Legislature(1999 - 2000)

02/04/2000 08:10 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
   JOINT SENATE JUDICIARY & STATE AFFAIRS COMMITTEE                                                                             
                   February 4, 2000                                                                                             
                     8:10 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Robin Taylor, Chairman                                                                                                  
Senator Dave Donley                                                                                                             
Senator Jerry Ward                                                                                                              
Senator Lyda Green                                                                                                              
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Rick Halford, Vice-Chairman                                                                                             
Senator John Torgerson                                                                                                          
Senator Johnny Ellis                                                                                                            
Senator Jerry Mackie                                                                                                            
Senator Randy Phillips                                                                                                          
                                                                                                                                
OTHERS PRESENT                                                                                                                  
                                                                                                                                
Senator Loren Leman                                                                                                             
Representative Scott Ogan                                                                                                       
Representative Jerry Sanders                                                                                                    
Representative John Coghill                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
Discussions with former Governor Hammond on SJR 35.                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Former Governor Jay Hammond                                                                                                     
General Delivery                                                                                                                
Port Alsworth, AK 99653                                                                                                         
POSITION STATEMENT: Gave opinion on SJR 35                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-05, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CO-CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                                                              
order at 8:10 a.m.  The first order of business to come before the                                                              
committee was the opinion of former Governor Hammond on SJR 35.                                                                 
Chairman Taylor introduced former Governor Jay Hammond.                                                                         
                                                                                                                                
Chairman Taylor explained that the purpose of SJR 35 is to provide                                                              
an opportunity for the people of Alaska to vote on whether the                                                                  
legislature should continue to protect and defend the PFD.  SJR 35                                                              
retains the formula that provides for a PFD and inflation proofing,                                                             
and it establishes parameters on how the money left over is spent.                                                              
That has been the practice in the legislature since the creation of                                                             
the PFD.                                                                                                                        
                                                                                                                                
Number 166                                                                                                                      
                                                                                                                                
FORMER GOVERNOR JAY HAMMOND, who held office from 1974 to 1982,                                                                 
stated that initially when the August 14, 1999 advisory vote                                                                    
failed, many people speculated the legislature would do nothing.                                                                
He felt that was unlikely.  At an Alaska Humanities Forum gathering                                                             
held in Anchorage, he felt the public understood the true question                                                              
but he felt the public vote reflected a primary concern to not                                                                  
touch the PFD, somehow the public has to be removed before the                                                                  
legislature can get toward a balanced budget plan.                                                                              
                                                                                                                                
The legislature is better equipped to decide who needs budget cuts,                                                             
or revenue enhancing is the best means of accomplishing those                                                                   
objectives.  There are certain basics that should be met to meet                                                                
the public accord, one being the reassurance that the PFD                                                                       
essentially will remain the same, unaffected.  That can be                                                                      
accomplished in two or three different ways.  SJR 35 calls for a                                                                
constitutional amendment, enshrining the PFD.  Senator Mackie's                                                                 
proposal would do something similar to SJR 35, and there are other                                                              
proposals out there.  What form that will take, he is certainly not                                                             
the best person to make that decision.  He has suggested that once                                                              
the PFD is assured, how the budget gap is closed is up to the                                                                   
legislature.  There have been discussions about revenue                                                                         
enhancements, revenue cuts, and he suggested that the State receive                                                             
benefits from the oil wealth, roughly in this proportion.                                                                       
                                                                                                                                
The State only receives approximately 10 percent of the benefits in                                                             
the dividend.  The other 90 percent have been going to government                                                               
services, that is another benefit.  He would suggest that by                                                                    
addressing it through cuts, reduce the benefits that primarily go                                                               
to Alaskans, the dividends go exclusively to Alaskans.  The                                                                     
benefits of other state services go primarily to Alaskans, and if                                                               
you use that approach solely you will neglect another source of                                                                 
revenue.  The enormous amount of transient workers, commercial                                                                  
fishermen, tourists, who don't receive benefits from either of                                                                  
those sources, the dividend and state services.  If you choose to                                                               
simply cut services, it is not as bad as cutting dividends.  If you                                                             
need more money, doing something that would cap some of the other                                                               
transient sources.  There are several services out there that would                                                             
do less damage to the average Alaskan, than would a reduction in                                                                
the dividend, and perhaps a reduction of services.  Keep all the                                                                
options on the table, don't just cut or impose taxes; take a look                                                               
at a broad mixture that takes those elements into consideration.                                                                
Whatever program is adopted has to be a major step toward resolving                                                             
the budget gap.  Give the people relative assurance that the PFD's                                                              
are essentially the same as in the past.                                                                                        
                                                                                                                                
Concerns have been voiced about a constitutional amendment, one                                                                 
being that it might change the PFD's tax exempt status with the                                                                 
Internal Revenue Service.  The other concern is that if the                                                                     
constitutional amendment doesn't pass.  There is no backup that                                                                 
assures the public that the PFD will remain unaffected.  A vote of                                                              
the public on that question would have almost the same force and                                                                
effect on legislative violence to the PFD, as would a                                                                           
constitutional amendment.  The legal ramifications are also of                                                                  
concern.  If the constitutional amendment were floated out, and                                                                 
there was no backup, the legislature would be back to square one.                                                               
                                                                                                                                
                                                                                                                                
Number 667                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR explained that SJR 35 would only put a                                                                          
constitutional vote before the people.  Do you want the assurance                                                               
that the same system that you have grown used to over the years,                                                                
will be protected in that fashion.  There is no discussion here                                                                 
about fully resolving the fiscal gap, a plan to resolve that might                                                              
take $1.2 to $1.5 billion.  Income taxes and other things will                                                                  
generate $300 million, which is only a small portion of it.                                                                     
Whatever plan is used to resolve the budget problem will be a                                                                   
fairly complex plan.  Alaska has many other sources and                                                                         
opportunities for revenue, land sales being one of them.  The                                                                   
legislature has several such bills floating around also.                                                                        
                                                                                                                                
Number 769                                                                                                                      
                                                                                                                                
SENATOR GREEN stated that she watched the debates on the advisory                                                               
vote; her main opposition was the language.  An issue debated on                                                                
both sides was that the public doesn't mind the legislature using                                                               
some of the money if the people are assured that the dividend will                                                              
not be affected.  The people's confidence was shaken on the                                                                     
advisory vote, the legislature has to go back and bring the public                                                              
to an understanding that the legislature is trying to inflation                                                                 
proof the fund.  This was based on the non-renewable resources, it                                                              
does not regenerate itself.                                                                                                     
                                                                                                                                
SENATOR GREEN's initial interest in introducing SJR 35 was to give                                                              
the public the assurance the PFD is protected.  The tax issue was                                                               
just a "red herring."  Anytime you inquire further about court                                                                  
decisions and inquiries from the IRS there is disappointment in the                                                             
response because it is always no.  Is the IRS going to come in one                                                              
day and say the State is prevented from doing this by agency                                                                    
administration and lawyers.                                                                                                     
                                                                                                                                
It involves changing the bar, how many votes and support it                                                                     
requires to appropriate and pay out the dividend.  To change the                                                                
bar it would go to a 2/3 vote in the legislature, and a vote of the                                                             
people.  For people who have the ability to testify they might say                                                              
that it could raise a tax question.                                                                                             
                                                                                                                                
Number 1035                                                                                                                     
                                                                                                                                
SENATOR WARD stated that there are people who truly believe that                                                                
legislators can't touch the dividend without a vote of the people.                                                              
The original legislation reads that it is at the mercy of the                                                                   
legislature.  Senator Ward asked Governor Hammond what the                                                                      
reasoning was behind the creation of the PFD.                                                                                   
                                                                                                                                
Number 1140                                                                                                                     
                                                                                                                                
GOVERNOR HAMMOND stated that he advocated for 50 percent of lease                                                               
bonus royalties and severance taxes.  The legislature at that time                                                              
cut severance tax out, cutting the total contributions in half.                                                                 
The 50 percent was reduced to 25 percent, but the legislature has                                                               
infused money in the fund to offset that reduction.  At that time                                                               
he asked that half the earnings be used for dividends and the other                                                             
half be used for government services.  If the fund had the                                                                      
contribution level that was originally proposed, it wouldn't need                                                               
inflation proofing.                                                                                                             
                                                                                                                                
It would have been impossible to add additional constraints to                                                                  
require a vote of the people.  Using some of the money for public                                                               
purposes, and one public purpose is inflation proofing the fund.                                                                
If 50 percent of the funds earnings shall be allocated for public                                                               
purposes, and don't even mention dividends, maybe that is more                                                                  
legally tenable.  If the legislature did that the State would have                                                              
to have something to acquire public support.  What if the State                                                                 
needed more of those moneys than what some formula restricted you                                                               
to, to keep the State out of bankruptcy.  There should be an escape                                                             
clause that the allows the legislature to have access to those                                                                  
funds or change that formula.                                                                                                   
                                                                                                                                
Number 1367                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR explained that the Constitutional Budget Reserve                                                                
Fund does need a 3/4 vote to pass, and since the fund was created                                                               
the State has had to utilize the fund almost every year.                                                                        
                                                                                                                                
REPRESENTATIVE OGAN explained that an opinion by legal counsel for                                                              
the legislature stated that HJR 49 could potentially be a tax                                                                   
problem.  Representative Ogan asked Governor Hammond to explain in                                                              
detail the why the legislature can alter the dividend program, but                                                              
the legislature can't touch the principle of the fund without                                                                   
changing the constitution.  Representative Ogan then explained what                                                             
happened last year with the advisory vote.                                                                                      
                                                                                                                                
GOVERNOR HAMMOND stated that he is totally opposed to a cap on the                                                              
dividend.  Suddenly there has been international interest in the                                                                
PFD program.  Countries and corporations are interested in how the                                                              
fund was created and the dividend program itself.  Governor Hammond                                                             
advised legislators not to touch the dividend program because the                                                               
program would not be as successful if the public was not involved.                                                              
The public is always looking over its shoulder to see how their                                                                 
government is spending the money.  Governor Hammond stated that no                                                              
more than 50 percent of the earnings should be used to inflation                                                                
proof the fund; dividends wouldn't necessarily have to be                                                                       
mentioned.  A vote of the public would eliminate the government's                                                               
ability to cause mischief with the money.                                                                                       
                                                                                                                                
SENATOR TAYLOR said that in essence SJR 35 does just that.  It says                                                             
the State will conduct things just as it has, changing nothing.  50                                                             
percent of the Permanent Fund's earnings will go to dividends, and                                                              
the other 50 percent will ensure the public there will be inflation                                                             
proofing.  It will be the opposite of Senator Mackie's plan.  The                                                               
public believes it already has that right, but it doesn't.  The                                                                 
government should give it that right, and preserve that right                                                                   
within the constitution.                                                                                                        
                                                                                                                                
GOVERNOR HAMMOND said he also wanted to create an investment entity                                                             
that the public would own shares in.  Like any other investment or                                                              
stock, the public should have an opportunity to vote on it, but                                                                 
that plan was "Zobelized".  There are problems with the simplistic                                                              
approach of shareholder voting, because a vast majority of the                                                                  
shareholders are children who don't have the right to vote.  There                                                              
should be a vote of the people, or as close as you can get to it                                                                
without posing legal ramifications.  It should be looked at like a                                                              
stock portfolio and the shareholders, or the public, should have a                                                              
say in how it is conducted, not left up primarily to the                                                                        
legislators.                                                                                                                    
                                                                                                                                
Number 1921                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN stated some facts about the income tax and                                                                  
state sales tax.  He pointed out the public would certainly be                                                                  
interested in State spending, if there was an income tax.                                                                       
                                                                                                                                
GOVERNOR HAMMOND said when the income tax was eliminated people                                                                 
criticized the State for living beyond its means.  To correct that,                                                             
people must cut their living expenses, or increase their means.  By                                                             
eliminating the income tax the State has severed a connection                                                                   
between the public purse and the politicians.  That had to be re-                                                               
established.  That was another reason for creating the dividend                                                                 
program.  He disagreed with eliminating the income tax.  He felt                                                                
that it should be suspended or reduced, but not eliminated in case                                                              
the State needed it.                                                                                                            
                                                                                                                                
GOVERNOR HAMMOND questioned how economic development is possible,                                                               
particularly the type that generates new population increases.  If                                                              
the State is not extracting enough money to offset the cost of                                                                  
services provided, that is a formula for uneconomic development.                                                                
Other states know they have to extract money through taxes and user                                                             
fees to support economic development.  If the state cannot balance                                                              
the budget through cuts and needs revenue type enhancements, it can                                                             
impose an income tax or state sales tax.  It can structure income                                                               
taxes to reduce the percentage paid by Alaskans and increase the                                                                
percentage paid by transients.  Governor Hammond gave some other                                                                
creative ideas on taxes and credits given to Alaskans.                                                                          
                                                                                                                                
The Mackie Plan is the opposite of what the PFD was created for.                                                                
If the legislature allowed people to borrow $25,000, at current                                                                 
dividend levels it would prime rate plus, and all the public would                                                              
do is relinquish their dividend until the balance is at zero.  The                                                              
only ones that would pay out of pocket are short time people that                                                               
are going to leave the State.                                                                                                   
                                                                                                                                
Number 2267                                                                                                                     
                                                                                                                                
SENATOR TAYLOR said the important deal today is will the                                                                        
legislature give the public the assurance they believe they have                                                                
had all along.  That is, will there be some semblance  of                                                                       
protection to the dividend program, and will there be some                                                                      
semblance to inflation proofing the fund.  That is all SJR 35 does.                                                             
                                                                                                                                
SENATOR LEMAN stated the problem the State has with financial                                                                   
experts theories.  If the market drops off then the State could                                                                 
lose the PFD in eight or nine years.  A better method to pay the                                                                
dividend is instead of paying it on realized gains, to pay as a                                                                 
portion of the value of the fund.  There is still incentive to keep                                                             
the fund, protect it and keep it growing, but maybe providing                                                                   
incentive for people to play with creating realized gains.  Last                                                                
year, Governor Knowles proposed the PFD board sell some of it to                                                                
create earnings.  Maybe we should change the formula, so we protect                                                             
it and have it in perpetuity.                                                                                                   
                                                                                                                                
GOVERNOR HAMMOND said he was not opposed to that.                                                                               
                                                                                                                                
SENATOR LEMAN asked Governor Hammond if the State should keep the                                                               
concept of paying dividends off some type of earnings, keep the                                                                 
concept of inflation proofing and doing it that way.                                                                            
                                                                                                                                
GOVERNOR HAMMOND said yes that would be ideal.                                                                                  
                                                                                                                                
TAPE 00-05, SIDE B                                                                                                              
                                                                                                                                
SENATOR ELTON asked Governor Hammond if he would feel more                                                                      
comfortable if the legislature enshrined what was in the                                                                        
constitution, to using 15 to 20 percent of the income stream for                                                                
other government purposes.                                                                                                      
                                                                                                                                
Number 2346                                                                                                                     
                                                                                                                                
GOVERNOR HAMMOND replied whether or not the legislature enshrined                                                               
it in the constitution, he would have no objection to 15 percent                                                                
that still allows for inflation proofing and full funding                                                                       
dividends.  Some people think that it may take 37 percent, only                                                                 
leaving 13 percent for other public purposes.  He would support                                                                 
even the 50-30-20 or the 40-30-30 approach, but the 40-30-30 would                                                              
erode the dividend by roughly 20 percent by what it would otherwise                                                             
be.  But, anything beyond that gets into the guts of the dividend                                                               
concept and why it was created.  Governor Hammond referred to a                                                                 
plan from Senator Torgerson.                                                                                                    
                                                                                                                                
SENATOR ELTON stated that it probably wouldn't matter that much if                                                              
the legislature were to enshrine the progression of the fund, and                                                               
then using a capped portion of the dividend stream.                                                                             
                                                                                                                                
SENATOR TAYLOR said that is exactly what the bill does, there is no                                                             
cap.  Each discussion on the undistributed income account, those                                                                
are discussions that have to be taken up in the legislative process                                                             
and in public debate.  By passing this bill the State is not going                                                              
to have only the legislature in a smoke filled room, making a                                                                   
decision that impacts the dividends or impacts inflation proofing.                                                              
The public is then assured they will have a vote on the subject,                                                                
before it was to occur.  The people believe they have a right to a                                                              
vote, the legislature should make certain the public does have that                                                             
right.                                                                                                                          
                                                                                                                                
Number 2177                                                                                                                     
                                                                                                                                
SENATOR GREEN said the concerns of the public across the State was                                                              
a discomfort when it comes to a decision of the PFD.  Until the                                                                 
legislature assures the public that it is not the intent of the                                                                 
legislature to spend the dividend program, and by passing SJR 35 or                                                             
a similar measure then there can be discussions handling the                                                                    
problems the State has with its budget.                                                                                         
                                                                                                                                
REPRESENTATIVE SANDERS asked Governor Hammond about the government                                                              
getting 90 percent of the money and the public gets 10 percent.                                                                 
Now, the State is saying perhaps another 15 percent.  When that was                                                             
given to the government, they used all of that and a little more.                                                               
If they are granted another 15 percent, how long will it take                                                                   
before the government expands to use all of that and a little more.                                                             
How does this thing progress if the legislature does not enshrine                                                               
and protect the dividend, and inflation proofing by a vote of the                                                               
people.                                                                                                                         
                                                                                                                                
GOVERNOR HAMMOND said the additional income that could have been                                                                
used for other purposes, that went into undistributed earnings it                                                               
went as icing on the cake.  If we are going to give anything up it                                                              
should be that.  There is no way to write a meaningful spending                                                                 
limit.  Governor Hammond refers to the Dave Rose Plan, and that is                                                              
something that the State should maybe look at again.                                                                            
                                                                                                                                
SENATOR TAYLOR said all plans are worthy of debate.  The                                                                        
legislature always goes one step further.  The legislature just                                                                 
needs to make sure the public can have a vote on what happens to                                                                
the corpus of the fund before it's tapped.  That will be put into                                                               
the constitution.                                                                                                               
                                                                                                                                
GOVERNOR HAMMOND said his concerns were if the constitutional                                                                   
amendment gets voted down and the legislature doesn't have a                                                                    
backup.  Is there a catastrophic escape clause provision.  If the                                                               
legislature carried on even after a vote of the people, it would be                                                             
political hari-kari.  If you can avoid that and accomplish the same                                                             
thing in a simpler approach, it is something to consider.                                                                       
                                                                                                                                
SENATOR WARD said he thought the legislature would never try to                                                                 
take the dividend without a vote of the people.  Last year the                                                                  
House of Representative passed the legislation with an effective                                                                
date, regardless of whether the advisory passed, the time had come                                                              
that the system was grabbing the money.                                                                                         
                                                                                                                                
GOVERNOR HAMMOND said there hasn't been a public vote expressing                                                                
the opinion of the people in the manner that he thought they would                                                              
express themselves.  Once that is done, the State would have                                                                    
constraints on the legislature that weren't in existence before the                                                             
vote.                                                                                                                           
                                                                                                                                
SENATOR DONLEY said obviously the existing appropriation limit in                                                               
the constitution has never worked, the calculation under the                                                                    
existing constitutional language would give the State six billion                                                               
dollars in general funds to spend now.  There is a way to craft                                                                 
constitutional restraints on spending that might be effective, in                                                               
our system of government is not conducive to downsizing, because of                                                             
the pressure on the legislature by the constituents for more.  In                                                               
America, very few legislatures and executive branches have been                                                                 
successful in downsizing.                                                                                                       
                                                                                                                                
Number 1820                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN said the Majority Caucus from the House of                                                                  
Representative introduced companion legislation to Senator Donley's                                                             
bill because capping the PFD only will not fix the spending                                                                     
problem.  The companion legislation caps spending and protects the                                                              
PFD.                                                                                                                            
                                                                                                                                
CHAIRMAN TAYLOR expressed the committee's gratitude to Governor                                                                 
Hammond.                                                                                                                        
                                                                                                                                
GOVERNOR HAMMOND commended committee members for confronting an                                                                 
issue that has to be resolved.  SJR 35 is an element of the total                                                               
package that has to be addressed first.  If the State of Alaska                                                                 
continually draws off the budget reserve account, the dividends                                                                 
will go into a free fall and probably exhaust in the near future.                                                               
Any action to preclude that is worthy of pursuit.                                                                               
                                                                                                                                
There being no further business to come before the committee,                                                                   
CHAIRMAN TAYLOR adjourned the meeting at 9:10 a.m.                                                                              

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