Legislature(1999 - 2000)

04/19/1999 01:15 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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HJR 30 - CONST. AM:  REPEAL BUDGET RESERVE FUND                                                                                 
                                                                                                                                
CHAIRMAN KOTT announced the first order of business is HJR 30,                                                                  
Proposing amendments to the Constitution of the State of Alaska                                                                 
repealing provisions relating to the constitutional budget reserve                                                              
fund and providing that the balance in the fund be deposited into                                                               
the budget reserve fund established by statute.                                                                                 
                                                                                                                                
CHAIRMAN KOTT called on Representative Jeannette James, sponsor of                                                              
the resolution.                                                                                                                 
                                                                                                                                
Number 0060                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated that ever since she has been in the                                                                 
legislature she has been aware of the constitutional budget reserve                                                             
fund and the problems that it has created for legislators.  It                                                                  
didn't turn out like it was intended.  It was there to collect                                                                  
taxes.  It has done that, but testimony from the Administration has                                                             
indicated that the state can only expect back $1.6 million per year                                                             
from back taxes.  She thinks it has outlived its usefulness and                                                                 
should go away and in its place there should be a long-term plan.                                                               
Where the money should go she doesn't know, however.  When she                                                                  
wrote the resolution, she suggested that it should go into the                                                                  
statutory budget reserve.  That's where funds were building before.                                                             
It has been empty for a long time and has quite a few restrictions                                                              
on it, so maybe, that's not a good place.  She suggested putting it                                                             
in the earnings reserve of the permanent fund or the general fund.                                                              
Wherever it is put, the deposit needs to get the highest rate of                                                                
return as possible.                                                                                                             
                                                                                                                                
REPRESENTATIVE JAMES further stated the constitutional budget                                                                   
reserve fund has been a burden between the majority and the                                                                     
minority with the three-fourth vote requirement.  It has caused a                                                               
lot of distress over the years, and it is time to put that behind.                                                              
The biggest problem is that any money borrowed has to be paid back,                                                             
and as long as it is there even if it's empty every year the                                                                    
legislature has to "scarf off" everything at the end of the year                                                                
that's available for appropriation and pay it back creating a sweep                                                             
provision in the budget.  That is a problem and as long as it's on                                                              
the books the legislature will continue to have to deal with it.                                                                
                                                                                                                                
Number 0263                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Representative James what would happen to the                                                               
monies that the legislature owes to the fund.  Does it go away?  Is                                                             
the legislature no longer obligated to repay it?  Does that                                                                     
obligation revert to where ever the legislature decides to deposit                                                              
the remaining monies from the constitutional budget reserve?                                                                    
                                                                                                                                
Number 0315                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES replied, she assumes, if the fund goes away                                                                
that any debt to it would go away.  Maybe the constitutional                                                                    
amendment needs to be clearer to indicate that any debt would be                                                                
extinguished.  She suggested getting a legal opinion.                                                                           
                                                                                                                                
Number 0355                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT said the constitutional amendment would need to be                                                                
clear to the voters.  "I'm sure there'd be some motivation out                                                                  
there within the public that would decry that we borrowed money                                                                 
from this fund and now this is a roundabout way to at least prevent                                                             
us from paying it back."                                                                                                        
                                                                                                                                
REPRESENTATIVE JAMES stated, it is her personal opinion, the people                                                             
do not understand that it has to be paid back.  It's not even an                                                                
issue.  They just think it's a place to put money.                                                                              
                                                                                                                                
Number 0393                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated he completely agrees with Representative                                                                   
James.  He's not sure that he would want to put that in language in                                                             
the constitutional amendment, unless it was not clear from a legal                                                              
standpoint of the legislature's obligation.  If a legal opinion                                                                 
says that the obligation goes away with the fund and that the money                                                             
is transferred to another account that would be fine.  The more                                                                 
included in a constitutional amendment, the more confused the voter                                                             
would be.                                                                                                                       
                                                                                                                                
Number 0435                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated, if the constitutional budget reserve                                                               
fund is repealed, everything that is currently in it would go away.                                                             
The payback is in the existing language in the constitution.                                                                    
                                                                                                                                
Number 0455                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked Representative James whether she                                                                 
thinks that the money deposited from the closure of the fund should                                                             
be defined in the constitutional amendment, so that people know                                                                 
where it will go, or whether there is something that can be done                                                                
afterwards.                                                                                                                     
                                                                                                                                
Number 0513                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES replied it seems that part of repealing a                                                                  
constitutional fund would include what would be done to the money                                                               
in there.  There could be language that says, "at the will of the                                                               
legislature" or "subject to legislative appropriation" or "put it                                                               
in the earnings of the permanent fund to be managed with the rest                                                               
of it" or "the statutory budget reserve fund."                                                                                  
                                                                                                                                
Number 0580                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted that much of the public debate is                                                                
emotional in regards to the funds that the legislature has access                                                               
to, which is why the constitutional budget reserve came about in                                                                
the first place.  The legislature, therefore, has to be cautious in                                                             
terms of how this is presented, so that it's not perceived as one                                                               
more way that the legislature want's to take a person's money and                                                               
spend it "willy-nilly."                                                                                                         
                                                                                                                                
Number 0630                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES suggested informing the newer legislators of                                                               
the history of the constitutional budget reserve fund.  She                                                                     
explained it was passed in 1990.  At that time, there was a dispute                                                             
between the legislature and former-Governor Hickel of what                                                                      
constituted a back-tax settlement.  Where did the process start?                                                                
Were administrative appeals included or did it mean going to court                                                              
for a settlement?   Money came in 1991 and 1992, and the governor                                                               
and the administration took the position that the money did not                                                                 
have to go into the constitutional budget reserve fund.  Another                                                                
issue was, when can it be used with a majority vote?  The                                                                       
constitution says that if the incoming money is less than the                                                                   
amount used in the previous year's budget, then it can be accessed                                                              
with a majority vote.  But, for any other time or reason money is                                                               
taken out of the constitutional budget reserve fund, a                                                                          
three-fourths vote is needed.  Beyond that, any money used out of                                                               
the constitutional budget reserve fund has to be paid back.  Thus,                                                              
at June 30 of every year, any money that has not been appropriated                                                              
is "scarfed off" to pay back the money that has been borrowed.                                                                  
Consequently, the little funds like the marine highway fund gets                                                                
swept in and eventually swept out under the "sweep provision."  She                                                             
noted the sweep provision says that any money swept in to pay back                                                              
the constitutional budget reserve fund gets swept back to where it                                                              
was because the sate can't afford to short the money.  The court                                                                
said, in 1993, that the money available for appropriations, when                                                                
comparing it to last year's budget, includes the permanent fund                                                                 
earnings, but it doesn't count when it comes to the sweep                                                                       
provision.  The court also said that once money was collected from                                                              
a tax appeal it needs to go into the constitutional budget reserve                                                              
fund.  She noted that there has been over $7 billion collected and                                                              
put into the fund, and over one-half has been used.  The state has                                                              
never had the ability to pay it back, and she doesn't see any real                                                              
ability to pay it back in the future.  She reiterated the                                                                       
constitutional budget reserve fund is not working, like the                                                                     
election pamphlet said it would work, when she voted for it.                                                                    
                                                                                                                                
Number 0933                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated it doesn't work because the state never                                                             
gets to the point where appropriations are greater than the amount                                                              
available for appropriations.  There is always an amount left over                                                              
after paying for dividends and providing for inflation-proofing,                                                                
which he thinks are appropriations.  There is always an amount left                                                             
standing in the earnings reserve of the permanent fund.  That                                                                   
amount clearly means that there isn't a deficit in terms of                                                                     
accounting.  The court decision was correct.  The state has never                                                               
spent more than what was available for appropriations.  It's not so                                                             
much of a weird court decision, but weird accounting.  But, because                                                             
the state has never been in a position of deficit, the state has                                                                
not had the constitutional authority to truly get into the                                                                      
constitutional budget reserve fund.  The state has only had                                                                     
three-fourth authority to borrow from it creating an oddity.                                                                    
                                                                                                                                
Number 1020                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Representative James why she is ending                                                               
the constitutional budget reserve fund rather than amending it, and                                                             
whether she means to deposit the money into the earnings reserve of                                                             
the permanent fund or some other statutory fund that would need to                                                              
be created.                                                                                                                     
                                                                                                                                
Number 1040                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES replied it is up to the committee.  She                                                                    
reiterated she selected the statutory budget reserve account                                                                    
because it is already on the books and is empty.                                                                                
                                                                                                                                
REPRESENTATIVE JAMES further stated she agrees with not counting                                                                
the earnings reserve money that's available for appropriation, but                                                              
it is counted in the beginning, so why isn't it counted in the                                                                  
payback.  That's the problem.  As long as the state is short of                                                                 
funds, it will never get paid back.                                                                                             
                                                                                                                                
Number 1086                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated it counts in both places because money                                                              
available for appropriation is everything that the state has coming                                                             
in.                                                                                                                             
                                                                                                                                
REPRESENTATIVE JAMES said, according to the court decision, it                                                                  
doesn't count in the sweep provision.                                                                                           
                                                                                                                                
Number 1102                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said the state is forced to sweep it back                                                                  
because it has always had more money available for appropriation                                                                
than what has been appropriated.                                                                                                
                                                                                                                                
REPRESENTATIVE JAMES noted that the money doesn't sweep out of the                                                              
earnings reserve of the permanent fund, only the other funds.                                                                   
                                                                                                                                
Number 1116                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted that that money was never appropriated.                                                              
He cited, as an example, if the state earns $1.5 billion, it will                                                               
need another $900 million for dividends and $300 million for                                                                    
inflation-proofing resulting in $300 million left.  If the                                                                      
legislature acts like it has for the past five years, it will leave                                                             
that sit in the earnings reserve of the permanent fund, and proper                                                              
accounting would say that there was never more appropriated than                                                                
available.                                                                                                                      
                                                                                                                                
Number 1165                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated that is true.  If it made sense, the                                                                
$300 million would be swept back into the fund to pay back what has                                                             
been borrowed at June 30 of every year, but that's not the way it                                                               
works.                                                                                                                          
                                                                                                                                
Number 1176                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT replied, "Because it doesn't sit in the                                                                    
general fund."                                                                                                                  
                                                                                                                                
REPRESENTATIVE JAMES said she understands that.                                                                                 
                                                                                                                                
REPRESENTATIVE CROFT said his point is, the court's decision is a                                                               
rationale interpretation of a quickly drafted constitutional                                                                    
amendment that may not accomplish all that it was intended to.                                                                  
                                                                                                                                
REPRESENTATIVE JAMES said she agrees with the court's decision.                                                                 
The constitutional amendment to create the constitutional budget                                                                
reserve fund was poorly written.                                                                                                
                                                                                                                                
Number 1193                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated, whatever is done for the long-term                                                                 
planning, the legislature needs to be sure that all of the money is                                                             
earning as much as it can.  The proper place, it seems, would be to                                                             
put the balance in the earnings reserve of the permanent fund, or                                                               
under the pile of money that is being managed by the Alaska                                                                     
Permanent Fund Corporation.  Small amounts of money in different                                                                
places limits the types of investments that can be made compared to                                                             
a larger fund and a larger rate of return.  It seems that the state                                                             
should "put all its eggs in one basket" in this case.                                                                           
                                                                                                                                
Number 1258                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT said "we" certainly want to get the best return for                                                               
our investments.                                                                                                                
                                                                                                                                
Number 1262                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT suggested a bill to deposit the balance into                                                               
the earnings reserve of the permanent fund with a three-quarters                                                                
vote.  The advantage of that approach is because the constitutional                                                             
budget reserve fund would still be alive for money from                                                                         
settlements.  The approach of the constitutional amendment is for                                                               
the settlements to go to the general fund because "we" don't expect                                                             
the "big whopper settlements"...                                                                                                
                                                                                                                                
Number 1294                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES interjected and stated:  "Just the ordinary                                                                
course of doing business like a hundred...They're estimating $106                                                               
million a year just a--a small percentage of the taxes that we                                                                  
collect will be administratively appealed.  You know, it's just a                                                               
part of doing business."                                                                                                        
                                                                                                                                
Number 1306                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked what would happen to the debt of $3.4 or                                                             
$3.8.                                                                                                                           
                                                                                                                                
CHAIRMAN KOTT replied it would go away.  According to Tamara Cook                                                               
[Director, Legislative Legal and Research Services, Legislative                                                                 
Affairs Agency], by creating a new area for this money to be                                                                    
deposited, the prior debt terminates with the end of the fund.                                                                  
                                                                                                                                
Number 1331                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked whether there is a problem with changing                                                             
something that requires a three-quarters vote with a two-thirds                                                                 
vote.  He wondered whether there is a principal based on modifying                                                              
a rule with what it takes to effectuate it.                                                                                     
                                                                                                                                
Number 1355                                                                                                                     
                                                                                                                                
                                                                                                                                
REPRESENTATIVE JAMES replied she doesn't have the answer to that                                                                
question.  She declared that she hopes to get unanimous                                                                         
consideration, however.                                                                                                         
                                                                                                                                
CHAIRMAN KOTT stated if this went before the voters it would just                                                               
require a simple majority of the voters to repeal it.                                                                           
                                                                                                                                
REPRESENTATIVE MURKOWSKI suggested calling Tamara Cook for an                                                                   
answer.                                                                                                                         
                                                                                                                                
Number 1381                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG suggested getting a written legal opinion                                                               
for a record to travel with the bill.  He thinks the other members                                                              
will have the same questions.  He declared he intends to be a                                                                   
cosponsor.  He agrees that the use of the constitutional budget                                                                 
reserve fund is problematic, and this committee needs to look at                                                                
where the balance in the fund should be deposited.  He shares the                                                               
concern regarding the sweep language, which is why the                                                                          
constitutional amendment needs to be absolutely clear.  He also                                                                 
shares the concern of a greater return on a stand-alone fund, a                                                                 
smaller corpus, and a shorter time horizon for the utilization of                                                               
those funds.  Testimony from the Department of Revenue has                                                                      
indicated that it is much less than expected.                                                                                   
                                                                                                                                
CHAIRMAN KOTT announced that Tamara Cook is online now.  He asked                                                               
her to comment on the trailing debt that the legislature owes to                                                                
the constitutional budget reserve fund.                                                                                         
                                                                                                                                
Number 1465                                                                                                                     
                                                                                                                                
TAMARA COOK, Director, Legislative Legal and Research Services,                                                                 
Legislative Affairs Agency, testified via a telephone.  She stated                                                              
that there is no debt.                                                                                                          
                                                                                                                                
CHAIRMAN KOTT stated, so under the termination of the                                                                           
constitutional budget reserve fund there would be no debt.                                                                      
                                                                                                                                
MS. COOK replied Article IX, Section 17(d) of the constitution says                                                             
that if there is money left in certain places at the end of each                                                                
fiscal year, it has to go into the constitutional budget reserve                                                                
fund automatically to pay off the debt.  But, that subsection would                                                             
be repealed.                                                                                                                    
                                                                                                                                
Number 1490                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Ms. Cook whether repealing the sweep                                                                 
provision repeals the debt.                                                                                                     
                                                                                                                                
MS. COOK replied there is no obligation to repay because subsection                                                             
(d) would be repealed.                                                                                                          
                                                                                                                                
REPRESENTATIVE CROFT wondered whether there would be a theoretical                                                              
debt.                                                                                                                           
                                                                                                                                
Number 1501                                                                                                                     
                                                                                                                                
MS. COOK stated it's not even a theoretical debt.  The obligation                                                               
to repay only exists in subsection (d), and once that is gone there                                                             
is no obligation or sweep.                                                                                                      
                                                                                                                                
Number 1518                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Ms. Cook whether there is a problem with                                                             
the fact that this has a three-quarters vote requirement and with                                                               
what is needed to change it.  Some rules that establish super                                                                   
majorities can only be changed by that super majority.                                                                          
                                                                                                                                
MS. COOK replied no because it amends the constitution.  If the                                                                 
people choose to repeal Section 17, all of it is repealed.  It's                                                                
the people voting, not a super majority or majority of the                                                                      
legislature.  The only thing the legislature can do is propose the                                                              
amendment.                                                                                                                      
                                                                                                                                
Number 1557                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Ms. Cook whether there is a reason that                                                              
this would have to stay in the constitution, or can it drop out                                                                 
once it does what it was intended to do.                                                                                        
                                                                                                                                
MS. COOK replied it won't drop out on its own.  The way it is                                                                   
written now, it would continue to operate indefinitely.                                                                         
                                                                                                                                
REPRESENTATIVE CROFT said it would operate as one action.  He asked                                                             
Ms. Cook whether sunsets are ever placed in the constitution.                                                                   
                                                                                                                                
MS. COOK replied she can't think of anything like that in the                                                                   
constitution.  There have been provisions that ask for a question                                                               
to be placed before the voters on a certain date again, but those                                                               
are in the transitional sections.                                                                                               
                                                                                                                                
Number 1599                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said:  "The transitional sections didn't pop                                                               
out.  There were--are stuff at the end talking about how it's going                                                             
to be..."                                                                                                                       
                                                                                                                                
MS. COOK stated there are a few odd provisional sections that exist                                                             
with respect to other constitutional amendments.                                                                                
                                                                                                                                
Number 1623                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Ms. Cook to forward a written opinion on the                                                                
trailing debt to the committee.                                                                                                 
                                                                                                                                
Number 1678                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated there are two ways to go - wait and                                                              
see if something new results from this legislature, or let the                                                                  
legislature deposit it at its direction back in the earnings                                                                    
reserve of the permanent fund.  This doesn't have to pass until the                                                             
next session because it is a constitutional amendment.  He is                                                                   
concerned that letting the balance in the fund be deposited at the                                                              
direction of the legislature the people wouldn't have quite the                                                                 
faith in it otherwise if they knew exactly where it was going.                                                                  
                                                                                                                                
Number 1730                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated he realizes that there are other things                                                                    
occurring outside this room and legislature, but whether or not any                                                             
of that comes to fruition remains to be seen.  This has a House                                                                 
Finance Standing Committee referral.  He is sure that everything                                                                
would be married there, if there is conflict with other issues.                                                                 
                                                                                                                                
Number 1748                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said that the public would support putting the                                                             
balance in the earnings reserve of the permanent fund.  It would                                                                
probably be the favorite place.                                                                                                 
                                                                                                                                
Number 1766                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said, by leaving the constitutional budget                                                              
reserve fund in place now, that might tend to be looked upon as                                                                 
favoring one proposal over another.  He knows that there is one                                                                 
proposal that talks about bringing life back into the statutory                                                                 
budget reserve fund.  He also cited the All-Alaskan Plan as an                                                                  
example.                                                                                                                        
                                                                                                                                
Number 1806                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated the other place that might be the most                                                              
popular, from a public perspective, is the principal of the                                                                     
permanent fund.                                                                                                                 
                                                                                                                                
Number 1826                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated that certainly would encourage the                                                                  
legislature to make a decision on where to fill the budget gap this                                                             
year.  She noted, however, that this wouldn't be effective until                                                                
after next year's election.                                                                                                     
                                                                                                                                
Number 1846                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI stated, in listening to this discussion,                                                               
it seems that this would be more appropriately resolved at the                                                                  
House Finance Standing Committee level.  The House Judiciary                                                                    
Standing Committee is charged with getting a legal opinion                                                                      
regarding the deposit of the money.  Perhaps, it doesn't need to be                                                             
specified where the money would be deposited.                                                                                   
                                                                                                                                
Number 1870                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said she has had a lot of phone calls                                                                      
regarding depositing the balance into the statutory budget reserve                                                              
fund.  It is a term that hasn't been around for a very long time.                                                               
She reiterated she choose that fund because it is empty and there                                                               
are restrictions, but she would prefer putting it somewhere else                                                                
that the people understand a little bit better.                                                                                 
                                                                                                                                
Number 1894                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT said he is trying to decide which is better - the                                                                 
earnings reserve of the permanent fund or the corpus of the                                                                     
permanent fund.  There are pros and cons for both.  The bill should                                                             
leave this committee going into either one.  The House Finance                                                                  
Standing Committee can sort it out based on whatever else it needs                                                              
to be married up with it.  Nevertheless, it is inappropriate to                                                                 
leave it go to the statutory budget reserve fund.                                                                               
                                                                                                                                
REPRESENTATIVE JAMES noted she does not have any objection to that.                                                             
                                                                                                                                
Number 1914                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG suggested the committee members consider                                                                
the discretion of the legislature at this juncture.  That's not                                                                 
entirely inappropriate, but it's not the most popular politically.                                                              
                                                                                                                                
Number 1980                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT said, if this is the only vehicle that goes forward,                                                              
he would like to have some comfort in having set a policy that                                                                  
would go to the entire House.  "We don't know what's going to                                                                   
happen up in Finance, and you know we got one crack at this.  And,                                                              
they can undue it up there, untie the knot.  But, I'd rather I                                                                  
think forward something on that's a little more definitive."                                                                    
                                                                                                                                
Number 2029                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT made a motion to delete the language, "budget                                                              
reserve fund established by statute", on page 1, line 11, and to                                                                
insert the language, "principal of the permanent fund (art. IX,                                                                 
sec. 15)".  [Amendment 1]                                                                                                       
                                                                                                                                
REPRESENTATIVE JAMES AND REPRESENTATIVE ROKEBERG objected.                                                                      
                                                                                                                                
Number 2080                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said she's not a financial whiz like some                                                                  
people, but after thirty years of accounting work she can calculate                                                             
figures in her head.  She believes, no matter what plan is put on                                                               
the table, short of getting more oil down the pipeline or some                                                                  
other method of meeting the needs of the people that taxes won't                                                                
even fill the gap.  There is a minimal amount of money available                                                                
outside the corpus of the permanent fund for the next...She is                                                                  
comfortable with putting it into the earnings reserve of the                                                                    
permanent fund for its maximum return, but she is not comfortable                                                               
with putting it off-limits.  She didn't support dumping more money                                                              
back into the permanent fund last year because of emergencies.  She                                                             
said, "If we have any kinds of emergencies in our state, which                                                                  
we're prone to do, we could be in 'deep doo doo' if we don't have                                                               
enough money available to make those decisions."                                                                                
                                                                                                                                
Number 2186                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES further noted that the legislature still plans                                                             
to downsize the amount of money being spent.  The All-Alaska Plan                                                               
suggests reducing spending for another five years.  Representative                                                              
Rokeberg has a piece of legislation that reduces the percentage of                                                              
oil revenues that are put into the corpus of the permanent fund                                                                 
from 25 percent to what is demanded in the constitution.  She                                                                   
thinks that is wise.  The state ought not to put all of the money                                                               
out of touch, but there needs to be some kind of control on how to                                                              
do the budget, which is a whole different issue.  She reiterated                                                                
she would like to see some money sitting in the earnings reserve of                                                             
the permanent fund for emergencies.                                                                                             
                                                                                                                                
Number 2229                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG suggested the language, "the general funds'                                                             
earnings reserve of the permanent fund".  It is not an amendment.                                                               
He noted that the earnings reserve of the permanent fund are                                                                    
general funds, except by statute.                                                                                               
                                                                                                                                
Number 2275                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said this resolution has puzzled him because                                                               
the effect of it can be done just by talking and getting                                                                        
three-quarters votes.  Given the dynamics of the makeup of the                                                                  
legislature, this resolution is a way of not talking to the                                                                     
minority.  The difference is only three votes.  It takes 27 votes                                                               
to put this on the ballot and 30 votes to just do it.  He doesn't                                                               
see the point of going around the minority.  This could be a                                                                    
component of a long-range plan.  It would probably be the component                                                             
that follows almost any plan to get rid of the constitutional                                                                   
budget reserve fund.  Representative Davies has said that some                                                                  
reformation of this constitutional provision needs to happen, but                                                               
this is a way to go around the minority.  There has been talk about                                                             
changing the vote from a three-quarters to a simple majority.  The                                                              
minority has been very open and willing to discuss that, but it                                                                 
hasn't happened.  It surprises him because he has worked well with                                                              
the sponsor of the resolution on a lot of other issues.  If that is                                                             
the approach, then let's just put it in the principal where                                                                     
everybody feels safe.                                                                                                           
                                                                                                                                
Number 2397                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated she agrees with Representative Croft.                                                               
She has never seen the working relationship between the majority                                                                
and the minority as good as it is this year.  She doesn't blame                                                                 
that on the majority; it has been the minority who is more willing                                                              
to work.  The intent of the resolution, however, has nothing to do                                                              
with the three-quarters vote; it has to do with the payback.  The                                                               
payback is a burden on the legislature, and to get a three-quarters                                                             
vote to un-sweep the money is absurd.  It is important to work                                                                  
together, but the legislators in the majority and minority might                                                                
not be the same next year.  The minority might be the majority, and                                                             
the majority might be the minority.                                                                                             
                                                                                                                                
TAPE 99-34, SIDE B                                                                                                              
Number 0003                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated Representative James is right.  It                                                               
is the payback.  In his life, a business agreement/contract is put                                                              
together to service the parties to that agreement/contract.  The                                                                
current system might be considered idyllic, but it has been his                                                                 
experience to the contrary.  He has resented it greatly.  There has                                                             
been a substantial amount of spending and log rolling.  In                                                                      
understanding the political history of why the two-thirds vote                                                                  
became three-quarters, this constitutional amendment has been a                                                                 
disservice to the people.  They don't understand it.  It's hard                                                                 
enough for experienced people to understand it.  It needs to be                                                                 
changed.  He hopes that something can be done along these lines.                                                                
He is confident that there will be a plan to satisfy everybody, and                                                             
that this resolution could be part of it.  He agrees, with the                                                                  
sponsor, that clearly the earnings reserve of the permanent fund                                                                
would be the most ideal location at this juncture.                                                                              
                                                                                                                                
Number 0097                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked Representative Croft whether he said                                                             
that he could support this if it is part of a bigger plan.                                                                      
                                                                                                                                
REPRESENTATIVE CROFT replied absolutely.  This resolution, however,                                                             
is the "cart before the horse."  What plan would be implemented by                                                              
ending the constitutional budget reserve fund?  It seems that the                                                               
only change is from a three-quarters vote to a simple majority,                                                                 
which is only a power deal.  He is also worried that the opposite                                                               
is true.  In other words, it would become an obligation to keep a                                                               
balance of that $3 billion.  It would be disingenuous to pass the                                                               
resolution then spend it down twice.                                                                                            
                                                                                                                                
Number 0193                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT further stated, in response to Representative                                                              
Rokeberg's last comment, he doesn't think that the constitutional                                                               
budget reserve fund has been negative for the people.  It is the                                                                
time when legislators are consulted.  "Obviously, it depends on                                                                 
whose ox is being gored whether it's good government or log rolling                                                             
or some combination.  But, this can and probably has to be an                                                                   
important component of what we do, but asking us to vote to do it                                                               
before we know what we're doing is too much."                                                                                   
                                                                                                                                
Number 0232                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT announced for the record that all the committee                                                                   
members are present.                                                                                                            
                                                                                                                                
CHAIRMAN KOTT called for a roll call vote.  Representatives Green,                                                              
James, Rokeberg, Murkowski and Kott voted against the motion.                                                                   
Representatives Croft and Kerttula voted in favor of the motion.                                                                
The motion failed by a vote of 5 to 2.                                                                                          
                                                                                                                                
Number 0289                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Representative James whether she                                                                  
prefers an amendment including the words "general fund" or                                                                      
"earnings reserve of the permanent fund."                                                                                       
                                                                                                                                
Number 0302                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES replied she would like to have the money                                                                   
deposited into the permanent fund.  She would like to change it                                                                 
before going to the House Finance Standing Committee, even though                                                               
it might change as part of an overall plan.  It might not even pass                                                             
this year, but she has the entire interim to talk to folks about                                                                
it.  She would prefer that it didn't go into the statutory budget                                                               
reserve fund.  She reiterated any place else is fine with her,                                                                  
except for putting it into the corpus of the permanent fund or                                                                  
leaving it to the discretion of the legislature.                                                                                
                                                                                                                                
Number 0349                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG made a conceptual amendment to read,                                                                    
"general funds' earnings reserve of the permanent fund", after the                                                              
word "the" on page 1, line 11.  The idea is to tell the public that                                                             
the earnings reserve of the permanent fund is part of the general                                                               
fund.                                                                                                                           
                                                                                                                                
Number 0380                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA noted it would be better to leave that for                                                              
the language in the explanation.  The earnings reserve of the                                                                   
permanent fund really isn't part of the general fund.                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG said it is part of the general fund.  It                                                                
says so in the constitution.  It has just been statutorily                                                                      
redefined.  That's what has caused so much confusion.  The people                                                               
do not understand that the earnings reserve of the permanent fund                                                               
is part of the general fund.  As long as it is going into the                                                                   
earnings reserve, the people need to understand that it is                                                                      
available for appropriation.                                                                                                    
                                                                                                                                
CHAIRMAN KOTT noted it is available for appropriation.                                                                          
                                                                                                                                
Number 0418                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked whether that should be included in                                                               
the constitutional amendment or as part of the explanation.                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated the only trouble is the people don't                                                             
know that...                                                                                                                    
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked whether it's the job of the                                                                      
legislature to educate them.                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG replied it is the job of the legislature to                                                             
educate them, but maybe not in this constitutional amendment.  He                                                               
reiterated it was just a suggestion and deferred to the sponsor on                                                              
whether or not she wants to use the language, "general fund."                                                                   
                                                                                                                                
Number 0444                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said, she thinks, it opens the door for                                                                    
confusion.  It would be better to simply have the language,                                                                     
"earnings reserve of the permanent fund."  She agrees that the                                                                  
money is available for appropriations and the people ought to know                                                              
that, but technically it's not general fund money because it has                                                                
been statutorily changed to include money that is available for                                                                 
appropriation within the permanent fund.                                                                                        
                                                                                                                                
Number 0464                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG withdrew his conceptual amendment.                                                                      
                                                                                                                                
Number 0473                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion to insert the language,                                                                   
"earnings reserve of the permanent fund", after the word "the" on                                                               
page 1, line 11.                                                                                                                
                                                                                                                                
REPRESENTATIVE CROFT asked whether, "earnings reserve of the                                                                    
permanent fund", is defined anywhere.                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG replied it is in statute.                                                                               
                                                                                                                                
REPRESENTATIVE JAMES noted that a change would have to be made to                                                               
the title too.                                                                                                                  
                                                                                                                                
REPRESENTATIVE CROFT asked where is it in statute.                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that he has been reading the                                                                      
constitution lately and it doesn't mention the earnings reserve of                                                              
the permanent fund.                                                                                                             
                                                                                                                                
REPRESENTATIVE CROFT said he has looked at the permanent fund                                                                   
corporation section and he can't find any mention to the earnings                                                               
reserve.                                                                                                                        
                                                                                                                                
Number 0526                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT called for a brief at-ease at 2:15 p.m. and called                                                                
the meeting back to order at 2:18 p.m.                                                                                          
                                                                                                                                
Number 0531                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion to include the language,                                                                  
"earnings reserve account as established by statute in the                                                                      
permanent fund", after the word "the" on page 1, line 11; as well                                                               
as the technical change to the title.  There being no objection, it                                                             
was so moved.                                                                                                                   
                                                                                                                                
Number 0565                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion to move HJR 30, as amended,                                                               
from the committee with individual recommendations and the attached                                                             
fiscal note(s).  There being no objection, CSHJR 30(JUD) was so                                                                 
moved from the House Judiciary Standing Committee.                                                                              

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