Alaska
‘No perfect tax regime’: Alaska lawmakers list concerns over Dunleavy’s sales tax proposal
Gov. Mike Dunleavy’s proposed sales tax could clash with existing revenue measures in cities and boroughs across the state, lawmakers said during a House Finance Committee hearing on Thursday.
It was just one of a series of concerns raised on both sides of the political aisle during the first hearing on Dunleavy’s fiscal plan for balancing the state’s budgets in the long run.
The sales tax, which is the primary means by which Dunleavy is proposing to increase state revenue, would levy a 4% tax on purchases between April and September and 2% for the remainder of the year.
Dunleavy’s fiscal plan comes in the final months of his eight years as governor, after several years in which he proposed balancing the state’s budget with hundreds of millions in annual draws from state savings.
Several lawmakers pointed out that even though Dunleavy projected his sales tax would raise up to $800 million annually, his plan could still leave Alaska with annual budget deficits in the long run because of his proposal to insert the Permanent Fund dividend into the state constitution and guarantee an annual payout that could cost the state more than $2 billion annually.
Dunleavy’s plan was explained to lawmakers by Acting Revenue Commissioner Janelle Earls, Acting Tax Division Director Brandon Spanos, and revenue department Chief Economist Dan Stickel. Neither the revenue department nor the tax division have had permanent heads for months.
“There is no perfect tax,” Dunleavy’s revenue officials said repeatedly as they fielded questions from lawmakers. It was their answer when asked about the difference in impacts between a sales tax and an income tax; when asked about the impacts of the state tax on communities with existing local sales taxes; and the impacts on rural villages.
“There is no perfect tax regime. We wish we weren’t here talking about this either, but that’s the situation,” said Spanos.
Nils Andreassen, executive director of the Alaska Municipal League, spoke to lawmakers about the potential conflicts between Dunleavy’s proposal and existing local taxes.
“We should probably unpack ‘perfect,’” Andreassen said. “I think what we mean when we say there’s no perfect tax is that at some point somebody pays the tax.”
“There’s no tax that doesn’t impact somebody,” he said. “Are there ways to mitigate some of those impacts? Yes.”
Impacts on communities with local sales taxes
More than 70% of Alaska residents live in parts of the state that lack a sales tax, including in Anchorage, which funds local services primarily through property taxes. But the number of jurisdictions in Alaska with some form of a sales tax exceeds 100.
In parts of the Kenai Peninsula Borough, for example, the combined borough and city tax is 6%. In Ketchikan, the combined borough and city tax reaches 8% in the summer. The City of Kodiak levies a 7% sales tax.
Many of those communities have implemented exemptions for their local taxes in an effort to curb their burden, including carve-outs for senior citizens and caps on the total tax that must be paid from single transactions.
Dunleavy’s proposal would eliminate communities’ ability to implement unique exemptions by transitioning that authority to the state.
The elimination of local exemptions has the effect of going against voter decisions, said Andreassen. In Juneau, residents only recently approved a provision that eliminates sales tax applicability on food.
“Voters contribute to local decision-making when it comes to those exemptions, and the state is saying right now in this proposal, ‘All of what voters asked for in those communities will go away based on our new list of exemptions,’” Andreassen said.
The exemptions proposed by Dunleavy cover medical services, purchases made with food stamps and similar assistance programs, interstate commerce, internet access, sales to the state or the federal government, state licenses or permits, investments, jet fuel, insurance premiums, home sales and rent, among others.
But the tax would apply to most goods purchased by individual Alaskans, such as groceries, fuel and cars.
Under the governor’s proposal, the effective tax rate in 36 Alaska communities would be at least 9%, rising to 13% in some places — which would be among the highest in the nation, said Andreassen.
Rep. Andy Josephson, an Anchorage Democrat who co-chairs the Finance Committee, said that “at some point, the tax rate gets so large that it acts as a deterrent for local economies.”
During the hearing, Department of Revenue officials did not provide data or modeling on the impacts of a statewide sales tax on communities that already levy local sales taxes.
Spanos said the sales tax is “the regime that the governor believes is the best for the state.”
“Certainly we have concerns and the governor would like to not have a tax as well, but that’s not the situation we’re in. We have a fiscal crisis that needs to be resolved, and the governor feels this is the best solution for this time,” said Spanos.
Department of Revenue officials said lawmakers could propose new exemptions to the tax if they saw fit, but Josephson said Dunleavy had not given him indications that he was open to changes to his bill.
“You made it sound like we were welcome to engage in those sorts of adjustments. But I just haven’t experienced that,” he told Earls. “What I’ve experienced is, ‘I’ve got to vote for this bill the way it is,’ and I just don’t know how much allowance the Legislature has to go at it alone and make changes.”
Earls said the plan was “open to some conversation.”
“I can’t speak to exactly what the governor would accept, but I think it’s a conversation to be had,” she said.
Impacts on rural Alaska
Rep. Nellie Jimmie, a Democrat from Toksook Bay, said the proposal would place an undue burden on communities in her district, which includes many Western Alaska villages.
If the tax were in place, Jimmie said, residents who lost their homes and most of their worldly belongings in villages ravaged by storms last year would face the burden of many purchases that would not be exempted from the sales tax, like snowmachines. Costs associated with rebuilding the houses would be exempted, but not the costs of filling a new home with belongings.
That comes on top of highest-in-the-nation prices for food and fuel.
“How is a statewide sales tax meant to be equal when rural Alaskans face much higher costs for the same basic necessities, especially after a disaster?” Jimmie asked.
Earls said she’s “heard that concern from others.”
“I’m not exactly sure how to answer every single individual Alaskan,” Earls said.
The Department of Revenue did not provide any specific modeling on the impacts of the tax on rural Alaska communities, where commodity prices are higher.
“It sounds like a sales tax is equal,” said Rep. Neal Foster, a Democrat from Nome who co-chairs the Finance Committee, “but when you have the cost of milk and cost of fuel and cost of groceries and everything higher up in rural Alaska, that same gallon of milk is really being taxed more.”
“It is not OK,” Jimmie concluded.
Sales tax vs. income tax
Alaska is the only state in the country without a broad-based tax, having eliminated its income tax four decades ago amid a flood of new oil revenue. Andreassen said that the Municipal League supports adoption of a broad-based tax, but favors an income tax over a sales tax.
Rep. Alyse Galvin, an Anchorage independent, said Dunleavy’s proposed sales tax, when compared with an income tax, would have a disproportionate impact on households with limited means. That assertion was supported by data collected by researchers at the University of Alaska Anchorage, who were paid by Dunleavy’s office to review various fiscal plan alternatives.
Asked whether the governor had considered an income tax, Earls said that the sales tax was preferred because it would collect revenue from non-residents and tourists spending money in Alaska.
Galvin argued that an income tax would better capture funds from non-resident workers, who according to recent data make up more than a fifth of the state’s workforce.
“A lot of Alaskans think that it’s not right that people come up here to work and take the very best, highest-paying jobs, and yet they don’t put in to Alaska,” said Galvin.
Rep. Jamie Allard, an Eagle River Republican, countered that imposing an income tax would drive away military retirees like her who chose to reside in Alaska precisely because their military retirement benefits are not taxed by the state.
Department of Revenue officials did not immediately provide any data to the committee detailing the difference in revenue that could be raised from non-residents through a sales tax versus an income tax.
“As was stated earlier, there is no perfect tax. Any tax is going to have negative downsides,” said Stickel, the department’s chief economist. “That’s true of a sales tax. It’s true of an income tax.”
Enshrining the dividend in the constitution
Dunleavy’s tax plan, which also includes raising new revenue from the oil industry, eventually calls for phasing out the new sales tax, along with the state’s existing corporate income tax. At the same time, his plan calls for enshrining the Permanent Fund dividend in the state constitution in perpetuity and paying out dividends through a new formula that allocates roughly $2 billion annually to the payouts in the foreseeable future.
Some lawmakers said that even at the peak of Dunleavy’s proposed new revenue streams, the state budget will be strained, leaving no room to address the maintenance backlog of state-owned facilities, such as university and school buildings.
“I fail to see how enshrining a liability that outstrips the amount of revenue I’m raising in taxation creates anything but more instability and a need for more taxes,” said Rep. Will Stapp, a Fairbanks Republican.
“So why do we need this proposal, and what is the purpose of this proposal, when the proposal spends more money than it raises?” asked Stapp.
Stickel said that several things would have to happen for the governor’s plan to produce balanced budgets in the long run: New oil fields would have to yield significant revenue, the Permanent Fund would have to keep growing, and a yet-to-be-constructed natural gas pipeline would have to begin sending income to the state within five years.
Even if all those things were to happen, the budget would be balanced only if government spending growth were strictly limited in future years, giving lawmakers almost no leeway to increase spending on the maintenance of state-owned buildings.
“There is actually nothing in this plan that will create stability in capital investment in the state, building things, having people working through that building of things, and making life easier for those people by us building things and doing things and maintaining things,” said Rep. Jeremy Bynum, a Ketchikan Republican. “This plan does absolutely nothing for that, that I can see. What it does is it taxes my community to ensure that we’re enshrining a PFD.”
The governor’s fiscal plan has caused many lawmakers in Juneau to wonder: It is worth imposing new taxes to continue paying out Permanent Fund dividends?
By several estimations, Alaska could avoid implementing new broad-based taxes in the coming years if it halted the dividend payments altogether or reduced their size substantially.
It boils down to a question, Andreassen said: “At what point do you pay more in tax than you get in an increased dividend?”
The Department of Revenue did not provide data showing how Dunleavy’s proposed dividends, which would amount to more than $3,000 annually per eligible Alaskan, would compare with the new tax burden at different levels of income.
Bynum also said that Dunleavy’s plan negates one of the main reasons he has given for proposing it. Dunleavy has said that Alaska has the highest revenue volatility in the country, and that making the state’s revenue less dependent on oil, a global commodity, will improve the state’s business climate. But in the long run, Dunleavy is calling for the elimination of the new revenue measures he is proposing, and a return to dependence on oil and gas revenue to fund government services.
“We’re saying we want to have stability by imposing a sales tax because oil revenues are volatile. Then on the other hand we’re saying, ‘Just wait seven years and we’re going to go back to that volatility,’” said Bynum.
Implementation
The Dunleavy administration expects that overseeing the new statewide sales tax would require hiring over 60 new state employees in the revenue department at an annual cost of $10 million.
Andreassen listed a series of technical deficiencies in Dunleavy’s bill that he said made it “unenforceable” without significant changes.
Even if those changes were made, he warned lawmakers that implementing the statewide sales tax as proposed would bring with it significant costs for Alaska’s cities and boroughs.
“This isn’t going to be cheap for local governments to respond and implement,” said Andreassen. Changes would include altering city and borough codes, laying off existing tax collection staff, and transforming local budget processes.
“We just want you to be mindful as you move forward about the complexity of unwinding what is currently a fairly efficient and effective system at the local level,” said Andreassen.
Alaska
State of Alaska Secures Win in Fight for Transparency Around Oil Development
(Bethel, AK) –Wednesday, the Ninth Circuit Court of Appeals issued a favorable opinion for the State of Alaska in ConocoPhillips Alaska v. Alaska Oil and Gas Conservation Commission (AOGCC), agreeing that State laws requiring disclosure of oil well data are not preempted by federal law.
“Alaska relies heavily on our resources and resource development,” said Acting Alaska Attorney General Cori Mills. “We are also stewards of those resources for the citizens of Alaska. Alaska’s law both allows resource development now, and encourages further development and exploration in the future. We’re pleased that the Ninth Circuit recognized that federal law has not overridden Alaska’s balanced approach.”
The Alaska Oil and Gas Conservation Commission regulates oil and gas operations throughout Alaska, including within the National Petroleum Reserve–Alaska (NPR–A). Under Alaska law, companies need permits from the AOGCC to drill and must submit well data. The AOGCC is required to keep well data confidential for 24 months.
ConocoPhillips drilled several wells on lease holdings within the NPR–A and submitted data to the AOGCC. When the 24-month period expired, the AOGCC notified ConocoPhillips of the upcoming well data disclosure. ConocoPhillips sued in federal court to stop the disclosure process claiming that the Naval Petroleum Reserves Production Act, the federal law allowing private exploration in the NPR–A, preempted Alaska’s 24-month disclosure law. The federal district court found Alaska law preempted, and the AOGCC sought appellate review by the Ninth Circuit Court of Appeals.
On appeal, the Ninth Circuit agreed with the AOGCC. The federal Production Act does not preempt state law. The Ninth Circuit therefore reversed the district court’s holding to the contrary.
“The Alaska Oil and Gas Conservation Commission is pleased with the court’s decision upholding Alaska law,” said AOGCC Commissioner Jessie Chmielowski in a declaration filed in the litigation court. “Alaska’s balanced approach to well data confidentiality leads to increased exploration activity, not less. Alaska law allows for a two-year confidentiality period on exploration well data to leverage a company’s investment in drilling. Thereafter, making the data public has incentivized exploration on the North Slope. Placing well data in the public record allows competing companies to evaluate different exploration concepts or interpretations based on seismic data that, without well data, are just educated guesses.”
# # #
Alaska
Opinion: A governor’s race for Alaska’s next generation
Alaska needs change. That’s why I’m running for governor: to bring new energy and a new generation of leadership to the governor’s office.
For 13 years in a row, more Alaskans have left our great state than have moved here. Prices are rising, schools are closing and Alaskans are getting left behind.
This year, those planning to leave Alaska include Ben and Catherine Walker, both recipients of Alaska’s Teacher of the Year Award. They can’t justify staying in the place they grew up in and love because of our failure to invest in the fundamentals, such as our schools.
The problem is personal. I’m 37. Many of those leaving Alaska are my age — debating whether there’s a future for us here or not. It’s a challenge we must solve.
I love challenges.
Back in 2012, I dropped out of college to challenge an entrenched Republican incumbent legislator who was running unopposed to represent my home region of Southeast Alaska. I launched a scrappy, grassroots campaign and focused on the kitchen table issues that matter to every Alaskan: good schools, getting our fair share of oil revenues, lowering costs, protecting our fisheries. I won — by 32 votes.
When I was sworn in, I was baby-faced and bushy-tailed, just 23 years old. It was the beginning of a decade-long tenure in the Legislature. A lot happened in those 10 years.
Among the most important: We formed the House Bipartisan Coalition in 2016. While I have a “D” next to my name, I believe strongly in working across party lines. That’s what the Bipartisan Coalition was, and is, all about: Democrats, moderate Republicans and independents, all working together to do what’s best for Alaska.
I want to bring that same bipartisan, vigorous problem-solving spirit to the governor’s office, where it has been nonexistent the last eight years.
As governor, I want to work hand in hand with the Legislature to deliver some desperately needed wins for Alaska that will make our lives better and get our state back on track:
• Reinvest in our public schools. Our school districts are in battlefield triage mode, but instead of amputating limbs, our school boards are forced to choose which sports to cut, which electives to discontinue and which neighborhood school to close. Enough already. Get school funding back up to par.
• Forward fund our schools. Our school districts shouldn’t have to guess how much education funding will end up being appropriated in end-of-session legislative haggling.
This circus forces school districts to prospectively fire teachers, then rehire them a month or two later, when they find out the final education funding number. It’s awful for all involved. We should fix it by forward funding.
• Close the Hilcorp corporate income tax loophole. Hilcorp should pay their fair share in taxes just as ConocoPhillips, and nearly every other major corporation in Alaska, already does.
• Lower the cost of energy. Chugach Electric Association, Golden Valley Electric Association, Homer Electric Association and Matanuska Electric Association operate about 1,700 megawatts in power generation capacity. Peak Railbelt winter demand is half that: about 850 megawatts. Guess who pays for the nearly gigawatt in underused and unused power plants? You, on your power bill. The governor should force the co-ops to work together, reduce redundancies and diversify energy sources, including renewables, in order to reduce the sky-high cost of energy for Alaskans.
• Lower the cost of childcare. Alaska has inadvertently created a system of childcare permitting and licensing that effectively amounts to death by a thousand pieces of paperwork. It’s creating scarcity and cost. We need to fix it.
• Lower the cost of housing. Cut red tape to make it easier and cheaper to build more homes of all kinds — from tiny homes and ADUs to manufactured and modular housing, to apartments and condos, to traditional single-family homes. More housing of all kinds, faster.
• Rein in bottom-trawl bycatch. I will nominate Alaskans to the North Pacific Fishery Management Council who will make sure that Alaska and Alaskans — not Seattle and Lower 48 industry interests — foremost benefit from our fisheries.
• Responsibly develop our resources. Support projects that have regional buy-in and support, such as Pikka on the North Slope, which just produced first oil this month, while saying “no” when the risks are too great and those in the region are opposed, as is the case with Pebble.
• Grow our tourism economy. And let’s crack the code on winter tourism while we’re at it. If Iceland can do it, we darn well can, too. Fairbanks is having burgeoning winter tourism success. Let’s follow their great lead.
• Make Alaska an awesome place to live. Let’s build dozens more public-use cabins. Let’s build an alpine hut-to-hut system like they have in New Zealand and the Alps. Let’s build the Alaska Long Trail. Let’s make Anchorage a world-class winter city.
Does this sound like the kind of Alaska you want to live in? Then I have great news: We are the governor campaign for you. And if what you just read gives you indigestion, you’ll be relieved to know you have 17 other options.
I have more great news: I can win.
After beating an entrenched Republican incumbent, I spent a decade representing a swingy district that voted for Donald Trump.
In those 10 years, I recorded some of the highest margins of crossover support from Trump voters of any Democrat in Alaska. I ran 12% ahead of Hillary Clinton in 2016 and 15% ahead of Joe Biden in 2020.
Here’s the simple truth: Whoever becomes our next governor will need to win with the support of significant numbers of independents and moderate Republicans, in addition to Democrats. I’ve done that. And I’ll do it again. Will you join me?
Former state Rep. Jonathan Kreiss-Tomkins of Sitka is a candidate for governor of Alaska.
• • •
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Alaska
Laboratory analysis cracks Alaska’s golden orb marine mystery – Futura-Sciences
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