Legislature(2003 - 2004)

03/31/2004 09:05 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE JOINT RESOLUTION NO. 3(JUD)                                                                                  
     Proposing an amendment to the Constitution of the State of                                                                 
     Alaska relating to an appropriation limit and a spending                                                                   
     limit.                                                                                                                     
                                                                                                                                
                                                                                                                                
This  was the  seventh hearing  for this  resolution  in the  Senate                                                            
Finance Committee.                                                                                                              
                                                                                                                                
Senator Dyson  outlined Amendment #5 and Amendment  #6. He explained                                                            
that   Amendment   #5   would   repeal   the  appropriation    limit                                                            
constitutional  amendment in four years and that legislative  action                                                            
and voter approval  would be required to reenact the  provisions. By                                                            
contrast,  he  stated  that  Amendment  #6  would  also  repeal  the                                                            
language  adopted by  this  resolution, but  provides  that in  four                                                            
years  the  Constitution  would  revert   to  the current   language                                                            
providing for  an appropriation limit,  which he noted is  no longer                                                            
valid,  and that  the existing  stipulation  that  one-third of  all                                                            
appropriations must be for capital projects, would be reenacted.                                                                
                                                                                                                                
Amendment #5:  This amendment deletes "Reconsideration"  and inserts                                                            
"Repeal"  on page 3,  line 7,  deletes "and  applies thereafter"  on                                                            
line 9, and replaces  the language of Section 30(b)  in Section 3 on                                                            
lines 12-17  of the committee substitute,  Version "B". The  amended                                                            
language reads as follows.                                                                                                      
                                                                                                                                
     Sec. 3. Article XV, Constitution of the State of Alaska, is                                                                
     amended by adding a new section to read:                                                                                   
                Section 30. Application and Repeal. The 2004                                                                    
          amendment  relating  to an appropriation  limit (art.  IX,                                                            
          sec.  16) first applies to appropriations  made for fiscal                                                            
          year  2006. The 2004 amendment relating to deposits to the                                                            
          budget  reserve fund (art.  IX, sec. 17(d)) first  applies                                                            
          at   the  end  of  the   fiscal  year  2005  and   applies                                                            
          thereafter.                                                                                                           
                (b) Section 16 of Article IX (appropriation limit)                                                              
          is repealed on July 1, 2009.                                                                                          
                                                                                                                                
Senator Dyson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken  objected to allow  the Committee an opportunity  to                                                            
comment. There were no comments and he removed his objection.                                                                   
                                                                                                                                
The amendment was ADOPTED without objection.                                                                                    
                                                                                                                                
Amendment #6:  This amendment deletes "Reconsideration"  and inserts                                                            
"Repeal"  on page 3,  line 7,  deletes "and  applies thereafter"  on                                                            
line 9, and replaces  the language of Section 30(b)  in Section 3 on                                                            
lines 12-17  of the committee substitute,  Version "B". The  amended                                                            
language reads as follows.                                                                                                      
                                                                                                                                
     Sec. 3. Article XV, Constitution of the State of Alaska, is                                                                
     amended by adding a new section to read:                                                                                   
                Section 30. Application and Repeal. The 2004                                                                    
          amendment  relating  to an appropriation  limit (art.  IX,                                                            
          sec.  16) first applies to appropriations  made for fiscal                                                            
          year  2006. The 2004 amendment relating to deposits to the                                                            
          budget  reserve fund (art.  IX, sec. 17(d)) first  applies                                                            
          at   the  end  of  the   fiscal  year  2005  and   applies                                                            
          thereafter.                                                                                                           
                (b) On July 1, 2009, Section 16 of Article IX                                                                   
          (appropriation  limit)  is  repealed and  readopted as  it                                                            
          read on January 1, 2003.                                                                                              
                                                                                                                                
This amendment was NOT OFFERED.                                                                                                 
                                                                                                                                
AT EASE 9:39 AM / 9:40 AM                                                                                                       
                                                                                                                                
Amendment #7:  This amendment adds  "and except as provided  in (d),                                                            
(e),  and (f) of  this section"  to  subsection (a)  of Article  IX,                                                            
Section 16 of the Constitution  of the State of Alaska, repealed and                                                            
readopted by Section 1  of the committee substitute Version "B". The                                                            
amended language on page 1, lines 6 - 9 read as follows.                                                                        
                                                                                                                                
          Section 16. Appropriation Limit. (a) Subject to (b) of                                                                
     this section,  and except as  provided in (d), (e),  and (f) of                                                            
     this  section, appropriations  made for  a current fiscal  year                                                            
     shall  not  exceed  the average  amount  appropriated  for  the                                                            
     earliest  three of the four fiscal years immediately  preceding                                                            
     that  current   fiscal  year  by  more  than  the  sum  of  the                                                            
     following:                                                                                                                 
     …                                                                                                                          
                                                                                                                                
This amendment also replaces subsection (d) with new language, on                                                               
page 2, lines 23 - 29 to read as follows.                                                                                       
                                                                                                                                
          (d) An appropriation that exceeds the appropriation limit                                                             
     under  this  section   may  be  made  for  any  public  purpose                                                            
     identified in a declaration  of emergency that is issued by the                                                            
     governor as prescribed by law.                                                                                             
          (e) If the governor declares that an extraordinary                                                                    
     circumstance  exists,  upon the  affirmation vote  of at  least                                                            
     two-thirds  of the members of  each house, the legislature  may                                                            
     pass  an appropriation  that  exceeds the  appropriation  limit                                                            
     under this  section to address the extraordinary  circumstance.                                                            
     The  declaration  shall  identify  the specific  extraordinary                                                             
     circumstance,  specify  the amount  of each  appropriation  the                                                            
     governor  requests, and identify  the time period during  which                                                            
     expenditures under each appropriation will be made.                                                                        
          (f) If the legislature, by law, declares that an                                                                      
     extraordinary  circumstance exists,  upon the affirmative  vote                                                            
     of  at least  two-thirds  of  the members  of each  house,  the                                                            
     legislature   may  pass  an  appropriation  that   exceeds  the                                                            
     appropriation   limit  under   this  section  to  address   the                                                            
     extraordinary   circumstance.  Notwithstanding  Section  17  of                                                            
     Article  II, a  bill declaring  an  extraordinary circumstance                                                             
     passed by  the legislature may not become law  unless signed by                                                            
     the governor.                                                                                                              
                                                                                                                                
Senator Dyson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken objected for an explanation.                                                                                    
                                                                                                                                
LUCKY SCHULTZ,  Staff to Senator Dyson,  testified that contrary  to                                                            
the provisions  in  the original  version of  this resolution,  this                                                            
amendment would  provide a legislature  to declare an extraordinary                                                             
circumstance.                                                                                                                   
                                                                                                                                
Co-Chair Wilken gave an example of $100 million Medicaid                                                                        
expenditures as an extraordinary circumstance and asked the process                                                             
to exceed  the spending  limit and appropriate  funding for  unusual                                                            
expenses.                                                                                                                       
                                                                                                                                
Mr. Schultz  explained  that a  two-thirds majority  of both  houses                                                            
must approve  such a declaration  in the  form of an appropriations                                                             
bill. He noted  that unlike regular  legislation, the governor  must                                                            
either veto  a declaration  of extraordinary  circumstances  bill or                                                            
sign it into law,  as it could not become law without  gubernatorial                                                            
action.                                                                                                                         
                                                                                                                                
Senator  Hoffman   furthered  that   if  the  governor  vetoed   the                                                            
appropriation  bill or utilized line-item  veto authority  to reduce                                                            
expenditures, a three-quarters  vote of both house would be required                                                            
to override the governor's action.                                                                                              
                                                                                                                                
Co-Chair Wilken stated  that the legislation would be addressed as a                                                            
normal appropriation bill  with the exception of the three-quarters,                                                            
or super majority, vote requirement.                                                                                            
                                                                                                                                
Co-Chair Green  cautioned that this  legislation would create  a new                                                            
"class" that would subsequently  allow the legislature to declare an                                                            
extraordinary  circumstance and is therefore "treading  on dangerous                                                            
ground".  She  relayed  five or  six  examples  have been  posed  as                                                            
situations    that   could   be    constituted   as   extraordinary                                                             
circumstances.   She   did  not   consider   Medicaid  expenditures                                                             
extraordinary.  She was reminded of the legislature's  difficulty in                                                            
changing the definition  of "disaster" in legislation  considered in                                                            
a  previous  session.   She  warned  against  not  clearly  defining                                                            
"extraordinary circumstances".                                                                                                  
                                                                                                                                
Senator Dyson  appreciated Co-Chair  Green remarks, sharing  that he                                                            
has  "struggled"  to anticipate  the  situations  that  could  arise                                                            
necessitating  additional funding  than stipulated  by the  spending                                                            
limit. He decided  against changing  the definition of "emergency",                                                             
opting   instead  that   the  governor   should   address   disaster                                                            
declarations as  currently provided. He noted this  is the reason to                                                            
require   a   super   majority   legislative    vote   to   increase                                                            
appropriations.  He informed that the state of Connecticut  has this                                                            
provision  in  its  spending  limit  constitutional   amendment.  He                                                            
qualified that he inadvertently  gave incorrect information relating                                                            
to the system implemented in Connecticut.                                                                                       
                                                                                                                                
Mr. Schultz  corrected comments  made at  the previous hearing  that                                                            
the extraordinary  circumstances provision  has not been  invoked in                                                            
the state of  Connecticut. He stated  that the governor has  invoked                                                            
the provision  four times when excess revenues were  appropriated to                                                            
pay off debt incurred in previous years.                                                                                        
                                                                                                                                
Senator Hoffman  asked if extraordinary expenses could  be contained                                                            
in the  normal operating  budget legislation  with some sections  of                                                            
the bill  requiring  a three-quarter  vote, similar  to the  current                                                            
system in which  a three-quarter vote is required  for some sections                                                            
of the  operation  budget legislation  to  authorize appropriations                                                             
from the Constitutional Budget Reserve (CBR) fund.                                                                              
                                                                                                                                
Senator Bunde  commented that Co-Chair Green's concerns  were valid.                                                            
He reminded that the "genius"  of the Alaska Constitution is that it                                                            
did not stipulate  specifics, but  instead provided flexibility  for                                                            
future  legislatures.  Although  he  opposed  a  "loophole"  he  was                                                            
assured  that  the  powers  provided  in  this  amendment  would  be                                                            
limited, and stressed that  future legislatures should be granted as                                                            
least as much confidence as current legislatures are provided.                                                                  
                                                                                                                                
Co-Chair  Green  wanted  the  Committee  to  avoid  unintentionally                                                             
defining extraordinary  circumstances in the various  examples given                                                            
during these discussions.                                                                                                       
                                                                                                                                
Co-Chair  Wilken shared  this concern,  and questioned  whether  the                                                            
stipulation  of a two-thirds  majority vote  itself could provide  a                                                            
threshold of an extraordinary circumstance.                                                                                     
                                                                                                                                
Senator  Bunde agreed  with Co-Chair  Green that  the record  should                                                            
reflect that  the examples  used in discussions  on this  resolution                                                            
are  not indications  that  the  current  Senate  Finance  Committee                                                            
considers them to be extraordinary  circumstances. He explained that                                                            
the use  of certain examples  should not  establish a precedence  of                                                            
factors constituting an extraordinary circumstance.                                                                             
                                                                                                                                
Senator  Dyson surmised  that  the provisions  of  an extraordinary                                                             
circumstance could be defined  in statute by either the current or a                                                            
future legislature.                                                                                                             
                                                                                                                                
Co-Chair Wilken  suggested this could be considered  as a conceptual                                                            
amendment.                                                                                                                      
                                                                                                                                
Senator  Dyson affirmed  this  is an option,  but  he preferred  the                                                            
Committee adopt the current language proposed in the amendment.                                                                 
                                                                                                                                
Co-Chair  Wilken  removed  his  objection  to the  adoption  of  the                                                            
amendment and Amendment #7 was ADOPTED.                                                                                         
                                                                                                                                
                                                                                                                                
SFC 04 # 64, Side B 09:52 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Amendment #8:  This amendment adds  a new subsection to Article  IX,                                                            
Section 16 (c)  in Section 1 of the committee substitute  on page 2,                                                            
following line 21 to read as follows.                                                                                           
                                                                                                                                
                (9) of money previously appropriated for a different                                                            
     purpose or to a different recipient; and                                                                                   
                                                                                                                                
Senator Dyson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken objected for discussion purposes.                                                                               
                                                                                                                                
Senator  Dyson  informed  that  this amendment  is  offered  at  the                                                            
request of the  Murkowski Administration and would  clarify language                                                            
relating to duplicate payments.                                                                                                 
                                                                                                                                
BRUCE TANGEMAN,  Fiscal  Analyst, Division  of Legislative  Finance,                                                            
testified that the current  language refers to interagency receipts,                                                            
and defined  this as general  funds appropriated  to one agency  and                                                            
authority to receive  those funds from that agency  is authorized to                                                            
another  agency. He  stated the  intent is that  these transactions                                                             
should  not  be  counted  twice.  The  amendment,  he  noted,  would                                                            
incorporate interagency  receipts as well as other  funding sources.                                                            
                                                                                                                                
Senator   Dyson   characterized   these   transactions   as   almost                                                            
intergovernmental  transfers  that therefore  should not be  counted                                                            
twice.                                                                                                                          
                                                                                                                                
Mr. Tangeman affirmed.                                                                                                          
                                                                                                                                
Co-Chair  Wilken  removed  his  objection   and  the  amendment  was                                                            
ADOPTED.                                                                                                                        
                                                                                                                                
Amendment #9:  This amendment inserts  "Transition" in the  title of                                                            
Section 30  of Article XV of the Alaska  Constitution, in  Section 3                                                            
of the committee  substitute. This  amendment also inserts  language                                                            
in  subsection  (a) of  Section  30 on  page  3, line  9,  following                                                            
"thereafter",  and places the remaining  language of subsection  (a)                                                            
into a new subsection.  The amended language of Section  30, on page                                                            
3, following line 6 reads as follows.                                                                                           
                                                                                                                                
          Section 30. Application, Transition, and Reconsideration.                                                             
     (a)  The 2004  amendment  relating  to an  appropriation  limit                                                            
     (art.  IX, sec. 16)  first applies to  appropriations  made for                                                            
     fiscal year 2006 and  applies thereafter. However, for purposes                                                            
     of  making  calculations  under  the  appropriation  limit  for                                                            
     fiscal  years  2006 through  2008  it  shall be  assumed  that,                                                            
     excluding  appropriations   listed  under  Section  16  (c)  of                                                            
     Article IX, the amount appropriated for                                                                                    
                (1) fiscal year 2004 equals $3,300,000,000; and                                                                 
                (2) fiscal year 2005 equals $3,400,000,000.                                                                     
          (b) The 2004 amendment relating to deposits to the budget                                                             
     reserve fund (art.  IX, sec. 17(d)) first applies at the end of                                                            
     fiscal year 2005 and applies thereafter.                                                                                   
          (c) If the 2004 amendment relating to an appropriation                                                                
     limit  (art. IX, sec. 16) is  adopted, the lieutenant  governor                                                            
     shall  place the  same 2004  proposition for  amendment on  the                                                            
     ballot every four  years. However, notwithstanding Section 1 of                                                            
     Article XIII, if the  voters reject the proposition, Section 16                                                            
     of  Article IX  shall be  readopted as  it read  on January  1,                                                            
     2003,  and the lieutenant  governor shall  not again place  the                                                            
     2004 proposition on the ballot under this subsection.                                                                      
                                                                                                                                
Senator Dyson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken objected for discussion purposes.                                                                               
                                                                                                                                
Senator  Dyson  remarked  this  amendment   would  address  "what  I                                                            
inappropriately" termed  as "fiddling with the base numbers in order                                                            
to get the  results we wanted." He  predicted that the final  budget                                                            
for FY 04 and the amount  approved would likely reduce the amount of                                                            
adjustments  necessary. He  explained this  amendment would  "smooth                                                            
the curve and  eliminate the flat  first two or three years  because                                                            
of the budget reductions  that were done." He relayed this amendment                                                            
is the request of the Murkowski  Administration to allow flexibility                                                            
for the  first years this  spending limit is  in place and  to allow                                                            
for reasonable growth from inflation and population.                                                                            
                                                                                                                                
Mr. Schultz  furthered that the other  states with tax and  spending                                                            
limits,  that  have  allowed  "the   number  to  go  negative"  have                                                            
experienced  economic distress.  Therefore, the  advice has  been to                                                            
never  allow the  "numbers to  go negative"  as  it would  adversely                                                            
impact  the   economy  of  the  State.   Instead,  he  relayed   the                                                            
recommendation that in  years that would otherwise by "negative" the                                                            
"numbers" should be held  at the same level as the previous year. He                                                            
predicted that  Alaska would incur several years of  level spending.                                                            
He referenced  the graph accompanying  the amendment [copy  on file]                                                            
to demonstrate this point.                                                                                                      
                                                                                                                                
Co-Chair Wilken  asked for clarification  of the information  on the                                                            
graph.                                                                                                                          
                                                                                                                                
Mr.  Schultz further  detailed  and  explained the  spreadsheet  and                                                            
graph.                                                                                                                          
                                                                                                                                
Senator Hoffman understood  from discussions at the previous hearing                                                            
on this resolution that  the spending limit would include a two-year                                                            
transition period.                                                                                                              
                                                                                                                                
Mr. Schultz replied that  the purpose of this amendment is to adjust                                                            
the base year and is in  response to a request by the Administration                                                            
citing that $50 million would not be sufficient.                                                                                
                                                                                                                                
Co-Chair  Wilken  asked how  the  provisions  of Amendment  #10  are                                                            
reflected in the data shown on the graph.                                                                                       
                                                                                                                                
Senator Hoffman recalled  two-year growth as adjusted base years. He                                                            
had understood  that the  amounts were  "ratcheting down",  although                                                            
the amendment shows that amounts are the same.                                                                                  
                                                                                                                                
Mr. Schultz clarified the  earlier discussion regarding the two-year                                                            
growth period  would be addressed in Amendment #10.  Amendment #9 he                                                            
stated, adjusts the base year amount.                                                                                           
                                                                                                                                
Senator  Dyson appreciated  Senator Hoffman's  observation.  Senator                                                            
Dyson stated  that this  adjustment  to the base  year amount  would                                                            
provide  the Administration  with  the  flexibility  for "what  they                                                            
believe  to  be reasonable   budget growth".  He  informed  the  two                                                            
amendments would accomplish the Administration's goals.                                                                         
                                                                                                                                
Co-Chair  Wilken  withdrew  his objection  to  the adoption  of  the                                                            
amendment and Amendment #9 was ADOPTED.                                                                                         
                                                                                                                                
Amendment  #10: This  amendment  deletes  language  and inserts  new                                                            
language in subsections  (1) and (2) of Article IX, Section 16(a) in                                                            
Section  1 of  the  committee  substitute.  Deleted language  is  as                                                            
follows:  page 1,  line  10, "average  annual";  line  12, "for  the                                                            
second,  third and  fourth";  line 14,  "average  percentage of  the                                                            
change in the average personal  income of State residents for"; line                                                            
15, "third, and  fourth"; page 2, line 1, "average  annual"; line 2,                                                            
"for the second,  third, and fourth".  The amended language  on page                                                            
1, following line 5, reads as follows.                                                                                          
                                                                                                                                
                (1) the percentage rate of change in the Consumer                                                               
     Price  Index   for  all  urban  consumers  for  the   Anchorage                                                            
     metropolitan  area  complied  by a  federal agency  during  the                                                            
     second  and third calendar  years preceding  the calendar  year                                                            
     during which  the immediately preceding fiscal  year began, but                                                            
     not  to exceed  the  percentage  change in  personal income  of                                                            
     State  residents during  the  second and  third calendar  years                                                            
     preceding  the  calendar  year  during  which  the immediately                                                             
     preceding fiscal year begins; plus                                                                                         
                (2) the percentage rate of change in the State                                                                  
     population  during the second  and third calendar years  during                                                            
     which the  immediately preceding fiscal year  began compiled by                                                            
     a State department.                                                                                                        
                                                                                                                                
Senator Dyson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken objected for discussion purposes.                                                                               
                                                                                                                                
Senator Dyson  explained this amendment  would change the  averaging                                                            
based on population and  inflation from three years to two years and                                                            
would provide more rational results.                                                                                            
                                                                                                                                
CHERYL FRASCA, Director,  Office of Management and Budget, Office of                                                            
the Governor, deferred to Mr. Tangeman to detail this amendment.                                                                
                                                                                                                                
Mr. Tangeman explained  that the bill as is currently  written would                                                            
use  an  average   annual  growth   for  population  and   inflation                                                            
calculated for  three of last four years. This applied  to the base,                                                            
he stated,  gives  a substantially  lower growth  than expected.  He                                                            
gave an example  of population and inflation growth  of four percent                                                            
each  year over  three years,  the average  would  be four  percent,                                                            
which would calculate  at 1.3 percent each year applied  to the base                                                            
year of  FY 03 to  determine the  base amount for  FY 06. He  stated                                                            
this  would total  approximately  $50 million  each  year, which  he                                                            
determined  is too low. The proposed  amendment, he explained  would                                                            
provide  for two  years cumulative  growth.  He assured  this  would                                                            
still be added  to the base year of  FY 03, but would add  8 percent                                                            
growth,  or 2.6 percent,  resulting  in approximately  $100  million                                                            
each year.                                                                                                                      
                                                                                                                                
Senator  Hoffman  remarked  the intent  of  the amendment  would  be                                                            
correct provided  that inflation increases  each year. He  cautioned                                                            
that if inflation  were to decrease one year, the  growth rate would                                                            
be slower over  a two-year average  than a three-year average  would                                                            
allow.                                                                                                                          
                                                                                                                                
Mr.  Tangeman  responded   that  as  the  committee  substitute   is                                                            
currently drafted, the growth rate would be even lower.                                                                         
                                                                                                                                
Senator Hoffman surmised  that growth rate would be higher utilizing                                                            
a three-year  average if the rate  of inflation declined  during one                                                            
year.                                                                                                                           
                                                                                                                                
Mr. Tangeman qualified  that the average growth rate could be lower,                                                            
but the average would be  applied to a base year of three years ago,                                                            
so growth  rate would  be even lower.  He stated  he would  research                                                            
this. He pointed  out the language in the bill that  would not allow                                                            
a decrease  in the amount of appropriated  from year to year,  which                                                            
could address this concern.                                                                                                     
                                                                                                                                
Co-Chair Wilken requested  a timeline graph to demonstrate the look-                                                            
back portion.                                                                                                                   
                                                                                                                                
Ms.  Frasca  relayed  an  explanation  Mr.  Tangeman   provided  her                                                            
earlier. This  added the cumulative  average of the last  two fiscal                                                            
years to the spending amount of three years ago.                                                                                
                                                                                                                                
Co-Chair  Wilken asked  for an  example  assuming the  plan were  in                                                            
place currently.                                                                                                                
                                                                                                                                
Mr.  Tangeman,  Senator  Hoffman and  Mr.  Schultz  determined  that                                                            
population  and inflation  for the years  FY 02 and  FY 03 would  be                                                            
applied to an  average of FY 01, FY 02 and FY 03 for  the base year.                                                            
                                                                                                                                
Senator Hoffman asked about the stipulation of calendar year.                                                                   
                                                                                                                                
Mr. Schultz  pointed out that  language on  page 1 line 10  the bill                                                            
pertains  to  the use  of  the fiscal  year  calendar  to  determine                                                            
inflation and  language on line 12  stipulates that population  data                                                            
would be calculated using the calendar year.                                                                                    
                                                                                                                                
Co-Chair Wilken asked how  the spending limit amount for FY 05 would                                                            
be calculated.                                                                                                                  
                                                                                                                                
Mr. Tangeman replied  that federal data on population  and inflation                                                            
for calendar years  2002 and 2003 would be added and  applied to the                                                            
base year average of FY 01, FY 02 and FY 03.                                                                                    
                                                                                                                                
Co-Chair Wilken asked how  the population changes during FY 03 would                                                            
be determined.                                                                                                                  
                                                                                                                                
Mr. Schultz  responded that population  estimates for each  calendar                                                            
year are published in July of that year.                                                                                        
                                                                                                                                
Mr. Tangeman  informed that  the Department  of Labor and  Workforce                                                            
Development provides this information.                                                                                          
                                                                                                                                
Co-Chair Wilken asked if  an annual population estimate is therefore                                                            
established then confirmed with the US census every ten years.                                                                  
                                                                                                                                
Co-Chair  Wilken  asked  if  the  inflation   consumer  price  index                                                            
utilized in the calculations would also be an estimate.                                                                         
                                                                                                                                
Mr. Schultz  replied  this information  is provided  at end of  each                                                            
calendar year for that year.                                                                                                    
                                                                                                                                
Co-Chair Wilken understood this information is delayed.                                                                         
                                                                                                                                
Ms. Frasca  clarified that  the figures are  finalized in April  for                                                            
the previous calendar year.                                                                                                     
                                                                                                                                
Co-Chair Wilken asked how  the legislature would we be able to begin                                                            
drafting a budget in January of each year.                                                                                      
                                                                                                                                
Mr. Schultz  responded  that  the look-back  is two  years for  this                                                            
reason.                                                                                                                         
                                                                                                                                
Co-Chair Wilken  understood the population  statistics of  two years                                                            
prior and the  inflation rates of one-year prior would  be utilized.                                                            
He asked how  a budget would be drafted  before the inflation  rates                                                            
are known.                                                                                                                      
                                                                                                                                
Ms. Frasca  corrected  her earlier  statement  and listed  inflation                                                            
rates are  determined in  February, population  rates in March,  and                                                            
personal income data is available in April.                                                                                     
                                                                                                                                
Mr. Tangeman  furthered that data  is compiled quarterly,  therefore                                                            
estimates would be available.                                                                                                   
                                                                                                                                
Co-Chair Wilken  pointed out that the administration  is required to                                                            
complete a budget proposal  by December 15 and that valid data would                                                            
not be available at that time.                                                                                                  
                                                                                                                                
Ms.  Frasca agreed.  She  stated that  a  budget would  be  prepared                                                            
utilizing  the estimates.  She  noted this  is currently  done  with                                                            
budgets prepared  using projections  from the Department  of Revenue                                                            
and other sources.                                                                                                              
                                                                                                                                
Senator Dyson  clarified that if the  amendment is adopted  Co-Chair                                                            
Wilken  is  requesting  a  graph  demonstrating  when  the  data  on                                                            
population   and  inflation  would   be  available.  Senator   Dyson                                                            
expressed the  execution of this spending  limit should be  based on                                                            
the  needs of  Alaska,  and that  spending  limits should  serve  as                                                            
guidelines rather  than determining public policy.  He also stressed                                                            
that available  revenue should not  determine the "upper  limits" of                                                            
the budget.                                                                                                                     
                                                                                                                                
Mr.   Tangeman  clarified   that   the  information   utilized   for                                                            
calculations  would  be "compiled  by a  federal  agency during  the                                                            
second and third  calendar years preceding the calendar  year during                                                            
which the immediately  preceding fiscal  year began." Therefore,  he                                                            
concluded  that   the  appropriation  limit  for   FY  05  would  be                                                            
determined  using population  and inflation data  from FY 01  and FY                                                            
02.  He  stated  that  the  data  would  be  finalized  rather  than                                                            
estimated.                                                                                                                      
                                                                                                                                
Co-Chair  Green indicated  she would share  information compiled  by                                                            
staff  demonstrating   that   this  amendment   would  clarify   the                                                            
provision.                                                                                                                      
                                                                                                                                
Co-Chair   Wilken   understood   this   amendment    would   provide                                                            
clarification.                                                                                                                  
                                                                                                                                
Mr. Tangeman concurred.                                                                                                         
                                                                                                                                
Senator Hoffman  noted the spending  limit would be partially  based                                                            
on  the capital  appropriation  of  FY 05,  pointing  out that  this                                                            
appropriation  would likely be significantly  less than the  average                                                            
$100  million  general  funds appropriated  in  previous  years.  He                                                            
predicted  this would  create a scenario  in which  would not  allow                                                            
expenditure  of available  funds. He asked  if capital expenditures                                                             
would qualify  as extraordinary circumstances  and if not,  how such                                                            
appropriations would be made.                                                                                                   
                                                                                                                                
Senator   Bunde   responded   this   resolution    would   implement                                                            
"sideboards" to  provide guidance. He hoped that future  legislators                                                            
would  view this  as such,  but remarked  that past  experience  has                                                            
demonstrated that  the spending limit would be the  base. He pointed                                                            
out that the  price of oil is currently  high and that $200  million                                                            
would  not need to  be transferred  from the  Constitutional  Budget                                                            
Reserve Fund  to balance the budget.  However, he noted that  others                                                            
consider  the  $200  million   to  be new   revenue  that  could  be                                                            
appropriated to fund education.                                                                                                 
                                                                                                                                
Co-Chair  Wilken  withdrew  his  objection  and  Amendment  #10  was                                                            
ADOPTED.                                                                                                                        
                                                                                                                                
Senator Dyson  indicated that  a new committee  substitute  would be                                                            
drafted to  reflect the changes  in the amendments  adopted  at this                                                            
hearing.                                                                                                                        
                                                                                                                                
Co-Chair Wilken  recalled that Senator  Bert Stedman had  prepared a                                                            
sensitivity analysis on  the original resolution showing the impacts                                                            
from  population  and inflation  changes.  He  suggested  requesting                                                            
Senator Stedman conduct  a similar analysis on this amended version.                                                            
                                                                                                                                
Co-Chair  Wilken asked  if  comparison of  this resolution  and  the                                                            
proposal  under consideration  by the House  of Representatives  has                                                            
been done.                                                                                                                      
                                                                                                                                
Ms. Frasca replied the  Office of Management and Budget is preparing                                                            
to do this. Mr. Gorman                                                                                                          
                                                                                                                                
Senator Dyson  informed that although  the House of Representatives                                                             
is considering  a  spending limit  proposal, the  Senate is  further                                                            
into the process and that Representatives are observing the Senate                                                              
process.                                                                                                                        
                                                                                                                                
Co-Chair Wilken expressed an interest in how bond-rating agencies                                                               
such as Standard and Poor would view the impact of a constitutional                                                             
spending limit.                                                                                                                 
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                

Document Name Date/Time Subjects