Legislature(2025 - 2026)BUTROVICH 205

03/28/2025 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 92 CORP. INCOME TAX; OIL & GAS ENTITIES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 128 CREATE DEPARTMENT OF AGRICULTURE TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
Bills Previously Heard/Scheduled
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         March 28, 2025                                                                                         
                           3:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Cathy Giessel, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Matt Claman                                                                                                             
Senator Forrest Dunbar                                                                                                          
Senator Scott Kawasaki                                                                                                          
Senator Shelley Hughes (via teleconference)                                                                                     
Senator Robert Myers                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Andrew Gray                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 92                                                                                                              
"An Act establishing an income tax on certain entities producing                                                                
or transporting oil or gas in the state; and providing for an                                                                   
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 128                                                                                                             
"An Act  establishing the Department of  Agriculture; relating to                                                               
the establishment of the  Department of Agriculture; transferring                                                               
functions  of  the Department  of  Natural  Resources related  to                                                               
agriculture to  the Department of Agriculture;  and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 92                                                                                                                   
SHORT TITLE: CORP. INCOME TAX; OIL & GAS ENTITIES                                                                               
SPONSOR(s): RESOURCES                                                                                                           
                                                                                                                                
02/10/25       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/10/25       (S)       RES, FIN                                                                                               
02/19/25       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/19/25       (S)       Heard & Held                                                                                           
02/19/25       (S)       MINUTE(RES)                                                                                            
03/03/25       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/03/25       (S)       Heard & Held                                                                                           
03/03/25       (S)       MINUTE(RES)                                                                                            
03/14/25       (S)       PRIME    SPONSOR   CHANGED    -   SENATE                                                               
                         RESOURCES COMMITTEE REPLACED SENATOR                                                                   
                         YUNDT                                                                                                  
03/14/25       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/14/25       (S)       Heard & Held                                                                                           
03/14/25       (S)       MINUTE(RES)                                                                                            
03/28/25       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 128                                                                                                                  
SHORT TITLE: CREATE DEPARTMENT OF AGRICULTURE                                                                                   
SPONSOR(s): RULES                                                                                                               
                                                                                                                                
03/12/25       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/12/25       (S)       RES, FIN                                                                                               
03/28/25       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
INTIMAYO HARBISON, Staff                                                                                                        
Senator Cathy Giessel                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the explanation of changes from                                                                 
version N to version L of SB 92.                                                                                                
                                                                                                                                
SONJA KAWASAKI, Legal Council                                                                                                   
Senate Majority Caucus                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an explanation of significant                                                                    
changes from version N to version L of SB 92.                                                                                   
                                                                                                                                
MICHAEL WILLIAMS, Corporate Tax Manager                                                                                         
Tax Division                                                                                                                    
Department of Revenue (DOR)                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions on SB 92.                                                                              
                                                                                                                                
WILLIAM HERMAN, representing self                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 92.                                                                            
                                                                                                                                
DOUG WOODBY, representing self                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 92.                                                                            
                                                                                                                                
PHILIP WIGHT, representing self                                                                                                 
Ester, Alaska                                                                                                                   
POSITION STATEMENT: Testified in support of SB 92.                                                                            
                                                                                                                                
AURORA ROPH, representing self                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 92.                                                                            
                                                                                                                                
DENNIS HULL, State Affairs Manager                                                                                              
Americans for Tax Reform                                                                                                        
Arlington, Virginia                                                                                                             
POSITION STATEMENT: Testified in opposition to SB 92.                                                                         
                                                                                                                                
REBECCA SIEGEL, representing self                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 92.                                                                            
                                                                                                                                
CATHERINE ROCCHI, Energy Fellow                                                                                                 
Alaska Public Interest Research Group (AKPIRG)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 92.                                                                            
                                                                                                                                
KEN GRIFFIN, representing self                                                                                                  
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in opposition to SB 92.                                                                         
                                                                                                                                
HUNTER LOTTSFELDT, Staff                                                                                                        
Senator Bill Wielechowski                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Gave an overview of SB 128 on behalf of the                                                               
Senate Rules Committee, Senator Wielechowski, Chair.                                                                            
                                                                                                                                
AMY SEITZ, Policy Director                                                                                                      
Alaska Farm Bureau                                                                                                              
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Gave a presentation in support of SB 128.                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:30:51 PM                                                                                                                    
CHAIR  GIESSEL called  the  Senate  Resources Standing  Committee                                                               
meeting to order  at 3:30 p.m. Present at the  call to order were                                                               
Senators    Myers,    Dunbar,     Wielechowski,    Hughes    (via                                                               
teleconference) and  Chair Giessel. Senators Claman  and Kawasaki                                                               
arrived thereafter.                                                                                                             
                                                                                                                                
          SB  92-CORP. INCOME TAX; OIL & GAS ENTITIES                                                                       
                                                                                                                                
3:31:47 PM                                                                                                                    
CHAIR GIESSEL announced  the consideration of SENATE  BILL NO. 92                                                               
"An Act establishing an income  tax on certain entities producing                                                               
or transporting  oil or gas  in the  state; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
3:31:59 PM                                                                                                                    
CHAIR GIESSEL solicited a motion.                                                                                               
                                                                                                                                
3:32:05 PM                                                                                                                    
SENATOR  WIELECHOWSKI moved  to  adopt  the committee  substitute                                                               
(CS) for SB 92, work order 34-LS0540\L, as the working document.                                                                
                                                                                                                                
3:32:15 PM                                                                                                                    
CHAIR GIESSEL objected for purposes of discussion.                                                                              
                                                                                                                                
3:32:30 PM                                                                                                                    
INTIMAYO  HARBISON, Staff,  Senator Cathy  Giessel, Alaska  State                                                               
Legislature,  Juneau, Alaska,  presented the  summary of  changes                                                               
from version N to version L of SB 92:                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                             SB 92                                                                                            
                     Explanation of Changes                                                                                   
                     version N to version L                                                                                     
                                                                                                                                
      Page 1, Lines 5-6: Strikes fund usage requirement of                                                                    
        "energy and electrical grid projects or upgrades                                                                        
     fund".                                                                                                                     
       Page 1, Lines 6-8: Conforming language related to                                                                      
     qualified entities.                                                                                                        
      Page 1, Lines 9-10: Adds new section for calculating                                                                    
     taxable income.                                                                                                            
         Page 1, Line 11: Creates new section (c) which                                                                       
     clarifies aggregation language under this section.                                                                         
     Page  1, Lines  11-14:  Conforming  changes related  to                                                                  
     taxable income.                                                                                                            
     Page 2, Lines  1-4: Strikes the creation  of the energy                                                                  
     and electrical grid projects or upgrades fund.                                                                             
     Page  2,  Lines  5-9:  Conforming  changes  related  to                                                                  
     qualified   entities  and   adding  limited   liability                                                                    
     company to the list of qualified entities.                                                                                 
     Page  2,  Lines  11-16:  Clarifies  the  definition  of                                                                  
     taxable income before deductions.                                                                                          
     Page 3,  Lines 1-31: Strikes non-relevant  tax sections                                                                  
     from bill.                                                                                                                 
     Page 3,  Lines 11-12:  Adds new section  (j) clarifying                                                                  
     deductions that  may be  taken when  calculating income                                                                    
     under  this   chapter.  Further   clarifies  deductions                                                                    
     listed in under AS 43.20.031 (j).                                                                                          
     Page 4,  Lines 1-27: Strikes non-relevant  tax sections                                                                  
     from bill.                                                                                                                 
     Page  4, Lines  30-31: Conforming  language related  to                                                                  
     qualified entities.                                                                                                        
                                                                                                                                
3:34:31 PM                                                                                                                    
CHAIR GIESSEL clarified  that CSSB 92, work  order 34-LS0540\L is                                                               
before the  committee. She  pointed out  that the  explanation of                                                               
changes is written to version  N and is therefore inaccurate. She                                                               
indicated  that  a  corrected explanation  of  changes  would  be                                                               
provided.                                                                                                                       
                                                                                                                                
MR.  HARBISON  clarified  that  the  explanation  of  changes  is                                                               
written to version N to indicate  the changes that were made from                                                               
version  N  to  version  L. He  suggested  that  considering  the                                                               
explanation of  changes alongside  version N  would clear  up any                                                               
confusion regarding page numbers and line sections.                                                                             
                                                                                                                                
3:35:27 PM                                                                                                                    
SENATOR DUNBAR asked whether  representatives from the Department                                                               
of Revenue (DOR) Tax Division were available for questions.                                                                     
                                                                                                                                
CHAIR GIESSEL  replied yes. She  indicated that  upcoming invited                                                               
testimony  may also  provide answers  to any  questions committee                                                               
members have.                                                                                                                   
                                                                                                                                
3:36:19 PM                                                                                                                    
SONJA  KAWASAKI, Legal  Counsel, Senate  Majority Caucus,  Alaska                                                               
State  Legislature,  Juneau, Alaska,  said  she  would provide  a                                                               
brief  overview of  the changes  from SB  92 version  N to  L and                                                               
would provide the  reasons for significant changes.  She said she                                                               
would also answer any questions.                                                                                                
                                                                                                                                
MS.  KAWASAKI  directed attention  to  CSSB  92, Section  1.  She                                                               
explained  that  the  deletion of  "energy  and  electrical  grid                                                               
projects or upgrades  fund" would allow the taxes  collected as a                                                               
result of SB 92 to flow  into the general fund. Several technical                                                               
and  conforming changes  follow. She  directed attention  to CSSB
92, page  1, lines 5-12  and explained that  in SB 92  version N,                                                               
"qualified"  modified "taxable  income."  In CSSB  92 Version  L,                                                               
"qualified"  modifies "entity."  This change  aligns with  common                                                               
vernacular  and  was recommended  by  the  Department of  Revenue                                                               
(DOR).                                                                                                                          
                                                                                                                                
3:37:30 PM                                                                                                                    
MS.  KAWASAKI   directed  attention   to  CSSB  92,   Section  1,                                                               
subsection b.  She explained that  this subsection adds  a method                                                               
for determining taxable income, which  was not included in SB 92,                                                               
version N.  This change was made  with the assistance of  DOR and                                                               
is modeled after  current corporate income tax  structure for oil                                                               
and gas producing and pipeline  transportation entities. She said                                                               
that,  when researching  qualifying  entities subject  to SB  92,                                                               
they discovered  an existing federal deduction  (passed under the                                                               
Tax Cuts  and Jobs Act of  2017 (TCJA)) would allow  a 20 percent                                                               
deduction  from qualified  business  income.  She explained  that                                                               
this  is problematic,  as state  law incorporates  (by reference)                                                               
Internal   Revenue   Service   (IRS)  code.   This   would   have                                                               
automatically  applied those  credits and  deductions to  the tax                                                               
under SB 92.  She stated that CSSB 92, version  L eliminates that                                                               
possibility.                                                                                                                    
                                                                                                                                
MS. KAWASAKI  said there  is a potential  concern related  to the                                                               
current operation  of corporate  income tax law  for corporations                                                               
in  the  oil and  gas  production  industry  and/or oil  and  gas                                                               
transportation  through  pipeline  industry.  Those  corporations                                                               
will  potentially have  subsidiaries that  are limited  liability                                                               
corporations (LLC) and/or S corporations  (S Corp). Under current                                                               
application  of the  law, DOR  would consider  those corporations                                                               
unitary businesses  and this  income is  already included  in the                                                               
corporate  income tax.  She explained  that CSSB  92 (version  L)                                                               
contains language  to ensure that  - for those  subsidiaries that                                                               
may potentially  meet the definition  of entities subject  to the                                                               
new  tax  in SB  92  -  the  taxation  remains connected  to  the                                                               
associated corporation.                                                                                                         
                                                                                                                                
3:40:44 PM                                                                                                                    
CHAIR GIESSEL asked where that is found in CSSB 92.                                                                             
                                                                                                                                
MS. KAWASAKI  clarified that  this is found  in CSSB  92 (version                                                               
L), page 2, lines 3-4.  She explained that this section initially                                                               
referred  only to  AS  43.0.011,  which applies  to  oil and  gas                                                               
corporations. The additional clause  ensures that this would also                                                               
apply to any entity  that is a part of a  unitary business with a                                                               
corporation that  pays tax under those  provisions. She suggested                                                               
checking with DOR to ensure  the provision works as intended. She                                                               
explained that  this provides clarification regarding  which area                                                               
of tax code applies to those subsidiary entities.                                                                               
                                                                                                                                
3:41:47 PM                                                                                                                    
SENATOR CLAMAN  directed attention  to CSSB  92, page  2, Section                                                               
1(c), and asked whether the practical  effect is that these are C                                                               
corporations rather than S corporations.                                                                                        
                                                                                                                                
3:42:03 PM                                                                                                                    
MS.  KAWASAKI replied  yes. She  explained  that this  subsection                                                               
excludes   those  corporations   and   their  subsidiaries   from                                                               
taxation.                                                                                                                       
                                                                                                                                
3:42:29 PM                                                                                                                    
SENATOR CLAMAN  asked for confirmation of  his understanding that                                                               
this is because C corporations are already paying the tax.                                                                      
                                                                                                                                
3:42:34 PM                                                                                                                    
MS. KAWASAKI confirmed this understanding.                                                                                      
                                                                                                                                
3:42:42 PM                                                                                                                    
SENATOR HUGHES  asked for confirmation of  her understanding that                                                               
the intention is to eliminate  double taxation of C corporations.                                                               
She  also asked  whether the  tax would  apply to  S corporations                                                               
before or after the 20 percent federal deduction.                                                                               
                                                                                                                                
3:43:45 PM                                                                                                                    
MS. KAWASAKI confirmed  that CSSB 92, Section  1(c) addresses the                                                               
issue of  double taxation. She  said that there is  an additional                                                               
provision later in  CSSB 92 that more  explicitly prevents double                                                               
taxation. She  emphasized that double taxation  was not intended.                                                               
She asked Senator Hughes to repeat her second question.                                                                         
                                                                                                                                
3:44:29 PM                                                                                                                    
SENATOR HUGHES recalled that federal  law allows S corporations a                                                               
20  percent   deduction.  She  asked  whether   the  9.4  percent                                                               
corporate tax  in CSSB 92 would  be applied before or  after that                                                               
deduction.                                                                                                                      
                                                                                                                                
3:44:50 PM                                                                                                                    
MS. KAWASAKI  clarified that the federal  deduction for qualified                                                               
business income  (which was  part of  TCJA and  was inadvertently                                                               
incorporated, by  reference, into SB  92, version N)  was removed                                                               
from CSSB 92, version L.  She further clarified that the entities                                                               
subject  to CSSB  92 would  not receive  that 20  percent federal                                                               
deduction.  She   shared  her  understanding  that   Congress  is                                                               
deliberating whether to extend that deduction beyond 2025.                                                                      
                                                                                                                                
3:45:34 PM                                                                                                                    
SENATOR HUGHES  asked for confirmation of  her understanding that                                                               
the 9.4  percent tax would  be multiplied by the  S corporation's                                                               
income  without the  application of  the 20  percent federal  tax                                                               
deduction.                                                                                                                      
                                                                                                                                
3:45:57 PM                                                                                                                    
MS. KAWASAKI  explained that taxable  income is  determined using                                                               
the same calculation  that is used to  determine corporate income                                                               
tax. This  change was suggested  by DOR.  She said she  could not                                                               
speak to  the specifics of  taxation but reiterated that  CSSB 92                                                               
prevents the  federal credits and  deductions for  these entities                                                               
from also  applying at the  state level. She reiterated  that she                                                               
cannot speak to specifics of the taxation function.                                                                             
                                                                                                                                
3:47:05 PM                                                                                                                    
MS.  KAWASAKI  continued  to  discuss the  changes  in  CSSB  92,                                                               
version  L.  She  directed  attention  to  CSSB  92,  Section  1,                                                               
subsection  e. She  explained  that  limited liability  companies                                                               
(LLC)  were unintentionally  omitted  from the  list of  entities                                                               
subject  to the  tax  in SB  92. She  briefly  explained why  the                                                               
omission  occurred and  explained that  subsequent discussions  -                                                               
along with DOR recommendations -  revealed that LLCs needed to be                                                               
explicitly included.                                                                                                            
                                                                                                                                
3:48:00 PM                                                                                                                    
SENATOR KAWASAKI joined the meeting.                                                                                            
                                                                                                                                
MS.  KAWASAKI  said the  next  change  involved the  deletion  of                                                               
taxable income  stipulations. She  explained that SB  92, version                                                               
N,  included taxable  income qualifiers  intended to  ensure that                                                               
entities  would not  be able  to give  out gifts  or bonuses  and                                                               
exclude   them  from   taxable  income.   Discussions  with   DOR                                                               
determined  that the  provision addressing  the corporate  income                                                               
tax taxable  income calculations  allayed those concerns  and the                                                               
associated  sections were  deleted from  version L.  She directed                                                               
attention to  CSSB 92, page 3,  Section 4(j). She said  that this                                                               
subsection  addresses  the  potential  for  double  taxation  and                                                               
offered  a  brief explanation  of  how  this would  function.  In                                                               
addition, SB  92, version  N, Sections 4-8  were meant  to inform                                                               
specific  areas  of  tax  code;   however,  those  sections  were                                                               
unrelated  to the  policy included  in SB  92 and  were therefore                                                               
removed from the CS.                                                                                                            
                                                                                                                                
3:51:04 PM                                                                                                                    
SENATOR DUNBAR asked  how much revenue version L  is estimated to                                                               
raise in comparison to version N.                                                                                               
                                                                                                                                
3:51:28 PM                                                                                                                    
MS. KAWASAKI  deferred the  question. She  said the  changes from                                                               
version  N to  L do  not intentionally  impact the  level of  tax                                                               
revenue.                                                                                                                        
                                                                                                                                
3:52:04 PM                                                                                                                    
MICHAEL   WILLIAMS,   Corporate   Tax  Manager,   Tax   Division,                                                               
Department  of Revenue  (DOR),  Anchorage,  Alaska, replied  that                                                               
[when  drafting version  L] DOR  considered  the original  policy                                                               
intent  (in version  N), which  was to  place a  tax on  entities                                                               
performing the  same type of  work as corporations  producing oil                                                               
and gas in  the state. He said that the  revenue estimate remains                                                               
the same for both versions.                                                                                                     
                                                                                                                                
3:52:48 PM                                                                                                                    
SENATOR DUNBAR  asked for confirmation of  his understanding that                                                               
the changes from  version N to L, some of  which are substantive,                                                               
are not  intended to  change the estimated  revenue raised  by SB
92.                                                                                                                             
                                                                                                                                
3:53:07 PM                                                                                                                    
MS. WILKERSON replied that this is correct.                                                                                     
                                                                                                                                
3:53:23 PM                                                                                                                    
CHAIR  GIESSEL  removed  her  objection.  She  found  no  further                                                               
objection and  CSSB 92,  work order  work order  34-LS0540\L, was                                                               
adopted.                                                                                                                        
                                                                                                                                
3:53:37 PM                                                                                                                    
CHAIR GIESSEL opened public testimony on SB 92.                                                                                 
                                                                                                                                
3:54:12 PM                                                                                                                    
WILLIAM HERMAN,  representing self, Anchorage,  Alaska, testified                                                               
in support  of SB 92. He  said he supports taxing  S corporations                                                               
such as Hilcorp.  He shared his understanding that  Alaska is the                                                               
only  state that  does  not  tax S  corporations.  He shared  his                                                               
understanding that  DOR estimates that,  if enacted, SB  92 would                                                               
generate  $200 million  per year.  He expressed  frustration that                                                               
the state  provides subsidies  for oil  and gas  corporations. He                                                               
opined   that  if   oil  and   gas  corporations   cannot  become                                                               
economically viable without subsidies,  the State of Alaska needs                                                               
to  decrease its  dependence  on  the oil  and  gas industry.  He                                                               
offered examples of potential solutions.                                                                                        
                                                                                                                                
3:55:47 PM                                                                                                                    
DOUG  WOODBY, representing  self,  Juneau,  Alaska, testified  in                                                               
support of SB  92. He said that SB 92  honors the Constitution of                                                               
the State  of Alaska, which  tasks the legislature  with ensuring                                                               
Alaskans  receive the  maximum benefit  from the  state's natural                                                               
resources. SB  92 does  this by  closing the  tax loophole  for S                                                               
corporations. He  opined that  closing the  loophole is  fair and                                                               
said that S  corporations pay income taxes in  every other state.                                                               
He  further opined  that changing  Alaska's tax  code to  reflect                                                               
what is  done in  other states  is common  sense. He  pointed out                                                               
that S  corporations can  deduct state  income taxes  when filing                                                               
federal tax returns.                                                                                                            
                                                                                                                                
3:56:50 PM                                                                                                                    
PHILIP  WIGHT, representing  self,  Ester,  Alaska, testified  in                                                               
support  of SB  92. He  recalled  the first  meeting of  Alaska's                                                               
Constitutional   Convention,  in   which   E.L.  "Bob"   Bartlett                                                               
expressed concerns  about how  the State  of Alaska  was managing                                                               
the  state's resources.  He briefly  quoted  from Mr.  Bartlett's                                                               
keynote address and shared his  belief that this challenge is one                                                               
Alaska continues to face. He  asserted that the political project                                                               
of  the State  of Alaska  was  focused on  ensuring that  outside                                                               
actors   could  not   extract  wealth   without  supporting   the                                                               
governmental   services    required   for    healthy,   permanent                                                               
communities. He said that Alaska is  the only state that does not                                                               
tax S corporations.                                                                                                             
                                                                                                                                
3:59:07 PM                                                                                                                    
AURORA ROPH,  representing self, Anchorage, Alaska,  testified in                                                               
support of  SB 92. She  stated that, during her  lifetime, Alaska                                                               
has struggled  to pay for  necessary services  while corporations                                                               
have  made  millions  of dollars  from  Alaska's  resources.  She                                                               
opined that  closing the  tax loophole  for S  corporations makes                                                               
sense. She said  that all other states have a  similar income tax                                                               
for S  corporations. She added  that she also supports  using the                                                               
tax  revenue for  energy infrastructure  upgrades. She  commented                                                               
that SB 92 has bipartisan support and noted that this is rare.                                                                  
                                                                                                                                
4:00:10 PM                                                                                                                    
DENNIS  HULL, State  Affairs Manager,  Americans for  Tax Reform,                                                               
Arlington, Virginia, testified in opposition  to SB 92. He sought                                                               
to  correct  the  misconception  that  all  other  states  tax  S                                                               
corporations.  He  explained  that  several  other  states  (e.g.                                                               
Florida, Wyoming,  and South Dakota)  do not tax  S corporations.                                                               
Other states  levy a  very small tax  (e.g. Nevada).  Some states                                                               
that levy a personal income  tax exclude S corporations and other                                                               
small businesses (e.g. Kansas). He  said Americans for Tax Reform                                                               
is  finalizing  data  on  this  topic  and  intends  to  make  it                                                               
available  in  the coming  week.  He  pointed out  that  Alaska's                                                               
corporate  tax rate  is  the  fourth highest  in  the nation.  In                                                               
addition,  Alaska has  ten tax  brackets, which  is significantly                                                               
more than other states.                                                                                                         
                                                                                                                                
MR. HULL contrasted this with  California, which has a high, flat                                                               
tax  rate for  all  corporations. He  briefly  discussed how  the                                                               
proposed tax in SB 92 compares  to other states. He asserted that                                                               
any  progressive tax  system  punishes  successful companies  and                                                               
opined that  this phenomenon is especially  pronounced in Alaska.                                                               
He  stated that  SB 92  would place  a burden  on any  relatively                                                               
successful business  in Alaska and  added that,  since statehood,                                                               
corporations in Alaska have been  on an uneven playing field when                                                               
compared  to other  states. He  briefly  discussed the  potential                                                               
negative impact that overhauling  the S corporation tax structure                                                               
would have on future investments in the state.                                                                                  
                                                                                                                                
4:02:42 PM                                                                                                                    
REBECCA SIEGEL,  representing self, Fairbanks,  Alaska, testified                                                               
in support of SB  92. She said she is a  teacher in Fairbanks and                                                               
briefly  discussed  how  the  State  of  Alaska's  budget  crisis                                                               
impacts education.  She opined  that it  is irresponsible  not to                                                               
close the S  corporation tax loophole. She stated  that the money                                                               
generated by  SB 92 could be  used to fund education.  She opined                                                               
that  this  is  a  commonsense   solution.  She  noted  that  the                                                               
Constitution of  the State  of Alaska  requires that  the state's                                                               
resources be  used to benefit  all Alaskans and opined  that this                                                               
requires  taxing S  corporations.  She  shared her  understanding                                                               
that the  oil and  gas industry  is creating  fewer jobs  than in                                                               
years  past  and  opined  that   job  creation  is  no  longer  a                                                               
reasonable argument  for limiting  the taxes on  the oil  and gas                                                               
industry.                                                                                                                       
                                                                                                                                
4:04:52 PM                                                                                                                    
CATHERINE ROCCHI, Energy Fellow,  Alaska Public Interest Research                                                               
Group  (AKPIRG), Anchorage,  Alaska, testified  in support  of SB
92. She stated  that creating a tax break for  S corporations was                                                               
not a  deliberate policy decision;  rather, it was  an accidental                                                               
byproduct of  eliminating Alaska's  personal income tax  in 1980.                                                               
She  briefly discussed  how, in  2020, affiliated  S corporations                                                               
acquired all  of BP's Alaska  assets -  resulting in the  loss of                                                               
millions of  dollars of annual  corporate income tax  revenue for                                                               
the  State  of  Alaska.  She   encouraged  committee  members  to                                                               
consider  closing the  loophole as  a  way to  recoup income  tax                                                               
revenues that the  State of Alaska depended on  for decades prior                                                               
to 2020 (rather than considering it  as a source of new revenue).                                                               
Speaking on behalf of herself,  she shared that she has discussed                                                               
SB 92 with  many people (including some  Hilcorp employees). Each                                                               
person  has expressed  shock that  Hilcorp  is not  subject to  a                                                               
corporate income tax.                                                                                                           
                                                                                                                                
4:07:11 PM                                                                                                                    
KEN  GRIFFIN, representing  self, Wasilla,  Alaska, testified  in                                                               
opposition to  SB 92.  He asserted that  SB 92  would effectively                                                               
create a 9.4  percent state income tax, as  corporations pass the                                                               
cost to  consumers. He briefly  discussed how a state  income tax                                                               
would compare to  the State of Alaska's budget  deficit, which is                                                               
estimated to increase  in the coming years. He  said that levying                                                               
a  state  income tax  and  taking  a  portion of  each  Alaskan's                                                               
Permanent Fund Dividend (PFD) would  not cover the current budget                                                               
deficit.  He  briefly  discussed  how the  market  functions  and                                                               
emphasized the high cost of  renewable energy. He opined that the                                                               
problem  is not  that the  state cannot  make money  but how  the                                                               
state  spends  its  money  (namely, on  increasing  the  size  of                                                               
government). He opined that if  the state had focused on building                                                               
a  more efficient  private sector,  there would  not be  a budget                                                               
deficit. He  briefly discussed  the legislature's  budget process                                                               
and implied  that this process  is ineffective. He  asserted that                                                               
increasing taxes would create a  larger issue by driving Alaskans                                                               
to relocate to other states.                                                                                                    
                                                                                                                                
4:09:35 PM                                                                                                                    
CHAIR GIESSEL held public testimony on SB 92 open.                                                                              
                                                                                                                                
4:09:47 PM                                                                                                                    
CHAIR GIESSEL held SB 92 in committee.                                                                                          
                                                                                                                                
            SB 128-CREATE DEPARTMENT OF AGRICULTURE                                                                         
                                                                                                                                
4:10:06 PM                                                                                                                    
CHAIR GIESSEL announced the consideration  of SENATE BILL NO. 128                                                               
"An Act  establishing the Department of  Agriculture; relating to                                                               
the establishment of the  Department of Agriculture; transferring                                                               
functions  of  the Department  of  Natural  Resources related  to                                                               
agriculture to  the Department of Agriculture;  and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
4:10:38 PM                                                                                                                    
SENATOR  WIELECHOWSKI,  speaking as  Chair  of  the Senate  Rules                                                               
Committee, sponsor  of SB  128, said  that the  governor recently                                                               
pursued  Executive   Order  (EO)   136,  which  would   create  a                                                               
Department  of Agriculture.  At  that time,  there were  concerns                                                               
related  to  the  cost  of  the new  department,  what  it  would                                                               
include,  its  mission,  and  its   focus.  He  opined  that  one                                                               
overriding issue  was that the  legislature should have a  say in                                                               
the creation  of a new department.  He stated that SB  128 allows                                                               
the  legislature  to have  discussions  and  to hear  input  from                                                               
Alaskans  on this  topic (which  would  not be  possible with  an                                                               
executive order).                                                                                                               
                                                                                                                                
4:11:38 PM                                                                                                                    
CHAIR GIESSEL asked for an overview of SB 128.                                                                                  
                                                                                                                                
4:11:57 PM                                                                                                                    
HUNTER  LOTTSFELDT,  Staff,  Senator  Bill  Wielechowski,  Alaska                                                               
State  Legislature, Juneau,  Alaska,  explained that  SB 128  was                                                               
modeled  after  EO  136.  SB  128  would  take  the  Division  of                                                               
Agriculture from  the Department  of Natural Resources  (DNR) and                                                               
create a Department  of Agriculture. He noted  that the sectional                                                               
analysis would be considered at  a future meeting. He stated that                                                               
SB  128 includes  conforming changes  that provide  clarification                                                               
(e.g.   distinguishing   between   the   Alaska   Department   of                                                               
Agriculture and the  US Department of Agriculture).  He said that                                                               
the conforming changes  also ensure that the  commissioner is the                                                               
head   of  the   department  and   the  point   of  contact   for                                                               
interdepartmental  interactions. He  noted concerns  that SB  128                                                               
would eliminate  the Board of  Agriculture. He clarified  that SB
128  does   not  eliminate   the  board.   He  stated   that  the                                                               
commissioner would be the executive  of the Board of Agriculture.                                                               
He explained  that agricultural  issues would  be brought  to the                                                               
commissioner, who would then report to the board.                                                                               
                                                                                                                                
4:13:50 PM                                                                                                                    
CHAIR GIESSEL  noted upcoming invited  testimony from  the Alaska                                                               
Farm Bureau.  She confirmed that  the sectional analysis  and any                                                               
questions would be considered at a future meeting.                                                                              
                                                                                                                                
4:14:25 PM                                                                                                                    
AMY  SEITZ,  Policy  Director,   Alaska  Farm  Bureau,  Soldotna,                                                               
Alaska, expressed  appreciation for the discussions  and hearings                                                               
on  this topic.  She  noted positive  feedback  from the  farming                                                               
industry.  She noted  that much  of the  structure is  already in                                                               
place, which can help guide the discussion of SB 128.                                                                           
                                                                                                                                
4:15:48 PM                                                                                                                    
MS.  SEITZ advanced  to slide  2  and discussed  the mission  and                                                               
vision of the proposed Department of Agriculture:                                                                               
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                       Mission and Vision                                                                                     
                                                                                                                                
        Support, promote and encourage development of an                                                                        
     agriculture (and mariculture) industry in Alaska that                                                                      
     is viable, profitable and sustainable.                                                                                     
                                                                                                                                
     Promote   an  economically   stable  agriculture   (and                                                                    
     mariculture) industry  for Alaska that can  enhance the                                                                    
     quality of  life for its people,  create sustainability                                                                    
     of its communities and  environment, and encourages new                                                                    
     business development opportunities for all Alaskans.                                                                       
                                                                                                                                
MS. SEITZ  said this mission  and vision is essentially  the same                                                               
as the current mission of  the Division of Agriculture. She noted                                                               
that she included "mariculture" as  this could be included in the                                                               
Department  of  Agriculture.  She opined  that,  ultimately,  the                                                               
mission  of   the  department  should   be  to  build   a  strong                                                               
agriculture  (and  perhaps  also mariculture)  industry  for  the                                                               
benefit of Alaskans.                                                                                                            
                                                                                                                                
4:16:39 PM                                                                                                                    
MS. SEITZ  advanced to slide 3  and provided an overview  of some                                                               
of the goals  a Department of Agriculture should  have. She noted                                                               
that these are goals of the current Division of Agriculture:                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                             Goals                                                                                            
                                                                                                                                
        • Increase production                                                                                                   
        • Market development - promote buying local at all                                                                      
          market levels                                                                                                         
        • Increase economic viability in all types and                                                                          
          sizes of farm and food businesses                                                                                     
        • Improve transportation system                                                                                         
        • Improve food security                                                                                                 
        • Assist with expanding infrastructure                                                                                  
        • Increase access to capital                                                                                            
        • Expand support programs statewide                                                                                     
        • Improve access to and protect lands and waters                                                                        
          suitable for farming                                                                                                  
                                                                                                                                
MS. SEITZ stated  that the Division of Agriculture  does not have                                                               
the  capacity  or  funding  required  to  meet  these  goals.  In                                                               
addition to  the high-level goals,  there are resources  for more                                                               
specific  goals. She  referred to  reports from  the Alaska  Food                                                               
Security  and  Independence  Task   Force  and  the  Alaska  Food                                                               
Strategy Task Force  (AFSTF), which include goals  and steps that                                                               
can  focus and  guide  the  new department.  She  noted that,  if                                                               
mariculture  is  added  to  the   department,  there  is  also  a                                                               
Mariculture  Task  Force  report.  She  added  that  there  is  a                                                               
significant amount  of feedback from industry  organizations that                                                               
can help guide the department.                                                                                                  
                                                                                                                                
CHAIR GIESSEL  commented that it  sounds as though  an additional                                                               
task force is not needed.                                                                                                       
                                                                                                                                
4:18:09 PM                                                                                                                    
MS. SEITZ agreed  and added that AFSTF developed  a Department of                                                               
Agriculture white  paper, with goals for  expanding programs. She                                                               
suggested that  a working group  may be unnecessary, as  the work                                                               
is already done. She opined that  the decision simply needs to be                                                               
made.                                                                                                                           
                                                                                                                                
4:18:36 PM                                                                                                                    
SENATOR CLAMAN  said that  he did  not support  EO 136.  He asked                                                               
whether the Division of Agriculture  with its current budget - or                                                               
a Department of  Agriculture with half of the funding  - would be                                                               
more effective at accomplishing the goals on slide 3.                                                                           
                                                                                                                                
4:19:02 PM                                                                                                                    
MS. SEITZ  said the division  currently receives $5  million. She                                                               
indicated  that, with  its current  funding  level, the  division                                                               
does not have the capacity to  do the work required to meet those                                                               
goals.  She  clarified that  she  does  not support  cutting  the                                                               
current budget. She emphasized that  the division needs the voice                                                               
[of a commissioner]  to bring Alaska's agriculture  industry to a                                                               
new level. She  said an upcoming slide would  discuss the history                                                               
of the  division and why the  voice of a commissioner  is needed.                                                               
She  acknowledged  that  it  is always  possible  to  reduce  the                                                               
budget, but emphasized that a  lower budget would be ineffective,                                                               
as the current budget is not adequate.                                                                                          
                                                                                                                                
4:20:03 PM                                                                                                                    
SENATOR  CLAMAN clarified  that  he is  not  suggesting that  the                                                               
department should start  with a smaller budget  than the division                                                               
currently has.  However, he expressed concern  that splitting the                                                               
division  into  its  own   department  might  overextend  limited                                                               
resources.  He recalled  instances  when  large departments  were                                                               
split into smaller departments and  suggested that the first step                                                               
should be to grow the division  and make these changes within the                                                               
existing structure  before spending  the time, effort,  and money                                                               
to create a  new department. He surmised that  the division would                                                               
likely get  the same amount  done with  the same amount  of money                                                               
[as a  Department of Agriculture would].  He expressed skepticism                                                               
and opined  that, without  the necessary  resources, it  does not                                                               
matter whether the title is "division" or "department."                                                                         
                                                                                                                                
4:20:55 PM                                                                                                                    
MS. SEITZ  indicated that the  Alaska Farm Bureau  has repeatedly                                                               
requested  a strong  division; however,  those efforts  have been                                                               
unsuccessful. She expressed  skepticism that providing additional                                                               
funding now  would build a  strong division that  would continue,                                                               
as the  level of future  support is unknown. She  emphasized that                                                               
it would be  difficult to rely on increased  funding knowing that                                                               
there is  the potential to  lose legislative support  and funding                                                               
in the future.                                                                                                                  
                                                                                                                                
4:21:53 PM                                                                                                                    
SENATOR WIELECHOWSKI  posed a hypothetical  example and  asked if                                                               
creating a department with the same  amount of funding - but with                                                               
a  need  for  additional  employees   -  would  create  a  better                                                               
situation than the current Division of Agriculture.                                                                             
                                                                                                                                
4:22:18 PM                                                                                                                    
MS.  SEITZ  replied  that  it would  not  immediately  create  an                                                               
improved  situation;  however,  it  could  create  the  structure                                                               
needed for  improvements over time.  She suggested that if  SB 92                                                               
passes,  it  may be  possible  to  find additional  funding.  She                                                               
pointed out that  it would take $300,000 from  each department to                                                               
double the budget for the  Division of Agriculture. She clarified                                                               
that she  is not  recommending this;  however, this  would double                                                               
the division's capacity.                                                                                                        
                                                                                                                                
4:23:10 PM                                                                                                                    
SENATOR  WIELECHOWSKI  indicated   that  if  unlimited  financial                                                               
resources  were  available,  it  would be  an  easy  decision  to                                                               
support  the increase.  He pointed  out that  the growing  budget                                                               
deficit increases competition  for available financial resources.                                                               
He  asked  how  much  funding  is needed  to  make  the  proposed                                                               
Department of Agriculture effective.                                                                                            
                                                                                                                                
4:23:41 PM                                                                                                                    
MS. SEITZ  replied that she does  not know the ideal  number. She                                                               
referred  to the  AFSTF Department  of  Agriculture white  paper,                                                               
which  includes steps  for  moving  forward, additional  staffing                                                               
requirements,  and recommended  funding amounts.  She noted  that                                                               
there are also recommendations  for agricultural development. She                                                               
recalled  $1   million  in  program   funding,  $3   million  for                                                               
forgivable loans,  and an additional  $1 million  for mariculture                                                               
program development. She acknowledged  the current budget deficit                                                               
and  suggested   taking  incremental   steps  toward   the  goals                                                               
presented  in  the  white  paper.   She  suggested  creating  the                                                               
department now and  building the programs out more  in the future                                                               
when funding is available.                                                                                                      
                                                                                                                                
MS. SEITZ  emphasized that she  is aware  that a large  amount of                                                               
funding is  needed and expressed confidence  that agriculture has                                                               
much to  offer Alaska in  terms of economic development  and food                                                               
security.   She  listed   several   opportunities  for   economic                                                               
development,  including  in-state   fertilizer  development  (via                                                               
mariculture).  This would  support both  the mariculture  farmers                                                               
and land-based  farmers, create new agriculture  enterprises, and                                                               
keep money in-state.                                                                                                            
                                                                                                                                
4:26:10 PM                                                                                                                    
SENATOR MYERS  briefly commented  on the budget  approval process                                                               
and opined  that it will always  be acrimonious. He asked  what a                                                               
Department of Agriculture  would offer and how  that differs from                                                               
what the Division of Agriculture offers.                                                                                        
                                                                                                                                
4:26:47 PM                                                                                                                    
MS. SEITZ  replied that  agricultural land  leasing is  one issue                                                               
that  a  department  could  more   easily  address.  She  briefly                                                               
explained that  the Division of  Agriculture (which is a  part of                                                               
the  Department of  Natural Resources  (DNR)) must  seek approval                                                               
from  the  DNR  commissioner  in  order  for  issues  to  receive                                                               
legislative  attention. She  acknowledged  that  the current  DNR                                                               
commissioner is  friendly to agricultural  issues and  shared her                                                               
understanding   that  upcoming   legislation   may  resolve   the                                                               
aforementioned leasing  issues. She  stated that the  Alaska Farm                                                               
Bureau has pushed  for years to make these  changes; however, the                                                               
request  never  rises  above the  Division  of  Agriculture.  She                                                               
stated that a commissioner of  agriculture would be able to bring                                                               
those  needs   directly  to  the  legislature.   In  addition,  a                                                               
commissioner would  be able to  work directly with  executives at                                                               
large-scale retail outlets and to  work with in-state procurement                                                               
across  multiple  departments.  She emphasized  that  discussions                                                               
between department  commissioners flow  more smoothly  than those                                                               
between  a commissioner  and a  division director.  She indicated                                                               
that there  are additional ways  a department would  better serve                                                               
agriculture in the state.                                                                                                       
                                                                                                                                
4:28:43 PM                                                                                                                    
CHAIR GIESSEL  observed that slide  6 contains  an organizational                                                               
chart.                                                                                                                          
                                                                                                                                
4:29:00 PM                                                                                                                    
MS.  SEITZ  advanced   to  slide  6,  containing   a  flow  chart                                                               
illustrating  the  proposed  organization of  the  Department  of                                                               
Agriculture. She explained that  AFSTF produced the Department of                                                               
Agriculture  white paper  over time  and with  industry feedback.                                                               
She stated  that this is a  starting point to illustrate  what is                                                               
possible  and  could  be  done  over  time.  She  opined  that  a                                                               
commissioner of agriculture would  be more successful at carrying                                                               
out  some of  the necessary  conversations and  offered examples.                                                               
She said  that the organizational  chart provides  some structure                                                               
and opined that it makes sense  to take small steps to start. She                                                               
noted the  interest in combining agriculture  and mariculture and                                                               
said   that  some   program   expansion   would  be   beneficial,                                                               
particularly with respect to development.  She suggested that the                                                               
commissioner  could   focus  on   priority  areas.   She  briefly                                                               
discussed  expanding  grant   capacity  and  evaluating  external                                                               
funding  sources. She  reiterated that  it would  be possible  to                                                               
begin with a limited capacity and focus on growth over time.                                                                    
                                                                                                                                
4:31:33 PM                                                                                                                    
CHAIR GIESSEL  commented on the  high price of poultry  and shell                                                               
eggs. She  opined that expanding local  production would increase                                                               
food security.  She shared her  understanding that  Alaska's seed                                                               
potatoes - and other varieties of seed - are sought after.                                                                      
                                                                                                                                
4:32:01 PM                                                                                                                    
MS.  SEITZ  confirmed  that Alaska's  seed  potatoes  are  sought                                                               
internationally  because   of  the  high  quality.   She  said  a                                                               
commissioner  would  be  better positioned  to  communicate  with                                                               
other countries  and navigate the  export market. In  addition to                                                               
seed potatoes,  there may  be a potential  export market  for raw                                                               
canola seeds  and peonies.  She emphasized  the need  for someone                                                               
who can  coordinate and  expand those  markets. She  said poultry                                                               
and eggs  is an  area that  could quickly  expand with  the right                                                               
support.                                                                                                                        
                                                                                                                                
4:33:24 PM                                                                                                                    
MS.  SEITZ  returned to  slide  5  and discussed  the  department                                                               
focus.  Slide  5 indicates  that  the  Department of  Agriculture                                                               
should neither  include fisheries  nor be renamed  the Department                                                               
of  Food   Security.  She  emphasized  that   the  Department  of                                                               
Agriculture should  focus on the industries  that are cultivating                                                               
agricultural   products.  She   expressed  confusion   about  the                                                               
suggestion   to   include   fisheries  in   the   Department   of                                                               
Agriculture,  although   recent  conversations  have   helped  to                                                               
clarify   the  reasoning.   She  explained   that  from   farming                                                               
standpoint, there  are concerns  that including fisheries  in the                                                               
department  would  push  agriculture  issues aside  in  favor  of                                                               
fisheries issues.                                                                                                               
                                                                                                                                
MS.  SEITZ  emphasized  that  the  intention  behind  creating  a                                                               
Department  of Agriculture  is to  make  agriculture a  priority,                                                               
whereas fisheries  is already  a high priority  for the  State of                                                               
Alaska. She opined  that fisheries and agriculture  should not be                                                               
placed in  the same department;  however, she  expressed interest                                                               
in  continuing  conversations  around the  reasoning  behind  the                                                               
suggestion. With respect to renaming  the department to reflect a                                                               
focus on food security, she  acknowledged that that food security                                                               
is  important.  However, food  security  is  a broad  topic  that                                                               
reaches well beyond the scope  of agriculture. She indicated that                                                               
renaming the  proposed Department  of Agriculture  the Department                                                               
of  Food   Security  would   reduce  the   department's  intended                                                               
agricultural focus.  It would  also leave out  farms that  do not                                                               
produce  food  (e.g. peony  farms).  She  reiterated that  it  is                                                               
important to ensure that the department name reflects its focus.                                                                
                                                                                                                                
4:36:27 PM                                                                                                                    
SENATOR DUNBAR  agreed that a  Department of Food  Security would                                                               
focus  on  Electronic  Benefit Transfer  (EBT)  and  Supplemental                                                               
Nutrition  Assistance  Program (SNAP)  funding  and  the Port  of                                                               
Alaska,  which is  not what  the  Farm Bureau  is requesting.  He                                                               
recalled from discussions of EO  136 that cannabis is the largest                                                               
cash crop grown  in Alaska. He asked what role  the Department of                                                               
Agriculture would have  in promoting or regulating  the growth of                                                               
cannabis products.                                                                                                              
                                                                                                                                
4:36:58 PM                                                                                                                    
MS. SEITZ  emphasized that  she is speaking  for the  Alaska Farm                                                               
Bureau,  not for  the  state.  She stated  that  cannabis is  not                                                               
federally approved  and is therefore  not a  federal agricultural                                                               
product. She  surmised that the current  division protocols would                                                               
continue  to  apply  and  shared   her  understanding  that  this                                                               
requires  the  reporting of  any  hemp  that  does not  meet  the                                                               
tetrahydrocannabinol  (THC)  threshold.  She noted  that  SB  128                                                               
would move cannabis over to  the department. She surmised that it                                                               
is not  the goal to  have the Department of  Agriculture regulate                                                               
cannabis.  She  reiterated  her understanding  that  the  current                                                               
protocol is for hemp growers to  report any THC that is above the                                                               
legal limit.                                                                                                                    
                                                                                                                                
4:38:05 PM                                                                                                                    
SENATOR  DUNBAR  asked whether  a  change  to federal  law  would                                                               
change the  Department of Agriculture's  role. He also  asked if,                                                               
in  the  event  of  federal legalization  of  cannabis,  cannabis                                                               
growers would have access to Alaska Farm Bureau's services.                                                                     
                                                                                                                                
4:38:27 PM                                                                                                                    
MS. SEITZ  said the  Alaska Farm Bureau  has not  discussed this.                                                               
She surmised that  cannabis growers would meet  the definition of                                                               
a  farmer (i.e.  someone who  is  cultivating a  crop) and  would                                                               
therefore qualify  as a potential  member of Alaska  Farm Bureau.                                                               
She  emphasized that  this  is conjecture,  and  the issue  would                                                               
ultimately  be  determined by  the  department  and would  likely                                                               
include input from the legislature.                                                                                             
                                                                                                                                
4:39:14 PM                                                                                                                    
MS. SEITZ advanced to slide 7:                                                                                                  
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Program Expansion                                                                                                        
                                                                                                                                
        • Market Development                                                                                                    
        • Grants and Loans                                                                                                      
        • Lands and waters                                                                                                      
        • Inspection Services                                                                                                   
        • Alaska FFA                                                                                                            
        • Mariculture                                                                                                           
                                                                                                                                
         Increased staff capacity and program funding =                                                                         
        increased reach, resources and ability to build                                                                         
     industry                                                                                                                   
                                                                                                                                
     Details in Department of Agriculture White Paper                                                                           
                                                                                                                                
MS. SEITZ stated  that there are many years' worth  of input from                                                               
organizations and industry available  regarding areas for program                                                               
expansion. She suggested beginning with program development.                                                                    
                                                                                                                                
CHAIR  GIESSEL noted  that the  Department  of Agriculture  white                                                               
paper is available online and in committee members' packets.                                                                    
                                                                                                                                
MS SEITZ stated  that there is opportunity for  the department to                                                               
work  with the  University  of Alaska  and  with the  mariculture                                                               
industry.  She said  there is  a  great deal  of opportunity  for                                                               
industry growth.                                                                                                                
                                                                                                                                
4:40:22 PM                                                                                                                    
MS.  SEITZ advanced  to  slide 8  and discussed  the  need for  a                                                               
Department  of  Agriculture.  She  opined  that  Alaska  needs  a                                                               
Department  of  Agriculture  to see  growth  in  the  agriculture                                                               
industry. She  emphasized the need  for an organization  that can                                                               
focus on and  prioritize agriculture in the state.  She said that                                                               
the  Division of  Agriculture has  been  a low  priority for  the                                                               
state  since  statehood  in  1959.  She  acknowledged  that  some                                                               
projects  have received  funding; however,  the division  has not                                                               
consistently  operated  at  a  capacity   that  would  allow  for                                                               
industry growth. She added that the  focus has been on starting -                                                               
rather than  building - agriculture.  She opined that  creating a                                                               
Department  of Agriculture  would  provide the  focus needed  for                                                               
industry growth.                                                                                                                
                                                                                                                                
4:41:15 PM                                                                                                                    
CHAIR  GIESSEL  shared  her   perspective  that  the  agriculture                                                               
industry in Alaska has shrunk since statehood.                                                                                  
                                                                                                                                
4:41:30 PM                                                                                                                    
MS. SEITZ advanced  to slide 9, containing  agriculture data from                                                               
the  United  States  Department of  Agriculture  (USDA)  National                                                               
Agricultural  Statistics  Service  (NASS) census  for  the  years                                                               
1982,  2002, and  2022,  and discussed  the  positive impacts  of                                                               
momentum and support.  She acknowledged that the  data is limited                                                               
to  the farmers  responding and  indicated that  Alaska has  good                                                               
response  numbers.  She stated  that  agriculture  in Alaska  has                                                               
experienced  growth   over  the  years,  though   the  production                                                               
percentage has decreased. She noted  that Alaska's population has                                                               
also expanded. She directed attention to  the data on slide 9 and                                                               
said  that  the  growth  of  Alaska's  agricultural  industry  is                                                               
increasing momentum.                                                                                                            
                                                                                                                                
4:42:57 PM                                                                                                                    
SENATOR DUNBAR asked  the average size of  farms. He acknowledged                                                               
that  crops often  determine farm  size and  wondered if  the new                                                               
farms tend to be small or large.                                                                                                
                                                                                                                                
4:43:20 PM                                                                                                                    
MS.  SEITZ said  there are  many small-acreage  farms, with  half                                                               
being 9  acres or under.  She emphasized that small  acreage does                                                               
not mean a farm is unsuccessful and  added that a lot can be done                                                               
with a  small parcel that  is diversified. She noted  that Alaska                                                               
is unique in that small farms have been very successful.                                                                        
                                                                                                                                
4:44:04 PM                                                                                                                    
SENATOR   MYERS   observed   that  the   interest   in   Alaska's                                                               
agricultural sector  has waxed  and waned  over the  years, which                                                               
may have had  the impact of beginning projects  without the long-                                                               
term focus  needed for continued  growth. He  asked if this  is a                                                               
fair characterization of the industry over time.                                                                                
                                                                                                                                
4:44:29 PM                                                                                                                    
MS. SEITZ  agreed with this  observation. She offered  an example                                                               
to  illustrate how  the  State of  Alaska  has offered  financial                                                               
support for  projects in the  past and then later  pulled project                                                               
funding. This has been a challenge for growers.                                                                                 
                                                                                                                                
4:45:04 PM                                                                                                                    
SENATOR  CLAMAN directed  attention to  the data  on slide  9 and                                                               
said  this  suggests  that  the  agriculture  industry  has  been                                                               
successful and is making significant  progress under the Division                                                               
of Agriculture.                                                                                                                 
                                                                                                                                
4:45:34 PM                                                                                                                    
MS.  SEITZ  said that,  despite  recent  growth, the  agriculture                                                               
industry in  Alaska remains relatively small.  She suggested that                                                               
a  Department of  Agriculture  would  significantly increase  the                                                               
number of farms in the state.  She explained that the past decade                                                               
has seen an  increase in interest from organizations  such as the                                                               
Alaska  Food Policy  Council; however,  this support  may not  be                                                               
enough  to sustain  the level  of growth  that would  be possible                                                               
under  a  Department  of Agriculture.  She  emphasized  that  the                                                               
division  has   not  had  significant  success   entering  larger                                                               
markets. In  cases (such  as with Alaska  Range Dairy)  that have                                                               
seen success,  it has  required additional  support (such  as the                                                               
governor's involvement in the process).  She clarified that slide                                                               
9 illustrates  that the  momentum is  there; however,  support is                                                               
necessary for additional expansion.                                                                                             
                                                                                                                                
4:46:32 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked whether the fundamental  argument for                                                               
creating a Department  of Agriculture is that the  free market is                                                               
insufficient and thus government intervention is required.                                                                      
                                                                                                                                
4:46:47 PM                                                                                                                    
MS.  SEITZ suggested  that one  way to  look at  the issue  is to                                                               
consider what industries the State of Alaska has not supported.                                                                 
                                                                                                                                
4:47:02 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  what type  of help  the Alaska  Farm                                                               
Bureau is looking for.                                                                                                          
                                                                                                                                
4:47:09 PM                                                                                                                    
MS. SEITZ replied that the  AFSTF Department of Agriculture white                                                               
paper proposes  help in  building markets.  She pointed  out that                                                               
the  fisheries   industry  has  help  from   the  Alaska  Seafood                                                               
Marketing  Institute (ASMI).  The agriculture  industry does  not                                                               
have this type of help.                                                                                                         
                                                                                                                                
4:47:27 PM                                                                                                                    
SENATOR  WIELECHOWSKI repeated  his  earlier  question about  the                                                               
fundamental argument. He  asked if the argument is  that the free                                                               
market is insufficient.                                                                                                         
                                                                                                                                
4:47:39 PM                                                                                                                    
MS. SEITZ asked for suggestions.  She expressed uncertainty about                                                               
who  to   turn  to  for   market  development,   including  state                                                               
procurement  and larger  retail markets.  She questioned  whether                                                               
Alaska has the free market necessary to build the industry.                                                                     
                                                                                                                                
4:48:04 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  whether  cooperatives  and  farmer-                                                               
funded inspectors could perform those tasks.                                                                                    
                                                                                                                                
4:48:11 PM                                                                                                                    
MS. SEITZ asked  who would guide that process  and emphasized the                                                               
need for  state support. She asked  for an example of  where this                                                               
process  has  been  successful without  government  support.  She                                                               
asked who would perform the  inspections and pointed out the need                                                               
for  USDA  slaughter  facilities.  She reiterated  the  need  for                                                               
government agencies.                                                                                                            
                                                                                                                                
4:48:42 PM                                                                                                                    
SENATOR WIELECHOWSKI  recalled that a  government-owned slaughter                                                               
facility that was  sold to private industry. He  asked the status                                                               
of that facility.                                                                                                               
                                                                                                                                
4:48:51 PM                                                                                                                    
MS.  SEITZ  replied  that  the slaughter  facility  is  still  in                                                               
operation. She said there are  currently two slaughter facilities                                                               
in Alaska.  She acknowledged  that the  State of  Alaska provided                                                               
some support  for those facilities; however,  she emphasized that                                                               
the State  of Alaska did  not help build the  livestock industry.                                                               
She explained that the slaughter  facilities continue to struggle                                                               
due to  a lack of  assistance. She  reiterated that the  State of                                                               
Alaska   has  not   helped   build   the  necessary   large-scale                                                               
agricultural  markets.  She  acknowledged that  the  Division  of                                                               
Agriculture   helped  to   create  the   Alaska  Farmers   Market                                                               
Association  (AMFA) and  assisted  with the  peony industry.  She                                                               
said Alaska  is the  only state that  does not  provide dedicated                                                               
assistance to the agriculture industry.  She pointed out that the                                                               
State of  Alaska helps  the fishing and  oil and  gas industries.                                                               
She questioned  the perception  that the State  of Alaska  is not                                                               
supposed to help the state's agriculture industry.                                                                              
                                                                                                                                
4:49:55 PM                                                                                                                    
SENATOR  DUNBAR   agreed  that  the  government   should  provide                                                               
industries  with the  necessary  infrastructure  and support.  He                                                               
disagreed  that   the  fishing  industry  is   analogous  to  the                                                               
agriculture  industry  and  offered examples  to  illustrate  the                                                               
differences.   He  opined   that  the   administration  has   not                                                               
adequately funded ASMI and asserted  that the State of Alaska has                                                               
not done  a good  job promoting the  fishing industry.  He agreed                                                               
that the  State of Alaska has  done a good job  providing support                                                               
to the oil  and gas industry. He  asked to return to  slide 9 and                                                               
pointed out that in 2022,  the agriculture industry sold close to                                                               
$40 million in crops and had  1,173 farms. He estimated that this                                                               
is around $40,000 per farm.                                                                                                     
                                                                                                                                
4:50:54 PM                                                                                                                    
MS. SEITZ  clarified that slide  9 contains the total  crop value                                                               
and does  not include  livestock. She  said the  total (including                                                               
livestock) is $90 million.                                                                                                      
                                                                                                                                
4:51:09 PM                                                                                                                    
SENATOR  DUNBAR  said  this  is  roughly  $90,000  per  farm.  He                                                               
surmised that, considering  the acreage and the  cost of farming,                                                               
many farms are  not the family's primary income  source. He asked                                                               
if this  is accurate. He asked  for information on the  number of                                                               
farms that  are the  primary source of  income versus  those that                                                               
are a side project or secondary income source.                                                                                  
                                                                                                                                
4:51:44 PM                                                                                                                    
MS.  SEITZ  said  she  would  provide that  census  data  to  the                                                               
committee. She said  this data would indicate that  many farms do                                                               
require additional,  off-farm income.  She indicated  that health                                                               
insurance is  one reason for this.  She noted an increase  in the                                                               
number farmers  for whom the  farm is the primary  income source.                                                               
She estimated the total to  be roughly 900 farmers. She clarified                                                               
that there are around 2000 farmers for the 1,173 farms.                                                                         
                                                                                                                                
4:52:49 PM                                                                                                                    
SENATOR DUNBAR shared  his understanding that Grow  North Farm is                                                               
the  only  large-scale, industrial  farm  in  Anchorage. He  said                                                               
there are  multiple farmers  (including refugees)  with different                                                               
plots on the  farm. He asked if  this counts as a  single farm or                                                               
if it is  considered multiple farms, as there  are multiple units                                                               
(with separate farmers) within that location.                                                                                   
                                                                                                                                
4:53:20 PM                                                                                                                    
MS.  SEITZ said  she  does not  know.  She expressed  uncertainty                                                               
about the criteria used to  make that determination. She said she                                                               
would  research how  the USDA  census  of agriculture  determines                                                               
this and provide the answer.                                                                                                    
                                                                                                                                
SENATOR DUNBAR  expressed support for  Grow North Farm,  which is                                                               
in his district.                                                                                                                
                                                                                                                                
4:54:06 PM                                                                                                                    
SENATOR HUGHES said she worked with  Ms. Seitz on the Alaska Food                                                               
Strategy  Task Force  and  expressed support  for  her work.  She                                                               
noted that  the task force  provided a  letter of support  for SB
128, which included  several points related to  the inadequacy of                                                               
the Division  of Agriculture.  This includes a  lack of  a robust                                                               
agriculture industry; a lack of  food security; overdependence on                                                               
outside  sources;   and  a  lack  of   in-state  food  processing                                                               
facilities.  She shared  that she  chaired the  subcommittee that                                                               
created the  white paper.  During that  process, it  became clear                                                               
that the primary  issue was not related to  employees or funding,                                                               
but to leadership.  She explained that there is a  need to have a                                                               
seat at the cabinet table, in order to move projects forward.                                                                   
                                                                                                                                
SENATOR  HUGHES then  addressed  Senator Wielechowski's  question                                                               
about free  markets. She  offered an  analogy to  illustrate that                                                               
the government  is responsible  for creating  infrastructure that                                                               
farmers cannot  create by  themselves. She  said that  across the                                                               
country,  departments  of  agriculture  support  the  agriculture                                                               
industry. Departments  of agriculture provide  the infrastructure                                                               
needed to build and  navigate markets, coordinate transportation,                                                               
address   production  issues,   conduct  research,   and  provide                                                               
education. She  emphasized that  the departments  coordinate many                                                               
things  that  farmers  cannot  do on  their  own.  She  expressed                                                               
excitement about  the growing  trend of  small acreage  farms, as                                                               
newer  technologies  allow farmers  to  produce  more on  smaller                                                               
parcels of land.  She offered an example to  illustrate this. She                                                               
stated that the goal is  for the free-market principles to thrive                                                               
in the  agriculture industry; however,  she opined that  it makes                                                               
sense for state government to take on certain roles.                                                                            
                                                                                                                                
4:57:26 PM                                                                                                                    
SENATOR KAWASAKI  asked about  other ways  the state  can support                                                               
the  agriculture  industry,  particularly   in  light  of  recent                                                               
discussions of  federal farm subsidies  and the debt  ceiling. He                                                               
offered several  examples, including crop  insurance, agriculture                                                               
risk  coverage, conservation  programs,  among  others. He  asked                                                               
what  other things  a department  and/or a  division could  do to                                                               
support the industry.                                                                                                           
                                                                                                                                
4:58:27 PM                                                                                                                    
MS.  SEITZ  indicated that  the  list  Senator Kawasaki  provided                                                               
includes  many   good  suggestions.   She  said   that  providing                                                               
technical  assistance  -  whether   for  navigating  the  federal                                                               
government in  order to obtain  crop insurance or  assistance for                                                               
beginning farmers. She briefly discussed  the challenges faced by                                                               
new farmers  in Alaska and  the various areas where  a Department                                                               
of  Agriculture   could  work  with  the   University  of  Alaska                                                               
Cooperative Extension to provide assistance.                                                                                    
                                                                                                                                
5:00:04 PM                                                                                                                    
MS. SEITZ  advanced to slide  10, containing a chart  with budget                                                               
data  from fiscal  year (FY)  06  through FY  26 (proposed),  and                                                               
emphasized  the  need for  additional  funding  and support.  She                                                               
recalled  Senator  Dunbar's  earlier comments  related  to  state                                                               
funding and support  for ASMI and indicated that  the Division of                                                               
Agriculture's funding  has likewise  been insufficient.  She said                                                               
it  would  be  helpful  to   have  a  marketing  arm  to  provide                                                               
additional support. She emphasized  that the agriculture industry                                                               
in Alaska could be much  larger with the appropriate support. She                                                               
acknowledged that  the fisheries industry is  larger and inferred                                                               
that this  is partly due  to the  level of support  that industry                                                               
has  received  from  the  State of  Alaska.  She  suggested  that                                                               
agriculture could be in-line with  fisheries with an equal amount                                                               
of support.                                                                                                                     
                                                                                                                                
5:01:16 PM                                                                                                                    
CHAIR  GIESSEL  thanked  Ms.  Seitz  for  her  presentation.  She                                                               
highlighted  past  calls  from  the  governor  that  successfully                                                               
placed local  milk and tomatoes  in stores. She noted  that fewer                                                               
local stores  are carrying those  products and suggested  that an                                                               
additional call from the governor -  or a commissioner - could be                                                               
helpful.  She  expressed  hope that  Alaskans  will  utilize  the                                                               
upcoming farmers markets.                                                                                                       
                                                                                                                                
5:02:09 PM                                                                                                                    
[CHAIR GIESSEL held SB 128 in committee.]                                                                                       
                                                                                                                                
5:02:40 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Giessel adjourned the Senate Resources Standing Committee                                                                 
meeting at 5:02 p.m.                                                                                                            

Document Name Date/Time Subjects
SB 128 Alaska Farm Bureau Presentation.pdf SRES 3/28/2025 3:30:00 PM
SB 128
SB 128 Fiscal Note Ag. Dev..pdf SRES 3/28/2025 3:30:00 PM
SB 128
SB 128 Fiscal Note Commissioner.pdf SRES 3/28/2025 3:30:00 PM
SB 128
SB 128 Fiscal Note NLPMC.pdf SRES 3/28/2025 3:30:00 PM
SB 128
SB 128 Letter of Support.pdf SRES 3/28/2025 3:30:00 PM
SB 128
SB 128 Supporting Documents DoAg White Paper.pdf SRES 3/28/2025 3:30:00 PM
SB 128
3.28.25 SB 128 Sectional Analysis.pdf SRES 3/28/2025 3:30:00 PM
SB 128
SB 128 AFSTF Letter of Support.pdf SRES 3/28/2025 3:30:00 PM
SB 128
L.pdf SRES 3/28/2025 3:30:00 PM
SB 92
SB 92 Explanation of Changes v.A to v.L.pdf SRES 3/28/2025 3:30:00 PM
SB 92
SB 92 Sectional Analysis v.L.pdf SRES 3/28/2025 3:30:00 PM
SB 92
SB 128 Public Testimony.pdf SRES 3/28/2025 3:30:00 PM
SB 128
SB 92 Public Testimony.pdf SRES 3/28/2025 3:30:00 PM
SB 92