Legislature(1999 - 2000)

03/23/2000 09:08 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 137-MUNICIPAL DIVIDEND PROGRAM                                                                                             
                                                                                                                                
Number 0022                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced the first  order of business is  HOUSE BILL                                                              
NO. 137, "An  Act relating to the municipal dividend  program; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
CHAIR JAMES first remarked that second  class boroughs have become                                                              
somewhat of an  issue; she is doing research to  resolve the issue                                                              
and it will be discussed at another meeting.                                                                                    
                                                                                                                                
Number 0160                                                                                                                     
                                                                                                                                
PHIL YOUNKER, SR.,  said he is representing himself  as a taxpayer                                                              
who lives in the Fairbanks North  Star Borough.  He stated that he                                                              
supports HB 137  and understands the difficulties  of second class                                                              
boroughs.  He  explained that he was serving on  the assembly when                                                              
50  percent  of the  population  did  not have  emergency  medical                                                              
services (EMS)  or fire protection.   He thinks that while  HB 137                                                              
needs  some adjustment,  he would  be  opposed to  just sending  a                                                              
blank  check  to  local  government.   As  a  taxpayer  living  in                                                              
Fairbanks, he knows  it took years to build adequate  fire service                                                              
areas  with state  and local  money and  just plain  hard work  by                                                              
volunteers.   He  commented that  road  services are  in the  same                                                              
position.  While the committee may  have to make some adjustments,                                                              
he hoped that the  committee would keep a large portion  of HB 137                                                              
dedicated to  the four basic services  that taxpayers all  need to                                                              
maintain safety  and quality of life.   He emphasized that  HB 137                                                              
covers the  most people  according to  the way  it is written  and                                                              
covers the  most basic services.   He urged the committee  to move                                                              
HB 137 and he hopes it passes.                                                                                                  
                                                                                                                                
CHAIR JAMES remarked that since volunteers  spend many, many hours                                                              
in community  work, the  least the legislature  can do  is provide                                                              
equipment, education, and tools for volunteers to do their job.                                                                 
                                                                                                                                
MR. YOUNKER  said he has been  involved in opposition to  the ten-                                                              
mil tax-cap  initiative both  at home  and around  the state.   He                                                              
said he is scared that the initiative  possibly could pass, and if                                                              
it  does, he  believes local  service  areas will  feel the  first                                                              
cuts.   He noted  that the scary  thing is that  what he  saves in                                                              
[property] taxes under the tax cap  will not pay the difference on                                                              
his home  fire insurance, and he  can guarantee that is  what will                                                              
happen.  He commented  that the tax-cap initiative  is bad, and he                                                              
hopes it can  be killed.  He  acknowledged that it is  going to be                                                              
difficult  to get people  to vote  to raise  their own taxes,  and                                                              
that is how  people are going to  see the tax-cap initiative.   He                                                              
remarked that if HB 137 stays close  to what it is today, at least                                                              
it keeps basic  services in service areas that  otherwise would be                                                              
lost if the initiative did pass.                                                                                                
                                                                                                                                
Number 0504                                                                                                                     
                                                                                                                                
DUANE UDLAND,  Chief, Anchorage  Police  Department, said  he also                                                              
represents  the Alaska  Association of  Police Chiefs.   He  noted                                                              
that one  of the primary concerns  for police chiefs is  the issue                                                              
of public safety and as a chief,  he is worried about funding.  He                                                              
explained  that  municipal assistance  and  revenue  sharing as  a                                                              
means  of allocation  is a  difficult  subject for  the public  to                                                              
understand.   He acknowledged that  nobody really  understands the                                                              
formula and  what he likes about HB  137 is that it is  simple and                                                              
addresses  the  basics, though  he  is  sure  there will  be  much                                                              
discussion about what dollar amount should go where.                                                                            
                                                                                                                                
MR. UDLAND indicated  that when he had talked  with legislators in                                                              
the past, they had told him that  they were not sure where revenue                                                              
sharing money  was going  when it goes  to cities.   He emphasized                                                              
that he  thinks that HB  137 does give  the legislature  a feeling                                                              
that  they are  buying something  [tangible]  because it  outlines                                                              
where the money  goes and what it is for.  He  remarked that every                                                              
police chief  and city in  the state would  be able to  make long-                                                              
range  plans under  the formula  presented  in HB  137 instead  of                                                              
thinking year  to year.   He reminded  the committee that  just as                                                              
the  committee  wrestles with  long  term funding  issues,  police                                                              
chiefs do that also at the local  level.  He said that HB 137 will                                                              
go  a long  way toward  addressing  funding issues,  and it  would                                                              
certainly make it  easier for the public to understand  just where                                                              
their  tax dollars  are  going because  right  now  he thinks  the                                                              
public  does  not  understand  revenue  sharing.    He  urged  the                                                              
committee to make their adjustments to HB 137 and move it out.                                                                  
                                                                                                                                
Number 0686                                                                                                                     
                                                                                                                                
FRANK   KELTY,   Mayor,   City    of   Unalaska,   testified   via                                                              
teleconference from  Unalaska in support  of HB 137 and  urged the                                                              
committee to move it forward.                                                                                                   
                                                                                                                                
Number 0727                                                                                                                     
                                                                                                                                
PAM KARALUNAS  said she  is testifying for  herself as  a lifelong                                                              
Alaskan.   She noted that  it has been  frustrating to her  to see                                                              
nothing happening probably as a result  of the September 14, 1999,                                                              
[advisory vote on the permanent fund  issue] and so she is excited                                                              
about HB 137.   She commented that  HB 137 is a step  in the right                                                              
direction  and  agrees  that  a   combination  of  more  efficient                                                              
government and  citizen responsibility, including [taxes],  is the                                                              
right way to go.  She indicated she  likes the basic concept of HB
137 and  the clear  delineation of  funds, even  though there  are                                                              
some things  that will  need adjustment.   She mentioned  that the                                                              
reality is  that people will pay  for services one way  or another                                                              
either by  increased taxes at home  or by costs that  are incurred                                                              
when services do not exist.                                                                                                     
                                                                                                                                
Number 0846                                                                                                                     
                                                                                                                                
MIKE  O'BRIEN,  Mayor  of  Bethel, indicated  that  for  the  Bush                                                              
communities, HB 137 is going to end  up being a matter of economic                                                              
survival.   He informed  the committee that  Bethel serves  as the                                                              
"Anchorage"  of southwestern Alaska  because it  has a  great many                                                              
small  communities  that  surround  the  area.   Due  to  cuts  to                                                              
municipal   assistance  and  revenue   sharing,  small   community                                                              
governments  may very well  dissolve in  the next  few years.   He                                                              
acknowledged that a  great deal of business comes  into Bethel and                                                              
when those  small governments  go  by the wayside,  it will  cause                                                              
severe  economic impact  on  the city  of Bethel.    Bethel has  a                                                              
plethora  of woes  just  like everybody  else  in  the state,  for                                                              
example,  roads that  are  still  silty sand,  a  water and  sewer                                                              
system  that  only serves  30  percent  of  the people,  and  [the                                                              
remaining population]  still haul water  and sewer.  He  is not so                                                              
naive as  to believe that HB  137 will solve everyone's  problems,                                                              
but he believes this is the best  start that has been presented in                                                              
years.   Ultimately other  things will have  to be attached  to HB
137 to make this whole plan work.                                                                                               
                                                                                                                                
Number 0952                                                                                                                     
                                                                                                                                
CHAIR JAMES  said she had invited  Jim Baldwin here  today because                                                              
there  was  a   concern  by  one  of  the   representatives  about                                                              
constitutionality  of HB  137 as  to how it  relates to  dedicated                                                              
funds.                                                                                                                          
                                                                                                                                
Number 0969                                                                                                                     
                                                                                                                                
JIM BALDWIN, Assistant Attorney General,  Civil Division (Juneau),                                                              
Department of Law, said he had reviewed  both versions of the work                                                              
draft for HB 137, and they appear  to be the same in regard to use                                                              
of the  permanent fund  (PF) earnings reserve  account.   He would                                                              
interpret this provision similarly  to what the state is doing now                                                              
with  inflation proofing  and the  permanent  fund dividend  (PFD)                                                              
that goes  to individuals.   He indicated that  the constitutional                                                              
way to  implement HB  137 would  be through  appropriation  in the                                                              
budget  process,   consequently  there  cannot  be   an  automatic                                                              
dedication  of funds.   He  acknowledged that  the department  had                                                              
wrestled with  that issue  at the  time the PFD  was created.   He                                                              
remarked  that the  PFD was  [first] established  as an  automatic                                                              
budget  transfer  and  then  the  department  switched  it  to  an                                                              
appropriation because  of [constitutional] concerns.   He observed                                                              
that if HB 137  operates through an appropriation  he does not see                                                              
a constitutional issue.                                                                                                         
                                                                                                                                
MR. BALDWIN  suggested that HB 137  can be improved  by clarifying                                                              
the  word  "transferred" that appears  in section 7, page  5, line                                                              
12, of  the "K"  draft and in  section 11, page  13, line  25, the                                                              
phrase  "transfers  under  (b)  and   (c)."    He  said  that  the                                                              
clarification should  say that HB 137 is subject  to appropriation                                                              
and that it is not a dedicated fund.   He explained that transfers                                                              
are made at the end the fiscal year,  and he does not know whether                                                              
the  committee  is  looking  at the  amount  that  would  be  made                                                              
available in one fiscal year to fund  revenue sharing for the next                                                              
fiscal year.                                                                                                                    
                                                                                                                                
Number 1183                                                                                                                     
                                                                                                                                
CHAIR JAMES stated that was the intent  of HB 137.  She reiterated                                                              
that the $125  from each dividend is counting  the previous year's                                                              
dividends already distributed.                                                                                                  
                                                                                                                                
MR. BALDWIN  said according  to AS  37.13.145, the  determinations                                                              
are made at  the end of the  fiscal year, and if the  committee is                                                              
"forward funding,"  that is fine.  However,  if inflation-proofing                                                              
the PFD and amounts  reserved for the municipal  dividend year are                                                              
to [occur]  in the  same year,  there may  be a  debt-to-cash-flow                                                              
problem.    He commented  that  he  did not  know  if the  HB  137                                                              
drafters had thought of that or not.                                                                                            
                                                                                                                                
Number 1247                                                                                                                     
                                                                                                                                
CHAIR JAMES  indicated that what  the drafters intended to  do was                                                              
identify  the money  and then  "forward fund"  it.   She said  the                                                              
drafters will make that completely clear in the language.                                                                       
                                                                                                                                
REPRESENTATIVE OGAN  reiterated that the legislature  has a ban on                                                              
dedicated  funds   as  directed  by  the  constitution,   and  the                                                              
legislature   gets   around   that   by   subjecting   things   to                                                              
appropriation every  year.  He asked if Mr. Baldwin  is suggesting                                                              
that  the  committee put  language  into  HB  137 that  says  this                                                              
particular  transfer  is  subject  to appropriation  on  a  yearly                                                              
basis.                                                                                                                          
                                                                                                                                
Number 1311                                                                                                                     
                                                                                                                                
MR.  BALDWIN  said  he  would  not  accept  Representative  Ogan's                                                              
characterization that  Mr. Baldwin or  the committee is  trying to                                                              
get around  the dedicated  fund prohibition.    He stated that  he                                                              
believes  what  is  at  work  here is  a  means  to  preserve  the                                                              
legislature's power  of appropriation  over funds, as  required by                                                              
the Alaska State Constitution.  He  noted that Representative Ogan                                                              
had  correctly  indicated  that  only  in  certain  instances  are                                                              
dedications  permitted in the  state system.   However,  he added,                                                              
municipal systems are different in that respect.                                                                                
                                                                                                                                
REPRESENTATIVE  OGAN stated  that he thinks  the legislature  does                                                              
try to get around the dedicated fund  prohibition by simply adding                                                              
that  language.   He  reiterated  that by  reviewing  the list  of                                                              
things  that  are  appropriated  every  year,  it  is  clear  that                                                              
dedicated   funds  are   there   if  it   were   not  for   yearly                                                              
appropriations.                                                                                                                 
                                                                                                                                
Number 1372                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked how HB 137 would impact the PFD.                                                                  
                                                                                                                                
MR. BALDWIN replied that the PFD  is calculated based on a rolling                                                              
average so  any effect  would be  delayed by  the working  of that                                                              
formula.  He  said that the PF Corporation has  sought some relief                                                              
from the  legislature in  the way that  net income is  calculated.                                                              
He noted that the way net income  is calculated now, it would seem                                                              
that the  effect of HB  137 would not  be magnified.   However, HB
137 will have some effect, but it  will not be a sharp effect from                                                              
year to year.  Beyond that he cannot be specific.                                                                               
                                                                                                                                
CHAIR JAMES explained she had checked  what the effect would be on                                                              
the PFD.  She  indicated that the $71 million  subtracted from the                                                              
PF earnings  reserve would not be  earning money to  be calculated                                                              
in the five-year average upon which  the PFD calculation is based.                                                              
She agreed there  would be an effect upon the amount  of growth of                                                              
the PF after $71 million is withdrawn.   She acknowledged that the                                                              
income that  is produced off of  the earnings reserve is  a lesser                                                              
percentage generally than what is  in the PF itself because of the                                                              
restriction of  investment.  She  reminded the committee  that the                                                              
earnings  reserve has to  be available  for appropriation  whereas                                                              
funds in  the PF itself have  no restrictions and can  be invested                                                              
differently.  She explained that  an average eight percent income,                                                              
for example,   of the $71 million divided by  571,000 PFDs results                                                              
in about a  $4 reduction in growth  of the PFD.   Essentially, she                                                              
added, HB 137 has  such a minimal effect on the  PFD that it would                                                              
almost be negligible in the long term.                                                                                          
                                                                                                                                
Number 1607                                                                                                                     
                                                                                                                                
DAVID VEAZEY, Assembly Member, Fairbanks  North Star Borough, said                                                              
he was representing  the borough.   He noted he had  observed that                                                              
the assembly and  the legislature do not get along  very well.  He                                                              
explained  that  the legislature  in  many  ways gets  blamed  for                                                              
making cuts and does not get credit  for the money that is sent to                                                              
Fairbanks.  He commented that all  that Fairbanks has been getting                                                              
lately is  less of  expected money  and so  the legislature  is to                                                              
blame.   However, he  added, that is  unfortunate because  it does                                                              
not help  the assembly  get along  with the  legislature.   By the                                                              
same token, the assembly finds it  difficult to develop a positive                                                              
working relationship when conversations  the assembly has with the                                                              
legislature  mean nothing  in a  caucus.   He  indicated that  the                                                              
assembly is  out of the  [caucus] loop  which does not  engender a                                                              
positive  working relationship.    He  does not  know  how to  get                                                              
around that  because everybody  says that is  just how  things are                                                              
done.                                                                                                                           
                                                                                                                                
Number 1733                                                                                                                     
                                                                                                                                
MR. VEAZEY suggested that HB 137  is none of the above; rather, it                                                              
is truly  an incremental solution  to the long-range  fiscal plan.                                                              
He  remarked  that  he thinks  the  long-range  fiscal  plan  that                                                              
everybody talks about  is one of those things  where small "bites"                                                              
out of  the problem  are better than  one big legislative  effort.                                                              
If  an entity  tries  to take  a  big bite,  too  many people  are                                                              
opposed to  little things  in a piece  of legislation and  it goes                                                              
nowhere.   Therefore,  he does not  know how  a long-range  fiscal                                                              
plan  will work  or  how it  will  be put  together,  but he  does                                                              
believe  that incremental  change  is the  way  to go.   He  means                                                              
incremental  change  in  which  both  the  legislature  and  local                                                              
elected officials are working together in that solution.                                                                        
                                                                                                                                
MR. VEAZEY said  that HB 137 is the work of  municipalities of the                                                              
Alaska  Municipal  League  and  courageous   legislators  who  are                                                              
willing to step up and do something.   He hoped that HB 137 can be                                                              
moved out  of committee,  move it on  to Finance [Committee],  and                                                              
get it rolling.   He noted  that the committee would  find support                                                              
for HB  137 throughout  the state;  it is  really a local  control                                                              
issue.   He explained that  service areas  have gone from  $2000 a                                                              
mile down to $500 a mile, and HB  137 restores [road service] back                                                              
to $2000.   He  indicated that  service areas  are being  severely                                                              
damaged,  and  some   services  are  going  out   of  business  in                                                              
Fairbanks.   He emphasized  that he  really believes  HB 137  is a                                                              
positive  thing  and maybe  a  first  step  in developing  a  very                                                              
positive relationship  with local elected officials  and the state                                                              
legislature.                                                                                                                    
                                                                                                                                
Number 1793                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN said  that Mr.  Veazey's  comments were  well                                                              
taken.  He  noted that the problem  with HB 137 is another  use of                                                              
PF earnings which he does not think  the public is going to accept                                                              
until  there is  some sort  of constitutional  protection for  the                                                              
existing   PFD   program.   He    explained   that   [establishing                                                              
constitutional protection]  is the first  step.  Until  the public                                                              
trusts the legislature  to keep their hands off  the PFD, attempts                                                              
like HB  137 are futile  [in trying]  to utilize the  PF earnings.                                                              
He mentioned that  he thinks that it is appropriate  at some point                                                              
to use the PF earnings, but HB 137  is "the cart before the horse"                                                              
as far as public acceptance is concerned.                                                                                       
                                                                                                                                
Number 1859                                                                                                                     
                                                                                                                                
MR.  VEAZEY said  that he  and Representative  Ogan probably  come                                                              
from different philosophical  camps, but he can respect  that.  He                                                              
suggested  that  people  do  expect   the  government  to  use  PF                                                              
earnings, in  fact that is what it  was set up for.   He has three                                                              
properties in  Fairbanks, and he  pays property tax.   He receives                                                              
about $10,000 per  year from PFDs because he has  a wife and three                                                              
children.  He is not going to complain  about taxes being too high                                                              
[when  he  is  receiving  $10,000  free  money  each  year].    He                                                              
indicated that he thinks Alaska is  an investment state, and it is                                                              
time  to  tap  that resource  responsibly.    He  emphasized  that                                                              
handing out money  at a time when Alaska has a  huge fiscal gap is                                                              
lunacy, and he  thinks people in the state recognize  that, but if                                                              
the legislature takes money away  from the people, the people will                                                              
never like it.  Nevertheless, somebody  has to be brave and strong                                                              
at some point and take that risk.                                                                                               
                                                                                                                                
Number 1981                                                                                                                     
                                                                                                                                
JIM TURNER, Matanuska-Susitna  Borough, testified that  there have                                                              
been other schemes (better said "ideas")  for setting up dedicated                                                              
funds for  the PF.   He reminded  the committee  that a  couple of                                                              
years ago [a scheme] was called the  "educational permanent fund."                                                              
He can  understand some hesitancy  on the part of  the legislature                                                              
to  go forward  with  an idea  like  this at  this  time, but  the                                                              
problem needs to be solved.  He recognized  that municipalities in                                                              
the  last few  years  have  had a  70  percent decrease  from  the                                                              
legislature  in  municipal  sharing.     He  stated  whether  this                                                              
particular  solution   is  it,  whether  it  can  be   part  of  a                                                              
comprehensive plan  where other interests  of the state  are taken                                                              
into  consideration when  using the  PF,  is a  question that  the                                                              
legislature is going to have to decide.                                                                                         
                                                                                                                                
Number 2087                                                                                                                     
                                                                                                                                
MR. TURNER  stated  that he  did know  that when  he works on  the                                                              
borough budget  this spring, and  municipal sharing comes  in less                                                              
than  last year,  the  borough  is going  to  have  to either  cut                                                              
services or  raise taxes.   On a municipal  level, the  borough is                                                              
facing the property  tax cap, and he knows that one  of the things                                                              
that  fueled that  initiative  was  the idea  that  the state  was                                                              
increasing  taxes  surreptitiously  through  the localities.    In                                                              
other  words,   the  state  cut  funding  to   municipalities  and                                                              
municipalities raised taxes.  The  tax cap initiative is an effort                                                              
by some  people to stop  [surreptitious taxes],  and that  is what                                                              
these people  have said publicly.   Consequently, when  facing the                                                              
tax  cap initiative  next fall,  [keep  in mind  that] people  are                                                              
observing  what   individual  municipalities  have   done  to  the                                                              
people's taxes and  services, and he thinks that  people will vote                                                              
in favor  of the tax cap.   He explained  that he thinks  there is                                                              
some culpability on the part of the  legislature regarding the tax                                                              
cap  initiative, therefore,  constructive  solutions and  dialogue                                                              
should go forward, and HB 137 could  be part of it.  He wanted the                                                              
committee to be  aware of the connection that he  sees and that he                                                              
thinks the voters  will see when they have to  consider what needs                                                              
to be done.                                                                                                                     
                                                                                                                                
Number 2170                                                                                                                     
                                                                                                                                
CHAIR JAMES said  she had heard from Matanuska-Susitna  folks that                                                              
they did support the concept of HB 137.                                                                                         
                                                                                                                                
LEO RASMUSSEN, Mayor,  City of Nome, testified, noting  that he is                                                              
a member of the  Alaska Municipal League.  He said  that over time                                                              
the legislature  and municipal  governments  have tended  to agree                                                              
that  a  partnership is  advisable  in  order  to move  the  state                                                              
forward wherever that might be.   He noted that HB 137 might begin                                                              
to  reinstate  some  partnership.    He wanted  to  offer  to  the                                                              
committee  the  opportunity  to  reinstate  partnership  with  the                                                              
Alaska  Municipal   League  (AML),   which  represents   200  some                                                              
municipal  governments  that  fall   under  AML  jurisdiction  and                                                              
underneath  legislative  authority.    By  working  together,  the                                                              
Alaska  Municipal League  and  the legislature  can  come up  with                                                              
something   that  will  benefit   everybody  in   the  end.     He                                                              
acknowledged  that both  entities  are facing  a  tax cap  because                                                              
neither entity  has been  working together very  much, and  it has                                                              
forced  the situation  to this point  [of a  tax cap  initiative].                                                              
Municipal assistance and state-shared  revenue reached its peak at                                                              
$166 million  and now  municipalities are  looking at $28  million                                                              
with an 11 percent  cut this year, which represents  an 84 percent                                                              
reduction.   He reminded the  committee that if  every institution                                                              
in the state had taken that same  reduction, there would have been                                                              
"an awful  gob" of money to  spend on developing other  sources of                                                              
revenue  which is  not happening  currently.   He recognized  that                                                              
municipalities are  faced with a  situation where they  must raise                                                              
revenue because  municipalities and the legislature  are no longer                                                              
partners.                                                                                                                       
                                                                                                                                
MR. RASMUSSEN  reiterated that municipalities  face a tax  cap now                                                              
which is  going to force an  even further situation  of embroiling                                                              
the  legislature in  redistribution of  the total  wealth of  this                                                              
state to  accommodate something  that is  not really needed  since                                                              
[tax cap] is  a local option at  this time.  He noted  that if the                                                              
tax cap takes place, a whole restructuring  of the way people live                                                              
in Alaska  will occur to make  sure that they fall  underneath the                                                              
two  percent  clause.   There  will  be  very little  exchange  of                                                              
property  because the  minute  a title  changes  on property,  the                                                              
property  goes back  to  full value.   Another  redistribution  of                                                              
wealth  will happen  in trying to  accommodate  or trying to  stop                                                              
[return to full value].  He mentioned  that because of fall off of                                                              
revenue, especially  in the Bush, disillusionment  with government                                                              
is observable.   It is not  unrealistic to think  that dissolution                                                              
could be considered for Douglas or  Eagle River so that they would                                                              
not have  to fall under certain  terms that come with  the ten-mil                                                              
tax  cap, and  they would  play a  different game.   He  indicated                                                              
maybe  they [Douglas,  Eagle River,  etc.] could  become a  profit                                                              
corporate    entity    which   would    fall    totally    outside                                                              
[municipalities'  tax  authorization  reach],  and  municipalities                                                              
would still  have to face  the issue  of servicing things  for the                                                              
unincorporated city  because [the unincorporated cities]  would no                                                              
longer fall within a legitimate government.                                                                                     
                                                                                                                                
Number 2381                                                                                                                     
                                                                                                                                
MR. RASMUSSEN  said it  is ridiculous  that municipalities  are at                                                              
this  point   because  had  municipalities  and   the  legislature                                                              
partnered, there  would be  no issue of  whether HB 137  passes or                                                              
not.   He  agreed that  HB 137  would bring  some stability  back,                                                              
which  would  stop  the disillusionment  with  government  in  the                                                              
state.   He emphasized that some  time ago municipalities  and the                                                              
legislature  could have moved  with a  stable platform  of funding                                                              
the partnership.    He is 100  percent  for HB 137,  he said,  and                                                              
thinks  that HB  411  finally is  beginning  to set  a  plan.   He                                                              
remarked that the  last plan was the PF, and the  state has had no                                                              
plan since then,  though there have been attempts,  but no one has                                                              
had the "guts" to  stand up and say "do something  if we are going                                                              
to move into  the future."  He  hesitates to say that  Nome may go                                                              
back to the  "honey bucket," but  the final call, if  no decisions                                                              
are made soon, is  that Nome residents will have  a PFD check, and                                                              
they will  be using a  "honey bucket" all  over again.   He stated                                                              
that  he  came basically  to  speak  in  favor  of the  fact  that                                                              
municipalities  and the  legislature are  finally beginning  to do                                                              
something with HB 137.                                                                                                          
                                                                                                                                
Number 2479                                                                                                                     
                                                                                                                                
HENRY  GUINOTTE,   Mayor,  City  of   Palmer,  said  he'd   had  a                                                              
conversation  with Rick  Mystrom [Mayor  of Anchorage,] who  could                                                              
not be here today,  and that Mr. Mystrom would like  to hang out a                                                              
"carrot."   Mr. Guinotte noted that  revenue sharing in  the House                                                              
side, at least, has been cut by 10  percent again, which is better                                                              
than being cut by 30 percent.  Mr.  Guinotte quoted Mr. Mystrom as                                                              
saying that  regarding the "carrot,"  should the  legislature take                                                              
some action  to restore funding to  the municipalities at  the end                                                              
of this  session, he would  send a note  out to every  taxpayer in                                                              
Anchorage saying,  "The legislature has responded to  the needs of                                                              
the borough, and  I foresee no reason to increase  taxes, possibly                                                              
a very  slight decrease  in taxes."   Mr.  Guinotte said  that Mr.                                                              
Mystrom had  told him that Mr. Mystrom  would like to send  such a                                                              
postcard out  because he  would like  to support his  legislators.                                                              
Mr. Guinotte commented  he had talked with Darcie  Salmon from the                                                              
Matanuska-Susitna  Borough and  Mr. Salmon  said he  would do  the                                                              
same thing [as Mr. Mystrom].                                                                                                    
                                                                                                                                
MR.  GUINOTTE  mentioned  that HB  137  would  be  a good  way  of                                                              
responding   to  the   needs   of  communities.      He  is   from                                                              
Representative Ogan's district, but  Mr. Guinotte does not believe                                                              
that  everyone in  his  district distrusts  the  legislature.   He                                                              
acknowledged that there  are some people who distrust  any form of                                                              
government, but  he thinks  that if people  can recognize  how the                                                              
money  is being  used,  they will  not object.    He reminded  the                                                              
committee that it  has HB 137 before it that  designates how money                                                              
from the state will be used.  He  said that Palmer needed money to                                                              
upgrade its  wastewater treatment system,  the assembly put  it to                                                              
the voters, and a 75 percent "yes"  vote was submitted because the                                                              
people trust  their assembly.  He  stated that if  the legislature                                                              
will  release to  municipalities,  through HB  137  or however  it                                                              
comes   eventually,    municipalities   would   use    the   money                                                              
appropriately  and  would  be  able to  give  better  services  in                                                              
Palmer; while  at the same time,  the legislature would  be heroes                                                              
in the eyes of the people of the Mat-Su Borough.                                                                                
                                                                                                                                
MR. GUINOTTE  said that he wished  that the State of  Alaska would                                                              
get to the  point where the  legislature would make the  rules and                                                              
the government  in this  state would not  be run by  initiative or                                                              
referendum.   He  commented that he would like to  hope that trust                                                              
can  be  built  with the  legislature  so  these  initiatives  and                                                              
referendums will not  have to appear on the ballot.   He explained                                                              
that "decently and in order" means  that the legislature makes the                                                              
rules since  state government is  not a pure democracy,  rather it                                                              
is  a  republic   where  elected  people  are   supposed  to  make                                                              
decisions.   He will support the  legislature all the way,  and he                                                              
has spoken  heavily against the ten-mil  cap, even though  it does                                                              
not affect  the city of Palmer.   Palmer is a town of  about 4,800                                                              
people,  and its  income  comes from  sales  tax.   He added  that                                                              
Palmer has only  a moderate property tax, but he  can see economic                                                              
chaos for  his borough and  for the entire  state [because  of the                                                              
tax cap].  He  asked the committee to give some  support for local                                                              
government so  that it can even  more strongly oppose  the ten-mil                                                              
cap.  He  reminded the committee  that he would like to  hold them                                                              
up as heroes when he gets back home.                                                                                            
                                                                                                                                
Number 2695                                                                                                                     
                                                                                                                                
CHAIR JAMES  said she has  talked to  people around the  state and                                                              
one of the things that people did  say was that they did not trust                                                              
the legislature  with a big pot of  PF money.  She noted  that she                                                              
believes  HB 137  would  meet most  people's  concerns about  this                                                              
because  the money HB  137 takes  is identified,  and people  know                                                              
where it  is going to be  spent.  She  explained that HB 137  is a                                                              
good step  in the right  direction.  She  had also found  out that                                                              
there are people  out there who do not want one  cent taken out of                                                              
their existing  PFD.   There are  also some  people out  there who                                                              
want taxes  instead of taking the  PFD, and there are  some people                                                              
who do  not want either  taxes or discontinuance  of the PFD.   In                                                              
general the problem  is that people did not like  the plan because                                                              
the plan balanced the fiscal problem  with PF earnings and nothing                                                              
else.   As an accountant,  she can tell  the committee  that right                                                              
now  the legislature  could not  close  the fiscal  gap enough  by                                                              
taxation, and  there will not be  enough money in the  PF earnings                                                              
reserve to  fill the gap if the  legislature does not get  an idea                                                              
of what it is going to spend.  She  emphasized that the government                                                              
that is  closest to  the people  is the  best government,  and the                                                              
more  the legislature  can  get done  on  the  municipal level  as                                                              
opposed  to  the state  level  is  better  for  the people.    She                                                              
acknowledged  that  is  her  conservative  view, and  one  of  the                                                              
reasons why she strongly supports HB 137.                                                                                       
                                                                                                                                
Number 2784                                                                                                                     
                                                                                                                                
MR. GUINOTTE  asked the committee  to tweak HB  137 so that  it is                                                              
constitutionally acceptable.                                                                                                    
                                                                                                                                
REPRESENTATIVE GREEN  asked if Mr. Guinotte felt  that citizens in                                                              
his community really got involved.                                                                                              
                                                                                                                                
MR. GUINOTTE replied that he knows  that people want services such                                                              
as roads, better  police protection, and good  fire protection and                                                              
EMS.   He has  heard that the  legislature was  sent to  Juneau to                                                              
cut, but when somebody says that  to him, he asks that person "how                                                              
much road service  do you want to cut?"  He noted  that the people                                                              
in the  city of Palmer  have confidence  in their government.   As                                                              
mayor,  he makes  sure  that he  never  pushes the  truth.   As  a                                                              
result, [the  people] have a great  trust for the  city government                                                              
in Palmer.   He guaranteed  that if the  legislature will  give HB
137 money to [Palmer],  it will be used as outlined  in HB 137 and                                                              
no other way.  He also guaranteed  that the people will not object                                                              
if they  see better police  service and more  roads.  Many  of the                                                              
people in  Palmer are retired,  and they would  be happy to  see a                                                              
little  of the  PF be  used for  HB 137  so long  as the  dividend                                                              
remains in  place.  He  mentioned that many  of them had  told him                                                              
that they  would be happy  with a PF cap  at $1500, but  he cannot                                                              
speak for everybody.                                                                                                            
                                                                                                                                
Number 2899                                                                                                                     
                                                                                                                                
DARIO NOTTI, City  Council Member, City of Bethel,  said that when                                                              
he comes  back from  fishing and  leaves the  fish uncovered,  the                                                              
seagulls  start  flocking  around,  and  they think  the  fish  is                                                              
theirs, but it is  still his fish.  He noted that  it is time that                                                              
the legislature  hauls in  some of those  "fish" and  starts using                                                              
them.  He said that it is time for  the legislature to start using                                                              
some of the PF.   He commented that he had voted  against the [use                                                              
of PF earnings] in the [September  14, 1999 initiative] because he                                                              
thinks  it  is  time  to  tax  the  people.    He  mentioned  that                                                              
municipalities are  "children" of the  legislature and need  to be                                                              
fed and encouraged.                                                                                                             
                                                                                                                                
TAPE 00-23, SIDE B                                                                                                              
Number 2992                                                                                                                     
                                                                                                                                
DAN KELLY, Assemblyman,  Matanuska-Susitna Borough,  said that his                                                              
borough  has a  large  group of  individuals  who certainly  voted                                                              
against  attacking the  PF  in any  form.   There  are many  wise,                                                              
intelligent people in the [Mat-Su]  valley who are concerned about                                                              
the state of the  state, and he believes that all  should be aware                                                              
of what HB 137 offers the people.   He commented that he thinks HB
137 is a good  document, and it should succeed, but  he also needs                                                              
to  advise the  committee that  those who  do not  want their  PFD                                                              
attacked in  any way, shape or form  need to be given  a chance to                                                              
say so.   He mentioned that HB  137, or some form of  it, actually                                                              
ought to  go before  voters for  approval so  that voters  can say                                                              
what they really want.  He agreed [that idea] was a big bite.                                                                   
                                                                                                                                
MR. KELLY indicated that there are  some problems in HB 137 and he                                                              
referred to page 7, section 29.60.720.   He informed the committee                                                              
that he had much experience with  the Department of Transportation                                                              
and Public  Facilities (DOT&PF)  since he was  an employee  for 26                                                              
years, therefore,  he is  sensitive to DOT&PF  issues.   He quoted                                                              
from  section 29.60.720(a)  as  follows:   "Road  maintenance  and                                                              
driver  usage entitlements.   ...the  department shall  distribute                                                              
road maintenance  entitlements  to municipalities  to be  used for                                                              
road maintenance."  He emphasized  that when he first read that he                                                              
thought maybe that  was where DOT&PF was coming from  when they go                                                              
back to  the municipalities and want  the municipality to  pick up                                                              
maintenance of roads,  including some of the projects  that are on                                                              
state  roads.   On the  bottom of  the same  paragraph he  quoted:                                                              
"excluding  ... as  defined by  regulations of  the Department  of                                                              
Transportation  and Public  Facilities."   In other  words, it  is                                                              
clear here that  HB 137 is saying that maintenance  money does not                                                              
apply to state  highway roads.  He  asked why is DOT&PF  coming to                                                              
the  municipalities   and  asking  municipalities   to  take  over                                                              
maintenance  of state projects.   He  reminded the committee  that                                                              
his question is just an example of  [road maintenance] needs.  For                                                              
instance,  the Parks  and Glenn  Highways  intersection across  to                                                              
Knik  Arm   needed  lighting   along  the  road.     It   was  his                                                              
understanding that  the state would not [install  lighting] unless                                                              
the  municipality   picked  up  maintenance  [of   the  lighting].                                                              
Consequently,  there  is  a  conflict   in  ideology,  and  he  is                                                              
concerned about that part of HB 137.                                                                                            
                                                                                                                                
MR. KELLY  reiterated that  he thinks that  HB 137 is  a wonderful                                                              
document and is  on the right track.  He will  support HB 137, and                                                              
he  will  encourage  his  constituents  to  support  it  as  well.                                                              
Nevertheless,  HB 137 needs  to be put  before the voters  to give                                                              
them an  opportunity to speak because  [voters] really do  want to                                                              
be aware of  where their state is  going and what is  happening to                                                              
their PFD.                                                                                                                      
                                                                                                                                
Number 2760                                                                                                                     
                                                                                                                                
CHAIR JAMES acknowledged that for  quite some time DOT&PF has been                                                              
wanting municipalities to care for  roads.  Because Alaska is such                                                              
a large  state, managing  all of  the things  from Juneau  is very                                                              
expensive.    She  noted  that  the   cost  or  benefits  are  not                                                              
necessarily  felt by  people out  in  the districts.   Not  having                                                              
roads  plowed, having  potholes in  the  roads, and  all of  those                                                              
kinds of things  are very difficult to service because  at a state                                                              
level, the legislature  has to get the votes of  every district in                                                              
the state  before anything [money] can  be sent out there  [to the                                                              
people].    She personally  believes that  services would  be less                                                              
expensive and  more responsive  to the  public if administered  by                                                              
municipalities,  provided they are  given funds  to do  their job.                                                              
She envisioned taking a pot of money  from DOT&PF and giving it to                                                              
municipalities  so that  municipalities  can  do road  maintenance                                                              
that DOT&PF  used to do.   Her idea  will not sell  overnight, but                                                              
she thinks that if municipal officials  will talk with their folks                                                              
back home,  it might  be a possibility  in the  future.   She said                                                              
that DOT&PF  is working on that  issue, and she supports  it, even                                                              
though  she knows it  will take  a long  time to  get there.   She                                                              
noted  that at  least the  idea needs  to  be discussed  now as  a                                                              
potential.    Such an  idea  is not  going  to  be taken  on  with                                                              
existing  funds, but  it  would be  taken  on  if the  legislature                                                              
provided money to municipalities.                                                                                               
                                                                                                                                
CHAIR JAMES  noted that the other  issue is that HB 137  only goes                                                              
to service  areas.   For example,  if a town  does not  have power                                                              
over the  roads in its  borough, then money  under HB 137  goes to                                                              
service areas to  take care of roads that are  already being cared                                                              
for.  [HB 137 was heard and held.]                                                                                              

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