Legislature(2009 - 2010)HOUSE FINANCE 519

03/19/2010 09:00 AM House FINANCE


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09:04:30 AM Start
09:04:34 AM HJR8
10:20:02 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HJR 8 CONST. AM: APPROP. LIMIT/MINERAL REVENUE TELECONFERENCED
Moved CSHJR 8(FIN) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 19, 2010                                                                                            
                         9:04 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:04:30 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the House Finance Committee meeting                                                                     
to order at 9:04 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Hawker, Co-Chair                                                                                            
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Vice-Chair                                                                                      
Representative Allan Austerman                                                                                                  
Representative Mike Doogan                                                                                                      
Representative Anna Fairclough                                                                                                  
Representative Neal Foster                                                                                                      
Representative Les Gara                                                                                                         
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Woodie Salmon                                                                                                    
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative    Mike   Kelly;    Derek   Miller,    Staff,                                                                    
Representative Kelly                                                                                                            
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Tamara   Cook,   Director,   Legislative   Legal   Services,                                                                    
Legislative Affairs Agency                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HJR  8         CONST. AM: APPROP. LIMIT/MINERAL REVENUE                                                                         
                                                                                                                                
               CS HJR 8(FIN) was REPORTED out of Committee                                                                      
               with   a   no    recommendations   and   with                                                                    
               previously published fiscal note: FN2 (ADM)                                                                      
                                                                                                                                
9:04:34 AM                                                                                                                    
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 8                                                                                                  
                                                                                                                                
     Proposing amendments  to the Constitution of  the State                                                                    
     of Alaska limiting  appropriations from certain mineral                                                                    
     revenue, relating  to the balanced budget  account, and                                                                    
     relating to an appropriation limit.                                                                                        
                                                                                                                                
9:04:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE KELLY presented  an overview of the bill                                                                    
which would  replace a mechanism in  the Alaska Constitution                                                                    
to attempt to  control state spending. He  stressed the need                                                                    
for fiscal  responsibility and stability in  the state. This                                                                    
bill would be a shock absorber  using a five year average to                                                                    
form a balanced budget tank to  put money into that could be                                                                    
accessed in any given year to  bring in enough money to meet                                                                    
the five year average on  spending. HE stressed that this is                                                                    
an averaging mechanism.                                                                                                         
                                                                                                                                
Co-Chair Stoltze  notified his  intent to  have a  motion to                                                                    
this bill move out.                                                                                                             
                                                                                                                                
9:07:41 AM                                                                                                                    
                                                                                                                                
Representative Doogan  asked about the many  revenue sources                                                                    
in Section  1 and wondered  how much of the  general revenue                                                                    
would this account deal with.                                                                                                   
                                                                                                                                
Representative  Kelly  responded  in  the  80  plus  percent                                                                    
range. It attempts to capture all mineral revenues.                                                                             
                                                                                                                                
Representative Doogan  inquired on  page 2, line  12-13 that                                                                    
it reads Section 7 does not apply and he wondered why.                                                                          
                                                                                                                                
Co-Chair  Stoltze replied  that  it is  the dedicated  funds                                                                    
provision.  Representative Kelly  agreed  that was  correct.                                                                    
Representative  Doogan noted  that this  presumptively makes                                                                    
this  not a  dedicated  fund.  Representative Kelly  agreed.                                                                    
Representative Doogan  remarked that  on page 2,  line 16-17                                                                    
it reads  "that excess  amount shall  be transferred  to the                                                                    
budget reserve  fund..." and wondered  if that was  what was                                                                    
being created with this  bill. Representative Kelly remarked                                                                    
that  the  balanced  budget account  is  the  reserve  being                                                                    
referred to so the answer is yes.                                                                                               
                                                                                                                                
Co-Chair Stoltze  interjected if that the  Section 17 budget                                                                    
reserve  fund is  referred to  in  Article 9  of the  Alaska                                                                    
Constitution.   Representative   Kelly  replied   that   was                                                                    
correct.                                                                                                                        
                                                                                                                                
Representative  Doogan wondered  in  Section 2  of the  bill                                                                    
what   this  application   of   mineral  revenue   amendment                                                                    
accomplishes. He understood there  was something in law that                                                                    
is being revised here.                                                                                                          
                                                                                                                                
9:11:45 AM                                                                                                                    
                                                                                                                                
DEREK  MILLER, STAFF,  REPRESENTATIVE  KELLY, reported  that                                                                    
the amendment  replaced the  current appropriation  limit in                                                                    
the  Alaska Constitution  under Article  IX, Section  16. It                                                                    
applies to appropriations in 2012 and thereafter.                                                                               
                                                                                                                                
Representative  Doogan inquired  that  if  this language  is                                                                    
passed, then this bill will,  in 2012, supersede the current                                                                    
language  in   Section  16.  Mr.  Miller   replied  yes.  He                                                                    
explained that on page 1,  line 5-6, it states that "Article                                                                    
IX,  sec.  16,  Constitution  of the  State  of  Alaska,  is                                                                    
repealed  and  readopted  to  read:"  Representative  Doogan                                                                    
assumed that all of sec. 16  is out and this new information                                                                    
would be  put in.  The funding  mechanism switches  from the                                                                    
current  sec. 16  to the  language in  the bill.  Mr. Miller                                                                    
replied that was correct.                                                                                                       
                                                                                                                                
9:13:22 AM                                                                                                                    
                                                                                                                                
Representative Gara remarked  that the Constitutional Budget                                                                    
Reserve (CBR) remains the same;  to access it would need the                                                                    
same number  of votes now  needed. If the five  year average                                                                    
of money  put into  mineral lease fund  is not  enough, then                                                                    
taking money from the CBR would  be the same as is presently                                                                    
done. Representative Kelly replied that was correct.                                                                            
                                                                                                                                
Representative Gara surmised the  fund looked at to indicate                                                                    
whether there is enough money so  the CBR doesn't have to be                                                                    
dipped into,  is not all the  money that comes in  that year                                                                    
only  the  mineral  lease  money   at  roughly  80  percent.                                                                    
Representative Kelly replied that is correct.                                                                                   
                                                                                                                                
Representative  Gara  inquired  if  the  five  year  average                                                                    
happens to say there is a  20 percent shortfall, but that 20                                                                    
percent short  fall is the  money from tuition  payments and                                                                    
business license receipts not  yet received, he wondered why                                                                    
they would  not be counted. Representative  Kelly noted that                                                                    
this  had been  considered, but  the purpose  was to  try to                                                                    
capture the  volatility amount. Other  areas which  are open                                                                    
to  appropriation  were  left alone  because  they  are  not                                                                    
volatile.                                                                                                                       
                                                                                                                                
Representative Gara  understood that  it seems like  that is                                                                    
the money  paying for  the service.  He questioned  why that                                                                    
money  would not  be counted.  Representative Kelly  offered                                                                    
that this captures  the volatile piece and keeps  out of the                                                                    
equation all the new initiatives  that might come to Alaska.                                                                    
This includes  all the  economic development  dreams outside                                                                    
the   mineral   revenue   equation   would   be   available.                                                                    
Representative Gara asked what would  be the amount of money                                                                    
not calculated into the equation.                                                                                               
                                                                                                                                
9:17:15 AM                                                                                                                    
                                                                                                                                
Mr.  Miller  responded  it reflects  $400  million  to  $700                                                                    
million in the last five to ten years.                                                                                          
                                                                                                                                
Representative  Gara inquired  in  what years  the CBR  vote                                                                    
would have been  necessary in order to meet  the budget over                                                                    
the past decade.  Mr. Miller replied that the  graph on page                                                                    
10 of  the PowerPoint  presentation shows the  State General                                                                    
Fund Spending  FY80-FY10 (HJR  8 Balanced  Budget Resolution                                                                    
House Finance Committee,  March 18, 2010 copy  on file). The                                                                    
green  line reflects  the total  General  Fund (GF)  Revenue                                                                    
received;  the blue  line is  the actual  GF spending  spent                                                                    
that year; the  black line is the estimated amount  if HJR 8                                                                    
had  been in  effect. He  noted the  difference between  the                                                                    
black line  and blue line would  be in excess of  what would                                                                    
be spent in any given year from FY 2000 to FY 2009.                                                                             
                                                                                                                                
Representative Gara  noted that starting in  FY 2002 through                                                                    
FY 2008 it  would have been necessary to go  into the CBR or                                                                    
cut  the  budget  by   $500  million.  Representative  Kelly                                                                    
responded  that there  would have  been  roughly $4  billion                                                                    
would be carved  out of the process by  being disciplined to                                                                    
use the  averaging. Representative Gara observed  that gives                                                                    
a lot of power to those not in the majority.                                                                                    
                                                                                                                                
Representative  Kelly indicated  that  the  intention is  to                                                                    
give  people  the  people  of  Alaska  a  margin  in  fiscal                                                                    
planning  to  avoid  the crash  ahead.  Representative  Gara                                                                    
agreed that seems to be the intent.                                                                                             
                                                                                                                                
9:20:58 AM                                                                                                                    
                                                                                                                                
Representative  Kelly answered  that  this  is a  bipartisan                                                                    
approach.                                                                                                                       
                                                                                                                                
Representative  Fairclough  asked  Representative  Kelly  to                                                                    
speak to  the current  Alaska Constitution, Section  16, and                                                                    
what  this  provided  to  the citizens  of  Alaska  and  the                                                                    
difference  in  this  new  Section  16.  She  added  not  in                                                                    
relationship to dollars. She stated  that Section 16 sets an                                                                    
appropriation limit, but it also  does other things, such as                                                                    
revenue bonds and  cumulative draws. She wanted  to know the                                                                    
specific components of what is being repealed.                                                                                  
                                                                                                                                
Representative  Kelly  responded   that  Tamara  Cook  could                                                                    
respond better to that question.                                                                                                
                                                                                                                                
Co-Chair Stoltze commented  that he did not  think they were                                                                    
spending one third of appropriations  on capital budgets. He                                                                    
believed Representative  Kelly was trying to  make this more                                                                    
clear and forcible. Representative Kelly agreed.                                                                                
                                                                                                                                
9:23:31 AM     AT EASE                                                                                                        
9:41:07 AM     RECONVENED                                                                                                     
                                                                                                                                
9:41:16 AM                                                                                                                    
                                                                                                                                
TAMARA   COOK,   DIRECTOR,   LEGISLATIVE   LEGAL   SERVICES,                                                                    
LEGISLATIVE AFFAIRS AGENCY  (via teleconference) referred to                                                                    
the contents  of the current Section  16. That appropriation                                                                    
limit  was enacted  in  1982, originally  to  be applied  in                                                                    
1984. It has  never been applied. The  difference in Section                                                                    
16 under  this bill is  that it takes a  different approach.                                                                    
Instead of simply identifying sources  of mineral revenue as                                                                    
HJR 8 does, the original  section lists a number of critical                                                                    
exceptions based  on the purpose  of the  appropriation that                                                                    
are out from under the limit.                                                                                                   
                                                                                                                                
Representative  Fairclough asked  the  provisions inside  of                                                                    
the  current  Section  16  so there  can  be  a  comparative                                                                    
analysis between the two bills.                                                                                                 
                                                                                                                                
Ms.  Cook responded  that  in the  existing  Section 16  the                                                                    
appropriation limit  takes the track of  first exempting out                                                                    
from the  formula. HJR  8 does not  have the  exemption. She                                                                    
explained  that the  exemptions in  the existing  Section 16                                                                    
are  appropriations  for  Alaska Permanent  Fund  Dividends,                                                                    
Appropriations of Revenue  Bonds proceeds, appropriations to                                                                    
pay  the principle  and  interest  on Government  Obligation                                                                    
(GO) bonds and  appropriations of money received  from a non                                                                    
state source  in trust for  a specific purpose.  The current                                                                    
Section  16  sets a  hard  number.  Appropriations from  the                                                                    
treasury  made  for a  fiscal  year  shall not  exceed  $2.5                                                                    
billion. That  number is increased by  the cumulative change                                                                    
derived from  the federal  indexes as  prescribed by  law in                                                                    
population and inflation since July  1, 1981. She understood                                                                    
the  inflation proofing  part of  Section 16,  that has  the                                                                    
$2.5 billion  figure, has grown  to such an extent  that the                                                                    
state  has never  reached  it. Section  16  also contains  a                                                                    
provision  that says  within the  appropriation limit,  once                                                                    
calculated, that  one third of  the appropriation has  to be                                                                    
reserved  for  capital  projects  and  loan  appropriations.                                                                    
There is no  similar provision in HJR 8.  She continued that                                                                    
a mechanism whereby the legislature  can exceed the existing                                                                    
appropriation limit  for bills  that make  appropriations to                                                                    
the Permanent  Fund and for  bills that  make appropriations                                                                    
for  capital  projects,  if  the bill  is  approved  by  the                                                                    
governor or  passed by affirmative vote  of three-fourths of                                                                    
the membership of the legislature  over a veto. The existing                                                                    
Section 16  is considerably different  from the HJR  8 under                                                                    
discussion.                                                                                                                     
                                                                                                                                
9:46:58 AM                                                                                                                    
                                                                                                                                
Representative  Fairclough asked  for the  exemption in  the                                                                    
current   formula  that   specifies   that  Permanent   Fund                                                                    
dividends  would take  precedence  over other  expenditures.                                                                    
She also inquired how that was  relevant to the new bill and                                                                    
the  proposed  ballot  measure  would  secure  the  people's                                                                    
Permanent Fund Dividend.                                                                                                        
                                                                                                                                
Ms.  Cook replied  that  the HJR  8 does  not  speak to  the                                                                    
Permanent  Fund Dividend  at all.  The  existing Section  16                                                                    
simply exempted out from the  appropriation limit the amount                                                                    
of money  the state spends  on the Permanent  Fund Dividend.                                                                    
That   appropriation  was   never  part   of  the   original                                                                    
calculation.                                                                                                                    
                                                                                                                                
Representative  Gara  wondered  how this  would  change  the                                                                    
Permanent Fund  Dividend. Representative Kelly  replied that                                                                    
the  statement before,  relative to  the Permanent  Fund and                                                                    
its entire operation, would not  change it. There would also                                                                    
be no different access to  the permanent fund than currently                                                                    
exists.                                                                                                                         
                                                                                                                                
9:49:15 AM                                                                                                                    
                                                                                                                                
Representative  Doogan noted  there  are circumstances  when                                                                    
the permanent fund  ends up with more  money after inflation                                                                    
proofing and  paying dividends and  wondered if  that amount                                                                    
of money would be affected by this proposal.                                                                                    
                                                                                                                                
Representative Kelly  stressed that it would  not be because                                                                    
this  mechanism is  different  mechanism  from the  existing                                                                    
one.  This  is a  five  year  average  only of  the  mineral                                                                    
income.                                                                                                                         
                                                                                                                                
Representative  Doogan  contended   then  that  neither  the                                                                    
amount put in  the permanent fund nor  the investment income                                                                    
would be  affected. Representative Kelly responded  that was                                                                    
correct.                                                                                                                        
                                                                                                                                
9:50:40 AM                                                                                                                    
                                                                                                                                
Representative Austerman  asked if  the five  year averaging                                                                    
is implemented,  would it  step back four  years to  pick up                                                                    
the average.  Representative Kelly  responded that  it looks                                                                    
back four fiscal years and one forward.                                                                                         
                                                                                                                                
9:51:45 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze asked if there was any public testimony.                                                                       
                                                                                                                                
Co-Chair Stoltze closed public testimony for the committee.                                                                     
                                                                                                                                
Representative  Fairclough inquired  that when  looking back                                                                    
at all  appropriations had there been  consideration in this                                                                    
concept  bill to  look at  the  flexibility of  a year  when                                                                    
there  is no  revenue. A  common  problem is  that there  is                                                                    
always  the anticipation  that money  will be  made and  not                                                                    
lost.  She wondered  if  there has  been  a discussion  with                                                                    
legal  in  that regard.  She  asserted  that if  taking  all                                                                    
appropriation, instead  of just  the operating  budget, that                                                                    
may restrict the legislature in a way not wanted.                                                                               
                                                                                                                                
Representative Kelly  replied that  since the only  focus is                                                                    
the five year  average of the mineral revenue, then  it is a                                                                    
ramp into  and out of higher  and lower oil prices.  It does                                                                    
not touch the revenue outside of the equation.                                                                                  
                                                                                                                                
Representative  Fairclough inquired  if the  language should                                                                    
reflect all the operating  budgets appropriations versus the                                                                    
capital budget which is volatile  up and down. The state has                                                                    
the most control on the  operating budget. She remarked that                                                                    
in  her  community  and   throughout  Alaska  that  Alaska's                                                                    
capital  budget  when  invested is  an  economic  engine  in                                                                    
different communities.  If oil  revenues at 80  percent will                                                                    
be  invested  in  capital  projects  it  might  hamper  some                                                                    
projects that in  a given year Alaska  needs more investment                                                                    
in a capital  project. She wondered how that  will affect an                                                                    
operating budget given those restraints.                                                                                        
                                                                                                                                
9:55:27 AM                                                                                                                    
                                                                                                                                
Representative Kelly responded that  this bill only looks at                                                                    
the  revenue  side and  does  not  affect the  legislature's                                                                    
ability  to factor  between  operating  budgets and  capital                                                                    
budgets  in any  given year.  It also  does not  control the                                                                    
amount  that  the  legislature can  take  from  the  mineral                                                                    
revenue  except to  average  it. This  bill  would place  $4                                                                    
billion in addition to current  savings into the bank. Since                                                                    
oil  price  spikes  do not  necessarily  coincide  with  the                                                                    
capital needs, he  believed that by putting  money into this                                                                    
tank   it  could   fill   up  to   two   times  the   annual                                                                    
appropriation,  then it  could  be accessed  for times  when                                                                    
revenue  fall  below  the  line  will  be  better  there  is                                                                    
discipline  to put  something in  it. When  the money  is in                                                                    
excess of the  balance budget account overflows  it would go                                                                    
directly into  the CBR. There  could also be access  to this                                                                    
money  with a  three quarter  vote. It  would not  prejudice                                                                    
between the  capital and operating budgets  only dampen down                                                                    
the ups and downs with a shock absorber.                                                                                        
                                                                                                                                
Representative  Fairclough remarked  it is  an appropriation                                                                    
limit so it will cap  spending which she understood that was                                                                    
intent. She noted the downturn  in the United States economy                                                                    
and remarked  that the University  of Alaska budget  was one                                                                    
of  few   universities  in  the  nation   that  received  an                                                                    
increase. She asked  if the appropriation limit  is on those                                                                    
mineral revenues and  if there is money  elsewhere then this                                                                    
will limit the investments since  that are where most of the                                                                    
money   comes  from.   This  might   restrict  spending   in                                                                    
communities in the future.                                                                                                      
                                                                                                                                
9:58:49 AM                                                                                                                    
                                                                                                                                
Representative  Austerman  asked  about  the  non  renewable                                                                    
resources extraction  in Alaska as  what the budget  will be                                                                    
based on. He believed that  Alaska has already seen the peak                                                                    
of funding source  through that and a  non renewable revenue                                                                    
source;  he   believed  would  continue   to  go   down.  He                                                                    
questioned how the state would adjust for this.                                                                                 
                                                                                                                                
Representative Kelly agreed. He  offered that this mechanism                                                                    
cannot create any  wealth for the state  only discipline the                                                                    
spending. The  inevitable crash between the  growth in state                                                                    
budget  and   a  decline  in  the   non  renewable  resource                                                                    
approaches. He  maintained that this  bill along  with other                                                                    
efforts will  go toward stability and  predictability in and                                                                    
out of price  changes. He stressed the state's  goal to find                                                                    
other ways to create wealth  to pay for the state's services                                                                    
are out  of this  equation. Representative  Austerman agreed                                                                    
on the  issue that  Representative Kelly is  only indicating                                                                    
the maximum amount from these  mineral sources of revenue so                                                                    
that  then would  drive the  state to  get other  sources of                                                                    
revenue to  pay the bills. Representative  Kelly agreed with                                                                    
him.                                                                                                                            
                                                                                                                                
10:02:18 AM                                                                                                                   
                                                                                                                                
Representative  Doogan reflected  that  this mechanism  will                                                                    
operate a lot like the  averaging in the Permanent Fund. The                                                                    
amount that goes in will go  up or down depending on revenue                                                                    
and spending.  Representative Kelly agreed that  is directly                                                                    
on point. This bill would be an averaging method.                                                                               
                                                                                                                                
Representative  Austerman  clarified   that  under  (d)  the                                                                    
amounts placed  in the Alaska  permanent fund  under Section                                                                    
15  and the  amounts  placed in  the  budget reserved  under                                                                    
Section  17(a) is  excluded.  Representative Kelly  stressed                                                                    
that was correct.                                                                                                               
                                                                                                                                
10:05:08 AM                                                                                                                   
                                                                                                                                
Representative   Joule   noted    Section   15   of   Alaska                                                                    
Constitution  as it  relates to  the  Alaska Permanent  Fund                                                                    
states the  amount of mineral  lease, rentals  and royalties                                                                    
that  goes into  the  Alaska Permanent  Fund.  At one  time,                                                                    
through  statute, it  was fifty  percent. It  seems that  it                                                                    
might  be easier  to enact  a  statute. It  would leave  the                                                                    
legislature the option of looking at  it as an option on how                                                                    
it could  be done  while considering some  of the  long term                                                                    
options of how  to move forward in trying  to determine some                                                                    
of the  questions. A few  years ago the statue  was repealed                                                                    
and it went back down to twenty five percent.                                                                                   
                                                                                                                                
Representative   Kelly   divulged   that  there   had   been                                                                    
discussion on  using the  statute because  there is  a lower                                                                    
effort to  get there. He  noted that  it was hard  to figure                                                                    
how to do within statute and  he believed that the people of                                                                    
Alaska should have a say on this.                                                                                               
                                                                                                                                
Representative Joule  remarked that  if looking at  some way                                                                    
to base  the budget, on  not just the  value of a  barrel of                                                                    
oil, but on  the wealth of the state. If  all funds were put                                                                    
into the  Permanent Fund  and then did  a percent  of market                                                                    
value  and then  lived  off  of that,  there  might be  some                                                                    
stumbling blocks  ore rework. A statute  gives permission to                                                                    
do something in the interim with  a longer view in mind. The                                                                    
legislature  does not  deal with  budgets, but  with request                                                                    
for increments.                                                                                                                 
                                                                                                                                
Representative  Kelly commented  that  HJR  8 would  operate                                                                    
only  on the  mineral wealth;  it  would put  up no  barrier                                                                    
different  from today  in regard  to the  Percent of  Market                                                                    
?Value (POMV) or  income tax. This bill is  a shock absorber                                                                    
that does not create wealth or take it away.                                                                                    
                                                                                                                                
Representative Joule voiced his  concern that issues need to                                                                    
be picked very carefully when  going to the public to change                                                                    
the Alaska Constitution.                                                                                                        
                                                                                                                                
10:11:33 AM                                                                                                                   
                                                                                                                                
Representative  Kelly  MOVED  to   ADOPT  Amendment  1,  26-                                                                    
LS0388\A.1, Cook, 3/18/10 (copy on file):                                                                                       
                                                                                                                                
     Page 1, line 12, through page 2, line:                                                                                     
          Delete all material                                                                                                   
          Insert "amounts received by the state from these                                                                      
     sources during the five fiscal years that immediately                                                                      
     precede the current fiscal year divided by five."                                                                          
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative   Kelly  explained   Amendment   1.  It   was                                                                    
determined to go to fiscal  years over calendar years as the                                                                    
easier way to go.                                                                                                               
                                                                                                                                
Representative  Austerman   noted  that  this   removes  the                                                                    
looking forward  year and  is now looking  at the  past five                                                                    
years. Representative  Kelly responded that was  not exactly                                                                    
correct.  Mr. Miller  explained that  the graph  on page  15                                                                    
describes  what it  does. For  example in  the FY10  budget,                                                                    
this amendment  would still  project the  next four  or five                                                                    
months  of revenue  to the  legislature. It  would still  be                                                                    
projected out,  but not a  full year as  it would be  with a                                                                    
calendar year.                                                                                                                  
                                                                                                                                
Representative Austerman  remarked that in the  amendment on                                                                    
line 4  it says  it immediately  "precedes" the  current. He                                                                    
believed this related to FY  2009. Mr. Miller contended that                                                                    
the  current   fiscal  year   is  FY   2011.  Representative                                                                    
Austerman believed that needed to be stated more clearly.                                                                       
                                                                                                                                
Ms. Cook responded that on  page 1, subsection (a) it states                                                                    
on line 10 that the  maximum amount that may be appropriated                                                                    
from  the mineral  sources was  for a  current fiscal  year.                                                                    
This entire amendment is structured  with the notion that it                                                                    
will  be looking  at a  specific fiscal  year and  the money                                                                    
appropriated for  that year  is being  limited. Consequently                                                                    
in the  current fiscal year,  there is an  appropriation for                                                                    
FY 2011,  but under the amendment  it would look at  FY 2010                                                                    
and the  preceding four fiscal  years in order to  apply the                                                                    
limit amount. Representative Austerman  further that on line                                                                    
11, page 1,  when referring to the current  fiscal year, the                                                                    
amendment says  immediately "precedes" the current  year. He                                                                    
expressed further confusion. Ms.  Cook replied that in order                                                                    
to  determine the  amount that  would be  available for  the                                                                    
current  year,  the  five   fiscal  years  that  immediately                                                                    
precede  it must  be averaged.  If  the current  year is  FY                                                                    
2011, then the five fiscal  years immediately recede FY 2011                                                                    
will include FY 2010.                                                                                                           
                                                                                                                                
10:16:43 AM                                                                                                                   
                                                                                                                                
Representative Kelly  agreed that something is  lost jumping                                                                    
from  calendar year  to fiscal  year, but  retain about  six                                                                    
months worth of looking forward.  Ms. Cook declared that was                                                                    
correct.                                                                                                                        
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION  to Amendment  1.                                                                    
There being NO further OBJECTION, Amendment 1 was adopted.                                                                      
                                                                                                                                
Co-Chair  Stoltze talked  to the  fiscal note.  He indicated                                                                    
that the debate will continue on this bill.                                                                                     
                                                                                                                                
10:18:23 AM                                                                                                                   
                                                                                                                                
Representative Austerman  stated that  this appears to  be a                                                                    
good  working  tool and  part  of  the discussion  over  the                                                                    
interim will  tie back  to the long  term discussion  on how                                                                    
budgets   will  be   funded  in   the  future.   He  thanked                                                                    
Representative Kelly for bringing this forward.                                                                                 
                                                                                                                                
Representative Fairclough shared  that during discussions on                                                                    
the  fiscal subcommittee  level,  there  was a  presentation                                                                    
from Scott Goldsmith who emphasized  that the state needs to                                                                    
save  every  penny coming  in  right  now  as there  is  the                                                                    
predicted loss of  oil and gas production over  the years to                                                                    
come.                                                                                                                           
                                                                                                                                
10:20:02 AM                                                                                                                   
                                                                                                                                
Representative  Doogan thanked  the  sponsor  and staff  for                                                                    
their work  on this bill to  help level out spending  in the                                                                    
state.                                                                                                                          
                                                                                                                                
Co-Chair  Hawker  MOVED  to  report CS  HJR  8(FIN)  out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CS  HJR 8(FIN)  was  REPORTED  out of  Committee  with a  no                                                                    
recommendations and  with previously published  fiscal note:                                                                    
FN2 (ADM)                                                                                                                       
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:22 AM                                                                                           

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