Legislature(1999 - 2000)

03/22/2000 09:06 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
MINUTES                                                                                                                         
SENATE FINANCE COMMITTEE                                                                                                        
March 22, 2000                                                                                                                  
9:06 AM                                                                                                                         
                                                                                                                                
TAPES                                                                                                                           
                                                                                                                                
SFC-00 # 57, Side A and Side B                                                                                                  
     58, Side A                                                                                                                 
                                                                                                                                
CALL TO ORDER                                                                                                                   
                                                                                                                                
Co-Chair John Torgerson convened the meeting at                                                                                 
approximately 9:06 AM.                                                                                                          
                                                                                                                                
PRESENT Co-Chair John Torgerson, Co-Chair Sean Parnell,                                                                         
Senator Al Adams, Senator Lyda Green, Senator Loren Leman,                                                                      
Senator Randy Phillips, Senator Gary Wilken and Senator P.                                                                      
Kelly were present when the meeting started. Senator Donley                                                                     
arrived later.                                                                                                                  
                                                                                                                                
Also Attending:                                                                                                                 
SENATOR JERRY MACKIE; SENATOR JERRY WARD; REPRESENTATIVE                                                                        
GARY DAVIS; REPRESENTATIVE JERRY SANDERS; RON LAURENSON,                                                                        
Attorney, Morrison and Foerster, L.L.P., Attorneys at Law,                                                                      
                                                                                                                                
Attending via Teleconference: From Delta Junction: ART                                                                          
GRISWOLD; JOHN GLOTFELTY; From Homer: MARY GRISWOLD; From                                                                       
Kenai: JAMES SHOWALTER; SUSAN GIBSON; BILL PHILLIPS; RALPH                                                                      
RECTOR; ORVILLE MCETHY; From Kodiak: KATE BALLENGER; From                                                                       
MatSu: JUNE BURKHART; LINDA ANDERSON; JESSE CHANDLER; KEITH                                                                     
LIPSE; From Petersburg: BRYAN VAN ETTINGER; From Ketchikan:                                                                     
ORAL FREEMAN; From Anchorage: CARL WASSILIE; From Big Delta:                                                                    
WALTER ST JOHN                                                                                                                  
                                                                                                                                
SUMMARY INFORMATION                                                                                                             
                                                                                                                                
SJR 33-CONST AM: PERMANENT FUND                                                                                                 
                                                                                                                                
The Committee heard from the sponsor and took public                                                                            
testimony. The resolution was HELD.                                                                                             
                                                                                                                                
SJR 35-CONST AM: PERM FUND INCOME DISTRIBUTION                                                                                  
                                                                                                                                
The Committee heard from the sponsor, legal representation                                                                      
of the Permanent Fund Corporation and took public testimony.                                                                    
The resolution was HELD.                                                                                                        
                                                                                                                                
SENATE JOINT RESOLUTION NO. 33                                                                                                  
Proposing amendments to the Constitution of the State                                                                           
of Alaska relating to the permanent fund and to                                                                                 
payments to certain state residents from the permanent                                                                          
fund.                                                                                                                           
                                                                                                                                
                                                                                                                                
SENATOR JERRY MACKIE told of how he wanted to generate                                                                          
public discussion on his proposed plan prior to the                                                                             
resolution being heard in any committee. He stated there was                                                                    
a huge response that represented both pro and con                                                                               
viewpoints. He continued that he was appreciative of those                                                                      
who supported the plan. Of those who opposed the plan, he                                                                       
said he wanted to find out why to determine how the concerns                                                                    
might be addressed.                                                                                                             
                                                                                                                                
Senator Mackie then began to describe the elements of the                                                                       
resolution, referring to a handout entitled, Mackie Plan                                                                        
Assumptions. [Copy on file.]                                                                                                    
                                                                                                                                
Senator Mackie stated the resolution is a constitutional                                                                        
amendment that would require voter approval. If approved, he                                                                    
said the plan would provide a one-time final dividend                                                                           
payment of $25,000 from the permanent fund for each Alaskan                                                                     
who is eligible for the dividend as of January 2001. He                                                                         
qualified that no new people would move to the state to take                                                                    
advantage of the payout because the one-year residency                                                                          
requirement has already begun.                                                                                                  
                                                                                                                                
Senator Mackie noted the plan requires no new statutes or                                                                       
changes to statutes.                                                                                                            
                                                                                                                                
Senator Mackie shared that after the $25,000 dividends were                                                                     
paid out, which he estimated to total approximately $14                                                                         
billion, the dividend program would end and there would be a                                                                    
balance of $12 - $13 billion in the permanent fund. He said                                                                     
the Permanent Fund Corporation estimates that 592,000 people                                                                    
would be eligible to collect a dividend in the year 2002. He                                                                    
added that the fund would continue to be managed by the                                                                         
Permanent Fund Corporation, the principal would be                                                                              
constitutionally protected against spending without voter                                                                       
approval and that only the earnings would be available for                                                                      
government spending.                                                                                                            
                                                                                                                                
Senator Mackie pointed out that the plan also calls for                                                                         
inflation proofing the fund and stated that most people                                                                         
agree that inflation proofing the fund was the responsible                                                                      
thing to do.                                                                                                                    
                                                                                                                                
Senator Mackie relayed that the Corporation gave an estimate                                                                    
of the annual earnings off of the $12 billion balance using                                                                     
rates of return of eight, ten and twelve percent. He                                                                            
qualified that the Corporation issued a disclaimer stating                                                                      
their prediction was an eight-percent rate of return.                                                                           
However, he said their projections were always conservative                                                                     
and he noted that the fund has never earned below ten                                                                           
percent. Therefore, he believed ten percent was the most                                                                        
reasonable assessment of future earnings. He referred to the                                                                    
chart in the handout that showed that once the fund was                                                                         
inflation-proofed earnings of ten percent would be $884                                                                         
million in the first year of the plan. In the year 2003, he                                                                     
said the fund would earn $923 million. He continued with                                                                        
predicted earnings of $962 million and $1.4 billion in the                                                                      
next two years with the amount continuing to grow. He said                                                                      
the reason the earnings continue to increase was because the                                                                    
plan does not change the current constitutional requirement                                                                     
that 25 percent of oil revenues go to the corpus of the                                                                         
permanent fund.                                                                                                                 
                                                                                                                                
Senator Mackie's prediction was that after the payout, this                                                                     
plan balances the budget with no additional taxes required.                                                                     
He indicated his opposition to taxes.                                                                                           
                                                                                                                                
Senator Mackie admitted there would be a significant impact                                                                     
on dividend recipients' individual income taxes. He relayed                                                                     
that the Alaska Society of Public Accountants has                                                                               
volunteered to do a complete analysis on the tax                                                                                
consequences for all tax brackets. He thought the members'                                                                      
would be surprised to learn that individuals would actually                                                                     
have more money after they received the one-time large                                                                          
dividend, paid the tax, invested the remaining funds and                                                                        
received an annual dividend from their personal investment.                                                                     
                                                                                                                                
Senator Mackie noted that the average Alaskan was in the 28                                                                     
percent tax bracket. He said an individual would have to                                                                        
earn over $250,000 per year in order to reach the 39 percent                                                                    
tax bracket. He added that he was continuing to work on                                                                         
determining how Individual Retirement Accounts (IRAs),                                                                          
educational trusts and other investments could avoid some of                                                                    
the tax burden.                                                                                                                 
                                                                                                                                
Senator Mackie voiced another question raised was the affect                                                                    
the payout would have on the eligibility of recipients of                                                                       
such public assistance programs as welfare, Medicare, and                                                                       
low income housing programs.  He talked to Margaret Pugh,                                                                       
Commissioner, Department of Health and Social Services and                                                                      
was told that this could be the best public assistance                                                                          
program ever to get people off welfare and to become self-                                                                      
supporting. Senator Mackie avowed that the reason people are                                                                    
poor was because they didn't have any money. He predicted                                                                       
that giving this money would help people. He also                                                                               
anticipated that the state would save money with the                                                                            
reduction of public assistance.                                                                                                 
                                                                                                                                
Senator Mackie explained how current statutes does not                                                                          
calculate permanent fund dividends as income for eligibility                                                                    
for the Alaska Temporary Assistance Program Denali KidCare,                                                                     
Adult Public Assistance, or the Longevity Bonus Program. He                                                                     
also learned that permanent fund dividend income was not                                                                        
included in the eligibility requirements for most Medicaid                                                                      
benefits. However, he noted that the dividend would be                                                                          
considered as income for those recipients of two programs,                                                                      
food stamps and supplemental social security insurance.                                                                         
                                                                                                                                
Senator Mackie spoke to low income housing programs saying                                                                      
that while current participants would not be affected                                                                           
because federal guidelines allow for a one-time receipt of                                                                      
cash, any new applicants would be affected. He added that                                                                       
daycare assistance, the USDA child and adult care food                                                                          
program, school meals eligibility, and Headstart would not                                                                      
be adversely affected by the large payouts to eligible                                                                          
Alaskans.                                                                                                                       
                                                                                                                                
Senator Mackie next addressed child support saying that                                                                         
Commissioner Perdue said the reason many people were on                                                                         
welfare was because of back child support owed to custodial                                                                     
parents. He told about the large amount of money that a                                                                         
single parent household would receive after the parent and                                                                      
children's' dividends were collected and after the deadbeat                                                                     
parent's dividend was garnished. He suggested that the money                                                                    
could provide for the children's education, provide job                                                                         
training or fund a small business to allow the family to get                                                                    
off public assistance. He quoted the Department of Health                                                                       
and Social Services "It's not fair to assume these folks                                                                        
want to stay on welfare. Any opportunity they have to get                                                                       
off - they're gone." He stressed that this plan would                                                                           
provide a tremendous opportunity for people who are                                                                             
dependent upon the government for basic support.                                                                                
                                                                                                                                
Senator Mackie shared there were currently 11,000 cases of                                                                      
overdue child support payments in the state, where dividends                                                                    
are garnished to help make those payments. He estimated that                                                                    
garnishing a $25,000 dividend from deadbeat parents, who are                                                                    
Alaskan residents would collect $103 million for those                                                                          
children. He continued that 7,500 of those cases would be                                                                       
closed because the amount due was equal to or less than the                                                                     
amount of the large payout. The balances due on the cases                                                                       
would be reduced greatly, he stressed.                                                                                          
                                                                                                                                
Senator Mackie next addressed the 10,100 defaulted student                                                                      
loans equaling $80.9 million owed to the State Of Alaska                                                                        
noting that the garnishment of the large dividend would                                                                         
close 9,000 accounts and repay $67 million to the student                                                                       
loan program.                                                                                                                   
                                                                                                                                
Senator Mackie stated that the $25,000 dividends from the                                                                       
current number of 3,500 felons would yield $87.5 million. He                                                                    
told of how the funds are allocated to the Sexual Violence                                                                      
and Domestic Abuse programs, the Violent Crimes Compensation                                                                    
program and the Department of Corrections Prisoner                                                                              
Rehabilitation program.                                                                                                         
                                                                                                                                
Senator Mackie believed that the permanent fund was                                                                             
established by the voters to provide a source of revenue                                                                        
that would pay for essential services when oil revenues                                                                         
declined. He stated that only 40 percent of the current                                                                         
residents of Alaska were residents when the permanent fund                                                                      
was established. He continued that it wasn't until six years                                                                    
after the fund was established that the legislature decided                                                                     
to distribute some of the earnings among individual                                                                             
residents. He argued that many people have since developed                                                                      
the attitude that the permanent fund is only in place to                                                                        
provide the dividends.                                                                                                          
                                                                                                                                
Senator Mackie admitted that he and other legislators had                                                                       
been unwilling to argue this point with the public. He                                                                          
divulged that he was as guilty as many others were of                                                                           
championing on the campaign trail, to protect the citizen's                                                                     
dividends at any cost. As a result, he remarked that because                                                                    
of this attitude, "our state's going down the drain." Since                                                                     
he and others were retiring, he shared that they could now                                                                      
"tell it like it is."                                                                                                           
                                                                                                                                
Senator Mackie expressed that the state was unable to                                                                           
adequately fund the University of Alaska, K-12 education,                                                                       
deferred maintenance needs and road systems. He expounded                                                                       
that this has had a significant negative impact on the                                                                          
public at a time when Alaska is the richest state in the                                                                        
nation. He surmised that there was not one other state that                                                                     
would not want to trade places with Alaska's financial                                                                          
problems.                                                                                                                       
                                                                                                                                
He restated his opposition to tax, saying that to implement                                                                     
a large sales tax would only drain money from the community                                                                     
                                                                                                                                
He did not appreciate the use of the word "bribe" but noted                                                                     
that the $25,000 dividend was an incentive or a negotiation                                                                     
to try to break the hold that people have on the notion that                                                                    
the fund is only for providing dividends.                                                                                       
                                                                                                                                
He talked about the different reasons the September 14, 1999                                                                    
advisory vote regarding the use of the permanent fund had                                                                       
failed. He asserted that those who claim the budget should                                                                      
be cut further don't understand that an additional $1                                                                           
billion cannot be cut from a $2 billion general fund. His                                                                       
assessment of the reason the long-range budget plan was not                                                                     
approved was because the legislature did an inadequate job                                                                      
of educating the public. He stated that the plan "looked                                                                        
like a blank check that we are writing to ourselves." He                                                                        
added that the plan was too complicated and did not give the                                                                    
voters enough time to thoroughly understand it.                                                                                 
                                                                                                                                
Senator Mackie warned against "sticking our heads in the                                                                        
sand," suggesting that the legislature should devise another                                                                    
option to present to the voters. "If you don't like my plan                                                                     
let me see your plan" he remarked and said he appreciated                                                                       
others' plans. He made further comments about other plans                                                                       
and surmised that other legislators would prefer the matter                                                                     
to "go away."                                                                                                                   
                                                                                                                                
Co-Chair Torgerson warned the witness to keep his comments                                                                      
to the bill rather than speculation of the other member's                                                                       
intentions.                                                                                                                     
                                                                                                                                
Senator Mackie shared one of the reasons he developed this                                                                      
plan was because of his concern about the future. He                                                                            
cautioned that if the state's reserved continued to be spent                                                                    
down, in four to five years the reserves would be gone and                                                                      
the legislature would be unwilling to tax at the high rate                                                                      
that would be necessary to fund government. The only option,                                                                    
he stressed would be to tap into the earnings of the                                                                            
permanent fund, which is what pays for the dividend program.                                                                    
                                                                                                                                
Senator Mackie stated that because of the state's                                                                               
constitutional mandate to balance the budget, the                                                                               
legislature would have no other choice but to use funds from                                                                    
the earnings reserve account.                                                                                                   
                                                                                                                                
REPRESENTATIVE GARY DAVIS added that when the legislation                                                                       
was introduced he immediately supported it. He noted that                                                                       
this plan balances the budget without imposing new taxes.                                                                       
                                                                                                                                
Representative Davis gave a history of the expectations of                                                                      
dividend recipients that initially were "wow, this is nice"                                                                     
to entitlement sentiments after several years of the                                                                            
program. He spoke of testimony from Alaskans challenging the                                                                    
legislature to not take away their individual dividends. He                                                                     
expressed that those people who argue so ardently against                                                                       
using the permanent fund to help pay for government services                                                                    
are not the same people trying to make the decisions                                                                            
necessary to keep government functioning.                                                                                       
                                                                                                                                
Representative Davis stressed that while this legislature is                                                                    
attempting to make a $30 million budget reduction, future                                                                       
legislatures will face the need to make much larger                                                                             
reductions. He admonished those who simply call for                                                                             
reductions without understanding what was involved.                                                                             
                                                                                                                                
Representative Davis stated that in the previous year, the                                                                      
voters rejected a long-term solution to the budget situation                                                                    
and that this resolution offered a short-term solution,                                                                         
which may be what the voters wanted.                                                                                            
                                                                                                                                
Senator Green asked if the sponsor had looked at what                                                                           
statutes would need to be revised to incorporate this plan.                                                                     
                                                                                                                                
Senator Mackie said he had not because other than clean-up                                                                      
language in the reviser's bill, there would be no other                                                                         
changes to statute. He was careful to not make any changes                                                                      
to statute.                                                                                                                     
                                                                                                                                
Senator Green repeated Senator Mackie's comments that those                                                                     
recipients of welfare, Medicaid, low income housing,                                                                            
Temporary Aide for Needy Families (TANF) or Denali KidCare                                                                      
would not loose their eligibility for those programs after                                                                      
collecting the large dividend. She asked what would be the                                                                      
impact on the hold harmless and if it would be only a                                                                           
portion of the payout amount or the entire $25,000.                                                                             
                                                                                                                                
Senator Mackie understood that the hold harmless did not                                                                        
automatically rise with the amount of the dividend, but was                                                                     
an amount set in statute.                                                                                                       
                                                                                                                                
Senator Green wanted to know if the witness thought it was a                                                                    
good thing for people who's income and need were the                                                                            
qualifying factors for these programs to receive $25,000 and                                                                    
not have their eligibility impacted. Senator Mackie                                                                             
responded that it was a good thing in that those individuals                                                                    
and families would become able to move off of welfare, which                                                                    
he predicted all would do.                                                                                                      
                                                                                                                                
Senator Green said that she understood that those recipients                                                                    
would not be required to move off welfare.                                                                                      
                                                                                                                                
Senator Mackie deferred to the department for a specific                                                                        
response. He expressed his prediction that many people would                                                                    
leave these public assistance programs and that the entire                                                                      
hold harmless provision would go away since there would no                                                                      
longer be a dividend.                                                                                                           
                                                                                                                                
Senator Leman continued on Senator Green's point that the                                                                       
sponsor had said the large dividend would not prohibit                                                                          
people from qualifying for certain programs and that the                                                                        
sponsor thought that was positive. Senator Leman found it                                                                       
interesting that the sponsor took that approach rather than                                                                     
considering it a positive incentive for those people if they                                                                    
would not qualify for the programs.                                                                                             
                                                                                                                                
Senator Mackie responded that the hold harmless was already                                                                     
placed in statutes and that the legislature could change                                                                        
those provisions if desired. After listening to those who                                                                       
manage the programs and deal with the participants daily, he                                                                    
realized that the participants would be gone.                                                                                   
                                                                                                                                
Senator Leman asked if "gone," meant gone from the state or                                                                     
from the programs.                                                                                                              
                                                                                                                                
Senator Mackie clarified that he meant those program                                                                            
recipients would no longer participate in the public                                                                            
assistance programs, although some could leave the state as                                                                     
well.                                                                                                                           
                                                                                                                                
Senator Leman asked where is the credibility of the                                                                             
permanent fund program when applicants sign an oath that                                                                        
they intent to stay in the state indefinitely.                                                                                  
                                                                                                                                
Senator Mackie countered that was the way the system                                                                            
currently operated and that he was not changing anything.                                                                       
While he was not promoting that people leave the state after                                                                    
receiving a large dividend, for those people who lived in                                                                       
Alaska only to receive the benefits of the permanent fund he                                                                    
said, "don't let the door hit you in the butt on the way                                                                        
out." He stressed that he was born in Alaska, his family has                                                                    
been in the state forever and that he would die in Alaska.                                                                      
He suggested that if those people left, there might be                                                                          
smaller class sizes and fewer people to worry about.                                                                            
                                                                                                                                
Co-Chair Torgerson stressed that this resolution did not                                                                        
repeal any statutes. He thought that for Committee members                                                                      
to drill the witness on the impact the resolution would have                                                                    
on any laws was unfair.                                                                                                         
                                                                                                                                
Senator Wilken requested another opportunity to continue                                                                        
this conversation after the public testimony. He wanted to                                                                      
discuss the fund's earnings and how they would be projected                                                                     
in relation to inflation proofing.                                                                                              
                                                                                                                                
Senator Adams stated that the presentation was excellent but                                                                    
that the plan was ahead of its time because the state was                                                                       
not yet "broke". However, he surmised that this was the best                                                                    
long-range plan before either the Senate or the House of                                                                        
Representatives. He supported no taxes, and expressed "let                                                                      
the people vote."                                                                                                               
                                                                                                                                
Senator Adams then asked about future generations.                                                                              
                                                                                                                                
Senator Mackie agreed the intergenerational issue was a                                                                         
problem and admitted this was not a perfect plan. However,                                                                      
he was also concerned about future generations if there is                                                                      
no money to fund certain services such as the university                                                                        
system and senior citizen programs.                                                                                             
                                                                                                                                
Senator P. Kelly questioned whether this plan would actually                                                                    
lose on the intergenerational point, because of the argument                                                                    
that if the state is going to be able to pay for future                                                                         
services, a long-range fiscal plan needs to be implemented                                                                      
now.                                                                                                                            
                                                                                                                                
Co-Chair Torgerson asked the sponsor to provide a written                                                                       
response from the Department of Health and Social Services                                                                      
regarding Senator Green's concerns about whether recipients                                                                     
of a large dividend would qualify for certain public                                                                            
assistance programs.                                                                                                            
                                                                                                                                
ART GRISWOLD testified via teleconference from Delta                                                                            
Junction as an older resident who would lose money from his                                                                     
Social Security Insurance as well as his tax deductions for                                                                     
his minor children and his spouse if the large payout was                                                                       
made. He encouraged funding of the land grant university                                                                        
work as intended.                                                                                                               
                                                                                                                                
MARY GRISWOLD testified via teleconference from Homer that                                                                      
she was opposed to SJR 33 and supported HB 411 as a better                                                                      
method of providing essential government services while                                                                         
preserving the dividend program.                                                                                                
                                                                                                                                
JAMES SHOWALTER testified via teleconference from Kenai                                                                         
against SJR 33 saying that legislatures did not know the                                                                        
meaning of the word "no".                                                                                                       
                                                                                                                                
KATE BALLENGER testified via teleconference from Kodiak in                                                                      
strong support for SJR 33 because she believed it would                                                                         
relieve the current funding situation. She was tired of                                                                         
hearing the debate on what programs to cut when this money                                                                      
was available. She could not understand how anyone could                                                                        
oppose this plan when it would eliminate the deficient.                                                                         
                                                                                                                                
JUNE BURKHART testified via teleconference from MatSu asking                                                                    
Senator Mackie what part of no didn't he understand. She                                                                        
took issue with his suggestion that voters did not                                                                              
understand what they were voting for on the advisory vote.                                                                      
She avowed that she knew what she was voting for.                                                                               
                                                                                                                                
BRYAN VAN ETTINGER testified via teleconference from                                                                            
Petersburg against SJR 33 because he believed it would place                                                                    
a wedge between divorced parents. He addressed the deadbeat                                                                     
dad comment and took offense to the term.                                                                                       
                                                                                                                                
JOHN GLOTFELTY testified via teleconference from Delta                                                                          
Junction that the resources were given to all Alaskans in                                                                       
the constitution and told the Committee not to remove the                                                                       
citizens from the oversight of the fund.                                                                                        
                                                                                                                                
                                                                                                                                
Tape: SFC - 00 #57, Side B    9:54 AM                                                                                           
                                                                                                                                
                                                                                                                                
Mr. Glotfelty continued.                                                                                                        
                                                                                                                                
SUSAN GIBSON testified via teleconference from Kenai taking                                                                     
issue with Senator Mackie's comment about people's attitude                                                                     
regarding budget reductions. She suggested the legislature                                                                      
get some courage to stand up to special interest groups.                                                                        
                                                                                                                                
LINDA ANDERSON testified via teleconference from MatSu                                                                          
accusing the legislators of lining their pockets.                                                                               
                                                                                                                                
BILL PHILLIPS testified via teleconference from Kenai about                                                                     
his mistrust of the legislature.                                                                                                
                                                                                                                                
JESSE CHANDLER testified via teleconference from MatSu that                                                                     
he thought the $25,000 payoff was "stupid".                                                                                     
                                                                                                                                
KEITH LIPSE testified via teleconference from MatSu telling                                                                     
the Committee to not use his dividend to fund welfare. He                                                                       
charged that the people on public assistance would return                                                                       
even after receiving the large payout.                                                                                          
                                                                                                                                
Senator Mackie concluded thanking the Committee for hearing                                                                     
this resolution. He promised that at the next hearing he                                                                        
would ask those who support the plan to come testify.                                                                           
                                                                                                                                
AT EASE 9:59 AM / 10:04 AM                                                                                                      
                                                                                                                                
SENATE JOINT RESOLUTION NO. 35                                                                                                  
Proposing amendments to the Constitution of the State                                                                           
of Alaska to guarantee the permanent fund dividend, to                                                                          
provide for inflation proofing, and to require a vote                                                                           
of the people before changing the statutory formula for                                                                         
distribution that existed on January 1, 2000.                                                                                   
                                                                                                                                
                                                                                                                                
Senator Green testified that she introduced this resolution                                                                     
for the opposite reason of SJR 33.                                                                                              
                                                                                                                                
Senator Green explained that this plan takes the current                                                                        
statutory formula for dividend distribution and places it                                                                       
into the Alaska Constitution as an amendment to Article 9                                                                       
Section 15.                                                                                                                     
                                                                                                                                
Senator Green continued that the resolution would guarantee                                                                     
that the eighteen-year history of earnings distribution was                                                                     
preserved, the dividend was protected, the current method of                                                                    
inflation-proofing the corpus of the fund was unchanged and                                                                     
includes no new taxes.                                                                                                          
                                                                                                                                
Senator Green surmised that once Alaskans felt confident                                                                        
that the dividend program was safe for future generations                                                                       
and that the integrity of the permanent fund was protected,                                                                     
the discussions could then begin on what to do with any                                                                         
excess earnings.                                                                                                                
                                                                                                                                
Senator Green thought this resolution was the most important                                                                    
step the legislature could take to show Alaskans that the                                                                       
promise would be kept to protect the dividend program,                                                                          
inflation-proof the corpus and ensure the future of the                                                                         
permanent fund for generations to come.                                                                                         
                                                                                                                                
Senator Green shared that one of the issues that would be                                                                       
brought to the Committee's attention regarding this                                                                             
resolution was the tax question. She avowed that there was                                                                      
no proof that the U.S. Internal Revenue Service (IRS) would                                                                     
tax the permanent fund any differently after this amendment                                                                     
to the constitution was adopted. On the other hand, she                                                                         
conceded, there was no proof that the taxation would not                                                                        
change. She disclosed that the IRS had never taxed the                                                                          
program in the past and that to her knowledge, the Permanent                                                                    
Fund Corporation has never requested an opinion on the                                                                          
matter from the IRS.                                                                                                            
                                                                                                                                
Senator Green spoke of warnings that the legislature would                                                                      
lose control over the permanent fund by placing it into the                                                                     
constitution. She assured that the question of who qualified                                                                    
and who received the dividends would always remain in the                                                                       
legislature's perusal. She stressed that this was probably                                                                      
the sidebar that protects and keeps the dividend program                                                                        
from being reclassified for the purposes of federal                                                                             
taxation.                                                                                                                       
                                                                                                                                
Senator Green declared that she did not believe the IRS                                                                         
would risk losing the revenues it currently receives from                                                                       
taxes on dividends. She cited that since the beginning of                                                                       
the dividend program, $8.9 billion had been distributed as                                                                      
dividends and at a conservative rate of 15 percent, she                                                                         
calculated the IRS has received $1.34 billion.                                                                                  
                                                                                                                                
Senator Green continued that the legislature could still                                                                        
change the dividend program or the method of inflation                                                                          
proofing through a constitutional amendment approved by a                                                                       
vote of the people.                                                                                                             
                                                                                                                                
Senator Green mentioned SJR 18 offered the previous session                                                                     
that also proposed to place some of the dividend provisions                                                                     
into the constitution. She talked about the differences in                                                                      
the language between this resolution and SJR 35, saying the                                                                     
resolution before the Committee at this time places only the                                                                    
current statutes relating to dividends and inflation-                                                                           
proofing into the constitution. Excess earnings, she added,                                                                     
are left in statute under the provisions of SJR 35.                                                                             
                                                                                                                                
Senator Green asserted that this resolution would guarantee                                                                     
the legislature access to excess earnings in times of need.                                                                     
She stressed that before any excess earnings could be spent                                                                     
for government services, the public needs to be assured the                                                                     
dividend and inflation proofing was protected.                                                                                  
                                                                                                                                
She referred to the booklet, An Alaskan's Guide to the                                                                          
Permanent Fund, saying she thought it clearly states the                                                                        
intent of the program when it was established. [Copy on                                                                         
file] She emphasized the words, "generations to come" as                                                                        
repeatedly mentioned in the booklet. She cited the reason                                                                       
for the permanent fund was to "have less state income" and                                                                      
that it, "reduces the opportunity for excessive state                                                                           
spending." She told the Committee the legislators needed to                                                                     
remember this statement explains why the dividend program                                                                       
exists and why it must continue.                                                                                                
                                                                                                                                
Senator Green then addressed a collection of spreadsheets                                                                       
that show models and projections of the impact of various                                                                       
plans on the permanent fund and the dividend program. She                                                                       
cautioned that many more such spreadsheets would be                                                                             
presented and that they are all "suspects" because none has                                                                     
ever proven to be 100 percent correct. She noted this                                                                           
applied to any scenarios that either confirmed or refuted                                                                       
the objections of this resolution. She did however reference                                                                    
the spreadsheets contained in the handout that gave five                                                                        
scenarios ranging from spending none of the permanent fund                                                                      
excess earnings to spending all of the earnings for                                                                             
government services. According to these figures, she                                                                            
surmised that by the year 2010, the individual dividend                                                                         
changes by $100. Therefore, she asserted there was stability                                                                    
built into the permanent fund dividend program that was the                                                                     
envy of other dividend funds. She concluded that simply                                                                         
protecting the dividend and inflation proofing and allowing                                                                     
investments to continue was in the best interest of                                                                             
Alaskans.                                                                                                                       
                                                                                                                                
Senator Leman appreciated and shared the sponsor's desire to                                                                    
keep the fund a permanent fixture. However, he warned that                                                                      
under the current structure of paying dividends based on                                                                        
realized gains, there was a high likelihood the dividend                                                                        
would end in eight or nine years.  He asked why the existing                                                                    
structure was retained in the resolution instead of allowing                                                                    
a change to calculate dividends based on a percent of the                                                                       
value of the entire fund.                                                                                                       
                                                                                                                                
Senator Green responded that she did not think the fund                                                                         
would be eliminated under the current practice of                                                                               
calculating dividends.                                                                                                          
                                                                                                                                
Senator Leman relayed his understanding of how the fund                                                                         
would greatly diminish under the existing methodology. He                                                                       
qualified that while it has worked for the first 20 years of                                                                    
the program it had a high risk of failure. The concept of                                                                       
enshrining this method in the constitution concerned him                                                                        
because it could backfire.                                                                                                      
                                                                                                                                
Co-Chair Torgerson clarified Senator Leman's argument                                                                           
derived from a model presented by Callan and Associates that                                                                    
predicted if inflation rose considerably, the scenario of a                                                                     
depleted dividend could occur.                                                                                                  
                                                                                                                                
Senator P. Kelly relayed that Senator Leman's concern was                                                                       
that if the current structure was placed into the                                                                               
constitution, then the dividend amount would not be drawn                                                                       
down. Senator P. Kelly thought those assumptions were based                                                                     
on the premise that the dividends would be paid first from                                                                      
excess reserves, then the unrealized gains and finally the                                                                      
principal of the fund. However he was unsure that would                                                                         
happen with the program enshrined in the constitution.                                                                          
                                                                                                                                
Senator Donley thought Senator Leman was right. He spoke to                                                                     
a memo he had sent to members at the start of the year                                                                          
regarding this matter laying out that if certain events                                                                         
occurred, Senator Leman's predictions would occur. Senator                                                                      
Donley had proposed a solution to a particular caveat in the                                                                    
dividend calculation formula. His explained his suggestion                                                                      
would change the calculation in the event of certain                                                                            
occurrences.                                                                                                                    
                                                                                                                                
Senator Wilken requested a graphic representation, such as a                                                                    
pie chart showing the program today and what would occur if                                                                     
the measure were to pass.                                                                                                       
                                                                                                                                
Senator Green said she would comply but noted that the                                                                          
resolution actually changed nothing from the current system.                                                                    
                                                                                                                                
Co-Chair Torgerson shared that he wrote a memo to the                                                                           
executive director of the Permanent Fund Corporation                                                                            
requesting an official position on this legislation,                                                                            
specifically as it related to the tax exempt status of the                                                                      
corporation. He received a response saying the matter would                                                                     
be taken up at the March 8 Board of Directors Meeting.                                                                          
                                                                                                                                
RON LORENSEN, Attorney, Simpson, Tillinghast, Sorensen and                                                                      
Lorensen, Attorneys at Law, serving as outside council to                                                                       
the Permanent Fund Corporation for five years testified                                                                         
about a legal opinion obtained by the corporation on the                                                                        
taxation question.                                                                                                              
                                                                                                                                
Mr. Lorensen gave a history of the possible taxation of the                                                                     
dividend and what could be done to minimize the tax. He                                                                         
recounted how the corporation sought two outside legal                                                                          
opinions in 1988, each of which took a different approach to                                                                    
the question. He said the opinions both advised that the                                                                        
permanent fund should not be taxable and suggested certain                                                                      
changes to improve the argument that it should remain tax                                                                       
exempt. He remarked that most of those suggested changes                                                                        
were subsequently implemented including a number of changes                                                                     
made by the legislature in 1994. As a result of the changes,                                                                    
he stated that it was the general view that an argument                                                                         
claiming the permanent fund was subject to taxation would be                                                                    
very weak.                                                                                                                      
                                                                                                                                
Mr. Lorensen continued sharing that in 1998, a similar                                                                          
proposal for a constitutional amendment, SJR 18, was                                                                            
introduced in the legislature. At that time, he said, the                                                                       
board felt it was advisable to seek an update of the earlier                                                                    
tax opinions to learn if the changes made had an impact of                                                                      
minimizing tax concerns and also to assess how the proposed                                                                     
changes might implicate arguments to make the fund taxable.                                                                     
                                                                                                                                
That opinion, Mr. Lorensen informed the Committee, updated                                                                      
the earlier opinions to incorporate the adopted changes to                                                                      
the fund and also address the impacts of SJR 18. He relayed                                                                     
that the opinion advised that imbedding the dividend program                                                                    
into the constitution would create a significant risk of                                                                        
subjecting the permanent fund income to taxation. He cited                                                                      
the opinion gave two inter-related reasons, one was called a                                                                    
"private interest" in funds. He explained that when a                                                                           
private interest was created in government funds, the funds                                                                     
lose the governmental tax immunity protection. The other                                                                        
reason cited in the opinion, he continued was whether or not                                                                    
the income accrues to the state. He expounded that the                                                                          
underlying question was whether the state legislature, the                                                                      
body with the power of appropriation, also has the power of                                                                     
appropriation with respect to that income. He pointed out                                                                       
that by imbedding the appropriation of the dividends                                                                            
permanently into the state constitution, the constitution                                                                       
takes the appropriation power away from the legislature. As                                                                     
a result, he asserted the argument strengthens that the                                                                         
income no longer accrues to the state and becomes a private                                                                     
interest and subsequently becomes taxable income.                                                                               
                                                                                                                                
Mr. Lorensen said that the board had been concerned about                                                                       
the confidentiality of that opinion because of the                                                                              
conclusions contained, which could come back to harm the                                                                        
state if the information became public. He told the                                                                             
Committee that he had communicated to the board, the co-                                                                        
chair's conviction that this opinion was an important aspect                                                                    
of the public policy debate.                                                                                                    
                                                                                                                                
Mr. Lorensen disclosed that the board has authorized him to                                                                     
provide a copy of the opinion to the Committee "with no                                                                         
strings attached." He expressed that it was the board's                                                                         
preference that the information remains confidential but                                                                        
that the board offered the opinion to the Committee to use                                                                      
as it deemed appropriate.                                                                                                       
                                                                                                                                
AT EASE 10:26 AM / 10:27 AM                                                                                                     
                                                                                                                                
Co-Chair Torgerson relayed that he had a lengthy debate with                                                                    
the corporation and Mr. Lorensen about whether or not this                                                                      
opinion should be made public. Co-Chair Torgerson said that                                                                     
during the break, another Committee member suggested to him                                                                     
that the opinion should not be accepted if it could                                                                             
jeopardize the permanent fund. However, he concluded that                                                                       
the question of whether to enshrine the dividend in the                                                                         
constitution is a larger public policy question. He said in                                                                     
order for that question to be considered, Alaskans need to                                                                      
know the potential consequences.                                                                                                
                                                                                                                                
Co-Chair Torgerson stated that he was opposed to the                                                                            
Committee having an executive session to review the contents                                                                    
of the legal opinion only to emerge with a decision made                                                                        
without any public input or public record.                                                                                      
                                                                                                                                
Co-Chair Torgerson asked the witness whether he thought that                                                                    
releasing the opinion to the public would jeopardize the                                                                        
status of the permanent fund.                                                                                                   
                                                                                                                                
Mr. Lorensen answered that he did not believe that releasing                                                                    
the opinion would jeopardize the permanent fund. He added                                                                       
that the opinion concludes that the arguments are stronger                                                                      
regarding the tax exemption of the current status of the                                                                        
fund than if the dividend program were placed in the                                                                            
constitution.                                                                                                                   
                                                                                                                                
There was some discussion between Co-Chair Torgerson and Mr.                                                                    
Lorensen about the need for information provided to the                                                                         
Committee in a public hearing to be public information                                                                          
versus information garnered in an executive session. Mr.                                                                        
Lorensen concluded that while he was not convinced the                                                                          
opinion needed to be made public, he was prepared to release                                                                    
the opinion to the Committee to do with it as saw fit.                                                                          
                                                                                                                                
Senator Phillips asked for specific clarification from the                                                                      
legal advisor to the corporation, Mr. Lorensen, if the tax                                                                      
on the permanent fund would greatly increase if the                                                                             
resolution were adopted. Mr. Lorensen affirmed it would be                                                                      
substantially greater, "from something well below 50 percent                                                                    
now to well in excess of 50 percent, I believe."                                                                                
                                                                                                                                
When asked by Senator Phillips if he was guessing at this                                                                       
assessment, Mr. Lorensen qualified that "I'm just doing the                                                                     
best I can. I'm not the court. I'm not the ultimate                                                                             
decider."                                                                                                                       
                                                                                                                                
Senator Green said she knew the defining issue on the                                                                           
vulnerability of taxation was public interest versus private                                                                    
interest. She asked for a clarification of public interest.                                                                     
                                                                                                                                
Mr. Lorensen responded that the matter was not a question of                                                                    
public interest versus private interest, it was a question                                                                      
of whether or not a private interest was created. He                                                                            
explained private interest applied to an individual citizen                                                                     
that was independently enforceable, or could enforce him or                                                                     
herself. He stated that placing the dividend program into                                                                       
the constitution would provide that private interest because                                                                    
it would allow a citizen to make a constitutional claim for                                                                     
the dividend if he or she did not get one.                                                                                      
                                                                                                                                
Mr. Lorensen continued answering Senator Green's question                                                                       
saying that the other issue was whether or not the                                                                              
legislature had the ability to exercise the power of                                                                            
appropriation over the money.                                                                                                   
                                                                                                                                
Senator Green asked about the issue of whether the                                                                              
determination of who could receive the dividend was subject                                                                     
to legislative change. She wanted to know if that was                                                                           
considered when the board was discussing the taxability                                                                         
question and considering obtaining legal advice. She                                                                            
suggested the legislature could make eligibility                                                                                
determinations based on need, senior citizen status, or any                                                                     
permutation of demographic information. She thought that the                                                                    
private interest would not be established if the legislature                                                                    
had the option of redefining eligibility each year.                                                                             
                                                                                                                                
Mr. Lorensen did not think this specific variable was raised                                                                    
with the attorneys. However, he stated Senator Green's                                                                          
suggestion probably did not address the question of whether                                                                     
or not a private interest existed at any one point in time.                                                                     
He explained that while who was entitled to the private                                                                         
interest could change, the fact that an underlying private                                                                      
interested existed, would not change.                                                                                           
                                                                                                                                
Senator Green commented that even if the constitution were                                                                      
amended as proposed in this resolution, a future amendment                                                                      
was possible through the same process. Therefore, she                                                                           
concluded that the legislature would always have some                                                                           
involvement in the dividend program through the budget                                                                          
process unless the corporation decided to distribute the                                                                        
dividends itself.                                                                                                               
                                                                                                                                
Mr. Lorensen said the comments about amending the                                                                               
constitution were correct but that the legislature would not                                                                    
have control over the vote of the people, which would be                                                                        
required to pass an amendment.                                                                                                  
                                                                                                                                
Co-Chair Torgerson thought that the Committee would have to                                                                     
read the opinion to understand the witness's private                                                                            
interest argument.                                                                                                              
                                                                                                                                
Senator Adams worried that the federal tax rules were                                                                           
"governed by the creator," meaning that the federal                                                                             
government adopted laws when and how they benefited the                                                                         
federal government. He asked what amount the dividend would                                                                     
be using the model presented the previous year.                                                                                 
                                                                                                                                
Mr. Lorensen understood the question but did not know the                                                                       
answer. He did not know if the corporation had calculated                                                                       
those figures or not.                                                                                                           
                                                                                                                                
Senator Adams restated his question to ask, if the fund lost                                                                    
tax immunity, what percentage or amount of the interest                                                                         
would the federal government take from the fund in the form                                                                     
of taxes.                                                                                                                       
                                                                                                                                
Mr. Lorensen answered it would be approximately 39 percent                                                                      
                                                                                                                                
Co-Chair Torgerson asked if the board took a position on                                                                        
this resolution. Mr. Lorensen replied it had not.                                                                               
                                                                                                                                
Senator Phillips wanted to know if the board would take a                                                                       
position if the legislature requested it do so.                                                                                 
                                                                                                                                
Mr. Lorensen could not speak for the board.                                                                                     
                                                                                                                                
ART GRISWOLD testified via teleconference from Delta                                                                            
Junction that he believed more research should be done on                                                                       
the tax structure, but once resolved, supported the                                                                             
resolution.                                                                                                                     
                                                                                                                                
LYNN BURKHARDT testified via teleconference from Homer that                                                                     
if the public asked the legislature to not spend the                                                                            
permanent fund, then it should not be spent. She talked                                                                         
about the payoffs of the oil industry compared to the                                                                           
environmental impacts.                                                                                                          
                                                                                                                                
RALPH RECTOR testified via teleconference from Kenai asking                                                                     
why the tax would be so high because it should be calculated                                                                    
on the number of shareholders. "Keep your hands off of our                                                                      
money."                                                                                                                         
                                                                                                                                
JUNE BURKHART testified via teleconference from MatSu in                                                                        
strong support of the resolution and commended the sponsors.                                                                    
She believed that the fund was created for the benefits of                                                                      
all Alaskans forever.                                                                                                           
                                                                                                                                
ORAL FREEMAN testified via teleconference from Ketchikan in                                                                     
agreement with the resolution. He repeated the previous                                                                         
speaker's comment that the fund was for all Alaska.                                                                             
                                                                                                                                
CARL WASSILIE testified via teleconference from Anchorage in                                                                    
favor of SJR 35 saying he thought the tax concerns could be                                                                     
resolved with further discussion.                                                                                               
                                                                                                                                
                                                                                                                                
Tape: SFC - 00 #58, Side A    10:47 AM                                                                                          
                                                                                                                                
                                                                                                                                
JOHN GLOTFELTY testified via teleconference from Delta                                                                          
Junction in support of the resolution and questioned why the                                                                    
tax situation would change.                                                                                                     
                                                                                                                                
MARY GRISWOLD testified via teleconference from Homer in                                                                        
opposition of the resolution although she did support the                                                                       
concept of protecting the fund. She suggested HB 411 was a                                                                      
better method. She gave detailed to explain her reasoning.                                                                      
                                                                                                                                
JAMES SHOWALTER testified via teleconference from Kenai                                                                         
thanking the sponsors for introducing the bill, which he                                                                        
favored. He stated that it protects the oil revenues.                                                                           
                                                                                                                                
SUSAN GIBSON testified via teleconference from Kenai in                                                                         
support of the resolution. She suggested nonessential                                                                           
services should be eliminated and that if done so, there                                                                        
would be enough funds for the budget.                                                                                           
                                                                                                                                
DALE BONDURANT testified via teleconference from Kenai about                                                                    
his understanding of the purpose of the permanent fund and                                                                      
his support of the resolution.                                                                                                  
                                                                                                                                
LINDA ANDERSON testified via teleconference from MatSu that                                                                     
she thought the government had not been cut enough.                                                                             
                                                                                                                                
JESSEE CHANDLER testified via teleconference from MatSu in                                                                      
favor of SJR 35.                                                                                                                
                                                                                                                                
CLIFTON CHANDLER testified via teleconference from MatSu                                                                        
that he believed this resolution protected the permanent                                                                        
fund for his and his children's future.                                                                                         
                                                                                                                                
KEITH LIPSE testified via teleconference from MatSu thanking                                                                    
Senator Green for looking out for the public's interest in                                                                      
the permanent fund.                                                                                                             
                                                                                                                                
WALTER ST JOHN testified via teleconference from Big Delta                                                                      
that the IRS would love SJR 33 to become adopted.                                                                               
                                                                                                                                
ORVILLE MCETHY testified via teleconference from Kenai in                                                                       
support of SJR 35. He commented on the fast ferries in                                                                          
British Columbia, Canada and noted that Governor Knowles was                                                                    
planning to purchase two for Alaska.                                                                                            
                                                                                                                                
Co-Chair Torgerson ordered the resolution HELD in Committee.                                                                    
ADJOURNED                                                                                                                       
                                                                                                                                
Senator Torgerson adjourned the meeting at 10:57 AM.                                                                            
SFC-00 (18) 03/22/00                                                                                                            

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