asked   for  an   explanation   of   an                                                                    
appropriation versus a  transfer as listed in  Section 13 of                                                                    
the bill.                                                                                                                       
                                                                                                                                
Mr. Carpenter  stated that the  intent of Section 13  was to                                                                    
signify  that  there  would  be   an  appropriation  to  the                                                                    
Dividend  Fund, and  there  were  no further  appropriations                                                                    
required.                                                                                                                       
                                                                                                                                
Co-Chair  MacKinnon recalled  that the  governor had  vetoed                                                                    
the previous year's  dividend, and asked if  the language in                                                                    
Section  13   would  affect  his  ability   to  veto  future                                                                    
dividends.                                                                                                                      
                                                                                                                                
Mr. Carpenter answered in the negative.                                                                                         
                                                                                                                                
Senator Dunleavy  asked if the  governor could still  veto a                                                                    
dividend.                                                                                                                       
                                                                                                                                
Mr. Carpenter answered in the affirmative.                                                                                      
                                                                                                                                
Senator Micciche thought  it would be interesting  to have a                                                                    
retrospective  white paper  that  explicated the  objectives                                                                    
for  choosing  the  numbers associated  with  the  Permanent                                                                    
Fund,  such   as  the  amount   of  dedicated   deposits  of                                                                    
royalties. He  thought he had  broad-based knowledge  of the                                                                    
formation of the fund and  the ensuing dividend program that                                                                    
came after,  but thought  it would  be enlightening  for the                                                                    
public and members to have the additional information.                                                                          
                                                                                                                                
Co-Chair MacKinnon believed that many  did not know that the                                                                    
legislature had  contributed billions  of dollars  in excess                                                                    
of its  constitutional responsibility to make  sure that the                                                                    
fund was healthy.                                                                                                               
                                                                                                                                
9:38:01 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked about the  spending cap, and wondered                                                                    
how  to  prevent  the  shifting   of  operating  dollars  to                                                                    
capital.                                                                                                                        
                                                                                                                                
Co-Chair  MacKinnon stressed  that preventing  the shift  of                                                                    
funds  was the  legislature's responsibility.  In the  past,                                                                    
operating funds  had been called "one-time  items" and moved                                                                    
to  the capital  budget.  She referred  to  past actions  of                                                                    
Senator  Bert  Stedman;  who   had  extensive  knowledge  of                                                                    
finance,  and  had  adjusted  the books  so  that  the  fund                                                                    
shifting would not  occur. She thought it  was important for                                                                    
the legislature told hold itself  accountable in making sure                                                                    
that  capital   items  were  in  the   capital  budget,  and                                                                    
operating items  (recurring expenses) were in  the operating                                                                    
budget. As chair  of the capital budget,  she had identified                                                                    
items  in  the  current  capital budget  that  she  believed                                                                    
belonged  in the  operating budget.  She  affirmed that  the                                                                    
committee would realign the proposed  capital budget so that                                                                    
the policies and transactions stayed in the correct place.                                                                      
                                                                                                                                
Senator  Dunleavy  requested  the  LFD Fiscal  Model  to  be                                                                    
calculated after considering $300 million in cuts.                                                                              
                                                                                                                                
Co-Chair MacKinnon  asked about the presumption  for current                                                                    
spending used  to calculate  the model.  She thought  it had                                                                    
taken  a reduction  into account,  although  not the  entire                                                                    
$300 million referenced by Senator Dunleavy.                                                                                    
                                                                                                                                
Mr. Carpenter stated  that the $4.3 billion  depicted on the                                                                    
model was reflective  of the current spending  level. If the                                                                    
exclusions  under  the   appropriation  limit  were  assumed                                                                    
(primarily  the  amount going  to  debt  service), then  the                                                                    
total would be approximately $4.08 billion.                                                                                     
                                                                                                                                
Co-Chair  MacKinnon  asked  Mr.  Carpenter  to  prepare  the                                                                    
document  as  requested, accounting  for  the  goal of  $300                                                                    
million in reductions.                                                                                                          
                                                                                                                                
Senator von  Imhof wanted to discuss  the Anchorage Consumer                                                                    
Price Index (CPI) as the  inflation index. She thought using                                                                    
a 5-year  average of the  POMV helped to  reduce variability                                                                    
over time.  She shared  a concern  about variability  in the                                                                    
Anchorage  CPI. She  wondered if  LFD had  given thought  to                                                                    
doing  a   five-year  retrospective  look  at   the  CPI  in                                                                    
Anchorage. She understood that there  was a CPI recorded for                                                                    
Anchorage  but not  for Alaska  as  a whole.  She thought  a                                                                    
five-year  retrospective  would  provide a  smoother  number                                                                    
over time.                                                                                                                      
                                                                                                                                
Mr. Carpenter did  not believe there had  been discussion of                                                                    
averaging  of  the CPI,  but  thought  it was  a  reasonable                                                                    
consideration.   He  concurred   that  inflation   had  some                                                                    
volatility, although not as extreme as market returns.                                                                          
                                                                                                                                
9:42:26 AM                                                                                                                    
                                                                                                                                
Senator Micciche  asked if Mr.  Carpenter could  provide the                                                                    
committee  with a  20-year  chart of  the  Anchorage CPI  to                                                                    
provide more  understanding of the possible  fluctuation. He                                                                    
thought using the Anchorage CPI  also provided cost control,                                                                    
more so than an Alaska-wide index.                                                                                              
                                                                                                                                
Mr.  Carpenter  thought Senator  Micciche  had  made a  fair                                                                    
assessment.  He stated  that there  was a  more conservative                                                                    
growth  rate  in  the  appropriation   limit  by  using  the                                                                    
Anchorage CPI rather than an index of all of Alaska.                                                                            
                                                                                                                                
Ms. Cramer added  that as Senator von Imhof  had stated, the                                                                    
United  States Bureau  of Labor  Statistics only  provided a                                                                    
CPI  calculation for  Anchorage rather  than statewide.  She                                                                    
addressed   Senator   Dunleavy's  question   pertaining   to                                                                    
controlling operating expenses and  not shifting them to the                                                                    
capital budget. She  pointed out that on page 2,  line 19 of                                                                    
the bill  there was a  fairly strict definition  of "capital                                                                    
project." She  thought the definition  did not  preclude the                                                                    
shifting of appropriations, but  the definition was specific                                                                    
to  activities  such  as  construction,  repair,  structural                                                                    
improvement, land acquisition; with a $10,000 threshold.                                                                        
                                                                                                                                
Vice-Chair Bishop referred to the  downturn of the price oil                                                                    
in the  1980's, and recalled that  the state had grown  at a                                                                    
rate of 1  percent over about 20 years. He  thought the plan                                                                    
was  close to  optimal,  but might  need  small changes.  He                                                                    
referred  to deferred  maintenance, and  emphasized that  it                                                                    
was   necessary   for   the  legislature   work   with   the                                                                    
administration to  get on  a schedule. He  feared that  if a                                                                    
schedule  was not  accomplished, the  state would  never get                                                                    
out of a cycle of peaks and valleys with UGF funds.                                                                             
                                                                                                                                
9:46:05 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked  about the timeline of  the bill, and                                                                    
when  Co-Chair  MacKinnon expected  to  take  action on  the                                                                    
bill.                                                                                                                           
                                                                                                                                
Co-Chair  MacKinnon did  not  have an  expectation  as to  a                                                                    
timeline for  the bill,  and stated  that the  committee was                                                                    
waiting on  the Senate State  Affairs Committee to  send the                                                                    
other options.                                                                                                                  
                                                                                                                                
Senator Micciche  referred to Vice-Chair  Bishop's comments,                                                                    
and  thought everyone  could  agree that  the  state was  in                                                                    
emergency management mode the  past several years; and there                                                                    
had  been   no  opportunity  to  spend   funds  on  deferred                                                                    
maintenance. He agreed that deferred  maintenance was a debt                                                                    
burden that  would continue to  grow until there was  a plan                                                                    
in place. He  thought that the bill dealt  with the majority                                                                    
of  the fiscal  gap and  balanced the  budget over  time. He                                                                    
thought  increased  revenue  would allow  for  comprehensive                                                                    
planning.  He thought  that if  the price  of oil  went even                                                                    
lower it would necessitate  further cuts and possibly broad-                                                                    
based  taxes. He  hoped that  the plan  would stabilize  the                                                                    
economy and bring the state out  of a recession. He spoke to                                                                    
the investment  environment in the state  and the importance                                                                    
of a plan.                                                                                                                      
                                                                                                                                
9:49:12 AM                                                                                                                    
                                                                                                                                
Senator von  Imhof recounted that  the Anchorage  School had                                                                    
done  an analysis  and evaluated  each of  its buildings  to                                                                    
prioritize   and   create   a  scheduled   maintenance   and                                                                    
replacement  plan.  She  thought a  statewide  comprehensive                                                                    
evaluation would  be challenging but positive.  She pondered                                                                    
a reasonable prioritization and  evaluation system that made                                                                    
sense to plan over time.                                                                                                        
                                                                                                                                
Senator  Olson asked  how the  implementation  of the  state                                                                    
income  tax  would  affect  the model,  at  the  rate  being                                                                    
discussed in the other body.                                                                                                    
                                                                                                                                
Mr. Carpenter  stated that implementation  of an  income tax                                                                    
would be reflected  in a surplus in the  upper left quadrant                                                                    
on the model, and would be observable in about FY 23.                                                                           
                                                                                                                                
Senator  Dunleavy thought  the  state  needed a  maintenance                                                                    
schedule  as  discussed by  Senator  von  Imhof, to  include                                                                    
reevaluation of  assets and priority  setting. He  thought a                                                                    
selling  or  abandoning  of assets  was  also  important  to                                                                    
consider.                                                                                                                       
                                                                                                                                
Senator Dunleavy referred to  Senator Olson's question about                                                                    
income tax, and asked if  anything in the bill would prevent                                                                    
the spending of the proceeds from such a tax.                                                                                   
                                                                                                                                
Mr.  Carpenter   relayed  that  an   income  tax   would  be                                                                    
considered  UGF,  and  the   appropriation  limit  could  be                                                                    
exceeded with a simple majority vote.                                                                                           
                                                                                                                                
9:53:30 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked if the  price of oil would reduce the                                                                    
draw on  the permanent fund  and factor  into the use  of an                                                                    
income tax.                                                                                                                     
                                                                                                                                
Ms. Cramer  answered in the  affirmative. The  revenue limit                                                                    
applied to the POMV draw, and  oil and gas revenue above the                                                                    
amount.                                                                                                                         
                                                                                                                                
Co-Chair MacKinnon  discussed a possible amendment  to lower                                                                    
the revenue limit.                                                                                                              
                                                                                                                                
Senator Dunleavy  considered that  any tax revenue  could be                                                                    
included in the scenario.                                                                                                       
                                                                                                                                
Senator Micciche  thought that  the primary focus  should be                                                                    
on  the health  of  the  corpus of  the  Permanent Fund.  He                                                                    
agreed  with  Senator  Dunleavy  in  that  if  there  was  a                                                                    
dramatic  improvement   in  the  price  of   oil,  increased                                                                    
spending  could occur.  He thought  it was  necessary to  be                                                                    
absolutely  mindful   of  future  additional   revenues.  He                                                                    
reminded  that the  bill was  merely  adjusting an  existing                                                                    
statutory   spending  limit,   and  the   plan  was   for  a                                                                    
constitutional  limit in  the future  once right  growth was                                                                    
engaged.  He thought  there were  assets in  the state  that                                                                    
were kept on  the books. He reiterated  that the legislature                                                                    
would have to  exercise discipline to ensure  that the state                                                                    
did not return to a model of excess spending.                                                                                   
                                                                                                                                
9:57:15 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon understood that  departments had lists of                                                                    
its  facilities  as  well  as  the  schedule  in  place  for                                                                    
maintenance.                                                                                                                    
                                                                                                                                
Ms.  Cramer  relayed  that she  had  communicated  with  the                                                                    
Office of Management and Budget  (OMB) two weeks previously,                                                                    
and  found   that  it  had   a  running  list   of  deferred                                                                    
maintenance  with  prioritization  criteria.  She  furthered                                                                    
that OMB had a presentation  ready and available to show the                                                                    
committee.   She   affirmed   that   there   were   deferred                                                                    
maintenance plans within  individual departments directed by                                                                    
the governor's office.                                                                                                          
                                                                                                                                
Co-Chair   MacKinnon   recognized  departmental   staff   in                                                                    
attendance.                                                                                                                     
                                                                                                                                
Co-Chair  MacKinnon thought  all  the elements  of the  bill                                                                    
were extremely  important to Alaskans.  She stated  that the                                                                    
committee had  tried to expeditiously produce  the bill. She                                                                    
commented that  each section was  an opportunity to  "turn a                                                                    
knob"  in public  policy, such  as the  setting of  the POMV                                                                    
draw. She referred to a  recent constituent meeting at which                                                                    
someone  asked  about  the  POMV  draw,  which  was  a  flat                                                                    
percentage rate  of the total  value of the  Permanent Fund.                                                                    
The rate could  be used in a calculation  that would provide                                                                    
dividends and a revenue stream for state government.                                                                            
                                                                                                                                
10:00:18 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon noted  that each section of  the bill was                                                                    
an opportunity  to do things differently.  She remarked that                                                                    
the bill was  in draft form, and was subject  to change. She                                                                    
hoped to  move a piece  of legislation out of  the committee                                                                    
as  quickly as  possible. She  asserted the  national credit                                                                    
rating agencies were watching the  state. She noted that the                                                                    
state's unfunded pension liability  exceeded $6 billion. She                                                                    
pointed  out that  nationally pension  programs and  private                                                                    
programs were  reducing assumptions on returns.  She thought                                                                    
the  state  was  structurally imbalanced.  She  agreed  with                                                                    
other  proposals that  included  reductions. She  emphasized                                                                    
the collaborative process of  working within the legislature                                                                    
to solve  fiscal problems. She  expressed optimism  that the                                                                    
committee members would bring  diverse people's views to the                                                                    
table.   She  noted   that  the   state   had  the   highest                                                                    
unemployment  rate,  by  over  2 percent,  and  was  now  in                                                                    
recession.                                                                                                                      
                                                                                                                                
Co-Chair MacKinnon  discussed the  agenda for  the following                                                                    
day.                                                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:04:31 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:04 a.m.                                                                                         

Document Name Date/Time Subjects
SB70 Sponsor Statement.pdf SFIN 2/27/2017 9:00:00 AM
SB 70
SB70 Sectional Analysis.pdf SFIN 2/27/2017 9:00:00 AM
SB 70
SB 70 LFD 5.25%-5% POMV_75-25 Div.pdf SFIN 2/27/2017 9:00:00 AM
SB 70
SB 170 LFD Fiscal Model with $300m cut.pdf SFIN 2/27/2017 9:00:00 AM
SB 170