Legislature(1993 - 1994)
01/21/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 21, 1993
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chair
Representative Pete Kott, Vice Chair
Representative Harley Olberg
Representative Jerry Sanders
Representative Gary Davis
Representative Fran Ulmer
MEMBERS ABSENT
Representative Bettye Davis (excused)
OTHER HOUSE MEMBERS PRESENT
Representative Terry Martin
Representative Gail Phillips
COMMITTEE CALENDAR
*HJR 11: Proposing an amendment to the Constitution of the
State of Alaska relating to repeal of regulations
by the legislature.
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
HJR 1: Proposing amendments to the Constitution of the
State of Alaska authorizing the use of the
initiative to amend the Constitution of the State
of Alaska by approval of two-thirds of the votes
cast on the proposed amendment.
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
HJR 8: Proposing amendments to the Constitution of the
State of Alaska authorizing the use of the
initiative to amend the Constitution of the State
of Alaska
NOT HEARD
HJR 9: Proposing an amendment to the Constitution of the
State of Alaska prohibiting the imposition of
state personal income taxation, state ad valorem
taxation on real property, or state retail sales
taxation without the approval of the voters of the
state.
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
(* first public hearing)
WITNESS REGISTER
Sandy Nusbaum, Legislative Aide
to Representative Gail Phillips
State Capitol, Room 216
Juneau, AK 99811-1182
465-3718
Position Statement: Explained the history of proposing an
amendment to the Constitution
Representative Gail Phillips
State Capitol, Room 216
Juneau, AK 99811-1182
465-3718
Position Statement: Prime Sponsor of HJR 11 & HJR 1
Representative Terry Martin
State Capitol, Room 411
Juneau, AK 99811-1182
465-3783
Position Statement: Supported HJR 1; Prime Sponsor of HJR 9
PREVIOUS ACTION
BILL: HJR 11
SHORT TITLE: REPEAL OF REGULATIONS BY LEGISLATURE
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Brice
TITLE: Proposing an amendment to the Constitution of the
State of Alaska relating to repeal of regulations by the
legislature.
JRN-DATE JRN-PG ACTION
01/11/93 24 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 24 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/21/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 1
SHORT TITLE: USE OF INITIATIVE TO AMEND CONSTITUTION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Bunde
TITLE: Proposing amendments to the Constitution of the State
of Alaska authorizing the use of the initiative to amend the
Constitution of the State of Alaska by approval of
two-thirds of the votes cast on the proposed amendment.
JRN-DATE JRN-PG ACTION
01/04/93 21 (H) PREFILE RELEASED
01/11/93 21 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 21 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/19/93 (H) STA AT 08:00 AM CAPITOL 102
01/21/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 8
SHORT TITLE: USE OF INITIATIVE TO AMEND CONSTITUTION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN,Kott,Green,Olberg
TITLE: Proposing amendments to the Constitution of the State
of Alaska authorizing the use of the initiative to amend the
Constitution of the State of Alaska.
JRN-DATE JRN-PG ACTION
01/04/93 23 (H) PREFILE RELEASED
01/11/93 23 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 23 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/12/93 49 (H) COSPONSOR(S): OLBERG
01/19/93 (H) STA AT 08:00 AM CAPITOL 102
01/21/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 9
SHORT TITLE: VOTER APPROVAL FOR NEW TAXES
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN
TITLE: Proposing an amendment to the Constitution of the
State of Alaska prohibiting the imposition of state personal
income taxation, state ad valorem taxation on real property,
or state retail sales taxation without the approval of the
voters of the state.
JRN-DATE JRN-PG ACTION
01/04/93 23 (H) PREFILE RELEASED
01/11/93 23 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 23 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/19/93 (H) STA AT 08:00 AM CAPITOL 102
01/21/93 (H) STA AT 08:00 AM CAPITOL 102
ACTION NARRATIVE
TAPE 93-3, SIDE A
Number 000
The second meeting of the House State Affairs Committee was
called to order at 8:00 a.m. on January 21, 1993, by
Chairman Al Vezey. Members present were Representatives
Kott, Olberg, Sanders, G. Davis, Ulmer, representing a
quorum. Representative B. Davis was absent. Representative
Martin and Phillips were also present.
HJR 11: REPEAL OF REGULATIONS BY LEGISLATIVE CONSTITUTIONAL
AMEND
CHAIRMAN AL VEZEY read the title of HJR 11. He invited the
sponsor of the legislation to testify before the committee.
Number 051
REPRESENTATIVE GAIL PHILLIPS, Prime Sponsor of HJR 11, read
information regarding the purpose of HJR 11 and the history
of legislation in Alaska for repealing regulations.
Number 129
REPRESENTATIVE GARY DAVIS asked for research of why voters
haven't passed this before.
Number 142
SANDY NUSBAUM, LEGISLATIVE AIDE TO REPRESENTATIVE GAIL
PHILLIPS, explained in detail the history of proposing an
amendment to the Constitution of the state of Alaska
relating to repeal of regulations by the legislature. She
said that the 16th Legislature introduced legislation,
sponsored by Senator Jack Coghill, to repeal regulations.
She also discussed ballot measures.
Number 213
REPRESENTATIVE TERRY MARTIN spoke on constitutional
amendments that have gone to public vote.
CHAIRMAN VEZEY summarized Representative Martin's testimony.
Number 294
REPRESENTATIVE G. DAVIS asked to move HJR 11 out of
committee.
Number 300
CHAIRMAN VEZEY reminded the committee that HJR 11 would be
held until Saturday's teleconference (January 23), for
public testimony. The committee then addressed HJR 1.
HJR 1: USE OF INITIATIVE TO AMEND CONSTITUTION
Number 306
CHAIRMAN VEZEY read the title of HJR 1 and explained its
similarities to HJR 8.
HJR 1: Proposing amendments to the Constitution of the
State of Alaska authorizing the use of the
initiative to amend the Constitution of the State
of Alaska by approval of two-thirds of the votes
cast on the proposed amendment.
HJR 8: Proposing amendments to the Constitution of the
State of Alaska authorizing the use of the
initiative to amend the Constitution of the State
of Alaska
Number 320
REPRESENTATIVE MARTIN, Prime Sponsor of HJR 1, made
references to the Alaska Blue Book and Reaching for a Star
by Joe Becket, as well as the National Conference of State
Legislatures (NCSL) report on states that have the
initiative.
Number 424
CHAIRMAN VEZEY spoke on the length of time the initiative
process has been in effect for these states.
Number 426
REPRESENTATIVE MARTIN discussed the history of the
initiative process. He stated that the cost of a convention
to change the Constitution had raised a problem for the
public. Such cost was blown out of proportion, he believed,
and stated that the American Bar supported the initiative
process due to it being a successful element of democracy.
Number 479
REPRESENTATIVE HARLEY OLBERG supported the initiative
process. He said he doesn't fear the people. His main
concern was how the initiative could impact the Permanent
Fund.
Number 489
REPRESENTATIVE FRAN ULMER said that, with the initiative
process, the public could vote a large check to themselves
and dissolve the Permanent Fund. She noted the huge
turnover in population and a get rich quick, take what you
can attitude that could take advantage of the initiative
process. She objected to HJR 1 for this reason.
REPRESENTATIVE OLBERG supported HJR 1 in principle yet was
concerned about how it might impact the Permanent Fund.
Number 514
REPRESENTATIVE MARTIN stated that the topic of raiding the
Permanent Fund was only used to try to put a damper on HJR
1. The Capitol move was another issue used, he added, and
explained the difficulty for voters to utilize the
initiative process. He believed a democracy gave power back
to the people.
Number 567
CHAIRMAN VEZEY clarified HJR 1 called for two-thirds of
voters and HJR 8 was a simple majority.
Number 586
REPRESENTATIVE MARTIN challenged Representative Ulmer
regarding her statement that the Anchorage population
controlled the rest of the state. He stated that a super
majority of two-thirds was not necessary. It should be a
rule of simple majority, he added.
Number 634
REPRESENTATIVE ULMER stated the facts of a transient
Anchorage population was second hand from the Division of
Elections and that she would try to get the information in
writing. She shared her concern that the State Constitution
must withstand time and that allowing a change in the
Constitution by the initiative process enabled a majority to
control the structure.
TAPE 93-3, SIDE B
Number 000
CHAIRMAN VEZEY asked if there was any information the
committee wanted to request.
Number 015
REPRESENTATIVE ULMER asked for a list of the states that
have an initiative process to amend their Constitution.
Number 024
CHAIRMAN VEZEY stated that he thought the information could
be found in the Alaska Blue Book which would show the forms
of government in the various states.
Number 032
REPRESENTATIVE MARTIN offered to get the list from the NCSL.
He stated the Legislature was failing to change the
Constitution when needed, and that the Constitution was a
contract of the people.
Number 091
REPRESENTATIVE PETE KOTT stated that since 1787 the
initiative process had come a long way; people were not
ignorant; and, that the public should have freedom to
utilize the initiative process. Political science through
the education process had raised the level of governmental
education and understanding. He believed this question was
not based on the intelligence level of the public, but that
the real question was if fifty percent or two-thirds should
be used for deciding voter involvement in the initiative
process. He stated the government would not be more
dominated by interest groups because of this process, and he
wanted to let people take part.
Number 132
REPRESENTATIVE MARTIN stated two-thirds was too heavy a
number and discussed why.
There being no further discussion on HJR 1, CHAIRMAN VEZEY
RECESSED the meeting at 8:51 a.m.
CHAIRMAN VEZEY RECONVENED the meeting at 9:01 a.m.
HJR 9: PROHIBITS TAXATION WITHOUT APPROVAL OF VOTER
Number 168
CHAIRMAN VEZEY announced that HJR 1 and HJR 8 would be held
over for teleconference. He then brought up HJR 9 and read
the title. He asked the sponsor, Representative Martin, to
discuss HJR 9.
Number 186
REPRESENTATIVE MARTIN, Prime Sponsor of HJR 9, gave "The
1992 Case Alaskan State Income Tax" handout to the
committee. He also made statements regarding the longevity
bonus and permanent dividend cash give away, and discussed
examples of taxes that are on some items and not on others.
Number 314
CHAIRMAN VEZEY commented on taxes for groups of people such
as tax on fish for fisherman.
Number 341
REPRESENTATIVE MARTIN discussed taxes on resources and
industries.
Number 370
CHAIRMAN VEZEY asked if Fairbanks was the only community
that required voters to agree to a tax.
REPRESENTATIVE MARTIN stated that the city of Juneau votes
on their municipal taxes too.
Number 391
REPRESENTATIVE KOTT discussed income tax.
REPRESENTATIVE MARTIN stated that five states did not have
an income tax but instead had property and sales tax, and
that most states were trying to dissolve income tax. He
also said there needed to be better management of resources
in Alaska.
REPRESENTATIVE KOTT requested clarification that no states
voted themselves a tax on income or sales.
REPRESENTATIVE MARTIN said yes on sales tax but no on income
tax.
Number 452
REPRESENTATIVE ULMER spoke on the need for income tax and
her concern for industry and essential government services.
Number 508
REPRESENTATIVE MARTIN discussed his opposition to the
Permanent Dividend Fund give away since oil was not a
renewable resource, but the money it generated was renewable
and a percent should be used for government. He believed
government should not tax working people to take care of
non-working people.
Number 570
REPRESENTATIVE G. DAVIS stated that give aways drew people
to Alaska and that no taxes would also draw people.
Number 575
REPRESENTATIVE MARTIN stated that give aways drew non-
working people who did not pay income tax, while not having
income tax would draw working people.
Number 592
REPRESENTATIVE KOTT suggested an amendment for voters to
vote on an income tax.
Number 602
REPRESENTATIVE G. DAVIS discussed votes.
Number 611
REPRESENTATIVE KOTT expressed his lack of support for any
tax increase.
TAPE 93-4, SIDE A
Number 000
REPRESENTATIVE KOTT believed the Permanent Fund income was
sufficient to support government.
ADJOURNMENT
Number 051
CHAIRMAN VEZEY made committee announcements and adjourned
the meeting at 9:37 a.m.
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