Legislature(2003 - 2004)

04/06/2004 02:08 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JOINT RESOLUTION NO. 9                                                                                                  
                                                                                                                                
     Proposing amendments to the Constitution of the State                                                                      
     of Alaska relating to an appropriation limit and a                                                                         
     spending limit.                                                                                                            
                                                                                                                                
Co-Chair  Harris  MOVED  to ADOPT  work  draft  #23-LS0435\J,                                                                   
Cook, 4/6/04,  as the version  of the legislation  before the                                                                   
Committee.  There being NO OBJECTION, it was so ordered.                                                                        
                                                                                                                                
PETE ECKLUND, STAFF, REPRESENTATIVE  BILL WILLIAMS, explained                                                                   
the changes made from the "E"  version, to the "J" version of                                                                   
the bill.  Page  1, Line 6, changes the first  section of the                                                                   
bill to reflect  the numbers used to calculate  either growth                                                                   
in the spending  limit or negative numbers in  the percentage                                                                   
change to  the cost  of living or  population.  The  spending                                                                   
cap  could  increase  or decrease.    The  language  provides                                                                   
clarification regarding the spending  limit and if it depends                                                                   
on those factors.                                                                                                               
                                                                                                                                
Representative   Croft   questioned    using   the   language                                                                   
"increased or  decreased by the lesser  of".  He asked  if it                                                                   
were a negative number, would  the number still be used.  Mr.                                                                   
Ecklund  responded   that  "lesser   of"  refers   to  either                                                                   
calculations  under   (1)  or  (2).     Representative  Croft                                                                   
clarified  that  if  the  calculation  under  #1  produced  a                                                                   
decrease by  1% and #2 decreased  by 2%, the lesser  2% would                                                                   
be applied.  Mr. Ecklund agreed.                                                                                                
                                                                                                                                
Mr.  Ecklund  noted  that  language   on  Page  2,  Line  17,                                                                   
incorporates   a  change  taken   at  the  Committee   table,                                                                   
providing  an  appropriation  for permanent  fund  for  State                                                                   
residents.    Page  2,  Line 21,  Subparagraph  4,  adds  new                                                                   
language: "An appropriation to  a separate fund or account in                                                                   
the  general fund  from which  expenditures may  not be  made                                                                   
without an additional  appropriation from that  separate fund                                                                   
or  account".   The language  would take  care of  duplicated                                                                   
funds  such as  the Marine  Highway  funds and  it would  not                                                                   
count the  appropriations coming out  of the fund.   It would                                                                   
not double count an appropriation.                                                                                              
                                                                                                                                
Representative  Croft asked why  they were not  being counted                                                                   
as  they  are  spent  on  the  actual  votes.    Mr.  Ecklund                                                                   
corrected his  previous statement, noting that  they would be                                                                   
counted going into the fund not  coming out of the fund.  The                                                                   
intent is that the expenditures are only counted once.                                                                          
                                                                                                                                
Mr. Ecklund continued,  Page 2, Line 31, (9),  language which                                                                   
clarifies that  a State agency  can RSA funds  between either                                                                   
agencies  or within  the same  agency and that  they are  not                                                                   
counted  twice.     Page  3,  Line  13,  added   (14):    "An                                                                   
appropriation of  dedicated funds".   There are six  or seven                                                                   
dedicated funds that have been  in existence since before the                                                                   
State Constitution was adopted.   They would be excluded from                                                                   
the spending limit.  He listed those funds:                                                                                     
                                                                                                                                
     ·    Fish and Game Fund                                                                                                    
     ·    School Fund                                                                                                           
     ·    Cigarette tax                                                                                                         
     ·    Second Injury Fund Reserve Account                                                                                    
     ·    Fishermen's Fund                                                                                                      
     ·    Public School Fund                                                                                                    
     ·    Fishermen's Fund Income                                                                                               
                                                                                                                                
Co-Chair Harris  questioned how much had been  deposited into                                                                   
those  accounts.   Mr. Ecklund  advised that  the balance  in                                                                   
those accounts was $72 million dollars.                                                                                         
                                                                                                                                
Representative  Stoltze  inquired  if Legislative  Legal  had                                                                   
approved that  language.  Mr.  Ecklund responded that  he had                                                                   
not specifically asked about that  language but that they had                                                                   
reviewed it and did not "raise a red flag" on the issue.                                                                        
                                                                                                                                
CHERYL  FRASCA, DIRECTOR,  DIVISION OF  MANAGEMENT &  BUDGET,                                                                   
OFFICE OF THE  GOVERNOR, understood that the  dedicated funds                                                                   
have existed since the time the  Constitution was drafted and                                                                   
had been "grandfathered" in.                                                                                                    
                                                                                                                                
Mr. Ecklund referenced the change  made to Page 3, Lines 23 &                                                                   
24.                                                                                                                             
                                                                                                                                
BRUCE  TANGEMAN,  LEGISLATIVE  ANALYST,  LEGISLATIVE  FINANCE                                                                   
DIVISION, explained  the change.   He pointed out  that since                                                                   
we are in the midst of the FY04  budget and building the FY05                                                                   
budget, in  order to know more  precisely what FY06  is going                                                                   
to be, 3.3% was  incorporated into the base of  FY04 and 3.4,                                                                   
the base  for FY05.   The  numbers are  sufficiently high  to                                                                   
allow  for whatever  may  happen.   The  theory  is to  allow                                                                   
"enough headroom" for FY06.                                                                                                     
                                                                                                                                
Representative  Stoltze  commented   that  the  numbers  were                                                                   
"conservatively  liberal".   He asked  Ms. Frasca what  other                                                                   
funds  beside the  general  funds had  been  included in  the                                                                   
larger number.   Ms. Frasca responded that the  total run was                                                                   
$2.9 billion dollars  and would include all  the other funds,                                                                   
providing  a number  of where  the State is  presently.   Mr.                                                                   
Tangeman added  that those are  general funds and  other non-                                                                   
duplicated funds such as the Alaska Marine Highway.                                                                             
                                                                                                                                
Mr.  Ecklund concluded  his  testimony  and pointed  out  the                                                                   
handouts  provided  by Legislative  Finance  Division,  which                                                                   
describe  how the  spending limit  and  spending base  works.                                                                   
(Copy  on  File).    Mr.  Tangeman  noted  that  the  handout                                                                   
highlights how  FY06 was calculated  and shows what  has been                                                                   
incorporated into the FY06 budget.                                                                                              
                                                                                                                                
Representative  Croft  inquired  the difference  between  the                                                                   
three-year  average growth  and the three-year  growth.   Mr.                                                                   
Tangeman  explained that  the average  growth would  be 4%  a                                                                   
year.   Unfortunately, that would  be applied to a  base year                                                                   
average three  years ago,  providing a  4% increase  over the                                                                   
amount appropriated three years  ago.  That would work out to                                                                   
be 1.3%  a year,  carry forward.   If  there is  accumulative                                                                   
growth, it would be 4% + 4% +  4% = 12%, and would be applied                                                                   
to the  base year of  three years ago.   That should  allow a                                                                   
more realistic growth rate.                                                                                                     
                                                                                                                                
Mr.  Ecklund pointed  out that  the  blue line  on the  chart                                                                   
reflects that number.  The language  is very tightly written.                                                                   
There is  an amendment that will  change the manner  in which                                                                   
growth is calculated.  The language  addresses the ceiling so                                                                   
that future  legislatures do  not have  to appropriate  up to                                                                   
the ceiling.  Given the three-year  rolling base could affect                                                                   
it, if less than the ceiling was appropriated.                                                                                  
                                                                                                                                
Co-Chair Williams interjected  that there are amendments that                                                                   
will change  the bill.   He  added that  he had been  working                                                                   
with the  sponsor of the  bill.  Co-Chair Williams  requested                                                                   
that Mr. Ecklund continue with the overview.                                                                                    
                                                                                                                                
Mr.  Ecklund referenced  Page  1, Line  4,  Section 1,  which                                                                   
clarifies that  if the spending  limit were passed,  it would                                                                   
repeal  the current  spending limit  on the  books.  Page  1,                                                                   
Line  6,  the appropriation  limit,  should  not  exceed  the                                                                   
earliest  three  of  the four  fiscal  years  preceding  that                                                                   
fiscal year and increased or decreased  by the lesser of.  He                                                                   
stated that the average of the  fiscal years would be used as                                                                   
the base.   Page  1, Line 10,  50% of the  sum of  the annual                                                                   
rate of  change and  the cost  of living  for three  calendar                                                                   
years would adjust  the base.  For FY 06, the  calendar years                                                                   
2001, 2002, & 2003, would average  out the rate of change and                                                                   
cost  of living  and then  take 1/2  of that  average.   That                                                                   
number would be added to the percentage  equal to the percent                                                                   
rate of  change.    In a  calendar year,  one would  take the                                                                   
average, by 1/2 and then adjust the base by that amount.                                                                        
                                                                                                                                
Page  2, Line  1,  (2), explains  that  the  average rate  of                                                                   
change  in  personal  income of  State  residents  for  three                                                                   
calendar years  preceding the calendar year during  which the                                                                   
immediate  preceding  fiscal  year  began.    The  calculated                                                                   
adjustment  of cost  of living  and  State population  cannot                                                                   
exceed the  rate of change in  personal income.   If personal                                                                   
incomes are  declining or flat,  the base cannot  be adjusted                                                                   
up even if the  cost of living is rising.   The ceiling would                                                                   
be the State income for residents.                                                                                              
                                                                                                                                
Page 2, Line 5, Section ©, is  the accidence section.  If for                                                                   
some reason the  Legislature needed to exceed  the determined                                                                   
spending limit,  they could do that  by 2% if they  got a 2/3                                                                   
vote in  both bodies.  If  they needed to exceed  that amount                                                                   
by  4%, they  would  need  a 3/4  vote  in  each body.    The                                                                   
Legislature could  address that  through a separate  piece of                                                                   
legislation.    Mr. Ecklund  advised  that accidence  of  the                                                                   
limit must  be an exception, not  the rule.  It would  not be                                                                   
built into the base for following years.                                                                                        
                                                                                                                                
Page  2, Line  15, lists  items outside  the spending  limit.                                                                   
Paragraph 1, the appropriation  to the Alaska Permanent Fund,                                                                   
cannot fall  under the  spending limit.   Mr. Ecklund  listed                                                                   
all the calculations made under  (a) and (c) of that section.                                                                   
#(1) through #(15), Page 2, Lines  15-31 and Page 3, Lines 1-                                                                   
14.                                                                                                                             
                                                                                                                                
Mr. Ecklund continued,  Page 3, Line 15, Section  2, adding a                                                                   
new Section #30, providing the  transition language.  He read                                                                   
the  language  on  Page  3, Lines  17-22.    The  legislation                                                                   
inserts (1) fiscal  year 2004 equals $3,300,000,000;  and (2)                                                                   
fiscal year  2005 equals $3,400,000,000.   Section  (b), Line                                                                   
25 clarifies that if the voters  pass the amendment, it would                                                                   
reappear on the ballot in 2010.                                                                                                 
                                                                                                                                
Co-Chair Harris  referenced Page 2,  Line 5, ©, and  asked if                                                                   
it could exceed the amount that  would be calculated with the                                                                   
increase by no more than 2% if  there was a 2/3 majority vote                                                                   
of both bodies  and 3/4 vote for a 4% increase.   He inquired                                                                   
if there was  any provision that would allow  the Legislature                                                                   
to exceed the 4%  in case of some event other  than a natural                                                                   
disaster.  Mr. Ecklund emphasized  that it is a hard cap, 4%,                                                                   
and cannot exceed what the spending limit is.                                                                                   
                                                                                                                                
Co-Chair Harris commented that  there should be an option for                                                                   
a super  majority to have ability  to spend above  and beyond                                                                   
the  constitutional limit.   He  asked what  would happen  if                                                                   
more  money had  to be  spent because  some event  occurring,                                                                   
requiring the State to spend above  that amount.  Mr. Ecklund                                                                   
replied that  as currently  written, 4%  is the maximum  that                                                                   
can exceed, absent a natural disaster.                                                                                          
                                                                                                                                
Co-Chair Harris  did not think  that was good  public policy.                                                                   
He admitted that  it should be difficult to  access but noted                                                                   
that sometimes  there are "tough"  choices that must  be made                                                                   
by the elected officials.  He  recommended that there be some                                                                   
sort of "escape" valve.                                                                                                         
                                                                                                                                
Representative   Stoltze   admitted  that   the   legislation                                                                   
attempted to address  all concerns without creating  too many                                                                   
loopholes.                                                                                                                      
                                                                                                                                
Co-Chair Harris  asked if it would  make sense to  indicate a                                                                   
compromise of a  3% increase with 2/3 vote and  if a 3/4 vote                                                                   
occurs,  then the  legislation could  address very  important                                                                   
needs.  Representative  Stoltze pointed out that  there could                                                                   
be  a special  election  for voter  approval  if that  should                                                                   
happen.                                                                                                                         
                                                                                                                                
                                                                                                                                
TAPE HFC 04 - 77, Side B                                                                                                      
                                                                                                                                
                                                                                                                                
Representative Hawker  commented that it is  important to not                                                                   
constrain  future legislatures  but to  keep the  legislation                                                                   
effective.      There   is   no   language   to   accommodate                                                                   
extraordinary  circumstances.   He recommended an  additional                                                                   
provision    as    an   identification    of    extraordinary                                                                   
circumstances.                                                                                                                  
                                                                                                                                
Representative Fate  commented that might cause  problems for                                                                   
an electorate  passage.  Co-Chair  Williams pointed  out that                                                                   
legislation provides a new spending  cap.  The current cap is                                                                   
not working.                                                                                                                    
                                                                                                                                
Representative Chenault  referenced items #5 &  #6, asking if                                                                   
a project  could be bonded.   If the  State intended to  be a                                                                   
part  of the  gas  line project,  could  the  State then  use                                                                   
Railroad bonds or general obligation  (GO) bonds.  He thought                                                                   
that would work without addition of the new language.  Co-                                                                      
Chair Williams agreed.                                                                                                          
                                                                                                                                
Representative  Croft noted  that  the capital  had not  been                                                                   
excluded.  Mr. Ecklund acknowledged that was correct.                                                                           
                                                                                                                                
Representative  Croft  referenced the  chart,  asking if  the                                                                   
blue average growth line, represents  the State at this time.                                                                   
Mr.   Ecklund  acknowledged   that  line   was  the   current                                                                   
representation.                                                                                                                 
                                                                                                                                
Representative  Croft pointed out  that the manner  in, which                                                                   
the language was previously written  would have limited it to                                                                   
a 2/3%  growth.  It could  stabilize there when  inflation is                                                                   
increasing 3%  every year.   Mr. Ecklund reiterated  that the                                                                   
current version is tightly written.                                                                                             
                                                                                                                                
Representative Croft  asked what kind of public  policy sense                                                                   
does  that  make.   Mr.  Ecklund  advised  that there  is  an                                                                   
amendment,  addressing that  concern.   Representative  Croft                                                                   
stressed that capping  it at 2% or 3% does not  work as costs                                                                   
continue  to  grow.   He  thought  that each  scenario  would                                                                   
guarantees that every year, the  State will be getting behind                                                                   
a point or two.                                                                                                                 
                                                                                                                                
Co-Chair  Harris MOVED  to ADOPT amended  Amendment  #8, #23-                                                                   
LS0435\J.1, Cook, 4/6/04.  (Copy on File).                                                                                      
                                                                                                                                
Mr. Ecklund explained  that the amendment would  average $110                                                                   
million  dollars per year  potential growth  to the  spending                                                                   
cap.                                                                                                                            
                                                                                                                                
Representative Hawker  questioned if the numbers  listed were                                                                   
annual numbers  or the average  of the previous  three years.                                                                   
Mr. Tangeman  responded that they  were based on  the numbers                                                                   
from  the  preceding  three  years.    Representative  Hawker                                                                   
emphasized  that the  chart  only represents  "modeling"  and                                                                   
that it  would only be 3%  per year inflation.   He commented                                                                   
that the average  of 3% per year  would be nine, the  same as                                                                   
population growth.   The formula is interpreted  as averaging                                                                   
the two  changes together.   He  believed that the  amendment                                                                   
would move the State in the right direction.                                                                                    
                                                                                                                                
There being NO OBJECTION, Amendment #8 was adopted.                                                                             
                                                                                                                                
Representative  Croft  reiterated   that  with  the  proposed                                                                   
scenario,  each year  the  State will  be  moving 1%  further                                                                   
behind on  public service spending.   The charts  always make                                                                   
the future look even and smooth  and the past appears jagged.                                                                   
He asked if the  changes to personal income would  be used in                                                                   
calculating the  spreadsheets.   Mr. Tangeman explained  that                                                                   
personal income had  not been included in the  graph and that                                                                   
it is higher  than the percentages currently  being analyzed.                                                                   
He added  that assumes 3% with  1% growth and if  the numbers                                                                   
decrease,  the limit  could decrease.   Representative  Croft                                                                   
pointed out  that information  provided would be  the maximum                                                                   
of  what  could be  allowed  at  the  3%,  1% scenario.    He                                                                   
inquired if the  numbers were available from  15 years moving                                                                   
backward  on   inflation,  population  and   personal  income                                                                   
changes.  Mr.  Tangeman said they are.   Representative Croft                                                                   
questioned why 15 years was not being used.                                                                                     
                                                                                                                                
Representative Croft  MOVED to ADOPT Amendment #4.   (Copy on                                                                   
File).  Representative Stoltze OBJECTED.                                                                                        
                                                                                                                                
Representative  Croft  explained  that  the  amendment  would                                                                   
remove the  spending cap concept  and replaces it with  a tax                                                                   
cap.  It would be a tax prohibition.   An income or sales tax                                                                   
could  not  be added  without  a  vote  of  the people.    He                                                                   
questioned  why  government  should  be  restricted  in  such                                                                   
things  as building  new schools,  stressing that  government                                                                   
should  be restricted  in its  ability to tax.   He  observed                                                                   
that if  he had  capped his  personal expenses  right out  of                                                                   
college that would have "tied  his hands" when his employment                                                                   
improved.   There should  be a  balance between revenues  and                                                                   
expenditures.                                                                                                                   
                                                                                                                                
Representative Stoltze  spoke against the  amendment, stating                                                                   
that  it  provides  a  wide  deviation  from  the  growth  of                                                                   
possible taxes.                                                                                                                 
                                                                                                                                
Representative Hawker  acknowledged that the  amendment makes                                                                   
sense.   The power  to appropriate should  be limited  to the                                                                   
revenue  available.   He  stated that  he  would support  the                                                                   
amendment if it  were revised deleting reference  to personal                                                                   
income  or sales  tax and  instead  was to  prohibit "a  tax"                                                                   
without  a  vote  of  the  people.    He  questioned  if  the                                                                   
amendment could accomplish Representative Croft's goal.                                                                         
                                                                                                                                
Representative Joule pointed out  that there is no long-range                                                                   
fiscal  plan.   He  spoke  against  the implementation  of  a                                                                   
personal income or sales tax,  however, mentioned that if one                                                                   
were needed, it is the obligation  of the Legislature to make                                                                   
that decision.                                                                                                                  
                                                                                                                                
Representative  Croft   stated  that  he  would   support  an                                                                   
amendment to prohibit a tax on  individual Alaskans.  He felt                                                                   
that a  spending cap  was poor public  policy.  He  recounted                                                                   
that  members  have  indicated   support  that  it  could  be                                                                   
necessary  to ensure  the  use  of the  Permanent  Fund.   He                                                                   
argued  against  tying  the  hands  of  future  legislatures.                                                                   
Representative Croft maintained  that the power to tax should                                                                   
be taken before the power to appropriate.                                                                                       
                                                                                                                                
Representative  Stoltze  stated that  his  motivation is  not                                                                   
tied to the to Percent of Market Value or other issues.                                                                         
                                                                                                                                
Representative  Hawker stressed  that  there is  no quid  pro                                                                   
quo.  He   maintained  that  the   issue  is  the   basis  of                                                                   
credibility  in  the  eyes  of  the public.    He  felt  that                                                                   
legislators  make the best  decision that  they can  based on                                                                   
the  facts before  them.   He observed  that the  Legislature                                                                   
lacks a certain  amount of credibility before  the public and                                                                   
that the  legislation would  be a  referendum by the  public.                                                                   
He  thought   that  the   public  perception   is  that   the                                                                   
Legislature  wants  to go  "on  a  wild spending  spree"  and                                                                   
viewed  the legislation  as a  cooling  off bill.   The  bill                                                                   
provides State voters "comfort"  while legislators are making                                                                   
spending decisions.  The sunset  provision is critical to the                                                                   
bill.     He  did   not  think  that   the  bill   should  be                                                                   
characterized as binding future legislatures.                                                                                   
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:      Croft, Chenault, Moses                                                                                           
OPPOSED:       Stoltze, Fate, Foster, Hawker, Williams,                                                                         
               Harris                                                                                                           
                                                                                                                                
Representatives Meyer and Joule were absent from the vote.                                                                      
                                                                                                                                
The MOTION FAILED (3-8).                                                                                                        
                                                                                                                                
Representative  Croft advised that  Amendments #5, #6  and #7                                                                   
had   been  incorporated   into   the  committee   substitute                                                                   
presently before the Committee.                                                                                                 
                                                                                                                                
Representative Stoltze MOVED to  report CS HJR 9 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  Representative Croft OBJECTED.                                                                      
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:      Chenault, Hawker, Stoltze, Harris, Williams                                                                      
OPPOSED:       Croft, Fate, Foster, Moses                                                                                       
                                                                                                                                
Representative  Joule and Vice  Chair Meyer were  not present                                                                   
for the vote.                                                                                                                   
                                                                                                                                
The MOTION FAILED (5-4).                                                                                                        
                                                                                                                                
HJR 9 was HELD in Committee.                                                                                                    
                                                                                                                                

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