02/14/2017 03:30 PM Senate STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| SB48 | |
| SJR2 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 48 | TELECONFERENCED | |
| *+ | SJR 2 | TELECONFERENCED | |
| + | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 14, 2017                                                                                        
                           3:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Dunleavy, Chair                                                                                                    
Senator David Wilson                                                                                                            
Senator Cathy Giessel                                                                                                           
Senator John Coghill                                                                                                            
Senator Dennis Egan                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 48                                                                                                              
"An  Act creating  a fund  in  the Department  of Public  Safety;                                                               
providing for  payment of certain medical  insurance premiums for                                                               
surviving dependents  of certain police officers  or firefighters                                                               
who  die in  the line  of duty;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 2                                                                                                   
Proposing an amendment to the Constitution of the State of                                                                      
Alaska relating to an appropriation limit.                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 48                                                                                                                   
SHORT TITLE: INS. FOR DEPENDS. OF DECEASED FIRE/POLICE                                                                          
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/03/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/03/17       (S)       STA, FIN                                                                                               
02/14/17       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SJR 2                                                                                                                   
SHORT TITLE: CONST AM: APPROPRIATION LIMIT                                                                                      
SPONSOR(s): STATE AFFAIRS                                                                                                       
                                                                                                                                
01/27/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/27/17       (S)       STA, JUD, FIN                                                                                          
02/14/17       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR JOHN COGHILL                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 48.                                                                                         
                                                                                                                                
JORDAN SHILLING, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided a sectional analysis of SB 48,                                                                   
Version J.                                                                                                                      
                                                                                                                                
JOAN WILKERSON, Assistant Attorney General                                                                                      
Civil Division                                                                                                                  
Labor and State Affairs Section                                                                                                 
Alaska Department of Law                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Addressed SB 48 regarding survivor health                                                                 
benefits.                                                                                                                       
                                                                                                                                
DANIEL GEORGE, Staff                                                                                                            
Senator Mike Dunleavy                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of SJR 2.                                                                            
                                                                                                                                
JEREMY PRICE, State Director                                                                                                    
Americans for Prosperity                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SJR 2.                                                                            
                                                                                                                                
BOB WILLIAMS, State Budget Solutions Representative                                                                             
American Legislative Exchange Council                                                                                           
Gig Harbor, Washington                                                                                                          
POSITION STATEMENT: Testified in support of SJR 2.                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:30:49 PM                                                                                                                    
CHAIR  MIKE DUNLEAVY  called the  Senate  State Affairs  Standing                                                             
Committee meeting  to order at 3:30  p.m. Present at the  call to                                                               
order  were Senators  Wilson, Giessel,  Egan, Coghill,  and Chair                                                               
Dunleavy.                                                                                                                       
                                                                                                                                
                                                                                                                                
     SB 48-INSURANCE FOR DEPENDENTS OF DECEASED FIRE/POLICE                                                                 
                                                                                                                                
3:31:22 PM                                                                                                                    
CHAIR DUNLEAVY announced the consideration of SB 48.                                                                            
                                                                                                                                
3:31:42 PM                                                                                                                    
SENATOR JOHN COGHILL, Alaska State Legislature, Juneau, Alaska,                                                                 
sponsor of SB 48, provided an overview of SB 48 as follows:                                                                     
                                                                                                                                
     SB 48  is an answer to  a problem that has  been in the                                                                    
     building  for  some  time  and   that  is  how  to  get                                                                    
     insurance  benefits for  survivors  of police  officers                                                                    
     and  firefighters. Hearing  those  horrible times  when                                                                    
     through no  fault of their  own, somebody is  killed in                                                                    
     the line  of action;  there was  a couple  of different                                                                    
     ways to look  at it, what we chose to  do was to follow                                                                    
     the lead of the administration  and try to figure out a                                                                    
     way  to establish  a fund  that  could be  used by  the                                                                    
     Department  of  Public Safety  to  take  care of  state                                                                    
     employees through that funding process.                                                                                    
                                                                                                                                
     So you will  see in here the rules how  that fund would                                                                    
     work  and what  the qualifications  are. Currently  the                                                                    
     surviving  [beneficiaries  lose services]  immediately;                                                                    
     well, that's just not acceptable.  Not only do you have                                                                    
     a  devastating loss  in your  life, but  also you  find                                                                    
     yourself  in  this  real awkward  spot  of  asking  for                                                                    
     something  that  you  should be  a  natural  matter  of                                                                    
     course.                                                                                                                    
                                                                                                                                
     So  this   legislation  has  been   a  topic   of  some                                                                    
     conversation  for the  last year  and certainly  I felt                                                                    
     the pressure for it, the  need for it, and the politics                                                                    
     of it quite frankly during  the campaign season; but, I                                                                    
     made a commitment  that if there's an  answer we should                                                                    
     find  it and  this  is the  answer,  the solution  that                                                                    
     we've  come   up  with  that  would   continue  medical                                                                    
     insurance coverage for the spouse and dependents, and                                                                      
     it gives some of the qualification timelines for that.                                                                     
                                                                                                                                
3:33:59 PM                                                                                                                    
JORDAN SHILLING, Staff, Senator John Coghill, Alaska State                                                                      
Legislature, Juneau, Alaska, provided a sectional analysis of SB
48, Version J, as follows:                                                                                                      
                                                                                                                                
     Section 1                                                                                                              
        Sec. 39.60.010 - Police officer and firefighter                                                                         
     survivors' fund established:                                                                                               
                                                                                                                                
          The  police  officer  and  firefighter  survivors'                                                                    
          fund  is established  for  the  purpose of  paying                                                                    
          medical   insurance  premiums   for  an   eligible                                                                    
          surviving spouse  or dependent  child of  a police                                                                    
          officer or firefighter.                                                                                               
                                                                                                                                
          The Department  of Public Safety shall  create two                                                                    
          separate  accounts   within  the  fund:   a  state                                                                    
          employee   account   and  a   municipal   employee                                                                    
          account. The  accounts can consist  of legislative                                                                    
          appropriations,  private donations,  and municipal                                                                    
          contributions.                                                                                                        
                                                                                                                                
    Sec.   39.60.020   -   Powers   and   duties   of   the                                                                     
     commissioner:                                                                                                              
                                                                                                                                
          Annually,  the Commissioner  of the  Department of                                                                    
          Public Safety shall determine  the amount of money                                                                    
          necessary  to pay  premiums to  eligible surviving                                                                    
          dependents.                                                                                                           
                                                                                                                                
     Sec. 39.60.030 - Payment authorized:                                                                                       
                                                                                                                                
          The  Commissioner  of  the  Department  of  Public                                                                    
          Safety may  use money in  the fund to  pay medical                                                                    
          insurance   premiums    for   eligible   surviving                                                                    
          dependents.                                                                                                           
                                                                                                                                
      Sec. 39.60.040 - Eligibility of surviving dependents                                                                      
        of police officers and firefighters for medical                                                                         
     insurance premiums:                                                                                                        
                                                                                                                                
          A   surviving   dependent   may   apply   to   the                                                                    
          commissioner  for  payment  of  medical  insurance                                                                    
          premiums.   The    commissioner   will    make   a                                                                    
          determination  of eligibility  within  30 days  of                                                                    
          receiving the application.                                                                                            
                                                                                                                                
          A surviving dependent is eligible if:                                                                                 
                                                                                                                                
             · At the time of death, the police officer or                                                                      
               firefighter   was  a   year-round,  permanent                                                                    
               full-time   employee   of    the   state   or                                                                    
               municipality that has opted into this fund;                                                                      
             · At the time of death, the surviving                                                                              
               dependent  was  receiving  employer-sponsored                                                                    
               medical insurance benefits;                                                                                      
             · The proximate cause of the employee's death                                                                      
               is  a bodily  injury  sustained  or a  hazard                                                                    
               undergone  while   in  the   performance  and                                                                    
               within  the scope  of the  employee's duties;                                                                    
               and                                                                                                              
             · The injury or hazard is not the proximate                                                                        
               result   of   willful   negligence   by   the                                                                    
               employee.                                                                                                        
                                                                                                                                
          A   surviving  spouse   becomes  ineligible   upon                                                                    
          becoming   eligible  to   receive  major   medical                                                                    
          insurance coverage  by other means, or  reaches 65                                                                    
          years of age - whichever comes first.                                                                                 
                                                                                                                                
          A  surviving  dependent child  becomes  ineligible                                                                    
          upon  becoming eligible  to receive  major medical                                                                    
          insurance coverage  by other means, or  reaches 26                                                                    
          years of age - whichever comes first.                                                                                 
                                                                                                                                
          The  commissioner shall  pay the  premium for  the                                                                    
          level  of medical  insurance coverage  existing at                                                                    
          the  time  of  death, beginning  the  first  month                                                                    
          following the  date the  dependent applied  to the                                                                    
          fund. Payment  of premiums  will be  made directly                                                                    
          to the medical insurance provider.                                                                                    
                                                                                                                                
     Sec. 39.60.050 - Municipal election to participate in                                                                      
     police officer and firefighter survivors' fund:                                                                            
                                                                                                                                
          A  municipality may  elect to  participate in  the                                                                    
          fund. The commissioner  shall determine the amount                                                                    
          and  frequency  of   the  municipality's  required                                                                    
          contributions   to   the   fund,  based   on   the                                                                    
          anticipated  cost. A  surviving  dependent is  not                                                                    
          eligible  for  payments  unless  the  municipality                                                                    
          opts into the fund.                                                                                                   
                                                                                                                                
        Sec. 39.60.060 - Eligibility of municipal police                                                                        
     officers and firefighters:                                                                                                 
                                                                                                                                
          A  surviving  dependent  of a  police  officer  or                                                                    
          firefighter  who was  employed  by a  municipality                                                                    
          may be  eligible for payment if  immediately after                                                                    
          the  time  of  death the  municipality  elects  to                                                                    
          participate  in  the fund,  and,  at  the time  of                                                                    
          death,  the  police  officer  or  firefighter  was                                                                    
          receiving employer-sponsored medical insurance.                                                                       
                                                                                                                                
     Sec. 39.60.070 - Terms of agreement by municipality to                                                                     
     participate in fund:                                                                                                       
                                                                                                                                
          An  agreement  between   the  commissioner  and  a                                                                    
          municipality must  include a requirement  that the                                                                    
          municipality contribute to the  fund as needed, be                                                                    
          current  with contributions,  and comply  with all                                                                    
          other rules and regulations.                                                                                          
                                                                                                                                
     Sec. 39.60.190 - Definitions:                                                                                              
                                                                                                                                
          Definitions    for     "child",    "commissioner",                                                                    
          "department", "dependent",  "firefighter", "fund",                                                                    
          "police officer", and "surviving spouse".                                                                             
                                                                                                                                
     Section 2                                                                                                              
      AS 44.41.020 - Powers and duties of department (new                                                                       
     subsection):                                                                                                               
                                                                                                                                
          The Department  of Public Safety shall  manage and                                                                    
          administer  the  fund   in  cooperation  with  the                                                                    
          Department of Administration.                                                                                         
                                                                                                                                
     Section 3                                                                                                              
     Uncodified law:                                                                                                            
                                                                                                                                
          The  commissioner  of   public  safety  may  adopt                                                                    
          regulations necessary  to implement secs. 1  and 2                                                                    
          of  this Act.  The regulations  take effect  under                                                                    
          the Administrative  Procedure Act, but  not before                                                                    
          the effective date of sections 1 and 2.                                                                               
                                                                                                                                
     Section 4                                                                                                              
     Effective date:                                                                                                            
                                                                                                                                
          Section 3 takes effect immediately.                                                                                   
                                                                                                                                
     Section 5                                                                                                              
     Effective date:                                                                                                            
                                                                                                                                
          Sections 1 and 2 take effect July 1, 2017.                                                                            
                                                                                                                                
3:41:23 PM                                                                                                                    
SENATOR  WILSON addressed  volunteer  firefighters  and asked  if                                                               
municipalities  will  be able  to  contribute  into the  proposed                                                               
fund.                                                                                                                           
                                                                                                                                
MR. SHILLING replied as follows:                                                                                                
                                                                                                                                
     When you  look at  the definition of  "firefighter" and                                                                    
     "police officer," under the bill  as written now if the                                                                    
     individual that you are referring  to is an employee of                                                                    
     the state or is an  employee of a municipality that has                                                                    
     chosen to opt in and  they are eligible under the other                                                                    
     provisions  in the  bill  then yes,  my  guess is  they                                                                    
     would be eligible for a benefit.                                                                                           
                                                                                                                                
SENATOR WILSON noted page 4, line 15 in the bill as follows:                                                                    
                                                                                                                                
     At   the  time   of  death,   the  police   officer  or                                                                    
     firefighter  was eligible  for and  receiving employer-                                                                    
     sponsored medical insurance.                                                                                               
                                                                                                                                
He opined that  since the firefighters are  volunteers they would                                                               
not receive the benefit.                                                                                                        
                                                                                                                                
MR. SHILLING  asked Senator Wilson  if the volunteers that  he is                                                               
referencing are employees of a municipality.                                                                                    
                                                                                                                                
SENATOR WILSON explained that the  individuals are volunteers and                                                               
do not receive the full benefits of their fulltime counterparts.                                                                
                                                                                                                                
MR. SHILLING  explained that  the bill as  designed is  for state                                                               
and municipal  employees that are  fulltime, permanent,  and work                                                               
year-round.                                                                                                                     
                                                                                                                                
SENATOR WILSON  commented that volunteer firefighters  risk their                                                               
lives just as much as a fulltime employee.                                                                                      
                                                                                                                                
3:44:12 PM                                                                                                                    
SENATOR  COGHILL stated  that his  office will  find out  what is                                                               
currently  available  to  volunteers and  the  possibilities  for                                                               
coverage under the proposed fund.                                                                                               
                                                                                                                                
CHAIR DUNLEAVY  opined that volunteer  firemen would  not qualify                                                               
under the  bill as  currently written if  the volunteers  are not                                                               
employees or employed by a municipality.                                                                                        
                                                                                                                                
MR. SHILLING answered correct.                                                                                                  
                                                                                                                                
CHAIR DUNLEAVY asked  what the practice has  been since statehood                                                               
when  a  police officer  or  firefighters  dies  in the  line  of                                                               
service.  He inquired  if something  has happened  where benefits                                                               
have been diminished.                                                                                                           
                                                                                                                                
MR. SHILLING stated  that there is currently  a benefit provided,                                                               
but  not for  medical  insurance  premiums which  is  what SB  48                                                               
envisions. He  opined that  recent deaths may  be the  reason why                                                               
the  issue has  been  brought forward.  He  recommended that  the                                                               
Department of Law also address Chair Dunleavy's question.                                                                       
                                                                                                                                
3:46:54 PM                                                                                                                    
JOAN WILKERSON, Assistant Attorney  General, Alaska Department of                                                               
Law, Juneau, Alaska, responded  that the survivor-health benefits                                                               
has  been  afforded  before.  She   noted  that  the  benefit  is                                                               
exclusively available to families of Tier I employees.                                                                          
                                                                                                                                
CHAIR DUNLEAVY  asked Ms. Wilkerson  to address the  recent issue                                                               
for the survivors' health benefits.                                                                                             
                                                                                                                                
MS.  WILKERSON stated  that  there is  a void  that  needs to  be                                                               
filled.                                                                                                                         
                                                                                                                                
CHAIR  DUNLEAVY asked  Mr. Shilling  to address  how the  fund is                                                               
funded.                                                                                                                         
                                                                                                                                
3:49:30 PM                                                                                                                    
MR.  SHILLING specified  that on  page  2, line  1, two  separate                                                               
accounts  are created  where one  is  for the  purpose of  paying                                                               
benefits  to state-employee  survivors and  the other  is to  pay                                                               
benefits  to  municipal-employee   survivors.  He  detailed  that                                                               
appropriations can be made into  both accounts by the Legislature                                                               
as  well as  donations. He  pointed out  that the  unique one  is                                                               
under    the    municipal   employee-survivor    account    where                                                               
municipalities,  if  opted  in,  can contribute  money  into  the                                                               
account  for  the purposes  of  paying  the benefit  to  eligible                                                               
dependents.                                                                                                                     
                                                                                                                                
CHAIR  DUNLEAVY  noted  that  the  language  says  the  state  or                                                               
municipality  "may appropriate"  and interpreted  the wording  as                                                               
meaning the state or municipality does not have to appropriate.                                                                 
                                                                                                                                
MR. SHILLING answered correct. He said  the use of the word "may"                                                               
is  pervasive throughout  the bill  and  that is  to ensure  that                                                               
nothing is being  done that creates a dedicated  fund. He pointed                                                               
out  that   the  money   can  be   reappropriated  by   a  future                                                               
legislature.                                                                                                                    
                                                                                                                                
CHAIR DUNLEAVY  asked what the  estimated amount is to  start the                                                               
fund.                                                                                                                           
                                                                                                                                
MR. SHILLING  replied that $70,000  is currently required  for 3-                                                               
dependent families.                                                                                                             
                                                                                                                                
3:51:00 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
3:51:44 PM                                                                                                                    
CHAIR DUNLEAVY called  the committee back to order.  He asked Mr.                                                               
Shilling to readdress the fund's initial budget amount.                                                                         
                                                                                                                                
MR.  SHILLING specified  that the  $70,116 fiscal  note is  split                                                               
among 3-dependent surviving families.                                                                                           
                                                                                                                                
CHAIR  DUNLEAVY   asked  if   new  funding   would  have   to  be                                                               
appropriated for future survivor-health benefits.                                                                               
                                                                                                                                
SENATOR COGHILL detailed that the  commissioner will have to make                                                               
an assessment  on an annual  basis to  make an adjustment  for an                                                               
appropriation. He  noted that Chair Dunleavy's  question hit upon                                                               
one of  the reasons why  the bill in  going with a  fund approach                                                               
rather than an actuarial approach.                                                                                              
                                                                                                                                
MR. SHILLING added  that the Legislature could  put in additional                                                               
money  that was  necessary for  a fiscal  year to  front-load the                                                               
fund in order to accommodate for an untimely death.                                                                             
                                                                                                                                
CHAIR DUNLEAVY  asked how  the fund  will be  managed out  of the                                                               
commissioner's office or the Department of Revenue.                                                                             
                                                                                                                                
MR. SHILLING replied  that the bill has the  Department of Public                                                               
Safety's  commissioner  managing  the   fund,  but  doing  so  in                                                               
cooperation with the Department of Administration.                                                                              
                                                                                                                                
SENATOR WILSON  asked if consideration  has been given  to manage                                                               
the fund with a bit more oversite than just one individual.                                                                     
                                                                                                                                
3:54:39 PM                                                                                                                    
MR. SHILLING answered that the  sponsor's office has talked about                                                               
what Senator  Wilson addressed.  He noted  that the  Senate State                                                               
Affairs Committee can add more oversite.                                                                                        
                                                                                                                                
SENATOR WILSON addressed the "police"  definition in the bill and                                                               
asked  if  Village  Safety  Police   Officers  (VPSOs)  are  also                                                               
covered.                                                                                                                        
                                                                                                                                
MR.  SHILLING  answered  no.  He  detailed  that  VPSOs  are  not                                                               
employees  of the  state. He  added  that VPSOs  are not  covered                                                               
under the state's Public Employees'  Retirement System (PERS). He                                                               
noted that VPSOs have not  been covered under previous iterations                                                               
of the bill as well.                                                                                                            
                                                                                                                                
CHAIR DUNLEAVY asked Mr. Shilling  why the bill's approach is the                                                               
way to  go. He noted  that other  ways are possible,  including a                                                               
life-insurance policy approach.                                                                                                 
                                                                                                                                
MR. SHILLING disclosed  that the approach originated  from one of                                                               
the administration's working groups  over the interim. He pointed                                                               
out  that  there  were  some issues  with  past  approaches  that                                                               
amended  the PERS  program. He  set forth  that the  case-by-case                                                               
approach  in the  bill allows  for more  flexibility, allows  the                                                               
Legislature to  have more control, and  provides more flexibility                                                               
to the municipalities who have the option of opting in.                                                                         
                                                                                                                                
3:56:49 PM                                                                                                                    
SENATOR  COGHILL  added  that  the  approach in  the  bill  is  a                                                               
premium-payment  method. He  said the  intent  is not  to be  the                                                               
insurer,  but to  quickly  get the  survivors  insurance. He  set                                                               
forth that  the flexibility provides  for as immediate  action as                                                               
possible. He  admitted that  one of the  saddest things  that his                                                               
office  found  out  from  the   recent  tragedies  was  that  the                                                               
insurance stopped as  soon as the deaths were  certified and that                                                               
is why flexibility is needed  at the commissioner's office to get                                                               
the  premium in  as soon  as  practical. He  summarized that  the                                                               
methodology  in   the  bill  is   more  nimble,  but   an  annual                                                               
appropriation will be required.                                                                                                 
                                                                                                                                
CHAIR  DUNLEAVY  asked  if  the  annual  appropriation  can  vary                                                               
depending upon  the unfortunate situation  of having  families in                                                               
need of insurance. He added  that the appropriation could rise or                                                               
fall based on the number of dependents in a family as well.                                                                     
                                                                                                                                
MR. SHILLING answered yes.                                                                                                      
                                                                                                                                
3:58:15 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
3:58:43 PM                                                                                                                    
CHAIR DUNLEAVY called  the committee back to  order. He announced                                                               
that SB  48 will be  set aside  with notice for  public testimony                                                               
for the committee's next meeting.                                                                                               
                                                                                                                                
SENATOR  COGHILL  added that  testimony  from  the Department  of                                                               
Public Safety  will be included in  the next meeting as  well. He                                                               
said he  noticed a  couple of  places in  the bill  where changes                                                               
could be made to make the legislation better.                                                                                   
                                                                                                                                
3:59:35 PM                                                                                                                    
CHAIR DUNLEAVY  announced he  would hold SB  48 in  committee for                                                               
future consideration.                                                                                                           
                                                                                                                                
3:59:42 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
              SJR 2-CONST AM: APPROPRIATION LIMIT                                                                           
                                                                                                                                
4:01:58 PM                                                                                                                    
CHAIR DUNLEAVY called  the committee back to  order and announced                                                               
the  consideration of  Senate  Joint Resolution  2,  (SJR 2).  He                                                               
explained that SJR 2 is  a constitutional amendment appropriation                                                               
limit  sponsored  by  the  Senate  State  Affairs  Committee.  He                                                               
provided an overview of SJR  2 based upon his sponsor's statement                                                               
as follows:                                                                                                                     
                                                                                                                                
     In  1982,  Alaska's  voters  enacted  a  constitutional                                                                    
     appropriation limit  which can be found  in Article IX,                                                                    
     Section 16. It has applied  to every budget since FY84.                                                                    
     However,  in practice  the spending  cap has  grown too                                                                    
     high to matter during  the budget process. For example,                                                                    
     the  constitutionally  calculated  spending  limit  for                                                                    
     this  year is  $10.1  billion,  while applicable  state                                                                    
     spending is roughly $5.2 billion.  Simply put, we could                                                                    
     double the  budget today before  bumping into  the cap.                                                                    
     Unless we  act to "reset"  the spending limit,  it will                                                                    
     remain  powerless to  curb  future government  spending                                                                    
     growth.                                                                                                                    
                                                                                                                                
     SJR  2 lowers  the  constitutional appropriation  limit                                                                    
     amount, to  bring it in  line with the  state's current                                                                    
     fiscal realty, and to respect  the intent of voters who                                                                    
     chose  to restrict  the size  of  their government.  It                                                                    
     ties  the cap  going  forward to  a  percentage of  the                                                                    
     annual  change in  population and  inflation, to  allow                                                                    
     for changing conditions in the state.                                                                                      
                                                                                                                                
     SJR 2 draws  on the wisdom from  experience since 1982,                                                                    
     and aims  to close  loopholes which allow  for spending                                                                    
     to bypass the limit. It  attempts to simplify the limit                                                                    
     so  that it  can  be easily  understood  by budget  and                                                                    
     policy makers, as well as ordinary citizens.                                                                               
                                                                                                                                
     Alaskans  are  prepared to  help  get  us through  this                                                                    
     short-term fiscal  situation, but  do not want  to give                                                                    
     government an  open checkbook. One of  the simplest and                                                                    
     most impactful ways we can  structurally reduce and cap                                                                    
     government    growth   is    through   repairing    the                                                                    
     constitutional   appropriation  limit   to  ensure   it                                                                    
     functions, as  the voters of Alaska  intended when they                                                                    
     enshrined it in the Constitution not once, but twice.                                                                      
                                                                                                                                
     The  state's fiscal  situation calls  upon Alaskans  to                                                                    
     make  sacrifices and  the people  want assurances  that                                                                    
     the size, spend, and growth  of government will be kept                                                                    
     in  check. SJR  2  may  be the  most  crucial piece  of                                                                    
     legislation that helps in accomplishing this goal.                                                                         
                                                                                                                                
4:06:24 PM                                                                                                                    
DANIEL GEORGE, Staff, Senator Mike Dunleavy, Alaska State                                                                       
Legislature, Juneau, Alaska, provided an overview of SJR 2 as                                                                   
follows:                                                                                                                        
                                                                                                                                
     SJR 2 is  a timely conversation, it  addresses a clause                                                                    
     in our  constitution that  for some  time has  not been                                                                    
     relevant  to the  discussion;  but,  given our  current                                                                    
     predicament, it is  an option to help us  deal with our                                                                    
     fiscal  situation  as well  as  guide  the state  going                                                                    
     forward, and it's an opportunity  to respect the intent                                                                    
     of the  voters who  enshrined this in  the constitution                                                                    
     not once, but twice.                                                                                                       
                                                                                                                                
     The way SJR 2 functions  is it takes all state spending                                                                    
     and places  it within  a dollar-cap  limit and  that is                                                                    
     the way the existing Article  IX, Section 16 reads, and                                                                    
     then it names and lists out the items that are outside                                                                     
     that limit.                                                                                                                
                                                                                                                                
MR.  GEORGE  disclosed that  former  legislators  and staff  from                                                               
former governors  were contacted for  input as well.  He divulged                                                               
that former  governor Hammond's staff members  were contacted and                                                               
noted  that   the  appropriation  cap  was   originally  Governor                                                               
Hammond's bill.                                                                                                                 
                                                                                                                                
MR. GEORGE  reiterated that  SJR 2 takes  all state  spending and                                                               
places it within a limit and  then lists each item that is exempt                                                               
from the  limit. He noted  that as Senator Dunleavy  pointed out,                                                               
the legislation would be on the ballot in November of 2018.                                                                     
                                                                                                                                
4:09:01 PM                                                                                                                    
He   presented   to   the  committee   an   overview,   "SJR   2,                                                               
Constitutional  Appropriation  Limit-Revision," and  detailed  as                                                               
follows:                                                                                                                        
                                                                                                                                
   · Article IX, Section 16 of Alaska's Constitution.                                                                           
   · In Alaska: An annual cap on appropriations which can be                                                                    
     enacted, which grows yearly by the increase in population                                                                  
     and inflation, and held binding by the constitution. Some                                                                  
     categories of appropriations are exempted.                                                                                 
   · According to Alaska's OMB, "appropriation" is defined as,                                                                  
     "Statutory  authorization  to  spend a  specific  amount  of                                                               
     money  for   a  state  purpose.  Appropriations   are  often                                                               
     subdivided  into  allocation  in  the  appropriations  bill.                                                               
     Funds  may not  be spent  without an  appropriation made  by                                                               
     law."                                                                                                                      
                                                                                                                                
He addressed page 3, "How Many States Have Limits?" as follows:                                                                 
                                                                                                                                
   · Appropriation limits are part of a broader category of Tax                                                                 
     and Expenditure Limits (TEL).                                                                                              
   · According to the National Conference of State Legislatures                                                                 
     (NCSL), as of 2010:                                                                                                        
        ƒ30 states operate under a tax or expenditure limit.                                                                   
        ƒ23 states have spending limits.                                                                                       
        ƒ3 states have tax limits.                                                                                             
        ƒ4 states have both spending and tax limits.                                                                           
   · Roughly half of these limits are constitutional, the other                                                                 
     half are statutory.                                                                                                        
                                                                                                                                
He   noted  that   Alaska's  appropriation   limit  is   a  state                                                               
appropriation  limit that  does  not apply  to municipalities  or                                                               
local governments.                                                                                                              
                                                                                                                                
CHAIR DUNLEAVY  pointed out that  many municipalities  have opted                                                               
for certain caps; for example, Anchorage  has a tax cap and other                                                               
municipalities have to  get a vote of the people  to raise a tax.                                                               
He  noted that  the  term  "appropriation" is  used  in the  same                                                               
breathe  as   "revenue  limit;"   the  two  terms   are  slightly                                                               
different, but the  effects are they are trying to  have the same                                                               
effect and that is to limit the growth and size of government.                                                                  
                                                                                                                                
MR. GEORGE continued  on page 3 and addressed the  23 states that                                                               
have spending limits as follows:                                                                                                
                                                                                                                                
     Of  the  states  that   have  tax  expenditure  limits,                                                                    
     roughly  half  are  constitutional in  nature  and  the                                                                    
     other half  are statutory; Alaska  has both as  you may                                                                    
     know.  The constitutional  limit in  1982 and  then the                                                                    
     statutory  limit  was  enacted by  the  Legislature  in                                                                    
     1986, the  same year that the  constitutional limit was                                                                    
     up for a revisit. When  the bill passed the Legislature                                                                    
     and went  to the voters,  it was known that  they would                                                                    
     revisit the limit  in four year; so they  know it would                                                                    
     be on the ballot again in  four years and have a chance                                                                    
     to look at it and see how  it was doing and see if they                                                                    
     liked it  or not. The Legislature  passed the statutory                                                                    
     limit knowing  full well that the  constitutional limit                                                                    
     may or may not exist  later on, but the statutory limit                                                                    
     would exist regardless.                                                                                                    
                                                                                                                                
4:12:02 PM                                                                                                                    
CHAIR DUNLEAVY emphasized that SJR 2  is not something new to the                                                               
people of  Alaska, and they had  a say on an  appropriation limit                                                               
decades ago. He acknowledged that  Alaskans did want to constrain                                                               
the Legislature and the size of government.                                                                                     
                                                                                                                                
MR. GEORGE  addressed page 4,  "How Did We Get  Our Appropriation                                                               
Limit?" and detailed as follows:                                                                                                
                                                                                                                                
     Historical Context:                                                                                                        
                                                                                                                                
        · Trans-Alaska Pipeline System (TAPS) completed,                                                                        
          first oil flowed June 20, 1976.                                                                                       
        · Alaska Permanent Fund established by voters                                                                           
          November 2, 1976.                                                                                                     
        · From FY79 to FY82, Alaska's total budget tripled,                                                                     
          going from $1.08 billion to $3.21 billion. For                                                                        
         reference, the FY06 budget was $3.29 billion.                                                                          
        · Alaska was facing a challenge of plenty at the                                                                        
          time and there was a robust dialog about the need                                                                     
          for an appropriation limit that took place in the                                                                     
          early 80s.                                                                                                            
                                                                                                                                
MR. GEORGE pointed out that Alaska's budgets have grown in quick                                                                
bursts over the years.                                                                                                          
                                                                                                                                
SENATOR  COGHILL   noted  that  in  the   constitution  there  is                                                               
reference  to the  inflation  rate. He  asked  if dollar  amounts                                                               
addressed  by Mr.  George  are  in real  dollars  or in  inflated                                                               
dollars.                                                                                                                        
                                                                                                                                
MR. GEORGE replied as follows:                                                                                                  
                                                                                                                                
     The   "Unrestricted  General   Revenue/Budget  History"                                                                    
     graph referenced on  page 4 is in  nominal dollars that                                                                    
     are not  adjusted. If you  were to turn this  into real                                                                    
     dollars, you  see that  blip around  the early  80s, it                                                                    
     would look  nearly as high as  the top of the  chart on                                                                    
     the right  hand side  of the 2000s.  So what  they were                                                                    
     facing  was, and  if you  were to  look at  it in  real                                                                    
     terms  per capita,  it's  very  significant. There's  a                                                                    
     whole  presentation that  Legislative  Finance has  put                                                                    
     together on this.                                                                                                          
                                                                                                                                
SENATOR COGHILL commented on nominal dollars versus adjusted                                                                    
dollars and specified as follows:                                                                                               
                                                                                                                                
     This  is just  a context  we need  to kind  of keep  in                                                                    
     front of us  because we are going to be  asking them to                                                                    
     think about how  it would look in  the adjusted dollars                                                                    
     along the way and yet  it just shows that stark reality                                                                    
     of the huge volume of dollars that have come and gone.                                                                     
                                                                                                                                
4:15:11 PM                                                                                                                    
MR. GEORGE addressed page 5, "How Did We Get Our Limit?" as                                                                     
follows:                                                                                                                        
                                                                                                                                
     Timeline:                                                                                                                  
                                                                                                                                
        · July 15, 1981: Legislature passed Governor                                                                            
          Hammond's SJR 4 in a special session.                                                                                 
        · November 2, 1982: Voters enshrined the amendment                                                                      
          limiting appropriation increases in the Alaska                                                                        
          constitution, passing Ballot Measure 4 with a 61                                                                      
          percent to 39 percent tally.                                                                                          
        · November 4, 1986: Voters reaffirmed the amendment                                                                     
          in a planned revisit, passing 71 percent to 29                                                                        
          percent.                                                                                                              
                                                                                                                                
     Later Fiscal Measures:                                                                                                     
                                                                                                                                
        · 1986: Statutory Appropriation Limit.                                                                                  
        · 1991: Statutory Budget Reserve Fund.                                                                                  
        · 1991: Constitutional Budget Reserve Fund.                                                                             
                                                                                                                                
MR.  GEORGE noted  that Governor  Hammond in  1981 addressed  the                                                               
larger  budget  and  called  a   special  session  for  a  fiscal                                                               
guarantee  regarding the  state's  future for  by  asking for  an                                                               
appropriation limit, via SJR 4, to go before the Legislature.                                                                   
                                                                                                                                
CHAIR  DUNLEAVY  pointed  out  that the  chart  that  Mr.  George                                                               
referenced  shows that  each time  the  people of  Alaska had  an                                                               
opportunity to vote on an  appropriation limit they reaffirmed it                                                               
and did so  by larger numbers. He opined that  a baseline "spend"                                                               
that was actually more constrained  with less of an incline would                                                               
have resulted  in billions  of more  dollars in  savings accounts                                                               
and  the budget  issue that  the Legislature  has been  grappling                                                               
with for the last two or three years  would not be as large as it                                                               
is today. He set  forth that SJR 2 draws on  the past and present                                                               
to chart  the course for  the future  that is much  more fiscally                                                               
sustainable for Alaskans.                                                                                                       
                                                                                                                                
4:17:12 PM                                                                                                                    
MR. GEORGE addressed page 6, "Why  SJR 2 Was Brought Forward," as                                                               
follows:                                                                                                                        
                                                                                                                                
        · The appropriation limit in Article IX, Section 16                                                                     
          is in need of repair; it has soared out of reach                                                                      
          and failed to impact any spending since its                                                                           
          enactment:                                                                                                            
             ƒFY17 budget was $5.2 billion, while the                                                                          
               limit was $10 billion.                                                                                           
        · The limit may never come into play again unless                                                                       
          it is reset.                                                                                                          
        · The intent of the voters should be respected and                                                                      
          there should be a meaningful appropriation limit.                                                                     
                                                                                                                                
4:18:10 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:18:52 PM                                                                                                                    
CHAIR DUNLEAVY called the committee back to order.                                                                              
                                                                                                                                
MR. GEORGE addressed page 7, "Why SJR 2 Was Brought Forward,                                                                    
Continued," as follows:                                                                                                         
                                                                                                                                
   · During the 2016 interim, Senator Dunleavy asked Legislative                                                                
     Finance Division (LFD) to review the existing Statutory and                                                                
     Constitutional Appropriation Limits.                                                                                       
   · LFD responded with analysis and also provided a look at                                                                    
     problems associated  with the  state's spending  limits, and                                                               
     recommendations for ways to assist  in developing a workable                                                               
     loophole-proof  as much  as possible  with a  spending limit                                                               
     that would:                                                                                                                
             ƒSuppress the growth of government ring revenue                                                                   
               surpluses,                                                                                                       
             ƒAddress rapid burning of reserves during revenue                                                                 
               shortfalls.                                                                                                      
   · Staff worked with LFD, Legal Services Division, and                                                                        
     individuals involved in the creation of the existing                                                                       
     appropriation limit, to craft a revised appropriation limit                                                                
     for Alaska.                                                                                                                
                                                                                                                                
He addressed page 8, "Key Elements of SJR's Revision to the                                                                     
Constitutional Appropriation Limit," as follows:                                                                                
                                                                                                                                
   · Simplicity in presentation:                                                                                                
        ƒVoters must be able to clearly understand the                                                                         
          limit; it must not be so complex or wonky that it                                                                     
          cannot be easily explained.                                                                                           
        ƒSJR 2 was designed to simplify the existing                                                                           
          limit.                                                                                                                
   · Sophisticated in function:                                                                                                 
        ƒBorrows from lessons learned following implementation                                                                 
          of the 1982 limit.                                                                                                    
        ƒOMB's Division of Strategic Planning wrote a paper in                                                                 
          1986 which characterized the  1982 limits as, "Complex,                                                               
          because  it  has  be.  Like  all  legislation,  it  was                                                               
          designed  to  strike  a balance  between  accomplishing                                                               
          something  in  a  particular  way,  yet  simultaneously                                                               
          preserving  the flexibility  to  respond to  unforeseen                                                               
          events and changing circumstances."                                                                                   
                                                                                                                                
He addressed page 9, "Basics of SJR 2" as follows:                                                                              
                                                                                                                                
   · Would need to pass during the 30th Legislature, prior to                                                                   
     the November 2018 General Election:                                                                                        
        ƒConstitutional    Amendments   and    Conventions:   AS                                                               
          15.50.030,   placing   proposition   on   ballot.   The                                                               
          lieutenant governor shall direct  the director to place                                                               
          the ballot title and proposition  on the ballot for the                                                               
          next   statewide  general   election  held   after  the                                                               
          amendment proposed by the Legislature  or held 120 days                                                               
          after  the  amendment   proposed  by  a  constitutional                                                               
          convention.  If there  is insufficient  time to  permit                                                               
          the proposition to  be placed on the  regular ballot by                                                               
          the director, the lieutenant  governor shall direct the                                                               
          director  to   prepare  a   separate  ballot   for  the                                                               
          proposition.                                                                                                          
   · Effective Date: Under AS 15.50.060, would become effective                                                                 
     30 days after certification; this means SJR 2 would be                                                                     
     effective for the FY2020 budget, contemplated in early                                                                     
     2019.                                                                                                                      
                                                                                                                                
4:21:27 PM                                                                                                                    
CHAIR DUNLEAVY commented as follows:                                                                                            
                                                                                                                                
     Once again,  we are going  through a time where  we may                                                                    
     be asking  the people of  Alaska for the first  time in                                                                    
     decades   to  contemplate   a  tax,   contemplate  some                                                                    
     reconfiguration   of  the   permanent  fund,   and  the                                                                    
     feedback I've  been getting  from constituents  is they                                                                    
     want to  pull together  and get  Alaska to  get through                                                                    
     this period of  time; but, the very  concern about once                                                                    
     we get through this period of  time is it's going to be                                                                    
     an  "open  checkbook"  and  is it  going  to  be  their                                                                    
     checkbook  that's  open  for any  future  increases  in                                                                    
     taxes,  any future  reconfigurations  of the  permanent                                                                    
     fund. The  feedback that I'm getting  from constituents                                                                    
     is  they want  to  keep government  constrained and  as                                                                    
     small as possible  so that they can keep  as much money                                                                    
     in  their  pockets.  I  had   a  discussion  with  many                                                                    
     constituents  that believe  we should  be sure  that we                                                                    
     have adequate public safety,  good roads, good schools,                                                                    
     their concerns  are some of  the other things  that may                                                                    
     have spent  our money on  in the past, they  would like                                                                    
     us not  to go back to  that spending where when  we get                                                                    
     money, we spend it for the  most part, we save a little                                                                    
     bit, but  we spend it for  the most part; they  want to                                                                    
     be  assured as  we move  forward they  are going  to be                                                                    
     able to retain as money in their pockets and the state                                                                     
     will have adequate funds to deliver basic services.                                                                        
                                                                                                                                
4:23:22 PM                                                                                                                    
MR. GEORGE addressed page 10, "Basics of SJR 2, Continued,"                                                                     
regarding spending exempt "outside" the limit appropriations                                                                    
made as follows:                                                                                                                
                                                                                                                                
   · The Alaska Permanent Fund;                                                                                                 
   · Payment of Permanent Fund Dividends;                                                                                       
   · Meet a state of disaster declared by the governor as                                                                       
     prescribed by law, AS 26.23.020;                                                                                           
   · State general obligation or revenue bond proceeds;                                                                         
   · Obligations under State general obligation bonds and                                                                       
     revenue bonds;                                                                                                             
   · Money received from the federal government;                                                                                
   · Reappropriation of a previous unobligated appropriation;                                                                   
   · Expenditure by a state agency to provide internal services,                                                                
     or to provide services to another agency, and another state                                                                
     agency has also received an appropriation of the same                                                                      
     money.                                                                                                                     
  · Money held in trust by the state for a particular purpose;                                                                  
   · Money receive by the state from a source other than the                                                                    
     state or federal government that is restricted to a                                                                        
     specific use by the terms of a gift, grant, bequest, or                                                                    
     contract;                                                                                                                  
   · Revenue of a public enterprise or public corporation that                                                                  
     issues revenue bonds;                                                                                                      
   · Money deposited into the Constitutional Budget Reserve                                                                     
     (CBR), back to the funds and accounts from which the money                                                                 
     came, "reverse sweep;"                                                                                                     
   · State savings account or fund as prescribed by law;                                                                        
   · Dedicated funds.                                                                                                           
                                                                                                                                
CHAIR DUNLEAVY addressed general obligation bonds and revenue                                                                   
bonds. He noted that revenue bonds have revenue attached to                                                                     
service those bonds.                                                                                                            
                                                                                                                                
4:27:19 PM                                                                                                                    
MR. GEORGE addressed page 11, "What Is Inside and Outside the                                                                   
Limit?" as follows:                                                                                                             
                                                                                                                                
   · Permanent Fund Dividends:                                                                                                  
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: outside.                                                                                                   
   · General Obligation Bond Proceeds (State):                                                                                  
        ƒExisting limit: inside, unless in Capital Budget and                                                                  
          approved by voters;                                                                                                   
        ƒNew limit: outside, universally.                                                                                      
   · General Obligation Bond Principal Repayment (State):                                                                       
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: outside.                                                                                                   
   · General Obligation Bond Interest Repayment (State):                                                                        
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: outside.                                                                                                   
   · Municipal Debt Service:                                                                                                    
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: inside.                                                                                                    
   · Revenue Bond Proceeds:                                                                                                     
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: outside.                                                                                                   
   · Revenue Bond Debt Service:                                                                                                 
        ƒExisting limit: inside;                                                                                               
        ƒNew limit: outside.                                                                                                   
  · Money held in trust by the State for a particular purpose:                                                                  
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: outside.                                                                                                   
   · Revenues of public enterprise or public corporation of the                                                                 
     State that issues revenue bonds:                                                                                           
        ƒExisting limit: outside                                                                                               
        ƒNew limit: outside.                                                                                                   
   · Federal receipts:                                                                                                          
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: outside.                                                                                                   
   · Reappropriatons:                                                                                                           
        ƒExisting limit: outside, per attorney general opinion;                                                                
        ƒNew limit: outside, explicitly.                                                                                       
   · I/A Services and Duplicate Appropriations:                                                                                 
        ƒExisting limit: implied outside;                                                                                      
        ƒNew limit: outside, specified.                                                                                        
   · Gift, grant, bequest, or contract, restrict money from                                                                     
     neither Feds or State for a specific use:                                                                                  
        ƒExisting limit: implied outside;                                                                                      
        ƒNew limit: outside, specified.                                                                                        
   · CBR reverse-sweep:                                                                                                         
        ƒExisting limit: not contemplated;                                                                                     
        ƒNew limit: outside.                                                                                                   
   · To a state savings account, as prescribed by law                                                                           
     (designated in the statutory bill), which require further                                                                  
     appropriation in order to spend. (Statutory Budget Reserve                                                                 
     (SBR), CBR):                                                                                                               
        ƒExisting limit: implied outside;                                                                                      
        ƒNew limit: outside, specified.                                                                                        
   · Dedicated funds (per Constitutional definition):                                                                           
        ƒExisting limit: outside, with exceptions;                                                                             
        ƒNew limit: outside.                                                                                                   
   · Appropriations from other than the Treasury:                                                                               
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: inside.                                                                                                    
   · Appropriations into the Permanent Fund:                                                                                    
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: outside.                                                                                                   
   · State Capital Budget:                                                                                                      
        ƒExisting limit: inside, unless valid and approved by                                                                  
          voters as prescribed by law;                                                                                          
        ƒNew limit: inside, generally.                                                                                         
  · Disaster (when declared by governor, as provided by law):                                                                   
        ƒExisting limit: outside;                                                                                              
        ƒNew limit: outside.                                                                                                   
                                                                                                                                
MR. GEORGE noted that one  significant item which was not spelled                                                               
out  in  the  original  limit was  municipal  debt  service  that                                                               
includes: transportation,  infrastructure, bonds that are  on the                                                               
local level,  and school debt  reimbursement; those  are approved                                                               
on a municipal-wide  basis. He explained that the  state, under a                                                               
statute   that  dates   back  to   1971,  has   made  an   annual                                                               
appropriation in most  years to offset or  pay the municipalities                                                               
for those costs.  He said as a  policy call, the way  SJR 2 works                                                               
is  it takes  all state  spending, except  for the  items in  the                                                               
exclusions, and  puts them on  equal footing with one  another so                                                               
that they  compete for scarce  resources under equal  footing. He                                                               
detailed that  SJR 2 would take  municipal-debt reimbursement and                                                               
place it within  a limit; that doesn't mean it  wouldn't be paid,                                                               
it's just that it would have to compete with other items.                                                                       
                                                                                                                                
4:28:33 PM                                                                                                                    
He addressed page 12, "The Built-In Growth Formula" as follows:                                                                 
                                                                                                                                
   · The mechanism which adjust the appropriation cap annually                                                                  
     is a critically important element.                                                                                         
   · The existing limit's formula adjusts the spending cap by                                                                   
     100 percent of the cumulative change in population and                                                                     
     inflation; this led to a trajectory for the limit which                                                                    
     quickly became unattainable.                                                                                               
   · If the formula in 1982 had been set at 50 percent of the                                                                   
     cumulative change in population and inflation, the limit                                                                   
     would have cutoff the mountain of spending for FY06 to                                                                     
     FY15.                                                                                                                      
                                                                                                                                
CHAIR DUNLEAVY  concurred with Mr.  George that  if SJR 2  was in                                                               
place, the  appropriation spikes from  FY06 and beyond  would not                                                               
have occurred.  He asserted that  billions of dollars  would have                                                               
been put  into savings  that the state  would have  today; that's                                                               
one of  the major  points of trying  to revise  the appropriation                                                               
limit. He  set forth that the  state will come into  more revenue                                                               
over  time and  noted  recent oil  discoveries  occurring on  the                                                               
North  Slope as  well  as  an oil-price  rebound.  He said  being                                                               
prepared for the future will allow  the state to save more of the                                                               
added revenue.                                                                                                                  
                                                                                                                                
4:30:56 PM                                                                                                                    
MR. GEORGE addressed page 13,  "Further Policy Considerations" as                                                               
follows:                                                                                                                        
                                                                                                                                
   · Flagged spending items for further examination:                                                                            
        ƒRevenue bond  debt service; specifically,  whether this                                                               
          exemption should be limited to bonds that generate                                                                    
          sufficient revenue, or anticipated reductions, to                                                                     
          cover debt service.                                                                                                   
        ƒUnrestricted federal funds,  approximately $7.4 million                                                               
          in FY18.                                                                                                              
        ƒReappropriations and scope changes.                                                                                   
        ƒUniversity receipts, Designated  General Funds (DGF) or                                                               
          other.                                                                                                                
        ƒAppropriations   to  a   state   savings  account,   as                                                               
          designated by law; statutory clarification needed, CBR                                                                
          or SBR.                                                                                                               
        ƒDedicated fund;  example, Fish and Game  Fund currently                                                               
          inside the limit, the introduced bill would place all                                                                 
          dedicated funds outside the limit. Note: dedicated                                                                    
          fund are not the same as designated funds.                                                                            
        ƒCapital budget;  this is an obvious  loophole if placed                                                               
          outside the limit.                                                                                                    
   · Pressure-relief valve:                                                                                                     
        ƒA method to exceed  the appropriation limit, whether it                                                               
          be through referral to voters, legislative super-                                                                     
          majority, or otherwise.                                                                                               
                                                                                                                                
He  addressed the  pressure-relief  valve and  noted  its use  in                                                               
emergency situations.  He disclosed  that states have  abused the                                                               
pressure-relief  valve by  annually declaring  an emergency  as a                                                               
way  to get  around their  appropriation limit,  or to  declare a                                                               
particular appropriation is outside the limit.                                                                                  
                                                                                                                                
4:32:39 PM                                                                                                                    
CHAIR DUNLEAVY commented as follows:                                                                                            
                                                                                                                                
     This is  a bill that  we are  going to really  take our                                                                    
     time  and  do it  right  because  once again,  changing                                                                    
     something in the bill or  adding something really needs                                                                    
     to  be scrutinized  and evaluated  to see  if it  stays                                                                    
     within our  parameters of  being simple  and effective.                                                                    
     What we don't  want to do is end up  where the folks in                                                                    
     1982  ended up  and  that was  they  wanted a  spending                                                                    
     limit, it  went through  the process,  we know  how the                                                                    
     process can be with  bills with amendments and changes,                                                                    
     and what came  out the other end was  a spending limit,                                                                    
     and  if the  trajectory  of "spend"  was  kept at  that                                                                    
     trajectory,  that  baseline,  it  probably  would  have                                                                    
     constrained us,  but the reality  was we would  have to                                                                    
     spend about $10 billion.                                                                                                   
                                                                                                                                
He noted  that even if  SJR 2 passed  during the current  year, a                                                               
vote would  not occur for  another year.  He asked Mr.  George to                                                               
verify the ballot date.                                                                                                         
                                                                                                                                
MR. GEORGE replied November 2018.                                                                                               
                                                                                                                                
CHAIR DUNLEAVY welcomed invited testimony on SJR 2.                                                                             
                                                                                                                                
4:35:08 PM                                                                                                                    
JEREMY   PRICE,  State   Director,   Americans  for   Prosperity,                                                               
Anchorage, Alaska,  testified in  support of SJR  2. He  said the                                                               
existing cap, established at $2.5  billion in 1982, would be over                                                               
$10 billion  after inflation  and population  growth adjustments.                                                               
He noted  Alaska has  come close  to exceeding  the appropriation                                                               
limit in  FY09 and FY13.  He pointed out that  spending increased                                                               
dramatically from $3 billion in FY04  to $8.7 billion in FY13. He                                                               
asserted  that spending  increases  dramatically when  government                                                               
revenue is high. He said  the challenge to keeping spending under                                                               
control is when times are good.                                                                                                 
                                                                                                                                
MR. PRICE opined  that the majority of Alaskans  have not changed                                                               
their opinion since  the early 1980s on  limiting state spending.                                                               
He asserted  that now is the  perfect time to enact  the limit on                                                               
appropriations because state spending  has been declining for the                                                               
last few years.  He referenced the Municipality  of Anchorage and                                                               
the  state  of Colorado  as  examples  of governing  bodies  with                                                               
taxing and spending caps. He  noted that Anchorage recently spent                                                               
excess  taxes,  but  Colorado issued  refunds  to  taxpayers.  He                                                               
disclosed  that Colorado  has refunded  $2  billion to  taxpayers                                                               
since 1992.                                                                                                                     
                                                                                                                                
He set forth  that the lessons learned in  Anchorage and Colorado                                                               
can be applied to Alaska by:                                                                                                    
                                                                                                                                
   1. Not allowing an appropriations cap to be suspended.                                                                       
   2. Making language of the spending cap "water tight" so future                                                               
     legislators will not be able to "poke holes" in it.                                                                        
                                                                                                                                
He opined  that the majority  of Alaskans are  largely supportive                                                               
on limits to keep government from growing excessively.                                                                          
                                                                                                                                
4:43:34 PM                                                                                                                    
BOB  WILLIAMS, State  Budget  Solutions Representative,  American                                                               
Legislative Exchange  Council, Gig Harbor,  Washington, disclosed                                                               
his  background  and noted  that  he  served  five terms  in  the                                                               
Washington State Legislature where he  worked on tax and spending                                                               
limits.                                                                                                                         
                                                                                                                                
He set  forth that the purpose  of spending limits is  to provide                                                               
the fiscal discipline necessary  during strong periods of revenue                                                               
growth. He concurred that a  budget is overextended when a strong                                                               
limit is not set during revenue growth.                                                                                         
                                                                                                                                
He said the main benefits from SJR 2 are as follows:                                                                            
                                                                                                                                
   · Makes government more accountable;                                                                                         
   · Forces discipline over budget and tax practices;                                                                           
   · Makes government more efficient;                                                                                           
   · Makes government think of creative ways to generate                                                                        
     revenues;                                                                                                                  
   · Controls the growth of government;                                                                                         
   · Forces government to evaluate programs and prioritize                                                                      
     services;                                                                                                                  
   · Raises questions about the advisability of some functions                                                                  
     provided by government.                                                                                                    
   · Helps citizens feel empowered and results in more taxpayer                                                                 
     satisfaction.                                                                                                              
   · Helps diffuse the power of special interests.                                                                              
                                                                                                                                
MR. WILLIAMS  concurred with  Mr. Price that  a tax  and spending                                                               
cap must  stay "watertight."  He noted  that some  states without                                                               
watertight caps  have put  in exceptions to  get around  caps. He                                                               
suggested  that  consideration also  be  given  to budget  reform                                                               
where  the process  is  changed  to an  outcome-performance-based                                                               
budgeting.                                                                                                                      
                                                                                                                                
4:46:25 PM                                                                                                                    
CHAIR DUNLEAVY.  He said  he believed  SJR 2 is  one of  the most                                                               
important pieces  of legislation and  tool that all  Alaskans are                                                               
going  to  be  looking  at   moving  forward.  He  asserted  that                                                               
legislators work  for the people  of Alaska and have  to remember                                                               
that. He opined  that Alaskans were fortunate  enough for decades                                                               
to  have a  large  amount of  oil revenue  and  the paradigm  has                                                               
changed. He set  forth that the people  legislators represent are                                                               
owed  their say  prior  to the  Legislature  making decisions  on                                                               
taxation  or  changes in  the  permanent  fund or  other  revenue                                                               
enhancements and  tell legislators  what they  are looking  at in                                                               
terms of size of government.                                                                                                    
                                                                                                                                
CHAIR DUNLEAVY  announced he  would hold SJR  2 in  committee for                                                               
future consideration                                                                                                            
                                                                                                                                
4:48:23 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Dunleavy adjourned the State  Affairs Standing Committee at                                                               
4:48 p.m.