Legislature(1993 - 1994)

02/10/1993 01:00 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HJR 9 - VOTER APPROVAL FOR NEW TAXES                                         
                                                                               
  Number 031                                                                   
                                                                               
  REP. TERRY MARTIN, PRIME SPONSOR OF HJR 9, thanked Chairman                  
  Porter for promptly scheduling HJR 9.  He explained that HJR
  9 would give the citizens of Alaska a right that citizens of                 
  many other states enjoyed:  being part of the body that                      
  determined taxation issues.  He stated that Alaska's                         
  constitution was quite restrictive regarding taxation                        
  powers.                                                                      
                                                                               
  REP. MARTIN noted the growing awareness among Americans of                   
  the powers of taxation, saying that through initiatives and                  
  referenda, the voters were taking control of state budgets.                  
                                                                               
  REP. MARTIN commented that in most states, 2/3 of each house                 
  of the legislature had to approve a tax.  However, in                        
  Alaska, only a simple majority was required.  He said fifty                  
  percent of states that required a super-majority of each                     
  house to approve a tax also required voter approval of that                  
  new tax.                                                                     
                                                                               
  REP. MARTIN stated that the power of taxation was a                          
  balancing act between legislators and the people.  He said                   
  people did not mind paying taxes as long as they knew that                   
  their money was going to something worthwhile.  He mentioned                 
  that in the most recent election, there had been at least 13                 
  amendments on various states' ballots that severely limited                  
  legislators' powers of taxation.                                             
                                                                               
  Number 136                                                                   
                                                                               
  (Rep. Gail Phillips arrived.)                                                
                                                                               
  Number 147                                                                   
                                                                               
  REP. GREEN asked about who had the powers of taxation in                     
  other states.                                                                
                                                                               
  Number 160                                                                   
                                                                               
  REP. MARTIN replied that most states required the vote of a                  
  super-majority of both houses of the legislature.  In                        
  contrast, HJR 9 would only require a simple majority vote of                 
  both houses, plus approval of the voters.                                    
                                                                               
  Number 200                                                                   
                                                                               
  CHAIRMAN PORTER asked Rep. Martin to explain his comment                     
  that the public did not mind being taxed, so long as the tax                 
  was going to be spent on something worthwhile, in light of                   
  the state's prohibition on dedicated taxes.                                  
                                                                               
  Number 220                                                                   
                                                                               
  REP. MARTIN replied that although taxes could not be                         
  dedicated, legislators would feel obligated to spend tax                     
  funds on certain programs, according to the will of the                      
  voters.                                                                      
                                                                               
  Number 250                                                                   
                                                                               
  REP. PHILLIPS commented that she had met with Judge Stewart,                 
  one of the framers of the Alaska constitution, the day                       
  before.  They had discussed the legislature's role in                        
  determining taxation and the importance of the legislature                   
  not giving up that responsibility.  She commented that at                    
  times the public jumped on the bandwagon about certain                       
  issues without undertaking the thorough review of those                      
  issues that the legislature did.  She asked Rep. Martin if                   
  he had discussed HJR 9 with Judge Stewart.                                   
                                                                               
  Number 271                                                                   
                                                                               
  REP. MARTIN responded that although he had spoken with Judge                 
  Stewart about other issues, they had not discussed HJR 9.                    
  Rep. Martin said he differed with the judge on the issue of                  
  the people controlling taxation.                                             
                                                                               
  (Rep. Nordlund joined the committee.)                                        
                                                                               
  Number 314                                                                   
                                                                               
  REP. PHILLIPS asked if Rep. Martin had looked into granting                  
  the public the right to rescind a tax.                                       
                                                                               
  Number 323                                                                   
                                                                               
  REP. MARTIN replied that such a proposal would probably need                 
  to be addressed in another piece of legislation.  He                         
  mentioned the state of California's now-defunct "crazy                       
  cracker" tax, which was rescinded by the voters.                             
                                                                               
  REP. MARTIN said that he did not believe that legislators                    
  did a better job than the people in deliberating the issues.                 
  He stated that Alaska was rife with educated people who                      
  discussed issues before them on the ballot.                                  
                                                                               
  Number 371                                                                   
                                                                               
  REP. NORDLUND asked Rep. Martin how many other states had                    
  provisions similar to HJR 9 in their constitutions.                          
                                                                               
  REP. MARTIN replied that approximately 50 percent of the                     
  states allowed the voters to approve taxation.  Before that                  
  approval, however, about 80 percent of the states required a                 
  2/3 vote of each house of the legislature.                                   
                                                                               
  Number 391                                                                   
                                                                               
  REP. NORDLUND asked if HJR 9 pertained to the imposition of                  
  new taxes or the raising of existing taxes.                                  
                                                                               
  Number 399                                                                   
                                                                               
  REP. MARTIN replied that HJR 9 pertained to raising personal                 
  taxes or imposing a new personal tax.  He noted that the                     
  resolution had nothing to do with corporate taxes or any                     
  other taxes, except for those that impacted an individual's                  
  income.                                                                      
                                                                               
  Number 404                                                                   
                                                                               
  REP. NORDLUND said that he was concerned that individuals                    
  could not get adequate information on which to base their                    
  votes for or against a tax.  He noted that taxation issues                   
  were often very complex.  He commented on the superficiality                 
  of campaign issues and said that he was skeptical about the                  
  ability of the public to glean substantial, meaningful                       
  messages from a 30-second television commercial.                             
                                                                               
  Number 425                                                                   
                                                                               
  REP. MARTIN commented that the voters of Alaska must be very                 
  intelligent as they had elected both himself and Rep.                        
  Nordlund.  He said that Alaskans discussed the issues among                  
  themselves, citing the constitutional convention ballot                      
  question as an example.                                                      
                                                                               
  Number 450                                                                   
                                                                               
  CHAIRMAN PORTER asked Rep. Martin if this proposal had been                  
  before the legislature in past years.                                        
                                                                               
  Number 454                                                                   
                                                                               
  REP. MARTIN responded that he had introduced the resolution                  
  for the past six or eight years.                                             
                                                                               
  Number 457                                                                   
                                                                               
  CHAIRMAN PORTER asked Rep. Martin how far along in the                       
  legislative process his proposal had gotten in the past.                     
                                                                               
  REP. MARTIN replied that where HJR 9 was today was the                       
  furthest that his proposal had ever been in the legislative                  
  process.                                                                     
                                                                               
  Number 478                                                                   
                                                                               
  RESA JERREL, representing the NATIONAL FEDERATION OF                         
  INDEPENDENT BUSINESSES (NFIB), testified in support of HJR
  9.  She commented that she had asked the NFIB members, in an                 
  annual poll, if the state should increase taxes or decrease                  
  spending.  She said 93 percent of respondents answered that                  
  the state should decrease spending.  She stated that in 1990                 
  a poll question regarding reimposition of the personal                       
  income tax had resulted in 80 percent of respondents voting                  
  against the proposal.                                                        
                                                                               
  Number 497                                                                   
                                                                               
  MS. JERREL commented that the year before, a representative                  
  from Fairbanks had introduced a series of income tax bills.                  
  She said that in response to an alert she issued to her                      
  members about a gross receipts tax, she received two and                     
  one-half pounds of faxes and letters urging the legislature                  
  to oppose the tax.  She said that the gross receipts tax                     
  bill was not difficult to understand.  She added that people                 
  could be educated through various means.                                     
                                                                               
  Number 526                                                                   
                                                                               
  CHAIRMAN PORTER asked Ms. Jerrel if her poll question bore a                 
  direct correlation to HJR 9.                                                 
                                                                               
  Number 531                                                                   
                                                                               
  MS. JERREL responded that her poll did not include a                         
  question specifically relating to HJR 9, but she believed                    
  there to be an indirect correlation between the poll                         
  question and Rep. Martin's resolution.                                       
                                                                               
  Number 537                                                                   
                                                                               
  REP. PHILLIPS asked Ms. Jerrel if her organization had ever                  
  discussed the ability of the public to rescind taxes.                        
                                                                               
  Number 541                                                                   
                                                                               
  MS. JERREL replied that she did not recall any poll                          
  questions on the subject being asked since 1985.                             
                                                                               
  Number 550                                                                   
                                                                               
  REP. GREEN made a motion to pass HJR 9 out of the Judiciary                  
  Committee with individual recommendations.                                   
                                                                               
  Number 553                                                                   
                                                                               
  Hearing no objection, CHAIRMAN PORTER ordered that HJR 9 be                  
  moved out of committee with individual recommendations.                      
                                                                               
  Number 558                                                                   
                                                                               
  CHAIRMAN PORTER announced that HB 69 was now before the                      
  committee.                                                                   

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