Legislature(1999 - 2000)

03/09/1999 03:31 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SJR 10-CONST AM: SUPERMAJORITY FOR TAX LEVIES                                                                          
                                                                                                                                
MARK HODGINS presented SJR 10 for its sponsor, Chairman Ward.  SJR
10 creates a constitutional amendment that requires a two-thirds                                                                
majority vote of both the House and Senate to levy any new state                                                                
taxes or increase the rate of any present state tax.  If passed,                                                                
the constitutional amendment will be placed before the voters at                                                                
the next general election.  Fourteen other states have passed                                                                   
similar legislation to enact or increase various state taxes.  SJR
10 allows the citizens of Alaska to vote on taxation.                                                                           
                                                                                                                                
CHAIRMAN WARD asked if "taxes" are defined in statute.  MR. HODGINS                                                             
did not have an exact definition.                                                                                               
                                                                                                                                
CHAIRMAN WARD noted he has requested a legal definition of "taxes"                                                              
because it is not his intent to include fees.                                                                                   
                                                                                                                                
Number 531                                                                                                                      
                                                                                                                                
SENATOR ELTON expressed concern about the Alaska Seafood Marketing                                                              
Institute's (ASMI) processor assessment.  He explained that                                                                     
assessment is levied by processors by a vote of 50 percent plus                                                                 
one.  The assessment currently equals a fee of three percent of the                                                             
value of the product.  That money is deposited in the General Fund                                                              
and appropriated for domestic marketing programs.  He asked whether                                                             
SJR 10 will limit the processors' ability to raise the fee.                                                                     
                                                                                                                                
CHAIRMAN WARD said he has the same concern and has asked the same                                                               
question.  He clarified if the assessment is called a "fee,"  it is                                                             
not considered a tax.                                                                                                           
                                                                                                                                
SENATOR ELTON questioned whether an assessment would be considered                                                              
a fee.  CHAIRMAN WARD said all fees and other revenue-generating                                                                
mechanisms that are not called a "tax" are not subject to the two-                                                              
thirds majority vote.                                                                                                           
                                                                                                                                
SENATOR GREEN asked if the ASMI assessment must be approved by the                                                              
Legislature.  SENATOR ELTON replied that statutory authority is                                                                 
granted by the Legislature which allows processors to self-assess.                                                              
                                                                                                                                
Number 558                                                                                                                      
                                                                                                                                
SENATOR GREEN asked if the assessment can be increased without                                                                  
legislative approval.  SENATOR ELTON replied the processors can                                                                 
increase or decrease the assessment amount under the statutory                                                                  
structure.                                                                                                                      
                                                                                                                                
SENATOR PHILLIPS noted the Legislature must approve General Funds                                                               
for reappropriation for domestic marketing efforts.  SENATOR ELTON                                                              
said that is true, and the Legislature has always acted in good                                                                 
faith and reappropriated those funds.                                                                                           
                                                                                                                                
MR. HODGINS reviewed the tax levy requirements of the other 14                                                                  
states.  Delaware, Florida, Mississippi, and Oregon require a 3/5                                                               
vote of their legislatures to enact taxes;  Florida also requires                                                               
a 2/3 vote of the public to enact new taxes.  Arizona, California,                                                              
Louisiana, Nevada, South Dakota, and Washington require a 2/3 vote                                                              
of their legislatures to enact taxes.  Missouri requires a 2/3 vote                                                             
of the public to enact or increase taxes.  Arkansas, Colorado, and                                                              
Oklahoma require a 3/4 vote of their legislatures to enact taxes.                                                               
The vote requirement does not apply to all taxes: some apply to                                                                 
either income, sales, or property taxes.                                                                                        
                                                                                                                                
SENATOR WILKEN questioned whether any of those states have                                                                      
dedicated funds that the voting requirements do not apply to.  MR.                                                              
HODGINS assumed they do.  SENATOR WILKEN noted the people may not                                                               
have a say in how certain expenditures are made because their                                                                   
states have dedicated funds.                                                                                                    
                                                                                                                                
TAPE 99-4, SIDE B                                                                                                               
                                                                                                                                
SENATOR GREEN moved SJR 10 from committee with individual                                                                       
recommendations.  SENATOR ELTON objected and commented he does not                                                              
know how he would have voted in the early 1990's on the                                                                         
Constitutional Budget Reserve (CBR).  He believes SJR 10 is the                                                                 
flip side of that issue.  He could argue that the supermajority                                                                 
vote required to use CBR funds limits the Legislature's ability to                                                              
accomplish the legislative agenda.  He sees SJR 10 as creating an                                                               
additional limit.                                                                                                               
                                                                                                                                
The motion to pass SJR 10 from committee carried with Senators                                                                  
Phillips, Green, Wilken, and Ward voting "yea," and Senator Elton                                                               
voting "nay."                                                                                                                   

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