HOUSE JOINT RESOLUTION NO. 26 Proposing amendments to the Constitution of the State of Alaska relating to and limiting appropriations from and inflation proofing the Alaska permanent fund by establishing a percent of market value spending limit. Co-Chair Harris MOVED to WITHDRAW the previous MOTION to MOVE adoption of Amendment #3, #23-LS1006\V, Cook, 3/22/04. There being NO OBJECTION, the motion was withdrawn. Co-Chair Harris MOVED to ADOPT work draft version #23- LS1006\Z, Cook, 4/6/04, as the version of the bill before the Committee. Representative Croft commented that version "Z" would be a "pure percent of market value (POMV) form" of the bill. There being NO OBJECTION, it was adopted. PETE ECKLUND, STAFF, REPRESENENTATIVE BILL WILLIAMS, explained the changes made to the work draft version. He noted that it would be classified as a pure POMV bill and would place all the Permanent Fund into one fund. There would be no distinction between the Earnings Reserve Account and the principle. The bill would appropriate 5% of that amount annually for whatever purposes the Legislature desires. Mr. Ecklund noted the one difference added to Page 2, Line 10, Paragraph (b), a transition section. The language in that section clarifies that if the POMV amendment is adopted in 2004, the POMV mechanism would not come into effect until the FY 2006 budget. Co-Chair Harris observed that the proposed version of the bill would do nothing to protect the principle in the Constitution nor would it constitutionally authorize a dividend. It would only provide 5%, regardless. Mr. Ecklund said that was correct and that there would be no distinction between principle and earnings reserve. Representative Foster MOVED to report CS HJR 26 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Hawker OBJECTED, noting a letter in the file from the Permanent Fund Corporation. (Copy on File). The letter notes withdrawing their request for additional authority for the out reach concepts. He believed it would zero out the fiscal note. Co-Chair Williams agreed. Representative Hawker WITHDREW his OBJECTION. Representative Fate voiced concern that the bill would erode the ability of the Legislature to raise and allocate funds. He recommended the bill receive full debate on the House Floor. Representative Foster noted that the MOTION to MOVE the bill from Committee also included the two zero notes from the Department of Revenue and the Office of the Lt. Governor. There being NO further OBJECTION, it was so ordered. CS HJR 26 (FIN) was reported out of Committee with "individual recommendations" and with a new zero note by the Office of the Governor and zero note #2 by the Department of Revenue.