Legislature(1999 - 2000)

02/18/1999 08:05 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                                   
                 February 18, 1999                                                                                              
                     8:05 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jeannette James, Chair                                                                                           
Representative John Coghill                                                                                                     
Representative Scott Ogan                                                                                                       
Representative Jim Whitaker                                                                                                     
Representative Bill Hudson                                                                                                      
Representative Beth Kerttula                                                                                                    
Representative Harold Smalley                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
* HOUSE JOINT RESOLUTION 9                                                                                                      
Urging the President of the United States and the Congress to act                                                               
to ensure that federal agencies do not retain records relating to                                                               
lawful purchase or ownership of firearms gathered through the Brady                                                             
Handgun Bill instant check system.                                                                                              
                                                                                                                                
     - MOVED HJR 9 OUT OF COMMITTEE                                                                                             
                                                                                                                                
HOUSE BILL NO. 45                                                                                                               
"An Act relating to initiative and referendum petitions; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
     - SUBCOMMITTEE APPOINTED                                                                                                   
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 7                                                                                                    
Proposing an amendment to the Constitution of the State of Alaska                                                               
relating to initiative and referendum petitions.                                                                                
                                                                                                                                
     - SUBCOMMITTEE APPOINTED                                                                                                   
                                                                                                                                
HOUSE BILL NO. 77                                                                                                               
"An Act relating to the Joint Armed Services Committee, a permanent                                                             
interim committee of the Alaska State Legislature; and providing                                                                
for an effective date."                                                                                                         
                                                                                                                                
     - WAIVED FROM COMMITTEE                                                                                                    
                                                                                                                                
* HOUSE BILL 89                                                                                                                 
"An Act authorizing an advisory vote on the use of the Alaska                                                                   
permanent fund earnings reserve account; relating to certain                                                                    
procedures for the special election; and providing for an effective                                                             
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
* HOUSE BILL 90                                                                                                                 
"An Act making a special appropriation from the earnings reserve                                                                
account of the Alaska permanent fund to the constitutional budget                                                               
reserve fund; and providing for an effective date."                                                                             
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
* HOUSE BILL 91                                                                                                                 
"An Act relating to taxation, including taxation of income of                                                                   
individuals, estates, and trusts; and providing for an effective                                                                
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HJR  9                                                                                                                    
SHORT TITLE: DESTROY BRADY BILL RECORDS                                                                                         
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/27/99        92     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/27/99        92     (H)  STATE AFFAIRS, JUDICIARY                                                                            
 1/29/99       106     (H)  COSPONSOR(S):  FOSTER, HARRIS,                                                                      
                            COGHILL                                                                                             
 2/01/99       121     (H)  COSPONSOR(S): HUDSON, MORGAN, HALCRO                                                                
 2/01/99       121     (H)  COSPONSOR(S): AUSTERMAN                                                                             
 2/08/99       172     (H)  COSPONSOR(S): OGAN, KOTT, COWDERY                                                                   
 2/12/99       209     (H)  COSPONSOR(S): PHILLIPS                                                                              
 2/16/99       227     (H)  COSPONSOR(S): SMALLEY                                                                               
 2/18/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB  45                                                                                                                    
SHORT TITLE: INITIATIVE/REFERENDUM PETITIONS                                                                                    
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        30     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        30     (H)  STA, FIN                                                                                            
 2/11/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 2/11/99               (H)  HEARD AND HELD                                                                                      
 2/11/99               (H)  MINUTE(STA)                                                                                         
 2/18/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HJR  7                                                                                                                    
SHORT TITLE: CONST AM: INITIATIVE/REFERENDUM PETITIONS                                                                          
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        17     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        17     (H)  STA, JUD, FIN                                                                                       
 2/11/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 2/11/99               (H)  HEARD AND HELD                                                                                      
 2/11/99               (H)  MINUTE(STA)                                                                                         
 2/18/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB  77                                                                                                                    
SHORT TITLE: JOINT ARMED SERVICES COMMITTEE                                                                                     
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/03/99       132     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/03/99       132     (H)  MLV, STA, FIN                                                                                       
 2/05/99       147     (H)  COSPONSOR(S): MULDER, PHILLIPS                                                                      
 2/16/99               (H)  MLV AT  5:00 PM CAPITOL 120                                                                         
 2/16/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 2/16/99               (H)  MINUTE(MLV)                                                                                         
 2/17/99       235     (H)  MLV RPT  6DP 1NR                                                                                    
 2/17/99       235     (H)  DP: FOSTER, PHILLIPS, COGHILL, KOTT,                                                                
 2/17/99       235     (H)  JAMES, MURKOWSKI; NR: CROFT                                                                         
 2/17/99       235     (H)  ZERO FISCAL NOTE (LAA)                                                                              
                                                                                                                                
BILL: HB  89                                                                                                                    
SHORT TITLE: ADVISORY VOTE ON PF EARNINGS RESERVE ACCT                                                                          
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/10/99       192     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/10/99       192     (H)  STATE AFFAIRS, FINANCE                                                                              
 2/10/99       192     (H)  2 FISCAL NOTES (GOV)                                                                                
 2/10/99       192     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/18/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB  90                                                                                                                    
SHORT TITLE: APPROP: EARNINGS RES. TO BUDGET RESERVE                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/10/99       193     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/10/99       193     (H)  STATE AFFAIRS, FINANCE                                                                              
 2/10/99       193     (H)  2 FISCAL NOTES (REV)                                                                                
 2/10/99       193     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/18/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB  91                                                                                                                    
SHORT TITLE: INCOME TAX: INDIV/ESTATES/TRUSTS                                                                                   
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/10/99       196     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/10/99       196     (H)  STATE AFFAIRS, FINANCE                                                                              
 2/10/99       196     (H)  FISCAL NOTE (REV)                                                                                   
 2/10/99       196     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/18/99      Text     (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE ERIC CROFT                                                                                                       
Alaska State Legislature                                                                                                        
Capitol Building, Room 400                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4998                                                                                                      
POSITION STATEMENT:  Sponsor of HJR 9.                                                                                          
                                                                                                                                
DICK BISHOP, Vice President                                                                                                     
Alaska Outdoor Council                                                                                                          
1555 Gus's Grind                                                                                                                
Fairbanks, Alaska  99709                                                                                                        
Telephone:  (907) 455-6151                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 9.                                                                             
                                                                                                                                
BRIAN JUDY, Liaison for State and Local Affairs                                                                                 
National Rifle Association of America                                                                                           
Institute for Legislative Action                                                                                                
555 Capitol Mall, Suite 455                                                                                                     
Sacramento, California  95814                                                                                                   
Telephone:  (916) 446-2455                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 9.                                                                             
                                                                                                                                
DEL SMITH, Deputy Commissioner                                                                                                  
Department of Public Safety                                                                                                     
P.O. Box 111200                                                                                                                 
Juneau, AK 99811-1200                                                                                                           
Telephone:  (907)  465-4322                                                                                                     
POSITION STATEMENT:  Provided information regarding HJR 9.                                                                      
                                                                                                                                
WILSON CONDON, Commissioner                                                                                                     
Department of Revenue                                                                                                           
P.O. Box 110400                                                                                                                 
Juneau, Alaska 99811-0400                                                                                                       
POSITION STATEMENT:  Testified on HB 89, HB 90 and HB 91.                                                                       
                                                                                                                                
DON RULIEN, CPA                                                                                                                 
1407 West 31st #800                                                                                                             
Anchorage, Alaska 99503                                                                                                         
Telephone:  (907) 272-6522                                                                                                      
POSITION STATEMENT:  Discussed concerns with the state withholding                                                              
                     of crew shares and the filing form.                                                                        
                                                                                                                                
JOHN LETOURNEAU, CPA                                                                                                            
1400 West Benson #400                                                                                                           
Anchorage, Alaska 99503                                                                                                         
Telephone:  (907) 272-1575                                                                                                      
POSITION STATEMENT:  Discussed the reference to the federal income                                                              
                     tax.                                                                                                       
                                                                                                                                
ERIC WEATHERS                                                                                                                   
P.O. Box 1791                                                                                                                   
Cordova, Alaska 99574                                                                                                           
Telephone:  (Not provided)                                                                                                      
POSITION STATEMENT:  Urged the committee not to impose an                                                                       
                     unconstitutional individual income tax.                                                                    
                                                                                                                                
DENNY KAY WEATHERS                                                                                                              
P.O. Box 1791                                                                                                                   
Cordova, Alaska 99574                                                                                                           
Telephone:  (Not provided)                                                                                                      
POSITION STATEMENT:  Urged the committee not to impose an                                                                       
                     unconstitutional individual income tax.                                                                    
                                                                                                                                
ROY CARLSON                                                                                                                     
HC31 Box 5119-TA                                                                                                                
Wasilla, Alaska 99654                                                                                                           
Telephone:  (907) 376-0916                                                                                                      
POSITION STATEMENT:  Discussed taxes with regards to HB 89,                                                                     
                     HB 90 and HB 91.                                                                                           
                                                                                                                                
ALAN LEMASTER                                                                                                                   
P.O. Box 222                                                                                                                    
Gakona, Alaska  99586                                                                                                           
Telephone:  (907) 822-3664                                                                                                      
POSITION STATEMENT:  Disagreed with an income tax.                                                                              
                                                                                                                                
STEVE IRWIN and CHARLOTTE CARROLL                                                                                               
P.O. Box 20537                                                                                                                  
Juneau, Alaska 99802                                                                                                            
Telephone:  (907) 586-2037                                                                                                      
POSITION STATEMENT:  Opposed taxes.                                                                                             
                                                                                                                                
DENNIS PIPER                                                                                                                    
P.O. Box 35394                                                                                                                  
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 790-4139                                                                                                      
POSITION STATEMENT:  Opposed to income tax.                                                                                     
                                                                                                                                
ALVIN EVANS                                                                                                                     
1304 Brittany Place                                                                                                             
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 780-8674                                                                                                      
POSITION STATEMENT:  Displeased about the proposed tax.                                                                         
                                                                                                                                
GREG JERUE                                                                                                                      
P.O. Box 211434                                                                                                                 
Auke Bay, Alaska 99821                                                                                                          
Telephone:  (907) 789-9812                                                                                                      
POSITION STATEMENT:  Opposed tax.                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-3, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIR JEANNETTE JAMES called the House State Affairs Standing                                                                   
Committee meeting to order at 8:05 a.m.  Members present at the                                                                 
call to order were Representatives James, Coghill, Ogan, Whitaker,                                                              
Hudson, Kerttula and Smalley.                                                                                                   
                                                                                                                                
HJR 9 - DESTROY BRADY BILL RECORDS                                                                                              
                                                                                                                                
CHAIR JAMES announced the first order of business would be HJR 9,                                                               
"Urging the President of the United States and the Congress to act                                                              
to ensure that federal agencies do not retain records relating to                                                               
lawful purchase or ownership of firearms gathered through the Brady                                                             
Handgun Bill instant check system."                                                                                             
                                                                                                                                
Number 013                                                                                                                      
                                                                                                                                
REPRESENTATIVE ERIC CROFT explained that HJR 9 addresses the                                                                    
retention of records under the Brady bill, which he characterized                                                               
as a difficult issue and a difficult compromise.  One key element,                                                              
from the perspective of gun owners and the National Rifle                                                                       
Association (NRA), was that none of the records generated by the                                                                
Brady bill concerning lawful gun owners would be retained by the                                                                
governor.  There was no controversy over keeping records on people                                                              
who were found to be illegally attempting to acquire firearms.                                                                  
                                                                                                                                
REPRESENTATIVE CROFT stated, "We've all agreed that that's where                                                                
the focus should be, on keeping guns out of the hands of people who                                                             
should not have them under law.  In that compromise, that clear                                                                 
directive, (indisc.) stated in statute, the Brady bill, concerning                                                              
the instant checks, says:  'If receipt of a firearm would not                                                                   
violate the sections of the bill, the system shall - not may -                                                                  
destroy all records of the system with respect to the call (other                                                               
than the identifying number and the date the number was assigned)                                                               
and all records of the system relating to the person or the                                                                     
transfer.'"                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said he believes the statutory language to be                                                              
clear.  He was surprised to learn that the regulations enacted                                                                  
pursuant to that statute allowed the FBI [Federal Bureau of                                                                     
Investigation] and other government agencies to keep records on                                                                 
lawful gun owners for up to 18 months originally, and under the                                                                 
final regulations up to six months for audit purposes. Therefore,                                                               
he had drafted this resolution, which requests that the public stop                                                             
keeping these records on lawful gun owners but continue to do                                                                   
whatever is necessary on illegal gun owners, or persons attempting                                                              
to acquire guns illegally.  The resolution further asks Congress if                                                             
they deem it necessary to clarify that language by inserting the                                                                
word "immediately."                                                                                                             
                                                                                                                                
Number 092                                                                                                                      
                                                                                                                                
DICK BISHOP, Vice President, Alaska Outdoor Council, testified via                                                              
teleconference from Fairbanks in support of HJR 9 and read the                                                                  
following statement:                                                                                                            
                                                                                                                                
     The Alaska Outdoor Council is vitally interested in the safe                                                               
     and ethical exercise of the individual right to keep and bear                                                              
     arms and we strongly support HJR 9.  We thank Representative                                                               
     Croft for introducing the measure, and his cosponsors for                                                                  
     their strong bipartisan support.  This is an issue that knows                                                              
     no party lines.                                                                                                            
                                                                                                                                
     Regulations mandating retention of data on lawful firearms                                                                 
     purchases under the so-called Brady bill's instant check                                                                   
     provisions are a cynical subversion of the clear meaning of                                                                
     that law.  The law's provision mandating destruction of those                                                              
     records does not mean some Tuesday next week, or six months                                                                
     later.                                                                                                                     
                                                                                                                                
     The purpose of the instant check is to determine if a firearms                                                             
     purchase is legal.  Once that determination is made, there is                                                              
     no rationale under the law for retaining that record.  The                                                                 
     purpose of the law has been fulfilled when attempted illegal                                                               
     purchases are forestalled.                                                                                                 
                                                                                                                                
     As anyone who has worked in or with government knows, it's all                                                             
     too easy for bureaucrats to overlook or ignore statutory                                                                   
     requirements and regulations.  The six-month destruction                                                                   
     deadline easily becomes no deadline, through neglect, or for                                                               
     an ulterior motive.  Or it might be revised in a future                                                                    
     regulation if there's no objection to the initial one, to one                                                              
     year, or five years, or permanent retention.                                                                               
                                                                                                                                
     There's not much good to be said about the Brady bill in my                                                                
     opinion, but at least it was agreed that it was not to be the                                                              
     first step in an all out gun registration system in the                                                                    
     nation.  We applaud the National Rifle Association's legal                                                                 
     challenge to this foot in the door regulation.                                                                             
                                                                                                                                
     I wonder who decided there should be six-month data retention?                                                             
     It appears to fit right in with President Clinton's                                                                        
     patronizing political campaign to demonize all gun owners.                                                                 
                                                                                                                                
     The Alaska Outdoor Council urges the legislature to promptly                                                               
     pass HJR 9.  We also recommend that you transmit the                                                                       
     resolution to every state legislature and every governor, in                                                               
     addition to the distribution outlined in the resolution.                                                                   
                                                                                                                                
Number 154                                                                                                                      
                                                                                                                                
BRIAN JUDY, Liaison for State and Local Affairs, National Rifle                                                                 
Association of America, Institute for Legislative Action, testified                                                             
via teleconference from Sacramento, California, in support of HJR
9.  He said he was speaking on behalf of the 18,000-plus NRA                                                                    
members who live in Alaska.  He echoed Mr. Bishop's comments                                                                    
regarding his appreciation to the cosponsors of HJR 9, who have                                                                 
signed on in an effort to influence Congress and the President to                                                               
eliminate the National Instant Check System (NICS) record keeping,                                                              
which has been unfairly and inappropriately imposed by the FBI.                                                                 
Mr. Judy read the following testimony to provide some background:                                                               
                                                                                                                                
     In 1993, the NRA worked closely with Congress in drafting the                                                              
     law which created the National Instant Check System in an                                                                  
     effort to ensure the privacy of firearm owners.  In one of the                                                             
     provisions which was paramount importance to the NRA was the                                                               
     one requiring the destruction of records, it's Section 922 of                                                              
     Title 18.  And this law requires that the instant check                                                                    
     system, and I quote now, 'shall...destroy all records of the                                                               
     system with respect to the call and all records of the system                                                              
     relating to the person or the transfer.'  There are two small                                                              
     things that are allowed to be maintained, that is the                                                                      
     identifying number of the transaction and the transaction                                                                  
     date.  And the whole point of keeping that unique                                                                          
     identification number and the date was so they would have an                                                               
     audit log.                                                                                                                 
                                                                                                                                
     The legislative intent was clear that immediate destruction of                                                             
     the personal information pertaining to the perspective                                                                     
     purchaser would be destroyed [noise - teleconference line].                                                                
                                                                                                                                
     This is further evidenced by another section of the law which                                                              
     went on to specify, ... 'No department, agency, officer, or                                                                
     employee of the United States may require that any record or                                                               
     portion thereof generated by the system established under this                                                             
     section be recorded at or transferred to a facility owned,                                                                 
     managed, or controlled by the United States...; nor could they                                                             
     use the system established under this section to establish any                                                             
     system for the registration of firearms, firearm owners, or                                                                
     firearm transactions or dispositions, except with respect to                                                               
     a person prohibited ... from receiving a firearm.'                                                                         
                                                                                                                                
     Now, clearly, the only information which can be maintained by                                                              
     these systems, other than those unique identification numbers                                                              
     and the transaction dates, is information on the bad guys,                                                                 
     information on people who are prohibited from possessing                                                                   
     firearms and who are illegally attempting to acquire firearms                                                              
     through this system.                                                                                                       
                                                                                                                                
     History has shown, over and over again, how firearm                                                                        
     registration systems have led to firearm confiscation                                                                      
     mandates.  Law-abiding firearm owners clearly understand that                                                              
     the creation of a gun registration system is a major step                                                                  
     toward the destruction of the Second Amendment.                                                                            
                                                                                                                                
     The NRA urges you to support HJR 9 sending a strong message to                                                             
     Washington, D.C. that federal bureaucrats are not, and should                                                              
     not act above the law, and that the integrity o the Second                                                                 
     Amendment must be preserved.                                                                                               
                                                                                                                                
Number 225                                                                                                                      
                                                                                                                                
DEL SMITH, Deputy Commissioner, Department of Public Safety,                                                                    
appearing at Representative Croft's request, said that since the                                                                
Brady law went into effect, with the exception of a couple of                                                                   
county sheriffs in the Lower 48, local and state chief law                                                                      
enforcement officers were responsible for doing Brady checks until                                                              
a court decision by the supreme court in 1997.  Mr. Smith did not                                                               
believe there was a problem with law enforcement administrators in                                                              
Alaska running a Brady check.  He said law enforcement                                                                          
administrators got rid of all of the attendant paperwork.  He                                                                   
informed the committee that prior to his current job, he conducted                                                              
some audits for the Department of Public Safety on NICS compliance.                                                             
                                                                                                                                
MR. SMITH stated, "In the agencies that I checked, there certainly                                                              
were no records relative to the Brady.  When I had questioned a                                                                 
transaction, they said that's a Brady check."  He acknowledged that                                                             
there was no way to confirm whether a transaction had a legitimate                                                              
Brady check or not.  The state of Alaska and local law enforcement                                                              
have always understood that information from Brady checks were to                                                               
be destroyed immediately.                                                                                                       
                                                                                                                                
REPRESENTATIVE OGAN asked if the sheriffs were the ones that sued                                                               
and ultimately won the case to repeal.                                                                                          
                                                                                                                                
Number 250                                                                                                                      
                                                                                                                                
MR. SMITH replied yes.  He believed that a Montana sheriff and an                                                               
Arizona sheriff refused to do the Brady checks.  The supreme court                                                              
ruled that local law enforcement was not obligated to do the                                                                    
checks.                                                                                                                         
                                                                                                                                
REPRESENTATIVE OGAN asked if the Department of Public Safety has                                                                
pursued any of the convicted felons who have attempted to buy                                                                   
firearms.  He noted that convicted felons are not allowed to                                                                    
purchase firearms.                                                                                                              
                                                                                                                                
MR. SMITH was not familiar with any individual cases.                                                                           
                                                                                                                                
REPRESENTATIVE OGAN asked whether it is illegal for a convicted                                                                 
felon to attempt to purchase a weapon, and whether troopers have                                                                
been dispatched in such an instance.                                                                                            
                                                                                                                                
MR. SMITH confirmed that convicted felons are not authorized to                                                                 
purchase a weapon.  He suspects charges could be filed if a                                                                     
convicted felon attempted to do so.  Mr. Smith reiterated that he                                                               
was unaware of a trooper, a member of the Anchorage Police                                                                      
Department or any other local officer being dispatched to any                                                                   
particular location.  For a NICS check, it takes three days for a                                                               
response.  Therefore the individual may not receive the refusal                                                                 
right away.                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN requested that Mr. Smith let him know if it is                                                              
illegal for convicted felons to attempt to buy a weapon.  He asked                                                              
whether there has been a follow-up on those few illegal attempts.                                                               
                                                                                                                                
REPRESENTATIVE HUDSON asked what Mr. Smith would do with the                                                                    
records of someone who unlawfully attempted to purchase a firearm.                                                              
He asked whether the records would be maintained?                                                                               
                                                                                                                                
Number 295                                                                                                                      
                                                                                                                                
MR. SMITH said there might be some potential for a criminal                                                                     
prosecution, in which case one would need the transaction to                                                                    
support the police report and any potential prosecution relative to                                                             
that.                                                                                                                           
                                                                                                                                
REPRESENTATIVE HUDSON asked, "From the records then, have you had                                                               
a number of those in Alaska in the last year?"                                                                                  
                                                                                                                                
MR. SMITH noted that there have been refusals.  He indicated                                                                    
numbers are available for the entire five years because the                                                                     
Department of Public Safety keeps Brady statistics.                                                                             
                                                                                                                                
REPRESENTATIVE HUDSON implied the law is working to keep firearms                                                               
out of the hands of some of the unlawful recipients.                                                                            
                                                                                                                                
MR. SMITH agreed that the Brady checks have prevented people who                                                                
were prohibited by law from buying weapons.  He estimated that 50                                                               
to 100, or potentially more, people have been prevented from                                                                    
purchasing a weapon.                                                                                                            
                                                                                                                                
Number 322                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON moved to report HJR 9 out of committee with                                                               
individual recommendations and the accompanying zero fiscal note.                                                               
There being no objection, HJR 9 moved from the House State Affairs                                                              
Standing Committee.                                                                                                             
                                                                                                                                
                                                                                                                                
HB  45-INITIATIVE/REFERENDUM PETITIONS                                                                                          
HJR  7-CONST AM: INITIATIVE/REFERENDUM PETITIONS                                                                                
                                                                                                                                
CHAIR JAMES announced that HB 45, "An Act relating to initiative                                                                
and referendum petitions; and providing for an effective date," and                                                             
HJR 7, proposing an amendment to the Constitution of the State of                                                               
Alaska relating to initiative and referendum petitions, have been                                                               
assigned to a subcommittee.  She appointed Representatives Hudson,                                                              
Smalley and herself to serve on the subcommittee, which would meet                                                              
on Friday.                                                                                                                      
                                                                                                                                
HB  77-JOINT ARMED SERVICES COMMITTEE                                                                                           
                                                                                                                                
CHAIR JAMES also stated she would like to waive HB 77, "An Act                                                                  
relating to the Joint Armed Services Committee, a permanent interim                                                             
committee of the Alaska State Legislature; and providing for an                                                                 
effective date."  Hearing no objection, she noted that it would be                                                              
waived on the House Floor.                                                                                                      
                                                                                                                                
HB 89 - ADVISORY VOTE ON PF EARNINGS RESERVE ACCT                                                                               
HB 90 - APPROP: EARNINGS RES. TO BUDGET RESERVE                                                                                 
HB 91 - INCOME TAX: INDIV/ESTATES/TRUSTS                                                                                        
                                                                                                                                
Number 350                                                                                                                      
                                                                                                                                
CHAIR JAMES announced the following bills would be presented as a                                                               
package:  HB 89, "An Act authorizing an advisory vote on the use of                                                             
the Alaska permanent fund earnings reserve account; relating to                                                                 
certain procedures for the special election; and providing for an                                                               
effective date"; HB 90, "An Act making a special appropriation from                                                             
the earnings reserve account of the Alaska permanent fund to the                                                                
constitutional budget reserve fund; and providing for an effective                                                              
date"; and HB 91, "An Act relating to taxation, including taxation                                                              
of income of individuals, estates, and trusts; and providing for an                                                             
effective date."                                                                                                                
                                                                                                                                
CHAIR JAMES called an at-ease at 8:25 a.m. in order to set up the                                                               
projector.  The committee came back to order at 8:30 a.m.                                                                       
                                                                                                                                
Number 390                                                                                                                      
                                                                                                                                
WILSON CONDON, Commissioner, Department of Revenue, appeared before                                                             
the committee with respect to HB 89, 90 and 91, which together                                                                  
represent the Governor's package pertaining to the state's current                                                              
fiscal situation and possible solutions.  He pointed out that all                                                               
Alaskans do not believe there is a problem.  Therefore, the                                                                     
discussion should first address whether there is a problem, and if                                                              
so, identify it.  Commissioner Condon suggested comparing Alaska's                                                              
revenue portfolio in 1975, two years before the North Slope                                                                     
production began, to the state's revenue portfolio in 1998.  In                                                                 
fiscal year (FY) 1975, $330 million of the state's revenue was from                                                             
the oil industry.  He stated, "We, of course had an oil and gas                                                                 
(indisc. - noise) we had a corporate income tax then as we do now,                                                              
we had a number of sales and use taxes, principally pertaining to                                                               
tobacco, alcohol.  We had some natural resource taxes, we had                                                                   
earnings on the money that was invested in our treasury and we had                                                              
an individual income tax that provided just a little over a quarter                                                             
of the state's revenue at that time."                                                                                           
                                                                                                                                
COMMISSIONER CONDON moved forward 25 years to look at Alaska's                                                                  
revenue portfolio for the most recently completed fiscal year,                                                                  
which illustrates that Alaska has become much more dependent on oil                                                             
revenue.  He noted that the state has no corporate income tax but                                                               
has some sales and use taxes, and other natural resource taxes.  He                                                             
further noted that the individual income tax was repealed in 1980.                                                              
                                                                                                                                
Number 444                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON presented a slide depicting Alaska's revenue                                                                
proportions, oil and non-oil, from 1975 through 1998.  Roughly 30                                                               
percent of the state's revenue depended on oil in 1975.  As a                                                                   
consequence of the bounty of the North Slope, lots of oil and high                                                              
prices, Alaska became a very rich state and very dependent on oil                                                               
revenues.  Commissioner Condon pointed out that for many years                                                                  
Alaska was over 80 percent dependent on oil and gas industry                                                                    
revenues.  Currently the proportion has fallen below 80 percent.                                                                
The change in proportion reflects the drop in oil revenue and                                                                   
consequently the drop in the proportion.  Non-oil revenues remain                                                               
relatively stable, close to $500 million a year, as has been the                                                                
case for the last decade.                                                                                                       
                                                                                                                                
COMMISSIONER CONDON said the news media have focused on the low oil                                                             
prices and amplified the problem.  North Slope production in 1998                                                               
was a little over 2 million barrels a day.  Today, North Slope                                                                  
production has dropped below 1.2 million barrels a day, a 40                                                                    
percent drop in production and roughly a 40 percent drop in oil                                                                 
revenue, whatever the price or revenues happen to be.  This decline                                                             
began in 1988 and will continue after 2000.  Commissioner Condon                                                                
forecasts a small bump-up after 2000, but believes it likely that                                                               
following 2003 the decline would continue unless there are some new                                                             
major discoveries on the North Slope, or oil prices went very high                                                              
so that it was economic to develop some of the known resources that                                                             
are there, but (indisc.) on economic to develop today.  So, that is                                                             
the part of the story that doesn't get talked about a lot, but                                                                  
which really drives the long-term structural difficulty that we've                                                              
got to deal with.  We've become very dependent on oil revenue and                                                               
oil production has dropped almost in half over the decade from 1988                                                             
to today."                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON pointed out that since the oil price crash at                                                               
the end of 1985 and the beginning of 1986, prices have averaged                                                                 
$16.50 per barrel at the destinations where Alaskan North Slope                                                                 
crude oil is delivered to refineries.  The price is currently                                                                   
hovering around $10 a barrel, with a forecast for the average price                                                             
to be in the mid-$11 range for the upcoming fiscal year.  It is                                                                 
expected that fiscal year 2000 will see prices around $12.50 a                                                                  
barrel, increasing into the low-$16 range around FY 2003.  The need                                                             
for changes in the industry has always been there, but declining                                                                
prices have moved that quest a couple of years closer than it was.                                                              
                                                                                                                                
Number 548                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON referred to a table that compared total state                                                               
general fund revenue for FY 1998 and FY 1999.  He detailed the 20                                                               
mil property tax imposed on the oil industry statewide; the                                                                     
corporate income tax levied on the oil and gas industry; the                                                                    
severance tax; and revenue from royalties for the North Slope and                                                               
Cook Inlet state-owned land.  He pointed out the non-oil revenues,                                                              
between $450 and $500 million, expected in FY 1999.  He said the                                                                
total revenue for FY 1998 was $1.827 billion, and the projected                                                                 
1999 figure is almost $1.3 billion.                                                                                             
                                                                                                                                
COMMISSIONER CONDON then directed attention to the expenditure side                                                             
of the general fund over the last decade.  In 1992-1993, the                                                                    
unrestricted general fund budget pushed $3 billion, declined to a                                                               
$2 billion to $2.5 billion figure, and is currently at $1.3                                                                     
billion.  He agreed that the budget deficit is larger than it has                                                               
been over the last few years; however, the same structural problem                                                              
has been present most of the decade.  Spending has averaged $4                                                                  
million to $5 million more than the general fund revenue each year.                                                             
The warrants did not bounce, he added, because the state was able                                                               
to turn to a savings account created in 1990, the Constitutional                                                                
Budget Reserve (CBR) fund.  This fund contained proceeds from the                                                               
settlements of disputes about taxes and royalties pertaining to the                                                             
mineral industries, principally the oil and gas industry.                                                                       
                                                                                                                                
COMMISSIONER CONDON referred to a table showing the history and                                                                 
projections of the CBR fund.  He said after the fund was created in                                                             
1990, almost $5 billion in various settlement revenue was                                                                       
deposited.  The fund was invested and earned income, and funds were                                                             
not withdrawn to balance the budget in 1991 or 1992.  Beginning in                                                              
1993, however, the state began to draw on the CBR to balance the                                                                
budget.  Over the next six years, amounts were withdrawn each                                                                   
fiscal year through 1998, and the balance at the end of FY 1998 was                                                             
between $3.5 and $3.6 billion.  With the withdrawals the state has                                                              
had to make so far this year, the balance is a little under $3                                                                  
billion.  More disputes are expected to settle, resulting in more                                                               
deposits for this fund, and these are projected at a little over                                                                
$100 million a year over the next five fiscal years.  Based on                                                                  
current oil projections, in terms of price and volume, the draw on                                                              
the CBR will be approximately $1.1 billion this year, almost $1.1                                                               
billion for fiscal year 2000, and then in the high $800 million                                                                 
range for the next three years.  If that happens, the fund will be                                                              
exhausted some time in early fiscal year 2003.                                                                                  
                                                                                                                                
Number 686                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON asked if the committee could get a copy of                                                                
all of the slides in the order they were presented.                                                                             
                                                                                                                                
COMMISSIONER CONDON agreed to that.  He continued his presentation                                                              
by stating, "If we flat-line the budget, and if we are right on our                                                             
forecast about oil prices and volumes, then we are going to run out                                                             
of our CBR fund in February of 2003."  He added, "If we were to                                                                 
slightly increase the budget at 2 percent a year, we would exhaust                                                              
our CBR fund in December of 2001.  If our budget levels are set at                                                              
the level that will pertain to the plan that the legislative                                                                    
majority has been following for the last three years, with a $40                                                                
million cut this year and a $30 million cut next year, and oil                                                                  
stays at $10.50 a barrel, then we will exhaust the CBR in April of                                                              
2002."  He further stated, "If we average $16.50 a barrel this year                                                             
and following years, we would get out to May 2004."   He emphasized                                                             
that this problem exists because the state became so dependant on                                                               
oil revenue and oil production is dropping.                                                                                     
                                                                                                                                
TAPE 99-3, SIDE B                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON outlined various considerations made by                                                                     
Governor Knowles, reflected in this proposed legislation.  The                                                                  
first was whether the state can balance the budget on a sustainable                                                             
basis, and if so, whether it shouldn't be done.  He agreed that                                                                 
budget reductions must be responsible, and that it should be                                                                    
determined what services should and must be provided to Alaskans.                                                               
Commissioner Condon cited another consideration as the health of                                                                
Alaska's economy, in which government plays a large role.  He said                                                              
Alaska is often compared to Alberta, Canada, where the government                                                               
had restructured its budget.  However, Alberta's economy is very                                                                
different from Alaska's economy; there are not many people waiting                                                              
to employ Alaska's public sector workers if they are suddenly out                                                               
on the job market.  Commissioner Condon reiterated that budget                                                                  
reductions must be responsible.  He said public officials'                                                                      
responsibility goes to public services, as well as to the place of                                                              
government in the economy.                                                                                                      
                                                                                                                                
Number 079                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON identified the third principle as maintaining                                                               
a healthy permanent fund dividend (PFD), which is important to the                                                              
Governor.  Fourth is the growth of the state's savings accounts.                                                                
He indicated the need with to avoid simply funding savings.  He                                                                 
said if new taxes are necessary, the Governor believes that any new                                                             
tax should be fair and broad-based.  Commissioner Condon recognized                                                             
that people have differing views of fairness.  He pointed out that                                                              
any broad-based tax includes the questions of horizontal equity,                                                                
neighbor comparisons, and vertical equity; he mentioned the                                                                     
progressiveness of a tax system.  He emphasized the importance to                                                               
the Governor of not changing the PFD program without a vote of the                                                              
people.                                                                                                                         
                                                                                                                                
COMMISSIONER CONDON discussed tools to address a $1 billion-plus                                                                
deficit today, with a $800 million deficit in the future.  He noted                                                             
that everyone wants as large a PFD as possible, and no one wants to                                                             
pay taxes if it can be avoided.  Therefore, he surmised that most                                                               
would say that if expenditures could be cut, that route should be                                                               
chosen.  He said the general fund operating budget is a little over                                                             
&2.2 billion, and the state has a $1 billion problem.                                                                           
                                                                                                                                
COMMISSIONER CONDON utilized an overhead that separated the general                                                             
fund operating budget into more manageable areas.  One area is the                                                              
core state government, which includes the legislature, the courts,                                                              
executive branch agencies, and state employees around the state.                                                                
The core state government will spend approximately $780 million in                                                              
the FY 1999 general operating budget.  Due to a policy chosen many                                                              
years ago, the majority of local schools have been funded out of                                                                
the state treasury.  Most states contribute to a considerable                                                                   
portion of local school budgets from the state's treasury.  Alaska                                                              
contributes to elementary and secondary education out of the state                                                              
treasury on a percentage basis.  Commissioner Condon noted that                                                                 
although assistance to local governments is still provided, that                                                                
assistance has shrunk significantly over the years.  A significant                                                              
portion of the university's budget, $172 million in FY 1999, is                                                                 
provided from the general fund.                                                                                                 
                                                                                                                                
Number 220                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON noted that nonprofits provide services such as                                                              
health services statewide; the $110 million in grants to nonprofits                                                             
and independent agencies should be viewed as a part of core state                                                               
government.  He referred to the formula programs, social safety net                                                             
programs such as Adult Public Assistance, the Alaska Temporary                                                                  
Assistance Program, Medicaid and the Longevity Bonus Program.  He                                                               
said if the legislature and court systems were shut down, as well                                                               
as the nonprofit agency programs, but if the social safety net was                                                              
continued, along with local schools and the university system,                                                                  
there still wouldn't be enough to close the gap.                                                                                
                                                                                                                                
Number 252                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN pointed out that the general operating budget                                                               
reflects $2.2 billion, while the actual spending - considering the                                                              
off-budget items, federal pass-through and total state spending -                                                               
is $6.2 billion.  He asked where the rest of the money is going.                                                                
                                                                                                                                
COMMISSIONER CONDON explained that the $6 million budget includes                                                               
the dividend, which is $900 million, and inflation proofing, which                                                              
is about $300 million at today's inflation rate.  If just talking                                                               
about the operating budget, he believes the number comes back to a                                                              
little over $4 billion.  He indicated it is $2 to $3 billion of                                                                 
general fund, with roughly one billion of federal money; another                                                                
billion shows up in the appropriation bill, the off-budget part of                                                              
this.  He said $200 million has "already been appropriated to an                                                                
agency and then is sent to another agency and the legislature wants                                                             
to control that, as they should."                                                                                               
                                                                                                                                
COMMISSIONER CONDON pointed out that the legislature appropriated                                                               
$14-$15 million to operate the Child Support Enforcement Program,                                                               
which requires the heavy use of lawyers.  About $1 million is used                                                              
for legal services to that program.  Therefore, the Department of                                                               
Law's budget reflects that $1 million moving from the Department of                                                             
Revenue to the Department of Law to operate the Child Support                                                                   
Enforcement Program.  Commissioner Condon explained, "So, $15                                                                   
million is appropriated to us, and then of that 15, another million                                                             
is appropriated over to the Department of Law.  And that activity                                                               
throughout state government, whether you're talking the provision                                                               
by the Department of Law's legal services, the way we handle the                                                                
use of data processing in our budget, and so on - the billing of                                                                
Department of Transportation personnel to individual capital                                                                    
projects and so on.  When you add all of that up, it's about $200                                                               
million of the billion dollars.  Then we have all of the                                                                        
independent corporations and the money that they spend, the                                                                     
permanent fund, the housing finance corporation, the Alaska                                                                     
Industrial Development and Export Authority, the Municipal Bond                                                                 
Bank, the student loan corporation."                                                                                            
                                                                                                                                
COMMISSIONER CONDON said the legislature controls the budgets for                                                               
all of those corporations mentioned.  Those corporations generate                                                               
revenue that is intended to be used to run the program.  If                                                                     
attempts are made to obtain the revenue generated from those                                                                    
corporations to utilize in other departments, those quasi-business                                                              
entities will disappear along with the money.  Commissioner Condon                                                              
acknowledged the importance of the legislature's controlling the                                                                
expenditure of this money since the legislature is the policy                                                                   
maker.  From a revenue forecasting perspective, Commissioner Condon                                                             
found $110-$120 million that was not included in the general fund                                                               
revenue forecast for FY 1998.  He emphasized the importance to                                                                  
determine the correct number in order that the discussion can move                                                              
forward to address the problem.  Commissioner Condon said, "I                                                                   
believe ... that maybe it's a $100 million smaller than what I've                                                               
testified to, but it is not a $1 billion smaller, and you got a $1                                                              
billion problem, and maybe it's $900 million."                                                                                  
                                                                                                                                
Number 336                                                                                                                      
                                                                                                                                
CHAIR JAMES said she believes this exercise to be extremely                                                                     
important for everyone.  Noting that state spending is $6 million,                                                              
recognizing other federal spending, military spending, and private                                                              
sector spending, she asked what the top amount of money is in the                                                               
state that fuels our economy, and what portion the $6 million is of                                                             
that.                                                                                                                           
                                                                                                                                
COMMISSIONER CONDON said he did not know.                                                                                       
                                                                                                                                
REPRESENTATIVE HUDSON said about $15 billion total in the state.                                                                
                                                                                                                                
CHAIR JAMES asked if that included the $6 billion.                                                                              
                                                                                                                                
REPRESENTATIVE HUDSON replied yes.                                                                                              
                                                                                                                                
COMMISSIONER CONDON told members he did not have those figures but                                                              
would provide them.  He added that all available options take money                                                             
from the Alaska economy somewhere.                                                                                              
                                                                                                                                
Number 396                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL referred to the core state government and                                                                
the dedicated funds that are off-budget.  He asked whether the                                                                  
retirement funds are dedicated funds or fall under the core state                                                               
government.                                                                                                                     
                                                                                                                                
COMMISSIONER CONDON said they are dedicated funds.  The ongoing                                                                 
contributions taken out of employee paychecks and the state match                                                               
are reflected in the core state government.  Persons receiving a                                                                
retirement check are not reflected in the core state government,                                                                
nor are the funds used to pay the management fees for managing the                                                              
money in the retirement portfolio or administrative costs of the                                                                
Division of Retirement and Benefits and the Department of                                                                       
Administration.  Benefits paid to state employees other than the                                                                
retirement benefits are included in the core state government                                                                   
funds.                                                                                                                          
                                                                                                                                
REPRESENTATIVE OGAN pointed out that if money is taken out of the                                                               
economy by a tax, that takes the money out of the private sector                                                                
economy and places it in the government economy, which helps                                                                    
Juneau.  He said the $6 billion contains $2 billion of the                                                                      
permanent fund, which results in $4 billion with federal                                                                        
pass-through.   He agreed with Commissioner Condon that the budget                                                              
gap cannot be closed by laying off every state employee; he                                                                     
suggested, however, that if some programs were eliminated, progress                                                             
could be made towards closing the budget gap.  Alaska provides many                                                             
programs that other states do not offer.  If some of those programs                                                             
were eliminated, the budget could possibly be seriously reduced.                                                                
                                                                                                                                
COMMISSIONER CONDON acknowledged that the budget could be reduced                                                               
by cutting programs, but it is difficult to take a significant                                                                  
proportion of $1 billion out of programs without eliminating a                                                                  
large percentage of the functions of state government.                                                                          
                                                                                                                                
Number 452                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL agreed, but pointed out that a $4 billion                                                                
gap would result in a $12,000 burden for each person in Alaska.                                                                 
                                                                                                                                
COMMISSIONER CONDON concurred.  He said the point is how far one                                                                
can cut and still maintain responsibility to Alaska's citizens.                                                                 
                                                                                                                                
Number 463                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON turned to the permanent fund as a possible tool                                                             
for decreasing the budget gap.  He said the income of the permanent                                                             
fund, which has a market value of $25 billion, is projected to                                                                  
surpass oil revenues after 1998.  Thinking of the permanent fund as                                                             
an endowment, he asked how much could be taken from it for                                                                      
dividends while preserving the purchase power of the fund.  Setting                                                             
aside the formula specified in statute, Commissioner Condon said                                                                
the purchase power of the fund could be preserved while taking out                                                              
5 percent of the market value of the fund annually.  With regard to                                                             
endowments across the country, some universities invest more                                                                    
aggressively than the permanent fund does; those universities                                                                   
strive for 5.25 percent payout per year.                                                                                        
                                                                                                                                
COMMISSIONER CONDON said he did not believe it likely that                                                                      
investing at a risk level that would generate more than 5 percent                                                               
per year would be tolerated, however.  If 5 percent were taken from                                                             
the permanent fund and investments were made at the current risk                                                                
level, the fund would be inflation-proofed.  He noted that 5                                                                    
percent of $25 billion is $1,250,000,000 per year.  Taking 4                                                                    
percent from the permanent fund would result in $1 billion per                                                                  
year.  If public spending was not touched and the permanent fund                                                                
was utilized for $800 million a year to pay government expenses,                                                                
the dividend program would be cut in half.  He mentioned the desire                                                             
to maintain the dividend program close to its level today, saying                                                               
only $400-$500 million would be available.                                                                                      
                                                                                                                                
Number 530                                                                                                                      
                                                                                                                                
CHAIR JAMES inquired as to the statutory amount placed in the                                                                   
dividend from the oil revenues.                                                                                                 
                                                                                                                                
COMMISSIONER CONDON said approximately $100 million per year in                                                                 
today's oil prices, placed in the principal of the fund.                                                                        
                                                                                                                                
REPRESENTATIVE OGAN referred to the graph provided by Commissioner                                                              
Condon, which illustrates over the last 20 years quite a few peaks.                                                             
He said the portion referring to the next 20 years indicates a                                                                  
pessimistic view with regards to the price of oil.  He asked                                                                    
whether that information is politically motivated.                                                                              
                                                                                                                                
COMMISSIONER CONDON said no.  The graph is an honest professional                                                               
judgment about oil prices and oil production volumes.  There has                                                                
been a price of $40 per barrel for oil, which may happen again, but                                                             
at a production level much lower than that earlier $40-per-barrel                                                               
production level.  He said the fiscal gap cannot be solved with the                                                             
permanent fund, if the dividend is to be preserved; the Governor                                                                
believes it is important to preserve the PFD program and does not                                                               
believe the fiscal gap could be resolved with a combination of                                                                  
budget cuts and the permanent fund; therefore, there must be some                                                               
manner in which to raise public revenue.  The Governor believes                                                                 
that should be accomplished through a broad-based tax.                                                                          
                                                                                                                                
Number 569                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON used an overhead to compare Alaska's tax                                                                    
program with an average of all the state's tax programs.  For 1998,                                                             
Alaska's oil and gas tax revenues, except the oil and gas corporate                                                             
income tax, constituted almost 60 percent of the state's tax                                                                    
revenue, or over 70 percent when the oil and gas corporate income                                                               
tax is included.  Alaska's taxes rely heavily on the oil and gas                                                                
industry.  Alaska does receive some property tax revenue, some                                                                  
excise tax revenue, and corporate income from oil and gas as well                                                               
as outside oil and gas, and some other small taxes.  On average,                                                                
one-third of the tax revenue in other states comes from sales and                                                               
income taxes.                                                                                                                   
                                                                                                                                
COMMISSIONER CONDON presented the next overhead; it illustrated the                                                             
entire public revenue picture for Alaska, including the nontaxed                                                                
revenue and federal revenue, in comparison to other states.  He                                                                 
said other states turn to broad-based taxes for a little less than                                                              
20 percent of their revenue; Alaska does not take that approach.                                                                
Five states do not have a state sales tax, and seven states do not                                                              
have an individual income tax.  Tennessee and New Hampshire have an                                                             
individual income tax that is only imposed on interest in                                                                       
dividends, not on wages and salaries.  In general, those states                                                                 
with individual income taxes apply them to wages, salaries and                                                                  
investment income.  Alaska is the only state without a statewide                                                                
sales tax nor a statewide individual income tax.                                                                                
                                                                                                                                
Number 627                                                                                                                      
                                                                                                                                
COMMISSIONER CONDON, in response to Representative Ogan, agreed to                                                              
provide a graph that illustrates how much each individual was paid                                                              
with respect to their income and number of dependents.  He alluded                                                              
to a scenario with $350 million in taxes; he asked what kind of                                                                 
per-capita state income tax load Alaskans would carry, relative to                                                              
people in other states.  He said under the aforementioned scenario,                                                             
Alaska falls in the middle.                                                                                                     
                                                                                                                                
Number 0648                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER said he did not believe this would be a                                                                 
per-capita tax, but that a significant portion of the population                                                                
would be excluded.  He expressed interest in having information                                                                 
that showed what those actually paying the tax would pay.                                                                       
                                                                                                                                
COMMISSIONER CONDON acknowledged that who pays, relative to who                                                                 
does not, is important.  He indicated that he would need to have                                                                
some slides regarding that information as this discussion                                                                       
continues.  Commissioner Condon suggested the committee would                                                                   
conclude that the Governor's proposal is very progressive with                                                                  
regard to who pays the tax.  The Governor invites comments on the                                                               
fairest manner in which to raise tax revenue on a broad base.                                                                   
                                                                                                                                
Number 677                                                                                                                      
                                                                                                                                
DON RULIEN, CPA [Certified Public Accountant], testified via                                                                    
teleconference from Anchorage.  Mr. Rulien expressed concern with                                                               
the state withholding on crew shares.  Currently federal law                                                                    
requires fishermen to issue a 1099 form for earnings of $600 or                                                                 
more per fisherman.  To change this to "all earnings from every                                                                 
crew member" will be difficult.  Mr. Rulien also expressed concern                                                              
with how these fishermen would be trained to do this, which may                                                                 
result in a large cost to the state.  He mentioned the three-mile                                                               
limit and the different reporting requirements for withholding; he                                                              
further mentioned review of the filing of these tax forms.  He said                                                             
newspapers have reported that the form will be the size of a                                                                    
postcard, but in order to come up with a state income tax portion                                                               
based on the federal filing, many computations will be required.                                                                
Mr. Rulien believes a closer look at the form is necessary.  For                                                                
CPAs, a state income tax will require more work.                                                                                
                                                                                                                                
JOHN LETOURNEAU, CPA, testified via teleconference from Anchorage.                                                              
If adoption of a tax is chosen, he suggested that the statutory                                                                 
language tie the tax more directly to the Internal Revenue Code                                                                 
than it does currently.  The proposed legislation includes language                                                             
referring to the federal income tax, which he believes was not a                                                                
defined term under the Internal Revenue Code.                                                                                   
                                                                                                                                
TAPE 99-4, SIDE A                                                                                                               
Number 005                                                                                                                      
                                                                                                                                
MR. LETOURNEAU stated, "If this deletion were ... to make it into                                                               
law, it appears to me ... that our ability to look to the                                                                       
well-developed set of law under the Internal Revenue Code would be                                                              
removed.  And we would now be pretty much ... at the mercy of                                                                   
looking to the lesser body of law in the state of Alaska, which if                                                              
we were to search for guidance would require more regulations,                                                                  
which would imply a broadening of the ... state's requirement to                                                                
provide information, which kind of appears to be contra to                                                                      
lessening the burdens of government."  Mr. Letourneau said he would                                                             
forward to the committee both his testimony and his suggested                                                                   
technical amendments.                                                                                                           
                                                                                                                                
DENNY KAY WEATHERS testified via teleconference from Cordova.  She                                                              
first read the testimony of her husband, Eric Weathers, which                                                                   
follows.                                                                                                                        
                                                                                                                                
ERIC WEATHERS:                                                                                                                  
                                                                                                                                
     The state can only tax something they create.  They cannot tax                                                             
     "people" because they did not create them.                                                                                 
                                                                                                                                
     The state can tax corporations and individuals who work for                                                                
     the state and municipalities because their source of income                                                                
     was created by the government.                                                                                             
                                                                                                                                
     The state may tax the permanent fund because it is state-owned                                                             
     and created.                                                                                                               
                                                                                                                                
     The only thing a tax will do is to make more government and                                                                
     more government spending, and can only be paid by those who                                                                
     are employed and/or benefit from that government.                                                                          
                                                                                                                                
     An unconstitutional tax on private businesses and "people"                                                                 
     will generate more tax consuming public servants and welfare.                                                              
     If a tax is to be imposed, it must be apportioned.  For                                                                    
     example, if I pay $100 everyone else will each pay their $100.                                                             
                                                                                                                                
     When government taxes "We the People," the government becomes                                                              
     the master and the "people" the slaves.                                                                                    
                                                                                                                                
     The IRS cannot tax a private persons just compensation without                                                             
     deceit, and neither can the state.                                                                                         
                                                                                                                                
     Remember that the "people" created the Constitution and                                                                    
     government for the people's use and it is the right of the                                                                 
     "people" to alter or abolish it, and to institute a new                                                                    
     government if the government becomes too repressive.                                                                       
                                                                                                                                
     I strongly urge you not to impose an unconstitutional                                                                      
     individual income tax.  Thank you for the opportunity to                                                                   
     testify.                                                                                                                   
                                                                                                                                
Number 088                                                                                                                      
                                                                                                                                
MS. WEATHERS read her own testimony into the record as follows:                                                                 
                                                                                                                                
     The Constitution of the United States of America recognizes                                                                
     two classes of taxes.  The first one is the "direct" tax                                                                   
     authorized by Congress under ...                                                                                           
                                                                                                                                
     Article 1; Section 2, Clause 3:  "Representatives and direct                                                               
     taxes shall be apportioned among the several states which may                                                              
     be included within this Union, according to their respective                                                               
     numbers ..." and,                                                                                                          
                                                                                                                                
     Article 1, Section 9, Clause 4:  "No Capitation, or other                                                                  
     direct taxes shall be laid, unless in proportion to the census                                                             
     or enumeration herein before directed to be taken."                                                                        
                                                                                                                                
     The second one is "indirect" taxation authorized by Congress                                                               
     under ...                                                                                                                  
                                                                                                                                
     Article 1, Section 8, Clause 1:  "The Congress shall have                                                                  
     power to lay and collect taxes, duties, imposts and excises to                                                             
     pay the debts and provide for the common defense and general                                                               
     welfare of the Unites States; but all duties, imposts and                                                                  
     excises shall be uniform throughout the United States."                                                                    
                                                                                                                                
     The State of Alaska also recognizes direct and indirect taxes                                                              
     and I believe the State recognizes "franchise taxes" too ...                                                               
                                                                                                                                
     Franchise tax:  An annual tax on the privilege of doing                                                                    
     business in the state.  A tax on the franchise of a                                                                        
     corporation ....                                                                                                           
                                                                                                                                
     All three taxes mentioned above are constitutional taxes.  But                                                             
     HB 91 is not a direct tax nor a indirect tax and it does not                                                               
     fall under the franchise tax.  What type of tax is contained                                                               
     in HB 91?                                                                                                                  
                                                                                                                                
     Our government in Alaska seems to want to reward the                                                                       
     unproductive and penalize the producer.  Politicians have been                                                             
     writing laws designed to confiscate the fruit of the working                                                               
     peoples labor and use those confiscated dollars to buy the                                                                 
     votes of the unproductive.  This is wrong and "We the People"                                                              
     are realizing it.                                                                                                          
                                                                                                                                
     Just remember, Tax protest is our American political heritage.                                                             
     It was tax protestors who formed our two greatest documents,                                                               
     the Declaration of Independence and the Constitution for the                                                               
     United States of America.  Our first four presidents were                                                                  
     notorious tax protestors who were criminals under the laws of                                                              
     England.                                                                                                                   
                                                                                                                                
     The Revolutionary War fought between 1775 to 1783 was for many                                                             
     reasons and the Declaration of Independence lists those                                                                    
     reasons...interestingly one of those reasons was and I quote                                                               
     "For imposing taxes on us without our consent" is it time for                                                              
     another revolution?                                                                                                        
                                                                                                                                
     I strongly urge you not to impose an unconstitutional                                                                      
     individual income tax.                                                                                                     
                                                                                                                                
     Madame Chair, please could your committee answer my two                                                                    
     questions stated within my testimony and do you have any                                                                   
     questions for me.                                                                                                          
                                                                                                                                
     Thank you for this opportunity to testify.                                                                                 
                                                                                                                                
REPRESENTATIVE OGAN said that if there is an income tax, he would                                                               
want to have a vote of the people.                                                                                              
                                                                                                                                
Number 155                                                                                                                      
                                                                                                                                
ROY CARLSON testified via teleconference from the Matanuska-Susitna                                                             
Legislative Information Office (Mat-Su LIO).  Mr. Carlson said,                                                                 
"Let me give a brief summary of the three bills, 89, 90 and 91.                                                                 
Briefly, no, no, and hell no."  With regards to HB 90, Mr. Carlson                                                              
was opposed to an advisory vote.  These three bills seem to be a                                                                
"cry wolf" approach to the state's financial problem.  Mr. Carlson                                                              
believes that people should have as much government as they are                                                                 
willing to pay for.  If an advisory vote is the course, a list of                                                               
the services and the tax consequences of those services would be                                                                
very helpful to the legislature.                                                                                                
                                                                                                                                
MR. CARLSON expressed opposition to the actual appropriation of                                                                 
money embodied in HB 90.  Although he agreed with Commissioner                                                                  
Condon that a long-term plan is necessary, the current long-term                                                                
plans have a major flaw:  all of the plans have been created by                                                                 
people with an interest in the plan.  An objective view of what is                                                              
needed in the budget can be obtained from people who do not benefit                                                             
from the budget.  Mr. Carlson said, "There is nothing so innovative                                                             
as a government employee protecting his job."                                                                                   
                                                                                                                                
MR. CARLSON referred to HB 91.  He said he would fall into the                                                                  
over-$50,000 tax bracket, and he noted that people in that bracket                                                              
presently pay 90 percent of the taxes.  He indicated his dislike of                                                             
paying for national defense, Medicare, Medicaid, the Anchorage                                                                  
Native hospital, and the Bush subsidies, and he said he would like                                                              
some help.  For those reasons, Mr. Carlson believes an income tax                                                               
is an unfair approach.                                                                                                          
                                                                                                                                
MR. CARLSON restated that the three bills represent a "cry wolf"                                                                
approach to the problem.  He said Commissioner Condon very expertly                                                             
has shown the worst-case approach.  To Mr. Carlson, a little more                                                               
moderate view is that the state probably has, depending upon the                                                                
level of significant cuts the legislature will make, probably five                                                              
to seven years.  He stated, "In fact, I can solve your budget                                                                   
problem for you in an afternoon with coffee breaks.  All you have                                                               
to do is take the revenue in, go ahead and give the amount of money                                                             
up to the caps, out of the budget reserve, and then take an                                                                     
across-the-board cut, hand it to the Governor, and make him do his                                                              
job as a financial manager."  Mr. Carlson expressed the need for a                                                              
committee to identify the long-term needs, with the priority that                                                               
the state is willing to pay for.  A long-term revenue approach is                                                               
a good idea, and "perhaps, at that point, we look at tax."  He                                                                  
concluded by saying the Governor is taking advantage of the                                                                     
"crisis" of low oil prices.                                                                                                     
                                                                                                                                
Number 252                                                                                                                      
                                                                                                                                
ALAN LEMASTER testified via teleconference from Gakona.  With                                                                   
regards to Representative Ogan's comment that Alaska is one of the                                                              
most socialistic states in the country, Mr. Lemaster expressed                                                                  
dismay at the installation of an income tax, which seems repressive                                                             
against those who are producers in the state, the wage earners.  He                                                             
asked:  If a tax is necessary, why is an income tax the approach?                                                               
He pointed out that a sales tax would tax people according to their                                                             
ability to purchase.  Many other states utilize sales tax very                                                                  
effectively to raise funds for their governments.                                                                               
                                                                                                                                
CHAIR JAMES noted that four people from Juneau had called in and                                                                
would like their comments read into the record.  She read the                                                                   
following comments into the record:                                                                                             
                                                                                                                                
STEVE IRWIN and CHARLOTTE CARROLL:                                                                                              
                                                                                                                                
     No to taxes -- get spending in line with income; that's                                                                    
     what households have to do.                                                                                                
                                                                                                                                
DENNIS PIPER:                                                                                                                   
                                                                                                                                
     Adamant no to income tax.  We are taxed enough; sales,                                                                     
     property and hidden taxes.  Cut back on spending.  If you                                                                  
     must, use money from permanent fund to reduce deficit.                                                                     
                                                                                                                                
ALVIN EVANS:                                                                                                                    
                                                                                                                                
     Expresses great displeasure about the proposed tax by the                                                                  
     governor.  No taxes, cut spending.  Add $.02 for gas tax so                                                                
     everybody pays.  He could go for a flat tax which would be                                                                 
     equitable and fair for everyone.                                                                                           
                                                                                                                                
GREG JERUE:                                                                                                                     
                                                                                                                                
     Against tax, get spending down.  There are lots of places                                                                  
     that can be cut; more cuts to the Arts , for instance.  He                                                                 
     could accept a small gas tax, like $.02 a gallon.                                                                          
                                                                                                                                
REPRESENTATIVE OGAN requested that Commissioner Condon provide the                                                              
committee with the per capita spending of the state governments                                                                 
that do not have income tax, and of the states that do not have                                                                 
sales tax, compared to Alaska.                                                                                                  
                                                                                                                                
COMMISSIONER CONDON agreed to provide that information.                                                                         
                                                                                                                                
CHAIR JAMES expressed interest in hearing more about the permanent                                                              
fund issue.  [HB 89, HB 90 and HB 91 were held over.]                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 10:00                                                                 
a.m.                                                                                                                            

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