Legislature(1993 - 1994)

1994-04-08 House Journal

Full Journal pdf

1994-04-08                     House Journal                      Page 3187
HJR 48                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 48                                                 
Proposing amendments to the Constitution of the State of Alaska               
relating to revenues from natural resources, the Alaska permanent              
fund, the appropriation limit and the budget reserve fund; and                 
providing for an effective date for the amendments.                            
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (5):  Green, Kott, Porter, Phillips, Nordlund                          
                                                                               
No recommendation (1):  Davidson                                               
                                                                               
A House Judiciary Committee letter of intent for HJR 48, signed by             
Representative Porter, Chair, appears below:                                   
                                                                               
"After reviewing HJR 48 (Restructuring the Permanent Fund) the                 
subcommittee decided that before the legislature embarks on a new              
method of budget funding many policy issues must first be addressed.           
The decision was made after carefully evaluating the premises of HJR
48, in addition to information provided from individuals                       
knowledgeable in evaluating financial proposals.                               
                                                                               
This Letter of Intent contains 1) A Basic Outline of HJR 48, 2) Policy         
Questions That Must Be Asked and 3) A Proposal For Further Action              
by the Legislature                                                             
                                                                               
1)	A Basic Outline of HJR 48 "The Cremo Plan"                                  
                                                                               
The purpose of the plan is to stabilize state resource revenues at a           
sustainable level, to increase the size of the Permanent Fund, and to          
minimize the negative consequences of the fiscal gap.  The plan                
requires this session's legislature to propose - and the voters in the fall    
election to approve - an amendment to the State Constitution to                
provide that beginning July 1, 1995 and henceforth, all natural resource     
revenues be deposited in the Permanent Fund along with the assets of           
the state's two budget reserve accounts and the Railbelt Energy Fund.          

1994-04-08                     House Journal                      Page 3188
HJR 48                                                                       
All future income earned by the Fund would be retained in the Fund,            
but there would be an annual withdrawal from the Fund based on its             
average market value over the past 12 quarters.  The first year, the           
withdrawal would equal 20 percent, but then would be reduced                   
geometrically each year until the permanent withdrawal rate of 6               
percent is reached in the year 2006.                                           
                                                                               
                                                                               
2)	Policy Questions That Must Be Asked                                         
                                                                               
There are major policy and technical questions which must be                   
thoroughly researched and answered before we are in a position to              
present any plan to the voters.  Those issues include:                         
                                                                               
                                                                               
	1.	Revenue Allocation - If only resource revenues are used to                 
determine the budget amount available, and our entitlement programs            
continue to grow, won't most of the available revenues eventually go           
into the entitlements and less into resource development, thereby              
reducing the revenue source which funds the cycle?  Additionally,              
what about the negative impact to natural resource development by              
encouraging high severance and other taxes in order to generate                
enough income to support the growing needs of an expanding                     
population?                                                                    
                                                                               
                                                                               
	2.	Effect on Bonds - How will a budgetary funding mechanism                   
such as this affect the State's current bond rate?  If adopted, could it       
impair the State's credit and, thereby impair the ability of the State,        
state agencies and local governments to fund capital improvements              
through bonds?                                                                 
                                                                               
                                                                               
	3.	Emergency Relief - The amendment makes perhaps 90 percent                  
or more of the recurring unrestricted revenue of the state "not                
appropriable."  The amendment then prescribes a set percentage for             
expenditure each year.  There is no allowance of amounts necessary to          
meet unforeseen disaster emergencies.  The State needs to have a rainy         
day fund for atrocities such as earthquakes and other natural disasters.       
                                                                               
                                                                               

1994-04-08                     House Journal                      Page 3189
HJR 48                                                                       
	4.	Assumptions - The plan is based on the Department of                       
Revenue's fall 1993  mid-case revenue projections, and assumes an              
annual total rate of return for the Permanent Fund of 10 percent and           
an annual inflation rate of 4 percent.  The Alaska Permanent Fund              
Corporation's projections are based on the low-case revenue                    
projections, and assume a long-term average rate of return for the             
Permanent Fund of 9 percent and a long-term average rate of inflation          
of 6 percent.  Long term market history does not support conservative          
investments returning 2 1/2 times the inflation rate.  The "Cremo" plan        
assumes some combination of state spending cuts and revenue                    
increases.  Given the plan's assumptions, a 12 percent annual increase         
in conventional revenues and a $30 million cut in annual state                 
spending would eliminate the fiscal gap.  This is a tremendous                 
statement when no one has the ability to predict future deposits into          
the fund up to the year 2006.                                                  
	                                                                              
	5.	Appointments to the Board of Directors - The directors of the              
corporation should not be subject to confirmation.  Under the present          
approach used in the constitution, only department heads and the heads         
of quasi-judicial boards are subject to confirmation.  The corporation         
would be the trustee of the source of most of the expendable money             
of the state.  There could be an inherent conflict of interest if the          
legislature shares the power to make appointments to the board.                
                                                                               
                                                                               
	6.	The Transition Period - The plan provides for a higher but                 
gradually reduced withdrawal rate during a 10-year transition period in        
order to minimize the negative consequences of the fiscal gap.  The            
proposed constitutional amendment states that the withdrawal rate shall        
decrease geometrically throughout the transition period, but does not          
provide specific details.  This ambiguity should be cleared up.  We            
lack sufficient information to know whether the percentages proposed           
beginning in fiscal year 1996 and thereafter will have the effect of           
depleting the corpus, or leave it unprotected from the effects of              
inflation.                                                                     
                                                                               
                                                                               
	7.	Relevant Taxation - There needs to be a more cogent                        
clarification of the kinds of taxes that go into the fund under this           
proposal.  Resource related personal income should not be included.            
                                                                               

1994-04-08                     House Journal                      Page 3190
HJR 48                                                                       
3)	A Proposal For Further Action By the Legislature                            
                                                                               
Before the legislature and the citizens of this state will approve this        
plan, they need to be convinced that it is clearly an improvement over         
the status quo.  While there are some positive and intriguing aspects          
of HJR 48 there are also a number of undesirable outcomes which                
might occur should actual conditions in the future vary significantly          
from the assumptions upon which the plan is based.  Indeed, the                
consequences for Alaska of this plan are too serious to rush a study.          
The subcommittee believes that it would be beneficial to the state and         
its citizens to establish a long-range plan that organizes the state's         
approach to handling its finances.  It is for these reasons and the            
aforementioned concerns that the subcommittee proposes the                     
establishment of a blue ribbon task force comprised from all branches          
of government, as well as technical experts in the field, that would           
thoroughly investigate the concept contained in HJR 48 and other               
feasible long-term financial plans.  Unfortunately, there is not time          
enough during the current legislature to complete the study and think          
the task force should meet during the interim.  We feel that further           
action, at this time, on this issue falls under the purview of the Finance     
Committee."                                                                    
                                                                               
The following fiscal notes apply to HJR 48:                                    
                                                                               
Fiscal note, Office of the Governor, 4/8/94                                    
Zero fiscal note, Dept. of Revenue, 4/8/94                                     
                                                                               
HJR 48 was referred to the Finance Committee.